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HomeMy WebLinkAbout01-03392FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE 500 ENTERPRISE ROAD SUITE 150, HORSHAM, PA 19044 TERM Plaintiff /? V. NO.OI C't01,C?T2ri1 CUMBERLAND COUNTY GARY AUKER 1298 KELTON ROAD, CAMP HILL, 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, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:600013034 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is: GMAC MORTGAGE 500 ENTERPRISE ROAD SUITE 150, HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: GARY AUKER 1298 KELTON ROAD, CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/19/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CRUSADER BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 963. By Assignment of Mortgage Recorded 3/6/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 639, Page 637. 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 2/1/01 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." 6. The following amounts are due on the mortgage: Principal Balance $68,127.52 Interest 1,863.40 1/1/01 through 511101 (Per Diem $15.40) Attorney's Fees 3,406.00 Cumulative Late Charges 119.29 10/19/99 to 5/1101 Cost of Suit and Title Search 550.00 Subtotal $74,066.21 Escrow Credit 147.90 Deficit 0.00 Subtotal ($147.90) TOTAL $73,918.31 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §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 Plaintiff's 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 $73,918.31, together with interest from 511101 at the rate of $15.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff First Mortgage Loan Servicing San DBox iego '71 San Diego CA 92186-5071 GMAC ry? S Mortgage 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 Date: April 12, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on voar home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached napes The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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 AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EI. CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELF.GIBLF, PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DF.RECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): GARY AUKER 1298 KELTON ROAD PROPERTY ADDRESS: CAMP HILL, PA 17011 LOAN ACCT. NO.: 600013034 ORIGINAL LENDER: N/A CURRENT LENDER/SERVICER: GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE, FUTURE MORTGAGE, PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-Face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling 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 telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one lace-to-race meeting. Advise your tender munearately or 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 information about the nature of your default.) If you have tried and are ratable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only constmler credit counseling 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 FILE YOUR APPLICATION PROMPTLY. IF YOU FAII, TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available finds for emergency mortgage assistance are very limited. They will be disbursed by the Agency tinder the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dining that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. C/E ?rR T NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE, FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you bave Med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 1298 Kelton Road 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: February 1, 2001 through April 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments 2,232.18 Late Charges 119.10 NSF 0.00 Inspections 0.00 Other Suspense 0.00 TOTAL AMOUNT PAST DUE: 2,351.28 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may curie the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,351.28 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified check or money order made payable 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 applicable.) Not Applicable IF YOU DO NOT CURE THE. DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri hts to accelerate the wort a e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instnud its attorneys to start legal action to foreclose upon your mortga ged PEWerty IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period you will not be required to pay attorney's fees EXHIMT /A\ OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. -- If you have not cued the default within er requirements under the mortg.ge. curing your aetautt m me manner your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cue the default will increase the longer you wait. You may find 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: GMAC Mortgage Corporation Address: 401 Mile of Cars Way National City, CA 91950 Phone Number: (800) 850-4622 Fax Number: (619) 470-5579 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE -- 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 fi:mishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or 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 ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DITAULT 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 DEPAUL.T. (HOWEVER, Y013 DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE, TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE, NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED EXHIBIT February 1, 2001 ® 744.06 March 1, 2001 ® 744.06 April 1, 2001 Q 744.06 .>?'??'tl IF //4 h PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for CCCS of Northeastern PA Community Action (STEP) 1631 South Atherton St., Suite !00 2138 Lincoln Street P.O. Box 1328 State College, PA 16801 Williamsport, PA 17703 (814) 238-3668 FAX(814)238-3669 (570) 326-0587 PAX (570) 322-2197 CCCS ofNortheastem PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 PAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922.9537 FAX (570) 821-1785 COLUbIBIA COUNTY 1400 Abington Executive Park Suite 1 Clarks Summit, PA 18411 (570) 587-9163 or(800)922-9537 FAY (570) 587-9134-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-0994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570) 836-0090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 PAX(814)5749 John F. Kennedy Center, Inc. 2021 East 20' Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan -Harrisburg N. a Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Decry Street Harrisburg, PA 17104 (717) 232-9757 PAX (717) 234-2227 CRAWFORD COUNTY CUMBERLAND COUNTY Greater Erie Community Action Committee IS West 91 Street Erie, PA 16501 (814) 4594581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412)981.5310 Financial Counseling Services of Franklin 31 West 3itl Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 : (717) 243-3818 FAX (717) 731.9589 Adams County Housing Authority 139-143 Carlisle SL Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 A a ALL THAT CERTAIN LOT OF LAND SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTS[ OF CUMBERLAND AND STATE OF PENNSYLVANIA, KNOWN AND NUMBERED AS LOT NO. 15, BLOCK 'N' ON A PLAN OF TOTS OF HIGHLAND PARK SNOWING BLOC8 'N', -N-. 'O'. -P-, 'O'. 'R-, "S', AND -T', SAID PLAN USING RECORDED IN THE CURSERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 4, PAGE 98. SAID LOT NO. FIFTEEN (15), BLOCK -N- FRONTING FIFTY FIVE (55) FEET ON THE NORTHERLY LINE. OF KSLTON ROAD AND UXTENDSNG BACK THEREFROM AT EVEN WIDTH OUR HUD)DRSD TEN (110) FEET TO LINE LOTS NOS, O AND 9, BLOCK -N' ON SAID PLAN, HAVING THEREON ERECTED A ONE AND HALF STORY BRICK AND FRAME DWELLING HOUSE, NO. 1298 KRLTON ROAD, HIGHLAND PARK. CAMP HILL, PENNSYLVANIA. TOGETHER WITH ALL AND SINGULAR THRUWAYS. WATRUiS, WATER-COURSES, RIGHTS, LIBERTIES, PRIVILEGES. HEREDITAMENTS AND APPORTERANCES, WHATSOEVER THREVNTO BBi.ONOING, OR IN ANY WISE APPERTAINING. AND TEE REVERSIONS AND REMAINDERS, RENTS, ISSUES AND PROFITS THEROPI-AND ALL THE ESTATE, RIGHT, TITLE. INTEREST. PROPERTY, CLAIM AND DEMAND WHATSOEVER, or INLAW. EOUTTY, OR OTHERWISE HOWSOEVER. OF 10, AND TO THE SAME AND EVERY PART THEREOF. BEING THE SAME PROPERTY WHICH N. P. NINNEMAN, INC. BY THIER DEED DATED JUNE 21, 1951 AND RECORDED.IN THE RECORDER'S OFFICE OF CUMBERLAND COUNTY, .PENNSYLVANIA, IN DEED BOOK 41-0 BOOK 551, CONVEYED TO ROBERT C. AUKER AND ALVERTA S. AURER. - HUSBAND AND WIFE. THE SAID ALVERTA S. AUKER HAVING DIED JUNE 16, 1987, TREREBY VESTING FULL TITLE TO ROBERTY C. AUKER, HER HUSBAND, BY OPERATION OF LAW. THE SAID ROBERT C. AUKER DIED APRIL 21, 1994 TESTATE. HIS WILL FILED ON APRIL 27. 1999 AT INSTRUMENT NUMBER 21-99-411. VERIFICATION SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?o O 1 ?'V Eli V( V ?c C (?j K? 'row sz:? i s?. ?a c ?Ca r: U^ 6 SHERIFF'S RETURN - REGULAR CASE NO: 2001-03392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE VS AUKER GARY MICAHEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE AUKER GARY DEFENDANT was served upon the at 0014:07 HOURS, on the 5th day of June , 2001 at 1298 KELTON ROAD CAMP HILL, PA 17011 by handing to GARY AUKER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 37.92 Sworn and Subscribed to before Pnbthono So Answers: me this 2F O? day of R. Thomas Kline 06/06/2001 FEDERMAN & PHELAN By: ? , Deput Sheriff '? 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 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff VS. GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 Defendant Attorney for Plaintiff :CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-3392-CIVIL 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 GARY AUKER , Defendant, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 511101 TO 7/9/01 $73,918.31 $1,078.00 TOTAL $74,996.31 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ? &I t •? .?mr,o PROP THY/,? **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MORTGAGE VS. GARY AUKER Defendant(s) TO: GARY AUKER 1298 KELTON ROAD CAMP HILL,PA 17011 DATE OF NOTICE: JUNE 26, 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 01-3392-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights,. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-03392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE VS AUKER GARY MICAHEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AUKER GARY the DEFENDANT at 0014:07 HOURS, on the 5th day of June 2001 at 1298 KELTON ROAD CAMP HILL, PA 17011 by handing to GARY AUKER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 37.92 Sworn and Subscribed to before me this day of A. D. Prothonotary So Answers: R. Thomas Kline 06/06/2001 FEDERMAN & PHELAN By: c? Deput Sheriff ?? FEDERMAN and PBELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE Plaintiff VS. GARY AUKER Defendant Attorney for Plaintiff :CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 01-3392-CIVIL 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 is 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 GARY AUKER is over 18 years of age and resides at 1298 KELTON ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. C( C fcou-rm a4/-\ FRANK FEDERMAN Attorney for Plaintiff ?2 - (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas VS. : CIVIL DIVISION GARY AUKER : NO. 01-3392-CIVIL Defendant Notice is given that a Judgment in the above captioned matter has been entered against you on JULY /( , 2000. By 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 USE FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANIOtUPTCY THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO' A AN ATTEMPT TO COLLECT A DEBT, BUT ONLY E ENFORCEMENT LI N AGAINST PROPERTY. ** X15 `d ?v w ? c: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CUMBERLAND COUNTY Plaintiff, V. No. 01-3392-CIVIL GARY AUKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/9/01 to 12/5/01 (per diem - $12.33) TOTAL $74,996.31 $1,837.17and Costs $76,833.48 PENN CENTE at SUBURBAN STA E1400 ADELPHIA, P 19103 nev for Plainti Note: Please attach description of property.No. w? oz > a a>4 zz oW ?a O h Uz 00 oz U? xW H ?W U H GYr U L7 z 0 U W w? w? O ? H c ?w 3 U a? O o a? U p., w 0 a, a a x a z a 00 0) N .-I b p E a W e 21 2 C __ f03 r mfrI Z ? ,?mM 7 t , •» I C} - - ' ? .wry :-m^vc ra-?'c?a x.?a a?...icsea%sm?c'?F.55€N9?Nn?`? 1 ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan'of Lots of Highland Park showing Blocks "M" "N",10% "P", "Q",. "R" "S", and "T said Plan being / recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98, said Lot No. fifteen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, Highland Park, Camp Hill, Pennsylvania. TAX PARCEL 13-23-0545-208 TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10119/99, recorded 1111199, ink Record Book 210, Page 938. I e N Q-2 r; cn ?,yt ?o -zrr `p' 1S ?7 :vC ;a ? 4D ?G '.: a?:?saawzr. -r,^.?.-•, ?aw.,:rsz-ertrwa:.?.-,gv?-r??swsx!s?Pi? ._ GMAC MORTGAGE Plaintiff, V. GARY AUKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3392-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE , 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 1298 KELTON ROAD, CAMP HILL, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GARS' AUKER 1298 KELTON ROAD CAMP HILL, PA 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.) BUREAU OF DEPT. 280946 COMPLIANCE HARRISBURG, PA 17128-946 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 1298 KELTON ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to August 2, 2001 DATE falsification to authorities. for Jam} F'n i ?,= Zf ?o C: All FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE Plaintiff, V. GARY AUKER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3392-CIVIL Defendant(s). 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 unworn falsification to authorities. ? ~ mow' ` ? ? ? Y y ?+ I Z P y T ± by lfl GMAC MORTGAGE CUMBERLAND COUNTY Plaintiff, v. GARY AUKER Defendant(s). No. 01-3392-CIVIL August 2, 2001 TO: GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1298 KELTON ROAD CAMP HILL, PA 17011is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. t 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ` (800) 990-9108 ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan of Lots of Highland Park showing Blocks "M", "N", "P", :"Q",: "R", "S", and "V., said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98, said Lot No. fifteen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, Highland Park, Camp Hill, Penmylyania. TAX PARCEL 13-23-0545-208 TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, ink Record Book 210, Page 938. re C3 C) U Sri T1 "- m rC Ca Ca hA ? GMAC Mortgage VS Gary Auker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3392 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 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 9.75 Levy 15.00 Advertising 15.00 Certified Mail 9.12 Poundage 5.59 Postpone Sale Law Journal 138.30 Patriot News $284.92 paid by attorney Sworn and subscribed to before me So Answers: This Id, ?-' day of feu w?, O ? ;e? p R. Thomas Kline, S eh riff 2001, A.D.?? BY Ln G Prothonotary Real Estat Deputy '354 884 BZ?.,. li ?Gyz-- GMAC MORTGAGE Plaintiff, V. GARY AUKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3392-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE , 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 1298 KELTON ROAD. CAMP HILL. PA 17011 I. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 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 c property to be sold: NAME BUREAU OF COMPLIANCE if everyjudgment creditor whose judgment is a record lien on the real LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DEPT. 280946 . HARRISBURG, PA 17128-946 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 1298 KELTON ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. August 2, 2001 DATE *Aomey ED ESQUIRE -- for Plain ff GMAC MORTGAGE CUMBERLAND COUNTY Plaintiff, V. GARY AUKER Defendant(s). No.01-3392-CIVEL August 2, 2001 TO: GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1298 KELTON ROAD CAMP HILL, PA 17011is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. 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 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 COU] CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plaz of Lots of Highland Park showing Blocks "M", "N", "O", "R", "S", and "T", said Plan being recorded in the Cumberland County Recorder's Office m Plan Book 4, Page 98, said Lot No. fifteen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and eRtending back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, B1odk "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, Highland Park, Camp Hill, Pennsylvania. TAX PARCEL 13-23-0545-208 TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, ink Record Book 210, Page 938. -:mss _ .. ?.-aim'-R1. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01 -3392 CIVIL 19! COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CTTMRFRT ANTI COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage PLAINTIFF(S) 'rnm Gary Auker, 1298 Kelton Road, Camp Hill PA 17011. (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1298 Kelton Road, Camp Hill PA 17011. (See attached legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notif y the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyof the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directedto notify him/herthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due $74,996.31 Interest 7/9/01 - 12/5/01 $1,837.17 Atty's Comm _% Atty Paid $109.92 Plaintiff Paid Date: September 10, 2001 REQUESTING PARTY: Name Frank Federman, Esq. Address: 1617 JFK Blvd, Ste 1400 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Pro ono Try, Civil Division by: , Deputy Philadelphia PA 19103 1814 Attorney for: Plaintiff Telephone: (215) 563 7000 Supreme Court ID No. 12248 REAL ESTATE SALE No: 36 On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered as 1298 Kelton Rd., Camp'Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: qod-% Real Estate Deputy r;.? A ,\ alS ?,D h . NtmM?. N?u Sa...fw.s .:^ a`...p .; .':-yz :f?..3k_sryvirv,Sxk3t xhfS1'fF ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 19 day of OCTOBER. 2001 LOIS E. SKY Cd18Do 6 to REAL ESTATE BALE NO. 30 Writ No. 2001-3392 Civil GMAC Mortgage VS. Gary Auker Atty.: Frank Federman ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan of Lots of Highland Park showing Blocks "M," "N," "O," "P," "Q," 'R,' "S," and 7," said Plan be- ing recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98, said Lot No. fif- teen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending back therefrom at even width one hun- dred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, High- land Park, Camp Hill, Pennsylvania. TAX PARCEL 13-23-0545-208. TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmar- ried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/ 19/99, recorded 11/l/99, in Record Book 210, Page 8. n&- AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CUMBERLAND COUNTY No.01-3392-CIVIL DEFENDANT(S) GARY AUKER SERVE GARY AUKER AT 1298 KELTON ROAD CAMP HILL, PA 17011 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2001 SERVED -t Served and made known to < 7a(C y A o ks R Defendant, on the a? N day of s?eP?' , 200j, at o'clock 4?.m., at Kt:)4 N I` ?` • y GI v C ?T r l Commonwealth r of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual,place of business. an officer of said Defendant(s)'s company. Other: Description: Age c ? Height rS11 Weight Race _(A* Sex Y ' Other I, e la,' c e - `Tf'. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal Stacy L. Heefner, Notary Publ' Sworn to and sub ribed Chambersbu g Boro, Franklin o be e s dW- day My Commission Expires Au 5, 0 of 2001. Member, Pennsylvania associ otan Nit By: 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: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ?? ? ? r; ?„-r i _ ".3 i ?r5? .:_ - ?,. , ?_ t.: 'LLB' :..... ..' _ ?tY? - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 01-3392-CIVIL v. GARY AUKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $74,996.31 Interest from 03/08/02 to 06/5/02 $1,109.70 and Costs (per diem - $12.33) TOTAL $76,106.01 FRANK EDE E3QUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. w? 0 w? a? zz 0 ?a oz 00 U aA xw H tT A C lli.l )LL r? V a C7 z 0 N a U _ wa wy h? ?w ao x? w? a U a? -o w 0 d P? a x AU d' z 0 N a 00 N H b d 03 a 0 0? LJ Q 4 rq r ;r ?° N ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan of Lots of Highland Park showing Blocks "M" "N" "O" "P" "Q" "R% 'IS" and "T", said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98, said Lot No. fifteen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, Highland Park, Camp Hill, Pennsylvania. TAX PARCEL 13-23-0545-208 TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in?? Record Book 210, Page 938. - I I CZ-) IN RE: Gary L. Auker GMAC Mortgage V. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Debtor Movant Gary L. Auker Respondent I30-3 M (.fit-?`''^ Chapter No. 13 Bankruptcy No. 01-05349 RJW ORDER AND NOW, this gam/ day of Fe?a (y , 2002, upon consideration of the Motion for Relief and Motion for Default of Movant, GMAC Mortgage, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 1298 Kelton Road, Camp Hill, PA 17011, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1579, Page 963, 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: Isl Robert J. Woodside cc: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Stuart B. Donegan, Esquire 300 North Second Street, 9th Floor Harrisburg, PA 17101 Charles J. Dehart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Robert J. Woodside, Bankruptcy Judge FILED HARRISBURG FEB - 8 2002 Clerk, U.S. Bankruptcy Court Gary L. Auker 1298 Kelton Road Camp Hill, PA 17011 GMAC MORTGAGE V. GARY AUKER Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 01-3392-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, 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 1298 KELTON ROAD, CAMP HILL, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 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.) BUREAU OF DEPT. 280946 COMPLIANCE HARRISBURG, PA 17128-946 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 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 1298 KELTON ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. March 8, 2002 UZ ), ) DATE FRANK FEDERMAN, QUIRE Attorney for Plaintiff c- ??.? r, Z.. r _ ._ -<. -_ _ <' L ..? _a =< ..r.. .a.. .. R5 . [._-:c, 3T`? '_?,W'rs _'.^?3.' ,axv£"i:F¢. 4?R f ?4nir °45?649°i"" f?§'F?9?Q .. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE V. GARY AU_EER CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS Defendant(s). CIVIL DIVISION NO. 01-3392-CIVIL 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 unworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff q,S iE.o r ' 1 - - .. - . - -. - ,? ?3AP?> .-. ?* -.f7{°ic?P5b+141FSeWa?cNK?o'? h-UagL?sat?fgR4;?_ XiX4 GMAC MORTGAGE CUMBERLAND COUNTY Plaintiff, V. No. 01-3392-CIVIL GARY AUKER Defendant(s). March 8, 2002 TO: GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1298 KELTON ROAD, CAMP HILL, PA 1701lis scheduled to be sold at the Sheriff s Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan'of Lots of Highland Park showing Blocks "M", "N", "O", "P", "Q", "R", "S", and "T", said Plan being ' recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98, said Lot No. fifteen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, Highland Park, Camp Hill, Pennsylvania. TAX PARCEL 13-23-0545-208 TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, ink Record Book 210, Page 938. 6 rub G «J Cti .": f.. Fri ?- _ dtli?• A?fic`°? WF. x+s c4 WSS.-.+i'"N?stA ?aRRi'??',GA95'3' V'?2C`T3'?'Ll4R GMAC Mortgage VS Gary Auker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3392 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 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library Prothonotary 1.00 Share of Bills 25.20 Mileage 11.04 Levy 15.00 Advertising 15.00 Certified Mail 1.81 Poundage 1294.74 Law Journal 204.95 Patriot News 155.35 $1789.09 Sworn and subscribed to before me This II t= day of 9i 2002, A.D. yy t9Qccy Prothonotary So r • ?-a'C?..?cF' R. Thomas Kline, Sheriff BY`? d Real Estate Deputy 1, v-b Ck- 3(7GH /,740.3 GMAC MORTGAGE V. GAILY AUKER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3392-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, 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 1298 KELTON ROAD, CAMP HILL, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 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 everyjudgment 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.) BUREAU OF DEPT. 280946 COMPLIANCE HARRISBURG, PA 17128-946 4. 6. 7 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 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 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 1298 KELTON ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. March 8, 2002 1 A, DATE FRANkFEDERMAN, Eg'QUIRE Attorney for Plaintiff GMAC MORTGAGE CUMBERLAND COUNTY Plaintiff, v. GARY AUKER Defendant(s). No. 01-3392-CIVIL March 8, 2002 TO: GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1298 KELTON ROAD, CAMP HILL, PA 17011 is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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: (2151563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the'sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Planof Lots of Highland Park showing Blocks "M", "N",, "0", "P", "Q", "R", "S", and "T", said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98, said Lot No. fifteen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and eNtending back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, Highland Park, Camp Hill, Pennsylvania. TAX PARCEL 13-23-0545-208 TITLE TO SAID PREMISES IS VESTED N Gary Auker, an unmarried man by Deed from Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in/ Record Book 210, Page 938. ?r-'U WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3392 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE PLANTIFF(S) From GARY AUKER (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (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 gamishee(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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 74,996.31 L.L. Interest FROM 3/08/02 TO 6/5/02 (PER DIEM - $12.33) $1,109.70 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $407.34 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division y}? I REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEV ARD, SUITE 1400 PHH,ADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 P Real Estate Sale #57 On March 15, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 1298 Kelton Road, Camp Hill and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2002 By: Real Estate Deputy '' h'P 'Oj ' ?a p ,,STATE BALE No. 57 Writ No. 2001-3392 Civil GMAC Mortgage VS. Gary Aucker Atty.: Frank Federman ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan of Lots of Highland Park showing Blocks "M", "N", "O". "P", "g", -R7, "S", and '°C, said Plan be- ing recorded in the Cumberland County Recorder's Office in Plan Book 4, page 98, said Lot No. fif- teen (15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending back therefrom at even width one hun- dred ten (110) feet to Line Lot Nos- 8 and 9. Block "N" on said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298 Kelton Road, High- land Park, Camp Hill. Pennsylvania. TAX PARCEL 13-23-0545-208. TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmar- ried man by Deed from Dennis W. Auker. Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in Record Book 210, Page 938. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affant 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 ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 LOPS E. SNYDER, Notary Public MY &;7v? Cedsle 5 AMk:. "... E'?'?41+SIhYeumf aa=c?&•z.5-w'?< n?.:???`?;. >?%-_?..^?+m?7€t&8 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockh olders 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 a i 17th d o 002 A.D. worn to and 0a ai P S A L E #57 en Terry L. RussPli, Notary public ' -- -REAL ESTATE SALE No. 57 2oo2 NO ARY PUBLIC MyC mm5ssbn ExpUes June s Writ No. 2001-3392 , _ ..: Civil Term Member, Pennsylvania Association of Notadas commission expires June 6, 2002 GMAC Mortgage Its Gary Aucker CUMBERLAND COUNTY SHERIFFS OFFICE ARY: DESCRIETto Frank Federman CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAI tat of land shame in the CARLISLE, PA. 17013 Township of Lower Allen, County of Cumberland - and Swe of Peonsylvanin, known and numbered as Lot N0:3 15, Blank "N" not a Plan of Lots of p - " Statement of Advertising Costs " ' Q', ndParkshowingBlocksana1°,"N","a',"P' "Q" "R" '7°, and'T', said Plan being recorded ., Dr. To THE PATRIOT-NEWS CO., the CLi.cdand County" Recorders Office in Plan Book 4. Page 98, said La No. fifteen (15) Block For publishing the notice or publication attached -- , "N" fronting fifty five (55) feet on the Northerly line hereto on the above stated dates $ 153.60 of Kelton Road and extending back therefrom at Probating same Notary Fee(s) $ 1.75 even width 6w hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on said Plan, having thereon Total $ 155.35 erected a oiieartd half story brick and fmme dwelling Muse No. 1198 Kelton Road, Highland Park, Camp Hill, Pennsylyauia. Publisher's Receipt for Advertising Cost TAX PARCEL No.. 13-23,0545-208, TITLE T0.SAmPremises is vested in Gary Auker, , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general anunmanieb man, by Deed from Dennisw Auker, a Executor, PataC of Robert C. Auker dated 10119/99, receipt of the aforesaid notice and publication costs and certifies that the same have , =otded f flfr99, in Record Book 210, Page 938. r? By .................................................................... GMAC MORTGAGE v. GARY AUKER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3392-CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, 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 1298 KELTON ROAD, CAMP HILL, PA 17011 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 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 property to be sold, NAME BUREAU OF COMPLIANCE )f every judgment creditor whose judgment is a record lien on the real LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DEPT. 280946 HARRISBURG, PA 17128-946 LOWER ALLEN 1298 KELTON ROAD TOWNSHIP CAMP HILL, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN:JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATEDINVESTORS TOWER LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 6T" FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 1298 KELTON ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. APRIL 17.2002 601t,- DATE Fk/W FEDERMAN, ESQUIRE Attorney for Plaintiff -rte , -1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GMAC MORTGAGE VS. GARY AUKER CIVIL ACTION CIVIL DIVISION NO. 01-3392-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE hereby verify that on 3112/02 & 4/17/02 true and correct copies of the Notice of Sheriffs 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 3112/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: May 1. 2002 F NK FEDERMAN, ESQUIRE Attorney for Plaintiff O? 0 c v W N ' ao W W azQ 31 V '.L' a ?zW ?wa Qw? wOa I R N '? U L y R 7 zao "' g4RLLL9 ?? ^ I T aai3w 9 °` ? . ?_ 4 ` e zo.t?aav x? n G a v W C4 v w o W a= wu3r°^ o c z .. O as 5 y °Q' 3 g a°o J O Rvi; .?. ?? t? Q w ?pxm ? z E_ ED 0- ? w CL ,A O ?}1 a a a FS XQ ° : Q ?= .a o. ? 2 - O z p zm0 i4 w > j v W .?pFpg y GO 0 > - a y > U, r? Z -- C Z V oo Q C p E. E. 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N M l[7 tp r W 0 < M V J 2 C ?O U J 2 1 0 7160 3901 9844 7042 4140 TO: GARY AUKER 1298 KELTON ROAD CAMP HILL, PA 17011 SENDER: JPG/KOC REFERENCE: TEAM S/AUKER RETURN Postage RECEIPT SERVICE CerlMied Fee Return Receipt Fee Total Postage & Fees ° US Postal Service POST Receipt for Certified Mail 0 { No Insurance Coverage Provided 00 Not Use for International Mail _Vd t3,: rs fa FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-70GO ATTORNEY FOR PLAINTIFF GMAC MORTGAGE : CUMBERLAND County Plaintiff : Court of Common Pleas Vs. : CIVIL DIVISION GARY AUKER NO. 01-3392-CIVIL Defendant(s) TO THE PROTHONOTARY: Kindly satisfy the Judgment which was entered on 7/11/01 against GARY AUKER, Defendant(s), in the amount of $74,996.31 relative to the instant matter and mark this case satisfied, without prejudice, upon payment of your costs only. FRANK F DE ERMAN, ESQUIRE Attorney for Plaintiff Dated: 5113/02 W