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Home My WebLink About01-04843FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUII2E IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1b17 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 350, HORSHAM, PA 19044 v. Plaintiff TERM RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 Defendant(s) CUMBERLAND COUNTY 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 REAFFII2MED, 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 acfion 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 maybe 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 #:306637467 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 VALIIDITY 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 THH2TY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUHZES 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 CORPORATION 500 ENTERPRISE ROAD SUITE 350, HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD, NEWVII,LE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/28/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1548, Page 594. By Assignment of Mortgage Recorded 3/24/00 the mortgage was assigned to PLAIN'I'1FF which Assignment is recorded in Assignment of Mortgage Book No. 640, Page 1091. 4. The premises subject to said mortgage is described as attached. 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 $84,604.97 Interest 3,209.91 1/1/Ol through 8/1/01 (Per Diem $15.07) Attorney's Fees 4,000.00 Cumulative Late Charges 190.91 5/28/99 to 8/1/Ol Cost of Suit and Title Search 550.00 Subtotal $92,555.79 Escrow Credit 0.00 Deficit 1,195.70 Subtotal $1.195.70 TOTAL $93,751.49 The attorney's fees set forth above are inconformity 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. TMs 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 Plainriff 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 $93,751.49, together with interest from 8/1/01 at the rate of $15.07 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 properly. ~~~~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff a4a4~ ~ i • Loan No: 03839251 Burrower: RONALD L. KFI.LER " Tax Parcel Identification Number: 430300650a2 I_I ,. , RQB.~R7 E?.-ZLE.GLER RE'COP`DE~ OF'DEEDS CUMBERLAND COUNTY-PA '99 JUN 8 fl(~ 1~ 3Z Return to: ACCUBANC MORTGAGE CORPORATION P.O. BOX 809063 DALLAS, TEXAS 75380.9068 [Space Ahove This Line For pacordirq oatdl MORTGAGE Data ID: 946 THIS MORTGAGE ("Security Instrument") is given on the ?8th day of May, 1999. The mortgagor is RONALD L, KELLER AND CLAUDINE KELLER ,HUSBAND AND WIFE whose address is 1073 GRAHAMS WOOD ROAD, NEWVILLE, PENNSYLVANIA 17241 ("Borrower"). This Security Instrument is given to ACCUBANC MORTGAGE CORPORATION, A CORPORATION, which is organi2ed and existing under the Laws of the State of TEXAS, and whose address is 12'77 MERIT DREVE, #600, P.O. BOX 809089, DALLAS, TX 75:51 ("Lender"). Borrower owes Lender the principal sum of EIGHTY-SIX THOUSAND THREE HUNDRED and NOll00-----Dollars (U.S. $ 86,30[1.00). This debt i5 evidenced by Borrower's note dated the same date as this Security Itstrument ("Note"), which. provides for monthly payments, with the full debt, if not paid earlier, due and payable on Jtrnea, 2029. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and aU renewals, extensions and modifications of the Note; (b) the payment of aU other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey [o Lender the following described property located in the City of NEWVILLE, CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND Iv1ADE A PART HEREOF PENNSYLVANIA - sh,gle Farr~y-F.twe Mae~Fr~ate mta< urtlFOann u+s>~tuMerrr Form 7035 5J5n BOa%1$~~ pAOE .rJ~4 (Page 1 M 7 Pages) .,~~, -- which has the address of 1073 GRAHAMS WOO~Ve)~OAD, te.ryINEWV[LLE, Pennsylvania tzia ~o)el (°Property Address"); Tooentex Wmt all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fatures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to N this Security Instrument as the "Property." BoaaowEx Covevnn-rs that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Tts>s Secuam ixsrauntErrt combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to "constitute a uniform security instrument coJering }eal'property.~ ~ ~ ~ ~ ~ ' ~ - UNIFORM Coverrnnrs. Borrower and Lender covenant and agree as follows: 1. Payment of Princlpal and Interest' Prxpayment and Late Charges. Borsower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds [or Taxes end Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lerder on the day mon[hty paymena are due under the Note, until the Note is paid in full, a sum ("Funds' for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b yearly IeasBhold payments or ground rents on the Property, if any, (c) yearly hazard or property insurance premums; (d3 yearly Rood insurance premiums, if any; (e) yearly mortgage insurance premiurris, if any; and (t] any sums payable by Borrower to Lender, is accordance with the provisions of paragraph 8, m lieu of the payment of mortgage Insurance premiums. These_items„are caged,"Escrow Items."Lender may, at arty time._colleM and hold Funds in an amount not to exceed the ma~dmtim amount a lender for a federally related mortgage loan may tequir`e fiir~Biirzdwer's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 er seq. ("RE5PA"), unless another law that applies to [he Funds sets a lesser amount. If so, Lender may, et any time, collect and hold Funds in an amount not to exceed the lesser amotutt. bender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institutan whose deposits are insured by a federal agency, instrumentality, or entity (including under, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall appy the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or.verifying the Escrow kerns, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to ;make such a charge. However, Lender may require Borrower to pay a, one-time charge for an independent real estate tax reporting service used by Leader in conriection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,' Lender shall not be required to pay Borrower anyinterest or earnings on the Funds.Borrower and Lender may agree iri writing, however, that interest shall be paid on the~Furtds..I.ender shall give to Borrower, without charge, an annual accounting~of the Funds','showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are. pledged . as additional security For all sums secured by this Security instrument If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower Cor the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Esaow Items when due, Lender may so notify Borrower in writing, and in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion Upon payment in full of all sums secured by this Security Instrument, [.ender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. _ _ _ 3. Application of,Paymeots.. Unless applicable.lasv_provides othenv_ise,_all,pavmenes_received hy_Lender under___ _ _ _ paragraphs 1 and 2 shall be applied: fast, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borzower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borzower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time direMly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Tien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines, that any part of the Properly is stibject to a lien which may attain priority over this Security Instrument; Lender may giye,Borrower a notice identifying the lien. ,~ Borrower shall satisty [he lien or take one or more of the actions set forth above within 10 days of the giving oE.no[ice. . BOOK 1549 eacE ..595:. ~, . V._. .. Porm~s 9lao (Page 2 01 7 Pages) /~ Loan No: 08339257 • ~ ~ Data ID: 946 5. Harard or Property Insurance, Borrower shall keep the improvements now e~dsting or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or Hooding, for which Lender requires insurance. This insurance shag be maintained at the amounu and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borzower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to triaintain coverage desenbed above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property ~ arx:ordatrce with paragraph 7. ' All insurance policies and renewals shall 6e acceptable to Lender and~shali include a standard mottgagee clause. Lender shall hate the right to hold the policies and renewals. II Lender requves, Borrower shall prtimptty give to Lender all receipts of paid premiums and reaewa7 notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise aggee in writing, insurance proceeds shat! be applied to resmmtion or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security a not lessened If rite restoration or repair is no[ economically feasible or Lcnder's security would be lessened, the insurance proceeds shall be appficd to the sums secured by this Security Instrument, whether Or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 3l) days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lendcr may rue the proceeds to repair or restore the Property or to pay sums secured by this. Security. Instrument, whether.or not then due. The 30-day period will begin when the notice is given. Un1es3 Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to l.cnder to the extent of the sums secured by this Security Instrvment immediately prior to the acquisition. 6, Occupancy, Preservation, Maintenance and Protection o[ the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after [he execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower-'s control Borrower-shall not destroy, damage•or impair the Property;•allow the Property to•deteriorate, or~commit waste on the-Property. Bortower shall tie in default if any forfeiture action or, proceeding, whether civil or cTintirral, is begun that in Lender's good faith judgment could result in forfeiture of the, Property. or otherwise materis!!y'impaii the lien created by this Secirrity ]nstrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 13, by causing the action or proceeding to be d'umissed with a ruling that, in Lender's good faith determination, precludes Forfeiture of the Borrower's interest in the Property or other material impavment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in wnnection with the loan evidenced by the Note, including, but not limited to, representatioru concerning Borrower's oceupancy of the Property as a principa! residence. if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title io the Property, the kasehnW arxi the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenanu and agreements contained in this Security Instzument, or !here is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptry, probate, for condemnation or forfeiture or to enforce laws or regutations), then Lender may do and' pay for whatever is necessary [o pro[eM the value of the PTOper[y and Lender's rights in the Proneny. L.ender's actions may include paying any sums secured by a lien which has priority wer this Security Im'trument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take anion under [his paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instnrment. Unless Borzower acrd Lender agree to other [erne of payment, these amounts shall bear interest from the dale of disburseineni at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting p5yment. Form 3039 9/90 (Page 3 0l 7 Pages) aooK1548 vacs SS6 ,y T•,, •,t...., & Mortgage insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, For arty reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, al a cost substantially equivalent to the cost to $otrower of the mortgage insurance previously in effect, from an alternate morigabre insurer approved by Lender. [f substantially equivalent mortgage iiurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by~ Borrower: when the insurance coverage lapsed or ceased to be in effect. Lender will aceept, use and [etain these payments as a foss reserve in lieu of mortgage rnsurance. Loss reserve payments may no longer be required, at.the option:of;Lender, :. if mortgage insurance coverage (in the amount and for the period that, Lender requires} provided by an [neuter approved by Lender again becomes available and is obtained. Borrower •shall pay the premiums required to maintain mortgage t' insurance in effect, or to provide a loss reserve, untfl the requicetnent for mortgage insurance ends in accordance with, any wxitten~agreement between Borrower and Lender~or applicable law. 9. Inspection. Lender of its agent may make reasonable entries upon and inspections of the Property. Lender ` sha4 give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation The proceeds of any award or claim for damages, avert or consequential, in connection with any condemnation or other taking of any part of the Property; or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In [he'event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Harrower. [n the event of a pariial taking of the Property in which the fairtnarket value of the Property immediately before the taking is equal to or greater than the amount of the stain semred~ by this Security Instrument immediately before the taking, unless Harrower and lender othetwee agree in writing, the: sums secured 6y tt»s Security, Insttutnent sUaO be, reduce by the amount. of.the ppr~oceeds, multiplied by, the . following fraction: (a) the total amount of the sums secured immediately before [tie faking, divided by (b) the fail market ' value of the Property immediately before the taking. Any balance shal4 be paid to $orrower. [n the even[ of a partial taking of the property in which the fair market value of the ProperTy immediately before the taking is less than the amount of the sutras secured immediately before the talong, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the promeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower [hat the condemnor offers to•make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and appty the proceeds, at its option, either to restoration of repair of the Property or to the sums secured 6y [his Security Instrument, whether of no[ then due. Unless Lender and Borrower' otherwise agree-in writing, any application of proceeds tm principal shall not extend" or postpone the due date of the monthly..payrrtents referred'to in paragraphs 1 and 2 or change the amount of such payments. I1. Borrower Not•Released; Forbearance By LenderNot a Waivee Extension of the time for payment.oi modification of atnortrcation~of the sums secures by this Security Itutrurtent granted by Iznder to•any successor in.interest :, of Borrower shall not operate to rekxse the liabrlrty of the original Borrower or. Borrowers successors in interest. Lender shall not be r aired to commence proceedings against any sumessor in interest or refuse to extend time- for payment or otherwise mod amortization of the sums secured by this Security Instrument by reason of any demand made by the . original Borrower or Borrower's sumessors in interest Arry forbearance by Lender in exercising any right or remedy shaIl not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Insttumen[ shall bind and benebt the sumessors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Bottowe['s covenants and agreements shall be joint and several. Any Bottower who co- signs this Security Instrument but does not execute the Note: (a) is co-signing t{tis Security Instrument only to mortgage, gran[ and convey that Borrower's interest in the Property under the terms of this Security Instrument; {b) is not personally obligated to pay' [he sutras secured by this Security instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Nme~without that'Barrower's'consent- ~ - ~ ~' 13. Loan Charges. If the, loan secured by this Security Instrument is subject to a law which sets magmum loan charges, and that law is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permiucd limits, then: (a) any such loan charge shalt be reduced by the amount necessary to reduce the charge to the permitted tintit; and {b} any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reduung the principal owed under the Note or by making a direct payment to $orrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. I4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by fast class mail unless applicable law requires use of another method The rmtiee shall be averted [o the Property Address or arty other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first Bass mail to Lender's address stated herein or any other. address Lender designates by notice to Borrower. Arty notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given ad provided in this paragraph. '' ~ - 15. Governing raw; Severabi6ty. This•Security Instrument shall be goverried by•fedeml law and the law ofthe ~• jurisdiction in which the Property is lopted In-the event that any provision or clause of [his Security instrument. or the Note conEticts with applicable law, such conflict shag not affect other provisions of this'Security Instrument or the Note which can be given effect without [he mntticting provision. To thLs end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrmver's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument Fcrm~9 9(90 (Page a of 7 Pages) . 801IK~~~QpAGE X97 . 9. +~ Loan No: 08889251 ~ Data ID: 946 17. Trnnster of the Property or a Benefcial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or iF a beneficial interest in Borrower is sold on ttansferretl and,Borrower u not a natural person) without Lender's prior written consent, Lender may, at its option, requite immediate payment in fuA of all sums secured by this Security Instrument: However, [his. option shall not be exercised by Lender if exercise is -prohibited by federal law as of the date of this Security Instrument ~ ' IE Lender exercises [his option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Less than 30 days from the date the notice is delivered or marled within which Borrower must pay all sums secured by this Security Insuument. If Borrower EaiLs to pay these sums prim'[o the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without tur[her notice or demand on Borrower. 1& Borrower's Right to Reinsmte. ]f Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrumem discontinued at any time prior to the earlier of (a} 5 days (or such other period as appplicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in [his 5ecuri[ Instrument; or (b) entry of a ~judgmeni enforcing this Secunty Instrument. Those conditions are that Borrower: ~a} pays Lender alt sums which then would be due under this Security Instrument and [he Note as if no acceleration had occurred; (b) cures any defauh of any other wvenants or agreemenu; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reazonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's ob1~ation to Ray the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. l9. sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects mon[ttly payments due under [he Note and this Securiy Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower wtll be given wntten notice of the change in actutdance with paragraph l4 above and applipble law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20, Hazardous Substances. Borrower shall not cause or peroi! fhe presence, use, disposal, storage, or release of any Hazardous Substances on or in the Propperty. Borrower shall not do, nor allow anyone else to do, anything affecttrtg the Property that is in violation of arty Environmental Law. The preceding two sentences shalt aot apply to the ppreseace, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. • Sorrower shatl promptly give Lender wrinen notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory. agency or private party involving the Property and aay Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower ]earns, or is notified by any governmental or regulatory authority, [hat .any removal or other remediauon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, As uscd in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Emitonntental Law and the foltowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials conisining asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Em~ironmental Law" tneacu federal laws and laws of [Ire jurisdiction where the Property is located [hat relate to health, safety or environmental protection. Nart-UKtFOttet Cove[intrrs. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies, Lender shat! glue notice to 8orrmver prior to acceleratlon follt»vhtg Borrower's breach of any covenant or agreement in this Security Ingtrtunent (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the' sums secured by this Setvrity Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shag further Inform Borrower of the tight to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Botxnwer to areeletatlon and foreclosure. If the default is not cured its specifired, Lender at its option may regtrfre immediate payment in full of all sums secured by this Security Instrument without further demand and may Corectose this Sectulty Instrument by jndicial proceeding. Lender StmIT be entitled to toBect aB expenses incurred in pursmng the remedies provided in this partagtaph 21, ihdudirtg, but not limited to, eeasanable attorneps' tees and rosts of title evidence to the extent permitted by applicable law. 22, Release. Upon payment of all sums secured by this Security Insuvment, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay arty recordation costs. 23. Waivers. Borrrnver, to the extent permitted by applicable law; waives and releases any error or• defects:in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay o ~execu[ion, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate-provided in paragraph 18 shall~¢xtend io one hour prior to rho commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrvment. 25. Purchase Money bfortgage. If aay of the debt soured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment n entered on the Note or in an action of mortgage foreclosure shall bz the rate payable from time to time under the Noie. Form 30a9 a/so (Page 5 of 7 Peges) eoox1548eac>: t598 i 'f ,_ 27. Riders to this Sernrity Instrttmt~ttt.~ 1~' bnCt'or more eiders are executed by Borrower and reconled together with this Security Instrument, the covenants artd agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as iF the rider(s) were a gait of this Security Instrument [Check applicable box(es)) ^ Adjustable Rate Rider ^ Condominium Rider ^ 1-~ Family Rider ^ Graduated Payment Rider ^ Planned Unit Development Rider ^ Biweekly Payment Ridet ^ Balloon Rider ^ Rate Improvement Rider ^ Second Home Rider ^ Othet(s) [specify[ BY SIQNING BEIAW~ Borrower accepts and agrees to the terms and covenants wntainedvt this Security Itutrument and in any rider(s) executed by Borrower and recorded with it. Witness Printed Name Printed Name G ...:........................................................ Seal KELLER -Borrower ( ) BOOKIS~BPACE Form~9 9(90 (Page 6 0/ 7 Peges} First Mortgago Loan Servicing PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 GMAC Mortgage Date: June 8, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This i; an_ofticial notice that the m_ortga~e on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HObiF;OWNF,R'S MORTGAGE. ASSISTANCE: PROGRAM (IIF,NIAP) may be able to help to save your home. This Notice explains how the program works. To see if HFMAP can help, yon must b1F.F,T WITH A CONSUMF,R CREDIT COUNSELING AGENCY V4ITAIN 30 DAYS OF TAE. DATE OF THIS NOTICE,. Take this Notice with yoo when yon meet with the Counseling Agency, The name, address and p),one_number of Consumer Credit Counseling Agencies serving your County are listed at the end,otthis Notice. If you have any questions, yon may call the Pennsylvania IIousing Finance AEen_cy_toll_Gee at 7-800-342.2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe 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. I,A NOTIFICACION F,N ADJUNTO F.S DF. SUMA IMPORTANCIA, PUF,S AFF,CTA SU DERF,CHO A CON1'INUAIt VI~7END0 F,N SU CASA. SI NO COMPRF.NDF, EI, CONTFNIDO DF, F.STA NOTIFICACION OBTF,NGA UNA TRADUCCION IMMF,DIATAbiF,NTF, I,I,AMANDO F.STA AGF.NCIA (PF,NNSYI,VANIAHOUSlNG FINANCE. AGENCY) SIN CARGOS AI, NUMF.RO MENCIONADO ARRIRA. PUF,DF,S SF,R F,LF.GIRLF. PARR UN PRF.STAMO POR F,L PROGRAIVIA LLAMADO "HOMF,OV4NF,R'S F.hiF.RGF.NCY hiORTGAGF. ASSISTANCE, PROGRAM" F,I. CUAI, PUF,DF. SALVAR SU CASA DF. LA PF,RDIDA DF.I. DF,R'F,CHO A RF,DIMIR SU HIPOTFCA HOMEOWNER'S NAb1F,(S): CLAUDINE REELER 1073 GRAHAMS WOOD RD PROPF,RTYADDRF,SS: NEwvILLE, PA 17241 LOAN ACCT. NO.: 3 0 6 6 37 4 67 ORIGINAI, I,F.NDF,R: N/A CURRF,NTLF,NDF;WSF,RVICER: GMAC Mortgage Corporation ~'~WIB1T +~ First Mortgage Loan Servicing PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 GMAC Mortgage Date: June 8, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an otticial notice that the mortga~e_on your home is in default, and the lender intends to foreclose. Specific information. about the nature of the defaolt is provided in the attached pages. The HOMF,OWNb:K'S MORTGAGF, ASSISTANCF. PKOGRAM (HF,MAP) may be able to help to save your home. This Notice_gxplainsbow the_program_works. 1'o see_if $FMAP can help, you must hiF,F,T WITH A CONSUMF,K CKF.DIT COUNSF,LING AGF,NCY WI'T'HIN 30 DAYS OF TRF, nATF, OF TATS NOTICE. Take this Notice with you when you meet with the CounseGn~ Agency. The name, address and phone. number of Consumer Credit Counseling Agencies serving your County are listed at t_h_e_end of this Notice. If yon have any questions, you may caB the. Pennsylvania Housing Finance ~enc~toll fre_e_at i-$00-342-2397. (Persons with impaired hearing can call, (777) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help yea find a lawyer. LA NOTIFICACION EN ADJUNTO E5 DF, SUMA IMPORTANCIA, PUSS AFF.C1'A SU DF,RF,CAO A CON1'INUAR VIVIENDO F.N SU CASH. SI NO COMPRF,NDF, F,I. CONTENIDO HF. F,STA NOTll~ICACION OBTF.NGA UNA TRADUCCION IMMF,DIATAMF.NTF, I,LAMANDO F,STA AGF.NCIA (PF.N,NSYLVANIA ROUSING FINANCE AGF,NCY) SIN CARGOS AI, NUbiF.KO bfF,NCIONADO ARRIIIA. PUEHF.S SF,R F,LF.GIBI,F, PARA UN PRP;STAMO POR F,I, PROGRAMA LI,AMADO "HOb1F,OWNF.K'S F,MF.KGENCY bIORTGAGF, ASSISTANCF. PROGRAM" F.I. CUAI. PUP:DF. SAI,VAR SU CASA DF. I,A PF.RDIDA DF,I. DF.RF.CHO A RF,DIMIK SU AIP01'ECA FIOiv1EOV1'NF:K'S NAMI?(S): YKOPEKTY ADDRF,SS: LOAN ACCT. NO.: OKIGINAI. LF,NDF.R: CUKKF,NT I.F,NDF.K/SF,KVICEK: RONALD L. KELLER 1073 GRAHAMS WOOD RD NEWVILLE, PA 17241 306637967 N/A GMAC Mortgage Corporation _..~.~ HOMEOWNER'S Eiv1ERGENCY ~1ORTGAGF. ASSISTANCE, PROGRAM Y_O_U_ ~iAY RF; ELIGIBLE FOR FINANCIAL, ASSISTANCE. WHICH CAN SAVE. YOUR AOME FROM FORF,CI,OSURF, AND HELP YOU MAKE FUTURE MORTGAGE, PAYMF,NTS IF YOU COMPLY V6'1TH 1'HE PROVISIONS OF THb: HOMEOWNER'S F,biF,RGENCY MORTGAGE, ASSISTANCE ACT OF 7983 (THE. "ACT"),YOU MAY RF, F.I,7GIBLA: FOR F,MERGF.NCY h1ORTGAGF, ASSISTANCE,: IF YOUR DN7rAUI,T HAS RF,F.N CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABI,F. PROSPECT OF RF,ING ARLF. TO PAY YOUR b1ORTGAGF, PAYMENTS, AND IF YOU biF,ET OTHER F.I,IGiBI1.1TY REQUIRF,)v1ENTS F,STARI,ISHED RY THF; PF.NNSYI,VANIA HOUSING FINANCE, ACF.NCY. TEMPORARY STAY.OT rOILF,CI,OSURB; -- Under the Act, you are entitled [o a temporary stay of foreclosure -- onyour mortgage for thirty (3 )days from the date of this Notice. Ih~ring that time you must arrrnge and attend a "face-to-face" meeting with one of the consuuer credit counselnng agencies listed at the end of this Notice. THIS MF,FTING iViUST OCCUR WITHIN THE NF,XT (30) DAYS. IF YOLJ DO NOT APPLY FOR EMERGENCY MOR1'GAGP, ~SSISTANCP., YOU MIDST BRING YOlJR MORTGAGP. UI' TO DriTE. T}IE PART OP 71}1S NOTICE, GAI.LP_p"HOW TO CURE YOUR MORTGAGE DF.PAUI,T", EXI'I,AINS }IOW TO BRING YOUR MORTGAGE LJP TO DATE,. CONSUA7FR CItF,nI_T COUNSF,LING_AGF,_NCIF.S -- 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 named addresses and telephone ntnrbers of designated consumer credit counseling agencies for the county in_w_hich the_pmperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise youU lender immediately of your intentions. APPIdCATION FOR iViO1tTGAGF ASSISTANCE, -- Yoty mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nahue of yourr default.) If you have tried and are unable 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 }lomeowner's Fanergency Assistance Program Application uvith one of the designated consumer credit cotnseling agencies listed at the end of this Notice. Only consumer credit cotnseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania }lousing Finance Agency. Your application MlJST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FII,F, YOUR APYI,ICATION PROMPTLY. IF YOU FAII, TO DO SO OR IF YOU DO NOT FOLLOW THF, OTHF,R TIb1I+ YF,RIODS SF,T FORTH IN THIS LF.7"I'ER, FORECI,OSURF, MAY PROCEED AGAINST YOUR HO)V1E IMMF,DIATELY AND YOUR APPIdCATION FOR MOR1'GAGF. ASSISTANCE, W11.I. BF, DF.NIP;D. AGENCY ACTION_ --Available funds for emergency mortgage assistance are very limited. They will be disbuirsed by the Agency under the eligihili[y criteria established by the Act. The Pennsylvania housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that Gme, no foreclosuu proceedings will he pursued against you if you have met the time regwrements set forth above. You will be notified directly by the Pennsylvania llousing Finance Agency of its decision on youv application. ~~~~~~~~ NOTN : IF YOU ARE CURRF,N'1'1,Y YROTP;C1'F;D RY THE FILING OF A PF,1'I'I'ION IN RANKRUYTCY, THE FOLLOWING PART OF THIS NOTICE. IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTF.1ViPT TO COLLF,CT THF: DER1'. (If you have tiled bankruptcy you can still apply for F,mergency Mortgage Assistance.) HOW TO CURF. YOUI;.MORTGAC.F, DF,FAULT (Bring it np to date). NATURE OF TIiN; DA:FAULT' -- The MORTGAGE, debt held by the above lender is on your property located at: 1073 Grahams Wood Rd Newville, PA 17291 IS SERIOUSLY IN DEFAULT because: YOU ]IAVT: NOT MADP. MONTIII.Y A40RTGAGP. PAYMENTS for the following months and the following amounts are now past due: February 1, 2001 through June 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments 3, 6 6 6. 2 5 Iate Charges 81.81 NSE 0.00 Inspections 14.50 Other Suspense 0.00 TOTAI. AMOUNT PAST DUE: 3 , 7 62.5 6 II. YOIJ ]IAVP. PAII.ED TO TAKE. TIIP. EOI,I.OWING ACTION (Do not use if not~plicable): HOW TO CURF_ THF; D_F.FAUI,T --You may ave Ute default within T}IIRTY (30) DAYS of the date of this notice BY PAYING THF TOTAI. AMOUNT PAST DUE, TO THF, LENDF,R, WHICH IS $ 3 , 7 62.5 6 , PLUS ANY MORTGAGP. PAYMENTS AND LATIs CHARGES WHICH RF.COMH DiIP. DURING THP, THIRTY (30) DAY PIiR]OD. Payments must be made either by_ cash, cashiers 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 acre any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not useifnotapplicable.) Not Applicable IF YOU I)O NOT CURF. T}IA;DEFAULT -- If yon do not cure the defazdt within THIRTY (30) DAYS of the date of this Notice, the lender in_ tends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage m monthly installments. If fill payment of the total amain[ pas[ due is not made within T}IIRTY (30) DAYS, the lender also intends to instinct its attorneys to start legal action to foreclose upon your mortgaged property. IF THI!; M_ORTGAGF, IS FOI;_F.CI,OSF;n UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers yoiv case to its attorneys, but you cave 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 incivred, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees ach~ally incivred by [he lender even if they exceed $50.00. Any at[omey's fees will be added to the amormt you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you wHl not be required to pay attorn C s. ~~t8#~~ OTIII!:I; LF.NnER It$h1EDIES --The ]ender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE 1'NE DF,FAUI,T PRIOR TO SHb:RII~I+'S SALE -- If you have not clued the default within -- - the TIlIRTY (30) DAY period and foreclosiu proceedings have begun, oiy !still have the-right to clue the_ a au_ t and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Cnring your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.ARI,IF.ST POSSIHI,E 5HF,RIFF'S 5AI,F, DATE. -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property-could be held would be approximately six (6) months from the date of this Notice. A notice of the achial date of the Sheriffs Sale will be sent to you before the sale. Of coiuse, the amount needed to aue 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 THF. I,F,NDF,R: Name of Lender: GMAC Mortgage Corporation Address: 401 Mile of Cars Way National City, CA 91950 Phone Number: (800) 850-9622 Fax Number: (619) 470-5579 Contact Person: Collection Department F, ~ ~F,C1' Or SHF WTF'S S_AI.F --You should realize that a Sheriff s Sale will end yoiu ownership of the mortgaged property and yoiu right to occupy it. If you continue to live in the property alter the Sheriffs Sale, a lawsuit to remove you and yoiu furnishings and other belongings could be started by the lender at any time. ASSUMPTION Oh MORTGAGE -- You may or may not sell or transfer your home to a lnryet 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, THF. RIGHT: TO SI:LI, THF PROPP.RTY TO OBTAIN MONEY TO PAY OFP T}IP MORTGAGE. DP.BT OR TO BORROW MONEY PROM ANOT}IF.R LENDING ]NSTITlJ77ON TO PAY OFP THIS DP.HT. TO HAFT TIIIS DFTALJI,T CLJRPD IIY ANY THIRD PARTY ACTING ON YOlJR RP.HALP. TO HAVP. THE MORTGAGE. RP.STORP,D TO TIIIi SAME POSITION AS ]P NO D$FAlJLT HAD OCCURRPD, IF YOU CURE T}IP, DPFAULT. (AOWF.VHR, YOtI DO NOT HAVE. T}IIS RIGHT TO CURD. YOUR DF.PAULT MORP T}IAN "f}IRP.P. TIMPS IN ANY CAL}iNDAR YF.r1R.) TO ASSERT TILE NONPXISTIiN(T OP A DPI~At1LT IN ANY PORPCLOSLJRP PROCP,P.llING OR r1NY OT}IPR I.r1WSlJIT INSTI7lJT}:D UNDER T}]P. MORTGAGI'. DOCUMENTS, TO ASSP.RT ANY OT}IER DEPIiNSP. YOl1 RELIPVB YOl7 MA1' HAVP. TO SIJCII ACTION I3Y T}IP. I.}:NDPR. TO SPPK PROTECTION UNDP,R THP, PEDPRA]. RANKRLJPT('Y I.AW. CONSUMh:R CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED ~:xH~BEr,. PENNSYLVANL4 ROUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRA,tit CONSUMER CREDIT COUNSELING AGENCIES (RE V. 8/00) CLINTON COUNTY LycomingLtinton Counties Cornmision for CCCS of Northeastern P.4 Community Action (STEP) 1631 South Atherton Sc, Suite 100 2138 Lincoln Sveet P.O. Box 1328 State College, PA 16801 Williamsport, PA 17703 (814) 238.3668 FAX (814) 238-3669 (570) 326-0587 FAX (570) 322-2197 CCCS ofNortheastem PA 201 Basin Sveet Williamsport, PA 17703 (570) 323-6627 FAX (570) 323.6626 COLUAIBL~ COUNTY 31 ~W. Market Sveet 1400 Abington Executive Park POB 1127 Suite I - - Wilkes-Barre, PA (8702 - Clarks Summit, PA !8411 (570) 821-0837 or (800) 922-9537 (570) 587.9163 or (800) 922-953 i FAX (i70) 821-f>85 FA3C (570) 587-9134.9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 326-OS l0 or (800) 822-0359 FAX (i70) S29-1465~Call Before Faxing) (570) 455-4994 Hazeltawn FAX (i70) 455-543 t-(Call Before Faxing) (570) 8364090 Tunkhannock Booker T. Washington Center Greuer Erie Community Ac[ian Committee 1720 Holland Cet[ter 18 Wes[ 9i° Svee[ Erie, PA 16503 Erie, PA 1650! (814) 453-5744 PA)C (814) 5749 (814) 459-1581 FAX (814) 456-0161 lobo F. Kennedy Center, [nc. Shenango Valley Urban League, (nc. 2021 East 20'" Street 601 Indiana Avenue Erie, PA 16510 Farrell, PA 16121 (S 14)898-0400 (412)981-5310 FAX (814) 898-1243 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. .Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3i° Svee! Harrisburg, PA !7102 Waynesboro, PA 17268 (717) 541-1757 (711) 762-3285 Urbari League of Metropolitan Harrisburg - - YWCA of Carlisle N. 6'° Svec[ 301 "G" Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 FAX (717) 234-9459 (717) 243-3813 FA.Y (7l i) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority ISI4 Derry Sveet 139-143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 FAX (717)234-2227 (717)334-1518 FAX 334-8326 PEVNSYLV.4NL4 BULLETIN, VOL. 29, N0.23, JUNE S, 1999 °. ,,J~i A~a.I1~ ~, L4,~L THAT C1=I2TAlN tract of land and improvements thereon, situate in Upper AilP$' ' Fcankfocd Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNlNG,at an iron pin in the centerline of the public road known as Grahams Woods Road {Township Road No. T-448}, an the line of land now or formerly of Glenn Rickabaugh; thence along the fatter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; fhence along the same, South 70 degrees of 220.99 feet to iron pin in the centerline of said public road; thence along the fatter the following seven courses and distances {1) North 20 degrees 42 minutes 31 seconds East, a distance of 53.05 feet; {2} North 34 degrees 03 minutes 30 seconds East, a distance ofi 71.11 feet; {3) North 52 degrees 58 minutes 11 seconds East, a distance of 69.72 feet; {4) North 58 degrees 11 minutes 53 seconds East, a distance of 66.46 feet; {5) North 58 degrees 51 minutes 57 seconds East, a distance of 64.80 feet; (6) North 52 degrees 44 minutes 22 seconds East, a distance of 58,59 fee#; and {7) North 49 degrees 38 minutes 36 seconds East, a distance of 67.64 feet to an iron pin in [he centerline of said public road, the point and place of SEGINNlNG. CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Pian Sock 73, Page72, and being designated thereon as Lot No. 3. HAVING thereon erected a dwelfin known and numbered a-~T~Gra ems ood ~ _~ ewv~ le t'~nnsy vanla ~ IT BEING the same premises which Melvin P, Chestnut and Dottie M. Chestnut, husband and wife, by deed dated July 31, 1997 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 33, granted and conveyed unto Jeffrey A. DeFasse and Jo Ellen De Fosse, husband and wife, Grantor{s) herein. UNDER AND SUBJi=CT, to use restrictions #hst there he n o burning of trash on the property, that no hogs may be kept at the premises, and that no more than one unlicensed vechicie may be maintained on the property, and to building set back tines as shown in Plan Book 73, Page 72. EJNDER ANQ SUBJECT, nevertheless, to ail restrictions, easements, covenants and rights of way of record, or visible upon inspection of premises. VERIFICATION KRISTINE WILSON 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 aze 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 unswom falsificarion to authorities. DATE: v /~ ~~_ 6 C) } U (t ~ I _7 ~ ~~ cl.~ r~ ~.~ ~ ; b i q1 ~ 1 ~c w _ y_ ~ Ci ...H _ ~~~~ _- ~'I i ~_ ~ _i `= ~.n -t i ,: bI ~ ~ P,~ Ui G ~~ ~ ,~ ~~ t CASE N0: 2001-04843 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE CORPORATION VS KELLER RONALD L ET JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KELLER RONALD L DEFENDANT A RONALD L. KELLER SR was served upon the at 2035:00 HOURS, on the 12th day of September, 2001 at 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 by handing to CLAUDINE KELLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.35 Affidavit .00 Surcharge 10.00 .00 40.35 Sworn and Subscribed to before me this ~8 ~ ,,~~ day of ,~lc~ aZs~e/ A . D . ,~ OD ~~ othonotary So Answers: ~'~~~!~ R. Thomas Kline 09/13/2001 FEDERMAN & PHELAN By: Deputy Sheriff a CASE NO: 2001-04843 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KELLER RONALD L ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLER CLAUDINE DEFENDANT the at 2035:00 HOURS, on the 12th day of September, 2001 at 1073 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 CLAUDINE KELLER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /8 ~ day of Prothonotary So Answers: ~~~ R. Thomas Kline 09/13/2001 FEDERMAN & PHELAN By: ep ty riff _~-,.. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04955 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DARR JOSHUA A VS TAYLOR NICOLE CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR NICOLE the DEFENDANT at 0954:00 HOURS, on the 11th day of September, 2001 at 117 1/2 E MAIN ST SHIREMANSTOWN, PA 17091 NICOLE TAYLOR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this ~_ day of ~~~~ A.D. C~_t~ ~ ~~ ~~rothonotary So Answers: ~.~~ R. Thomas Kline 09/12/2001 WIX WENGER & WEIDNER By: ~ 7. ~,~/s'' o De ty Sheriff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1514 {2151 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 350 HORSHAM, PA 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). CIVIL DIVISION NO. 01-4843-CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RONALD L. KELLER. A/K/A RONALD L. KELLER SR and CLAUDINE KELLER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/1/01 to 10/23/01 TOTAL $93,751.49 $1,2so.81 $95,002.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 23~7..1~, ~co~~py attached. i~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGE~S,(~AR~E,,~H,EREBY ASSESSED AS INDICATED. DATE: ~~~ ~, ~l ~ I , PRO PROTHY Jcsf~~~. ~~~^`1 ~~ r K~ V [C' f ~ T! .....f ._ ~ ~) -~% f . 'n -- ~ •_- }! r `G CTt FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 one Fenn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS = CIVIL DIVISION .-c~ ~ - --a z ~,_ CUMBERLAND COUNTY _ ~~, ~ cn ~~ n~';= u, ~ ~~ ~ ~ NO. 01-4843-CIVIL ~~? ~ - ~E _~ __~ ~ ~ ~ ~~ cb TO: RONALD L. KELLER, A/K/A RONALD L. KELLER, SR '~ 1073 GRAHAMS WOOD ROAD - ~ ~ ~ "~ NEWVILLE, PA 17241 ~` -`' ~" a,:= ° - DATE OE NOTICE: OCTOBER 3. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r~^~ic-.Vii-~ ~iL Frank Federman, Esquire Attorney for Plaintiff 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 GMAC MORTGAGE CORPORATION Plaintiff vs. RONALD L. KELLER, L. KELLER, SR. CLAUDINE KELLER A/K/A RONALD ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0. O1-4843-CIVIL ~ ~ C_, Defendant(s) ~~ o n T0: CLAUDINE KELLER ~ ~? fy "~ l; 1073 GRAHAMS WOOD ROAD ~.a ~~ ~"~'' NEWVILLE, PA 17241 ~ ~~ ~~ ~-~ Y v <' `i :Z DATE OF NOTICE: OCTOBER 3, 2001 ~ ~ -mac 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 FEDERMAN AIQD PHELAN, L.L.P. Frank r^ederman, Esquire Identification No. 12248 On,e Pann Center Plaza at Suburban. Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. RONALD L. KELLER, L. KELLER, SR. CLAUDINE KELLER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEP~ c~ CIVIL DIVISION -om ~;~rr. z x!. ~,a CUMBERLAND COUNTY ~ ;.., ~%' u''.'_ ~% ~; A/K/A RONALD NO. 01-4843-CIVIL y ~. -" i'' C. T0: RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. 1 DELTA DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: OCTOBER 3, 2001 C~ -;.; ,, , i ,,'.` ; -:~_, .; 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 (lo) 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 ASSOCLATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Frank Federman, Esquire Attorney for Plaintiff F~DER"^AN A?v'D ovE:~A'V , 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 GMAC MORTGAGE CORPORATION Plaintiff vs. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s) T0: CLAUDINE KELLER 1 DELTA DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: OCTOBER 3, 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0. 01-4843-CIVIL C~ ~ _% -Grr= ~ fti ~~r~. ~ - -~ ... .e Z:n- ,~ - -.: ,, sI ~~ C~~ 3 ~ Ly ,~,~' i"' ' ~ ~ 9 ] I ~ ja'~ 1 4 ~ Y y "C X `'7 ( y 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 rank Federman, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. RONALD L. I{ELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). No.01-4843-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $95,002.30 t~ Interest from 10/23/01 to 3/6/02 (per diem -15.62) TOTAL $2,093.08 and Costs $97,095.38 n.~~~~ ~.~~n 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. w~ w~ az zz oW ~a O E~• ~z 00 o~ ~~ xW F~ "" U sr t!S ^1 ~ C Y- ~ ~_ ~ l l ` _ ) ~ ~ L G, !1J l ~1 J l Ci c~ J a a z o F .a U o ~W ~~ a wy wo ~ a~ ~ F~ ~- Cti ~ ~ Z ~ ~ ~ 3~ ~a ~ y wa o ~ ~ a~ a~ a ~ A a z 0 (~ w .~ a w 0 w b d' `~ ~~~~U /~ ~ -~~ ~ ~ ~.: b 3 -~ ~\ ~~ ~ ~.~~~~~ ~,~yn..,r- ~-LL THAT CERTAIN tract of land and imprcvements thereon, situate in Upper ~° Pranlifefid Township, Cumberland County, Pennsyivaria, bcunded and described as fol(cws: BEGINNiNG,at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No. T-448), on the line of land now or formerly of Glenn Rickabaugh; thence along the fatter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along the same, South 70 degrees of 220.99 feet to iron pin in the centerline of said public road; thence along the fatter the following seven courses and distances {1) North 20 degrees 42 minutes 31 seconds East, a distance of 53.05 feet; (2} North 34 degrees 03 minutes 30 seconds East, a distance of 71,11 feet; (3) North 52 degrees 59 minutes 11 seconds East, a distance cf 69.72 feet; {4) North 58 degrees 11 minutes 53 seconds East, a distance of o6.46 feet; (5) North 58 degrees 51 minutes 57 seconds East, a distance of 64.80 feet; (6) North 52 degrees 44 minutes 22 seccnds East, a distance of 58.59 fee#; and (7) Ncrth Y° degrees 38 minutes 36 secnnds East, a distance of 67.64_feet to an iron pin in the centerline cf said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan Bock 73, Page72, and being designated thereon as Lot No, 3. HAVING thereon erected a dwelling kncwn and numbered as 1073 Grahams Woods: Road,Vewviile,~PennsY,ktl~;:~7„~4.1_: lT BE1NG the same premises which Melvin P.. Chestnut and Dottie M. Chestnut: husband and wife, by deed dated July 31, 1997 and recorded in the Gffice of the Recorder of Deeds in and for Cumberland Ccunty, Pennsylvania, in Deed Beck 152, Page 33, granted and conveyed unto Jeffrey A. DeFosse and Jo E!1en De resse, husband and wife, Grantor(s) herein. UNDER AND SUBJECT, to use restrictions that there be n o burning cf trasi^ or the property, that no hogs may be kept at the premises, ar.d that no more than cr:e unlicensed vechicle may be maintained on the property, and to buildirg set back liras as shown in Plan Bcok 73, Page 72. UNDER AND 5U8JECT, nevertheless, to all restricticns, easements, covenants are rights of way of record, or visible upon inspecticr of premises. -~ _- r-- GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY v. Plaintiff, COURT OF COMMON PLEAS RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name CIVIL DIVISION NO.Ol-4843-CIVIL Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. KELLER, A/K/A RONALD L. 1073 GRAHAMS WOOD ROAD KELLER, SR. NEWVILLE, PA 17241 CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: RONALD L. KELLER, A/K/A RONALD L. 1073 GRAHAMS WOOD ROAD KELLER, SR. NEWVILLE, PA 17241 CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 3. Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) ^~- 0.. )` ~ 1 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1073 GRAHAMS WOOD ROAD NEWVII.LE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 22, 2001 ~/~' DATE FRANK FEDERNIAN, ESQUII2E Attorney for Plaintiff C7 0 (-~ CT. ""' y ~ nlr;i _.{ t , au = ° ~ _ +'~ ~~~ - - C ~ ~, c r.° r.; ;> =: - ~ , rn ~S RS GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. No.01-4843-CIVIL RONALD L. KELLER, A/K/A RONALD L. ICELLER, SR. CLAUDINE I{ELLER Defendant(s). October 22, 2001 TO: RONALD L. I{ELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 * *THIS FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY /NFORMAT/ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVlOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY 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 LIENAGAINST PROPERTY. Your house (real estate) at ,1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 95,002.30 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY 13E 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 chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call f215) 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 gLL THAT CERTAIN tract of land and improvements thereon, situate in Uprer _A-.~ ~Frankferd Township, Cumberland County, Pennsyfvar,ia, bounded and described as follows: BEGINNING,at an iron pin ir, the centerline cf the public road known as Grahams Woods Road (Township Road No. T-448), on the fine of land no~r~ or formerly cf Glenn Rickabaugh; thence along the latter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along the same, South 70 degrees of 220.99 feet to iron pin in the centerline of said public road; thence along the lacer the following seven courses and distances {1) North 20 degrees 42 minutes 31 seconds East, a distance of 53.05 feet; (2} North 34 degrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3) North 52 degrees 59 minutes 11 seconds East, a distance cf 69.72 feet; {4) North 58 degrees 11 minutes 53 seconds East, a distance of cc.4c feet; (5} North 58 degrees 51 minutes 57 seconds East, a distance of o4.80 feel; (8) Nor..`, 52 degrees 44 minutes 22 seconds East, a distance of 58.59 feet; ar,d (7~ Ncrt~ -9 degrees 38 minutes 36 seconds East; a distance of 57.64 feet to an iron pin in 'r.e centerline cf said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for ~teivin Chest:~ut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan 8cck 7~, Page72, and being designated thereon as dot No. 3. HAVING thereon erected a dwelling known and numbered as 1073 Grahams Woods=( Road;:~lewviUe,>P_.ennsyl,~,a~tia>t7241.( IT BEING the sar;,e premiseawhich Melvin P. Chestnut and Dottie ~1. Chestnut: husband and wife, by deed dated July 31, 1997 and recorded in the GF tc° ~~ the Recorder of Deeds in and for Cumberland County, Pennsylvania, ir, Deed Beck ~ ~?. Page 33, granted and conveyed ante Jeffrey A. DeFosse ar;d Jo Eisen De -csse, husband and avife, Grantor(s) herein. UNDER AND SUBJECT, to use restrictions that there be n o burning of trasi^, on :^~ property, that no hogs may be kept at the premises, and that no more than ore unlicensed vechicle may be maintained on the propert/, and to building set back lines as shown in Plan Bcok 73, Page i2. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, ccvenanis are rights of way of record, or visible upon inspection of premises. ~~:.~ _ . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 GMAC MORTGAGE CORPORATION Plaintiff, v. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. NO. O1-4843-CIVIL CLAUDINE KELLER 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: Q an FHA mortgage O non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDE12Iv1AN, ESQUIRE Attorney for Plaintiff O ~ t i;~, 4'k J° ~ _ C> __ 6-. ?. ~ aT \-} i i-: ~ x ~ ' C71 -< ~~~ AP. --r~re+v=ea ,x-=.,;.r e-x;s~n~a~,aarw:,c: ~e~~a~s+~%rmnz.z_¢re~Ns~pp~ -~, FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215)563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 350 Plaintiff, v. RONALD L. KELLER A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-4843-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(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 RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. is over 18 years of age and resides at , 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 . (c) that defendant CLAUDINE KELLER is over 18 years of age, and resides at , 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I 'An^ NU"V ~ \ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ c~ ~ j Cp ~,a% ~' r ;,,a =.t -_ _- ._~ f t:" ~:~ ~ .. r= ~ :J -i ...: "- /~~! x ... .^~.' .. .,_ Ps3~~ite~.•zaxsr +r.-~,~ ~~~n€wa+~.ne~e~rcrsrcrr~~,-~~sF;~~ss~z~ ..: ''~` i AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION ~ No.01-4843-CIVIL llEFENDANT(S) RONALD L. ICELLER, A/K/A}tf7NALD L. I{ELLER. SR. j ACCT. #306637467 CLAUDINE KELLER Type of Action SERVE RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. -Notice of Sheriffls Sale AT 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Sale Date: MARCH 6, 2002 SERVED Served alnd tnade known to ~DNe-) ~ /~~. I~~ I \C(~- , Defend~~appnt, on the _[l~(( day of d 0 ~ , 200 ~, at ~?~, o'clock ~m., at Jd7,3 CrR a.~aw~ S (~1s@ ~. I~ d / ~p tN J i ~ 1 `~ ,Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~ ~ u Description: Age ~ Height ~~ Weight ~ Race W ~ Sex ~ Other 9 ~BaS e 5 ~ `~' ~`r ~ta.I 1Z I, ~I,d-K. ~ Nce- h~ l~a-R ~, ca ompetent 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 abov NOTARIAL SEAL Swotn to and subscribed ANNE G. BORYAN, Notary Public before me this r//n`"" day ~ ~m~~~ ~~~ OWI I of /UO/~~°^~~ X00y ~~. ,,,,~_,~,_ ~ , Notary: ~ rt ~-~ ~-- p- 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ,way. .,. ~ i:7 +:J C . ~. ~~ ~ • J r ~ - :~ ~ -- -:'k , ~~t to ~~ :: n ~ l' ~ w ~~fFl , l ~ . ` .. -"{ `~ 3 J7 _~ .~' -<. ~~ r x 9A~1»°~/~,~r*3^rw~~'v.+aswrrxui~w±AmM+rne'rrp ue, ~ «~~s~w ,R~~: ..~,a,~.~,.*r`q~~d+lA~'A~!+F~A4`+~&~4s632M~f.E~. - ., it AFFIDAVIT OF SERVICE ' PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No. O1-4843-CIVIL DEFENDANT(S) RONALD L. KELLER, A/I{/A RONALD L. KELLER, SR. ACCT. #306637467 CLAUD[NE KELLER Type of Action SERVE CLAI1DINE KELLER AT -Notice of Sheriff s Sale 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Sale Date: MARCH 6, 2002 SERVED Serv, e/da11nd made known to ~ la V \ t ~ ~ l~~I `~ ~- , Defendanpnt, on the ~ day of ~ v ° , 200 1 at Tt't ~, o'clock~.m., at~b 7~ C7fZa~aw~ s lJ.loo ~. y~~. , (~e.W J ~ ~~~ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. II 1 ~_Adult family member with whom Defendant(s) reside(s). Relationship is l~V 4~oa ~N e~ ~p N a \~ ~^ • ~~~1 `e ~' Adult in charge of Defendant(s)'s residence who refused to give name or relationsMp. 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: r~ ~IKS t Y ~In~ w~ Y~ Other gasses ~ ~ tt.ey (nai iM1. Description: Age s~ Height ~ Weight Race _ Sex I, C' d tLeN ~+' ~~ L'a~(Z.~y ,,~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Nonce 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. NOTARIALSEAL 1NNE G. SORYAN, Notary Public Sworn to and subscribed i.itambersbUrg BDi®, FranWin Courtty before me this ~ day ~ .~ My Commission Expires Dee.15, 20ai of ad£~, zoos Notary:~n K.. ~ BY On the day of Moved Unknown Other: Sworn to and subscribed before me this day of ,200 _. Notary NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: No Answer Vacant By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 191 D3-1814 (215)563-7000 c> c, .-- -r:. ~~~_ ' - , : jt_ sV En _. ~~ ~" , __. C .',°;i i~r.. ,~ .. ~~ `"~ 4, ~? -< .G _.. F Bbl GM 500 HOR vs. IN THE COURT OF COMMON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA/ AC MORTGAGE CORPORATION ENTERPRISE ROAD, SUITE 350 SHAM, PA 19044 No.: 01-4843-CIVIL RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 PRAECIPE TO VACATE JUDGMENT' TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on October 25, 2001vacated upon payment of your costs only. f; F c Federm n, ;squire Attorney fbr laintiff January 24, 2002 _ _ . ~,. R, (J ~~ {9. C 0 „- ' ~_ `, ' , e= ~ ~, Q~ GMAC Mortgage Corporation VS Ronald L. Keller, a/k/a Ronald L. Keller, Sr. and Claudine Keller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4843 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 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Shaze of Bills 24.20 Mileage 13.00 Levy 15.00 Advertising 15.00 Certified Mail Poundage 5.70 Postpone Sale Law Journal 141.40 Patriot News $ 290.80 paid by attorney Sworn and subscribed to before me S~~" This 74~ day of ~yt.~,~~~,~ °~~ R. Thomas Kline, Sheriff 2001, A.D.~ ~~ P f~ h,___Da~,, ; p~~ r - n „~"r BY~~luy~ r~ Prothonotary Real Estate Deputy ~,5v Ch. 358~a ~. is z ~'y~ GMAC MORTGAGE CORPORATION Plaintiff, v. RONALD L. ICELLER, A/I{/A RONALD L. I{ELLER, SR. CLAUDINE KELLER Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-4843-CIVIL C'> O r~ C_ S [~ m;,-; -„ ._d - ~~ ~ ,~ , _ ~ cn u, - r ~, `~ '~~ ~' -! - ' 3 yC y- rt :`~~ ~., .o 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 ,1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. KELLER, A/K/A RONALD L. 1073 GRAHAMS WOOD ROAD I{ELLER, SR. NEWVILLE, PA 17241 CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: RONALD L. KELLER, A/I{/A RONALD L. 1073 GRAHAMS WOOD ROAD KELLER, SR. NEWVILLE, PA 17241 CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 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) CUMBERLAND COUNTY None. 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) 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 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 22, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v, No.01-4843-CIVIL RONALD L. I{ELLER, A/K/A RONALD L. I{ELLER, SR. CLAUDINE KELLER Defendant(s). October 22, 2001 TO: RONALD L. I{ELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 * *THIS FIRM lS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY /NFORMATIO;N OBTAINED WILL BE USED FOR THAT PURPOSE. !F YOU HAVE PREV/OUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND TH/S 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 L/EN AGAINST PROPERTY. Your house (real estate) at ,1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of 95,002.30 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 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 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. You may need an attomey 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.) l . 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 L15) 563-7000. 2. You maybe 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze 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 s~pLL,TNAT CERTAIN tract of land and improvements ;hereon, situate in Upper, / Frankferd Township, Cumberland County, Pennsylvania, bounded and describe as follows: ' BEGINNiNG,at an iron pin in the centerline cf the public road known as Grahams >,vocds Road (Township Road No. T-448}, an the fine of land no~~~ or formerly cf Glenn Rickabaugh; thence along the fatter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along the same, South 70 degrees of 220.99 feet to iron pin in the centerline of said public road; thence along the latter the following seven courses and distances {1}North 20 degrees 42 minutes 31 secants Easi, a distance of 53.05 feet; (2} North 34 degrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3) North 52 degrees 59 minute's 11 seconds East, a distance cf 69.72 feet; (4) North 58 degrees 1 ~ minutes 53 seconds East, a distance of c6.4c feet; (5} North 58 degrees 51 minutes 57 seconds East, a distarce of 04.80 feet; (c) Ncr't; 52 degrees 44 minutes 22 seconds East, a distance of 58.59 feet; and (7j North Y9 degrees 38 minutes 36 seconds East, a distance of 67.64 feet to an iron pir in rr,e centerline of said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for ~ieivin Chestnut, By Eric L. Ditfenbaugh R.S. dated September 4, 1996, recorded in Plan 9cck 7"s, Page72, and being designated thereon as Lot No. 3. HAVING thereon erected a d~,velling known and numbered as 1073 Grahams Woods _( Road~~Vewvitle, P..enns_jil,~a~i~~Z2~1_( IT BEING the sar;.e premises. which Melvin i?. Chestnut and Dottie (~1. Chestr,~t: husband and wife, by deed dated July 31, 1997 and recorded in the Gfrce of ti-~e Recorder of Deeds ir, and for Cumber(ar,d County, Pennsylvania, ir, Deed Bcck ~ 52, Page 33, granted and conveyed unto Jeffrey A. DeFcsse ar;d Jo Ellen De `~csse. husband and wife, Grantor(s) herein. UNQER AND SUBJECT, to use restrictions that there be n o burning cf trash ~n :^~ property, that no hogs may be kept at the premises, and that no more than or:e unlicensed vechicle may be maintained on the propert/, and to building set bac>< lines as shown in Plan Bcok 73, Page 72. UNDER AND Sl1HJECT, nevertheless, to ail restricticrs, easements, covenants are rights of way of record, or visible upcr inspection of premises. ~~ , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4843 CIVIL ~ Tenn COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHEFIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation from Ronald L. Keller, A/K/A Ronald L Keller, Sr., Claudine Keller, 1073 Grahams Wood Road, Newville, PA 17241 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to * Please 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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the accoum of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of thedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due 95,002.30 L.L. .50fi Interest tea" 10-23-O1 to 3=6-02 ostDue Prothy $1.00 Atty's Comm Other Costs Any Paid $128.35 Plaintiff Paid Date: October 25, 2001 REQUESTING PARTY: Curtis R. Protho tary, Civil Division by: , De ty Name Frank Federntan, Esquire One Penn Center at Suburban Station Address: t F t ~ z r F u a s t ,-.a -Suite 1400 .Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 12248 ' REAL ESTATE ~~~;~~. ~10. ~ On November O1, 2001, the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, known and numbered as 1073 Crrahams Wood Road, Newville, and more Bally described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November O1, 2001 By. ~ ~,~ Real Est to Deputy ~ ~~ G(~2~ ~~ ~~ `~ ''~~~ 1~~.! ~, $r~ks?Mt+"4 .svs:,-: .mot^ps, m:uv +'N.,°nz} - i. e~++Ay!•i".,9E c. 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. Margenthal, 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as tc +ime, place and character of publication are true. .. .. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of _ FEBRUARY. 2002_ L5dUS7 ~yq. q~~~~]~qi B SS~i^£, ~3f'yY~ 4~Y8YfPV v°'~P n i ~7I83 J, REAL ESTATE SALE NO. 19 Writ No. 2001-4843 Civil GMAC Mortgage Corporation vs. Ronald L. Keller, a/k/a Ronald L. Keller. Sr. and Claudine Keller Atty.: Frank Federman ALL THAT CERTAIN tract of land and ixnpmvements thereon. situate in Upper Frankford Township, Cumberland County. Pennsylvania. bounded and described as follows: BEGINNING at anuon pin in the centerline of the public road known as Grahams Woods Road (Township Road No. T-448). on the ]ine of land now or formerly of Glenn Ricka- baugh: thence along the latter. South 04 degrees 46 minutes 20 seconds East adistance-of 338.00 feet to an existing stone: thence along the same. South 70 degrees of 220.99 feet to iron pin in the center]ine of said public road; thence along the latter the following seven courses - and distances (1) North 20 degrees 42 minutes 31 seconds East, a dis- tance of 53.05 feet; (2) North 34 degrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3) North 52 degrees 59 minutes 11 seconds East, a distance of 69.72 feet: (4) North 58 degrees 11 min- utes 53 seconds East, a distance or 66.46 feet; (5) North 58 degrees 51 minutes 57 seconds East, a dis- tance of 64.80 feet; (6) North 52 degrees 44 minutes 22 seconds East. a distance of 58.59 feet: and (7) North 49 degrees 38 minutes 36 seconds East, a distance of 67.64 feet to an iron pin in the centerline of said public road, the point and place of BEGINNING. CONTAINING 1,8338 acres ac- cording to a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh RS. dated September 4, 1996, recorded in Plan Book 73. i. Page 72. and being designated - thereon as Lot N 3 .~ HAVING thereon erected a dwell- ing known and numbered as 1073 Grahams Woods Road Newville. Pennsylvania 17241. IT BEING the same premises. which Melvin P. Chestnut and Dottie M. Chestnut, husband and wife. by deed dated July 31, 1997 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County. Permsylvania. in Deed Book 162. Page 33, granted and conveyed unto Jeffrey A. DeFosse and Jo El- len De Fosse, husband and wife, Grantorls) herein. UNDER AND SUBJECT, to use restricticns that there be no burn- ing of trash on the property, that no hogs may be kept at the prem- ises, and that no more than one unlicensed vechicle may be main- tained on the property. and to build- ing set back lines as shown in Plan Book 73, Page 72. UNDER AND SUBJECT, never- theless, to all restrictions, ease- ments. covenants are rights of way of record, or visible upon inspec- tion of premises.