Loading...
HomeMy WebLinkAbout01-05374~~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (Z) s~a_~nnn GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 v. Plaintiff AUDREY A. SWEENEY 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Defendant(s) TERM NO. d I -s.~7y l..~tc~~(, l~i~.r-l CUMBERLAND COUNTY **THIS FIItM 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 REAFFHtMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Nofice 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 aze 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Loan #:306028550 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THH2TY (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 EXPHtATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: AUDREY A. SWEENEY 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/12/97 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. 1422, Page 182. Said Mortgage was re-recorded on 5/20/98 in Mortgage Book No. 1454, Page 72. By Assignment of Mortgage recorded 7/21/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 583, Page 262. 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 3/1/01 and each month thereafrer are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $87,255.03 Interest 3,946.89 2/1/01 through 9/1/01 (Per Diem $18.53) Attorney's Fees 4,000.00 Cumulative Late Charges 154.56 12/12/97 to 9/1/01 Cost of Suit and Title Search Z$Q_QO Subtotal $96,106.48 Escrow Credit 0.00 Deficit i,35n ~n Subtotal $], t 54 70 TOTAL $97,461.18 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgaged premises is vacant and ahand~ned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,461.18, together with interest from 9/1/01 at the rate of $18.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~~ /c/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff _.. ...._ ...~...~.., _. ~:.._,.. ... .... I _ k.-: AlL THOSE CERTAIN tracts of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows: TRACT N0. 1 BEGINNING at a point in the center line of the Trindle Road at corner of lands of J. M. Buffington; thence along the center line of said 7rindIe Road, South 72 degrees 45 minutes West, one hundred sixty-one and six-tenths (161.6} feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fifty (50) foot wide street, North t6 degrees 15 minutes West, two hundred (200}.feet to a stake; thence along the line of other lands of Forrest S, Brenneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three tenths (182.3) feet to a stake in the line of lands of J. M. Buffington; thence along said line of lands of J. M. Buffington, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of BEGINNING. BEING the same premises which Forrest 5. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded December 1, 1959 in the Office of the Recorder of Oeeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Wiliic.ms and Sarah Ruth Williams, his wife. TRACT N0. 2 BEGINNING at a point marked by an iron pin in the Northwes;e:r~ corner of other land of Percy S. Williams and Sarah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams r"rom the Lot herein described, thence extending along the line ~~~ other land of the Forrest S. Brenneman Estate, of which this is a part, Nor~.h 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of land of Coit Plumbing Company, Inc.; thence along the line of said land of Co it Plumbing Company, Inc., South 32 degrees 34 minutes 20 sec:onr.is East, 132.21 feet to an iron pin; thence along the line of land of the same: S~:~uth 13 degrees 15 minutes East, 57.06 feet to an iron pin at the Northeastei'r ~:orner of other land of Percy 5. Williams and Sarah Ruth Williams; thence aloncl t'ie line of said other land of Percy 5. Williams and Sarah Ruth Williams, South '~I' degrees 45 minutes West, 182.30 feet to an trot pin in the Northwestern corrner of said ether land cf Percy S. Williams and Sarah Ruth Williams, at the point anti place of BEGINNING. BEING Lot No. 2 on the final subdivision plan for Forrest; ~. Brenneman, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. BEING the same premises which The Commonwealth National Bc,n<, by Deed dated September 15, 1981 and recorded October 22, 1986 in the ~;umherland County Recorder of Deeds Office in Deed Book "P", Volume 29, Page 89, granted and conveyed unto Percy S-Williams and Sarah Ruth Williams. The said Sarah Ruth Williams died January 19, 1991 at which time title in fee simple vested by survivorship in Percy S. Williams, the Grantor herein. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. PRElIISES: 1146 WEST TRINDLE ROAD 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 are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: "1 ~ ~ ~ ~V a o ~' ~ R c~ - - - c -~~. ~~ v t~~~ r' ~, -~, v ~ ~, ~, ~ ~~<< ~ y ~ .~ ~n ~J ` ~ C ~ , ., mw.a.ex~aw~' CASE NO: 2001-05374 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS SWEENEY AUDREY A RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWEENEY AUDREY A DEFENDANT the at 2050:00 HOURS, on the 18th day of September, 2001 at 111 SOUTH CHESTNUT ST MECHANICSBURG, PA 17055 by handing to AUDREY SWEENEY 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 Service Affidavit Surcharge So Answers: 18.00 ~~~~ 6.50 .00 10.00 R. Thomas Kline nn JY .:JV 09/19/2001 FEDERMAN Sworn and Subscribed to before By: methis 1$~ day of r/.~~: .2or~J A.D. roth~ ota' -, W.,,,~,. _ _ ~ GMAC MORTGAGE CORPORATION Plaintiff, v. AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-5374 CIVIL TERM 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 ,1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name AUDREY A.SWEENEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) :~:. ~,... ~.., None. 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) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, STE. 155 MECI=IANICSBURG, PA 17055 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 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 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 unsworn falsification to authorities. October 29, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,~ ~ 'V ~j v I ~ i ` ' C 4 i - -- c~ ~ --~- .__ r,-, :~ _. v C: ~~ - r, ~ ~ ~ vi , -~ v r FEDERMAN and PHELAN By: FRANK FEAERMAN 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 Plaintifff, v. AUDREY A. SWEENEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioncd matter, and that the premises aze not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied O 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 FEDERMAN, ESQUIRE Attorney for Plaintiff ~~ ~, ,w~... *~.. ~,.. ~~,: ~w~~ \ / y C --=- ~ ~ L T- ~ ' ~!` _ (A _ _. i r.. . ._~ 1~ -- - S'C -i, ~ ~' .. ~~ .-. .~- ;_ -< Ev `„~ = r, - ~ _._. - GMAC MORTGAGE CORPORATION -klaintiff, v. CUMBERLAND' COUNTY No. 01-5374 CIVIL TERM AUDREY A. SWEENEY Defendant(s). October 25, 2001 TO: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 * *THIS FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION -~ OBTA/NED W/LL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A D/SCHARGE IN ~. BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS !S NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * Your house (real estate) at ,1146 WEST TRINDLE ROAD, MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 6.2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of 98.461.18 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 chazges, -; costs and reasonable attorney's fees due. To find out how much you must pay, you may »y call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 STILLBE:ABLE TO:BA.VE YOUR-PROP"ERO'Y A,ND YOU HAVE•OTHER RI'(3HTSEVEN-IF'I*TFIE"S'H!E~IFF'SSAI;E;DOES:Tt1KE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 ° «w:. ,;~... „w »: ~,. . ~. ~y;.. ~.:. ».. ALL TFiOS13 CERTAI:^I tracts ofland situate in=tlie Township of Silver Spring, County .of Cumberland and State 6f °Pcwisglvaaia; <bounded :arid desr3ribed as :follows: TRACT:NO. 1 BEGINNING aca point irr the°center-line of the Ttindle Road at comer of lands ofl.M. Buffington; thence along-the center line of..said Trindle Road, South 72 degrees 45 minutes West, one hundred sixty-one and six-tenths (161.6) feet to a:point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern Une of said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred (200) feet to a stake; thence along the line of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 45 minutes Fast, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of J. M. Buffington; thence along said line of lands of J. M. Buffington, South 13 degrees 1S minutes East, two hundred and twenty-seven one-hundredths {200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November S, 1959 and recorded December 1, 1959 in the Office of the Recorder of Deeds is and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO, 2 BEGINNING at a point marked by as iron pin in the Northwestern corner of other land of Percy S. Williams and Sarah Ruth Williams, the same being also is the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the Lot herein desrn'bed, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, loc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the line of land of the same, South 13 degrees 15 minutes East, 57.06 feet to as iron pin at the Northeastern corner of other Land of Pezcy S. Williams and Sarah Ruth Williams; thence along the tine of said other land of Percy S. Williams and Sarah Ruth WiUiatns, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern corner of said other land of Percy S. Williams and Sarah Ruth Williams, at the paint and place of beginning. BEING Lot No. 2 en the feral subdivision plan far Forrest S. Brenneman, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map #09-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12/97, recorded 12/17/97, in Record Book 169, Page 493. ~~~~~~~ ~ _.o,. ~ c =_ ~: t Tj;' I~:' ~ ; ~ Z_ ~_ _ - 1 - itJ _•`. _ °_ s • ~l r. 0.. '' ~ '-' t ~C) _~, -'~ 5V -< ~S 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 19103-1814 (2151 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff, v. AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION «; ,„ • ~,i., NO. 01-5374 CIVIL TERM µ.., PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AUDREY A. SWEENEY and , 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 9/1/01 to 10/25/01 TOTAL $97,461.18 $1,000.62 $98,461.18 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 237.1, copy attached. "~ FRANK F DERMAN, ESQUIltE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ,~ DATE: ;, ~x r ~ 2pa/ ~ J~-• PRO PROTHY «~., »,.. »;., ,~ . _ _. a ri.,u,,. (Rule of Civil Procedure No. 236) -Revised ~,'. ~,~.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA °~°• ~,,,. CIVIL ACTION -LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintifff, CIVIL DIVISION v. NO. 01-5374 CIVIL TERM AUDREY A. SWEENEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~~~nr~ . 1 2001 . DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND ~;;, SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A ~« LIEN AGAINST PROPERTY.** ; FEDERMAN AND PHELAN, L.L.P. `Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. AUDREY A. SWEENEY Defendant(s) TO: AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG,PA 17055 DATE OF NOTICE: OCTOBER 11,2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5374 CIVIL ~ A ~ ,ti, .~ ~ r ., 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 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 (2151563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. AUDREY A. SWEENEY Defendant(s). CIVIL DIVISION • „~; ' NO.Ol-5374 CIVIL TERM „~.. »~. ~, ' VERIFICATION OFNON-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 AUDREY A. SWEENEY is over 18 years of age and resides at , 111 SQUTH CHESNUT STREET, MECHANICSBURG, PA 17055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,~~ ~ ~ ~ ~ `~ ti O C ~ c ti~ ~ ~~~ ~~ ~; ,_ ~; ~c;> ~ ;: ~. ~~ ~ - r G .. Q -G f ~? ~G ~ i ~, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. AIJDREY A. SWEENEY No. 01-5374 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/25/01 to 3/6/02 (per diem -16.19) TOTAL $98,461.18 $2,136.49 and Costs $100,597.67 ~~ FRANK FEDERMAN, ESQUII2E 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. ~~, .«~,.. ~; ~.,,. ~..... ~:~;. , „;,.; , ~; ~~.,. .~.;, .. .. . x io :xme. iu_Juix3K'P:C"~~ ~~+~ ~k5~ffit~h~bY5S4`£;3^@Ydb~£i`kSk+taKSx~%~T.wsswktY ._ • i 0 H w 0 W a z 0 w 0 a 0 U W F z H z a z a H z 0 U z U z 0 F O 0 c~ w a d' C7 z w 3 A ~, v 0 w ao ~, 0 ~ti ~: w w .~ a 0 w 0 '~ d ti a 3 ti. d~L T~iOSE CERTAIN tracts bf land°situate in the Township of Silver Spring, County of Cumberland attd State of Penusylvania, bounded and described as.follows: TRACT NO. 1 BEGINNING at a point in the centerline of-the Trindle Road at corner of lands of J.M. Buffington; thence along the ce~ttet line of said Trindle Road, South 72 degrees 45 minutes West, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line, being also is the Eastern line of a proposed filly (50) .foot wide street thence along the Eastern line of said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred (200) feet to a stake; thence along the line of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three-tenths {182.3) feet to a stake in the line of lands of 7. M. Buffington; thence along said line of lands of J. M. Buffmgton, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the glace of beginning. BEING the same premises which Forrest S. Brerneman and Helen Brenneman, his wife, by Aeed dated November 5, 1959 and recorded December 1, 1959 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwestern corner of other land of Percy S. Williams and Sarah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the Lot herein described, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, ] 48.67 feet to an iron pin in the line of Colt Plumbing Company, Tnc, ; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the line of land of the same, South 1.3 degrees 15 minutes East, 57.06 feet to an iron pin at the Northeastern corner of other land of Percy S. Williams and Sarah Ruth Williams; thence along the line of said other land of Percy S. Williams and Sarah Ruth Williams, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern corner of said other land of Percy S. Williams and Sarah Ruth. Williams,. at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan for Forrest S. Brenneman, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map #09-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12!97, recorded 12/17/97, in Record Book 169, Page 493. ~ ~ i ~ ~ c:~ ~, ~ ~ ~ ~ fit, ,.p ~ s ~ ~ ~T "'-_ - ~ ~~~~ C ~ ,~ ~ ~, ~1 ~ ~ r -~ ' ~ -` ~~ ~~~~ ~~ ~P~ ' -AFFIDAVIT OF SERVICE PLAINTIFF ;GMAC "MORTGAGE CORPORATION DEFENDANT(S) AUDREY A. SWEENEY SERVE AUDREY A: SWEENEY AT 111 SOUTHCHESNUTSTREET MECHANICSBURG, YA 17055 CUMBERLAND COUNTY No. 01-5374 CIVIL TERM ACCT= Type'of Action -Notice of Sheriff s Sale Sale Date: MARCH 6, 2002 }~ I SERVED ]~ ~ "„; Served and made known to l~ 0 C` ~ e J ~ . Sw ~~ N ~. { ,Defendant, on the ~ day of / "" V , 200 1, .iu.- at/('0~2 ,o'clock,~.m., at ~~ ~ s. ~~e s<uu~ ~ ~ ~~ Ck~. N ~ CS !o U-tK. ~i ,Commonwealth ~--- / .. of Pennsylvania, in the manner described below: 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: /~ ~ ~ i~ Description: Age (9 ~ Height,L~ Weight~i~ Race~Sex~ Other ~~a'~~S y ~tCer ~^-'Yt I, l ~D R e N c C. F.. ~2 rt ~y, ~~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the No 'ce 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. Sworn to and subscribed AflNE ~' 80H before me this ~ day ChamDersburp f of ede~,200ef_ MyC~m~Slatt Notary: ~ftaa~Jb .-~d,_onO,ai,.s~ On the Moved Other: day of By: NOT SERVED 200_, at o'clock _.m, Defendant NOT FOUND because: Unlmown _ No Answer Vacant Sworn to and subscnbed 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 ~:. ~;,. ~.: ...~., c-7 n o c -- -, ~ ,L J G:y :~ -- ~.._ -G ~~' r __ `3 rCJ .~„ ~i-?~ _~ ~~`? °~-' si7 U `Y ~' lfJ G ~ `l ~7 ~ ~ Cw -G '(/n~j i SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW GMAC MORTGAGE CORPORATION No.: 01-5374 CIVIL TERM vs. AUDREY A. S WEENEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. RC.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1146 WEST TRINDLE ROAD, MECHANICSBURG. PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) ancUor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. F~ FEDE AN, ES Attorney for Plaintiff February 25, 2002 C~MAC MORTGAGE CORPORATION , Plaintifff, , v. AUDREY A. SWEENEY Defendant(s). CUMBI;RLANI) COUNTY COURT OF COMMON PLEAS CIVIL bIVISION NO.Ol-5374 CIVIL TERM AFFIDAVTT 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 ,1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name AUDREY A. SWEENEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 3. Name and last known 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) _ ... .. .r ' 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) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, STE. 155 MECHANICSBURG, PA 17055 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 1146, WEST TRINDLE ROAD MECHANICSBURG, PA 17055 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 unsworn falsification to authorities. October 29.2001 . DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff J b ° t" ~ Cn .P W N O ~ CA J n In p r„~ N ',3 ~ 3 rt P as m ?^ W o r/1 S D ~ d o CS, n N z " K o 3 Y p~ ~~ n ~ n d d = ~ a O O ~ A a ~ N ~ Y ~ O ~ '` ~ z ~ n A C ] a ~ ~ a ~ A ~-. C ~-. r A a x y ~ ~ z a o ~ ro ~ N ~' p O T ~ ~ _~ g ~ ~ ~ ~ C a o ' C " 1 1 y a v l~" '-~ ~ 0 0 ~ ~ ~ / ~ ' '~~ N ~ 9 ~ ~ m ~ n O ro n ~ ~ ~ ~ ~ ~ `C " ' ~ H ~o==~ ~ ` n o w z o~ ~= _AaNa x z ~ ;_.~~.a z ~ ~ x ~ 3~+ a e V] ~ ~ Y ,~ ^ ocoo~ ~ m O w A O 6 `2 g ~ -' a n ~ 9 ~ '~ oce c~. a O O »~g n ~ in N ;u to o >> :°NRM_ O ~ a j.n ~ H AoJ o ~, a~a~ a ~ ~ y 3 K ~' ~'3~ a V] _ ~ rr a~mm ~jt P C0 to ~. ~. a = - ~ 'ate jr ~b s . ~ a ~ ~ '~ ~ _ ~ ~ Eq ~ u O ~ ~ O W o n' o Q~ a. m ~ c. =9g~ ~ ~ O =a „~~'~ ~d~ ~= ~ 3 t. _. ^ a n -.~ '~ n o ~am ~ Q .~ _ ~ t9 a y ~ ~ a rn ~ `" ro ~ ~~~ w ?f ~ ro ~ a~ ~o ~ °: acn.ti ~~cx h7 ~°c cr A < r~ ~~ c a ~ ~ "~~' O 0 __ _ _ __ ~;;:. DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) AUDREY A. SWEENEY ~;u„.,. PROPERTY: 1146 WEST TRINDLE ROAD ~~ MECHANICSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, PA . Our records indicate that you may hold a mortgage or judgment on the property, which maybe extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH .r- SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GMAC MORTGAGE CORPORATION (. rry No.:~^0~.1-5374C((!!}}ttIVIL TERM AUDREY A. SWEENEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1146 WEST TRINDLE ROAD. MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~ ~ t, v ., ~~ ~ , ~ ' ~~, ;.~. ~ . ~~.. ifs ~ ~ , ~- ~~~ ~.., ..°9;.~~.. ~ FRA FEDE AN, ES Attorney for Plaintiff February 25, 2002 ~., C:" - r. 'TI .~~ °~q v<~ :~ - _ Z ~ ~, , C '' i ~-r ?:7 .v ~ t.7 /~/~~ CJ~ _ ~ __ ~~<, Ilc+, ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GMAC MORTGAGE CORPORATION ) CIVIL ACTION vs. AUDREY A. SWEENEY ) CIVIL DIVISION NO. 01-5374 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 10/31/01 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 10/31/01 by certified mail return receipt requested see Exhibit "B" attached hereto. ~~~ DATE: April 25, 2002 F ANK FED RMAN, ESQUIRE Attorney for Plaintiff °o :: o ~ ~ ~ ti y ~a .a M ti W 1 ~ TO ~ ~ ~ ~ ~ ~ '~i Py U u, `° ~ ,~ a ~ ,o ~ ~~~ ~ a w a Q w ^,~ L O h b ~ L d za`o ~" 4~ LgoC 9 'ad \ ,a .~,Q®, .. ?~~ %~ y wac i~o s n ~ ~ ~ ;gV1S~dS h ~ v ; ~0~ ( ~ . 4 ~ =~ O ~4 M ti Q a v 3' ,~, ~ s 2 1 aD !g` V i"i W '( $JJ ~ ~ N vl ~ W ~ ~ 0 a o ~, c7 I °z ~ ~ ~ z w a W ~ U z ~ i O 3 w ~ ¢ x w ~ M ~ w ~' 1 H W H ~ ~ v'^i W b ~ ~i a O '' H V~ O U A ~ a ~ Q w a F .~-~ 9 a ~ ~ U ~ ~ o ~ ~~ /y S ~ Q~ ~ F'~ d~ ~ ~ W ~ V o V ~ O Q U a a j '' F W ~ s z ~ ~! ~ ! ~ o ~, O z w h ~ ~ i z ~ ' Q U r U' - r- ~,, ~ '' ~Q I -j E ''z' w ~ °~ o ' I ~ ~ i i i I m f V ~ W I~ r ~ N c ~ , ~ ~ ~ ~ ~ I ~~ i , I',a~ M~ i i~ ~ - i ~~ G~ N M~ 7 h b ~ r h W T! O ~~ .~ ' M~ et ~ ~/1 1 ~ ~~ ~ v'o m ~;,~ ng c~ ~o~~ 0 ~gH~ C ~ q c =~e~ E ~, ~ d x _ ~'~ ~.~ ~.~ 9 G W L C ~ d o° e ~ ~~~.~ 6 ~ 0 _5r5 y9. a o C C u .a ~~~e ~ E .~ =w~~' .. G W 9 03s 'O `i ti N O ~ % ~ y ~ .O D e~xA~ e z a~~ ~~$.~~ ~y~j~4 Oy~q "C_ O C O 9 Q e a° ~ E ~ "h'n~~n ~_=~s~a u, „' ~°P 0 a ~~5 ycv ~a S t~ a. O o ; 6 S ~ z° F C N O ~ s v Z . I ~,: a 7106 4575 1294 4117 U291 TO: AUllREY A.SWEENEY 11 I SOUTH CHESNL?T STREET MECHANICSBURG, PA 17055 SENDER: LEO REFERENCE: SALES (306028550) RETURN RECEIPT SERVICE Total Pastege R Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use far International Mail `~`~o ~, ,- ..w, __ ~~.. t a GMAC Mortgage Corporation VS Audrey A. Sweeney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5374 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. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 20.00 15.00 .50 1.00 24.20 11.70 15.00 15.00 1.63 21.32 20.00 507.20 404.70 $1087.25 paid by attorney 6/06/02 Sworn and subscribed to before me S~ ss ei~ ~,..~F This '1 `~ day of ~~ R. Tho rmas Kline(,' ~S~he~r~i[ff~ 2002, A.D. ' ~ BY ~J ~Jy~u•~"1 Prothonotary Real Estate Deputy l . J"U ~, ia~oY3' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing ~r°'* +~~> ~ ~a' :'1a:° ~publicationaretrue. ./'~~, Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 I.~IS E„ ER, May PubOk Carlisle Paws My Cornanissbn PASrCh 5, statemeClts as to tiny, place and c~*actei of . > asTn't'$ sates lvo. as _ Writ No. 2001-5374 Civil - ~ __, _ GMAC Mortgage Corporation ; - - - _ _ _ ~ -~ vs. Audrey A. Sweeney Atty.: Frank Federman ALL THOSE CERTAIN tracts of land situate in the Township of Sil- ver Spring. County of Cumberland and State of Pennsylvania, bounded and described as follows: 1RftC'1' NO. 1 BEGINNING at a point in the cen- ter Itne of the Trlndle Road at cor- ner of lands of J.M. Buffington; thence along the center line of said Trindle Road, South 72 degrees 45 minutes West. one hundred sixty- one and six-tenths (161.6) feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street: thence along the Eastern line of said pro- posed fifty (50) foot wide street, North L6 degrees 16 minutes West. two hundred (200) feet to a stake: thence along the line of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty- two and three-tenths (182.3) feet to a stake in the line of lands of J. M. Buffington; thence along sold line of lands of J. M. Buffington. South 13 degrees 15 minutes East. two htm- dred and twenty-seven one-hun- dredtha (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of begimvng. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, tus wife, by Deed dated November 5, 1959 and recorded December 1. 1959 in the Office of the Recorder of Deeds m and for Cumberland County. Pennsylvania. ~ in Deed Book "N". Volume 19. Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth _ Wlllsams, his wife. ~aingIe by Deed from Percy 3. Wil- liama, widower dated 12/12/97, recorded 12/17/97. in Record Book 169, Page 493. TRACE NO. 2 BEGINNING at a point mazked by an stun pin m the Northwestern corner of other land of Percy S. Williams and Sarah Ruth Williams, the same being also in the line di- viding said other land of Percy S. - Williams and Sarah Ruth Williams from the Lot herein described, thence extending along the Line of other land of the Forrest 5. Brenne- man Estate, of which this is a part. _ - North 16 degrees 15 minutes West. 200,00 feet to an iron pin: thence along the line of land of the same, North 78 degrees 45 minutes East. 148.67 feet to an iron pin in the line of Colt Pltrmbtng Company, Inc.; thence along the line of said , land of Coit Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East. 132.21 feet to an iron pin: thence along the Iine of Iand of the same. South 13 degrees 15 minutes East, 57.06 feet to an iron pin ai the Northeastern corner of other land of Percy S. Williams and Sazah Ruth Williams: thence along the line of said other land of Percy S. Williams and Sarah Ruth Williams. South 72 degrees 45 min- utes Weat, 182.30 feet to an iron pin in the Northwestern corner of said other land of Percy S. Williams and Sarah Ruch Williams, at the paint and place of beginning. BEING Lot No. 2 on the final aub- divlsion plan for Forrest 5. Brenne- man, which said Ptan is recorded in the Cumberland County Record- ers Otfice 1n Plan Book No. 40, at page 98. Map #09-0539-0I2. TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael MOrrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The unday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 9 e ~ ~ _ _ PUBLICATION COPY SALE #26 22nd day of Feblue>•Y 2002 A.D. Notarial Seal i Terry L. Ruse@II, Notary Public Hamsburg, Dauphin County " bty Gommissiori Expires June a, 200f N TARY PUBLIC Member, Pennsylvania association or Notarie(~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Gosts To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 403.20 Probating same Notary Fee(s) $ 1.50 Total $ 404.70 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... G(~"pC Mort9a9e Cory. x rig N ~ _ ~ of land situate in CER'fg1Rd tractt Comfy of p of~SBver 8pdng' bouvded and Stan of Pennsylvania, d as follows: i. S: BEGINNING at a 4oirt in the tf the Tdndle Road at comet of lands ,Rtngton, thence along the center Bne d¢dle Road, South~7 qae send six 'est, anc hu¢dredt ins d center line. t,~ teet to a t" sed fiR, in the Fasterv Ime oho Pgr ~ ten wide street; duce Idegee~,s 5 minutes W two 6und ee :t to i stake; thence along the line ' ids of Foment S. Brenneman, of whi RaR: North 72 degree? 45 min„- f182 hty-two nun ~~-- -- wthe line of lands of I. s South gl3azdehgrees f Smminuus mdred and- twemY ,seven o¢e. . D.277 feet to a point m Urel~ of Idle Road aforesaid' at We p same Pmmrses ~ w~ hFs°~t yY dd Ilelen Btoa X59 and rec°tded November 5, -{959 m We OEBcz of aWndRCau~rr t-n -and for Cumber) Volume i9, s, in Decd Bock "N:u~ Percy S. ~~R WWdli ,his wife. ):2: BEG[NNIN~at a point marY~ tof1°~, $eWilliWaru a°d Sarah Ruth die sainebein6 also in the lineaod Sdrarah -land oY Peuy S. Wdliams ~• hams from the >A,t h~ lmd of Fending alon6 We hne of other st 5. Bmmemm Esmu, of which lids is p.lH1 feet ro m iron pin; Wince along We ,and of the same. North 78 degrees 45 _ pas4 148.67-feet to an uon pin in the "Colt PlumhinB Cor°panY' f°c.; thence . he lice rof said lmd of 34 tdinutmcbs 20 Wc„ South 32 degrees i thence s~ast, 13221 Ecet to m iro¢eP ~nW l3 ter"e' line of land of the sam . iron pin _ 315 minutes Eas4 57.06 fcet ro m illiams and Sarah RnW~Ydlaiams;fWe°ce -. "'t7ie'line of said other lmd of Pent S. curs and Sarah Ruth Wdliaivs; South 72 dea 45 mi¢ut~ West, 182.38 feet ro m tro¢ m tTie NoNtwcum comer of ~ Wdliams~at ~p.ronY S. WtWams aal Sarah Ru BOO ipt No~2 on Wye final subdivision plan `Poirest S.-Brmtuman, which said Plan u ....,,t t'.omty Recorder's y~Deed sfrom AYetcy S. fated 12112~9'I,erewrded Book l69, Pag „~, _ _ . i ~ffi,.. GMAC MORTGAGE CORPORATION Plaintiff, v. AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-5374 CIVIL TERM 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 ,1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. N~lne and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, STE. 155 MECH?,1`IICSBURG, PA 17055 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 1146 WEST TRINDLE ROAD MECAANICSBURG, PA 17055 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 unsworn falsification to authorities. October 29.2001 DATE FRANK FEDE1tMAN, ESQUIRE Attorney for Plaintiff y GMAC 1VIORT:GAGE CORPORATION Plaintiff, v. AIJDREY.A. SWEENEY Defendant(s). 'CUMBERLAND COUNTY No: Ol"-5374 CIVIL TERM October 25, 2001 TO: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECElVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS /S NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY ** Your house (real estate) at ,1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of 98.461.18 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the Ji1NE 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 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 STILTy BE.ABLE:TO>SAVE YO- UR'ARrDPERTY AND.YOU'HAVE OTHER R`IXrFITS'EVEN:'IF THE ~HERIFF'S`iSALE:DOES` TAKE PLACE. M~ Y11. ~i. 1. If the Sheriffs Sale is not stopped;-your property will be sold to the highest bidder. You may ., find out the price bid by calling (2151563-7000. 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 m, 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 ~' Sheriffwithin 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 r ALL THOSE`CERTAIN:trasts of:landsitu~e in,the Township of Silver Spring, County of Cumberland and Stafe of l3errnsylvaaia:.bouiided ahd`described as follows: TRACT NO. 1 BEGINNING. ata: pointain'the center line of the Trindle Road at corner~of..lands of J.M. -Buffington; thence along the center line. of said> Trindle Road, South 72 degrees 45° minutes West, one hundred sixty-one and six-tenths (161.6) feetxo a point in said center line, being also is the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred (200) feet to a stake; thence along the line of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 43 minutes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of 7. M. Buffington; thence along said line of lands of 7. M. Buffington, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November S, 1959 and recorded December 1, 1939 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruch Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by as iron pin is the Northwestern corner of ocher land of Percy S. Williams and Sarah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the Lot herein described, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 13 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, Tnc.; thence along the line of said land of Colt Plumbing Cotnpaay, Inc., South 32 degrees 34 minutes 20 seconds East. 132.21 feet to an iron pin; thence along the lice of land of the same, South 13 degrees 15 minutes East, 57.06 feet [o an iron pin at the Northeastern cower of other Iand of Percy S. Williams and Sazah Ruth Williams: thence along the line of said outer land of Percy S. Williams and Sazah Ruth Williams, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern corner of said other land of Percy S. Williams and Sarah Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the fnral subdivision plan for Forrest S. Breinteman, which said Pian is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map ff09-0539-012 TITLE TO SAID PREMISES TS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12/97, recorded 12/17/97, in Record Baok 169, Page 493. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Ctunberland L.L. To satisfy the debt, interest and costs due C~'IAC Mortaaae Corporation from Audrey A. Sweeney 111 South Chestnut St. Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell_~P r_,agal Description (2) You are also directed to ariach the property of the defendant(s) not levied upon in the possession of GARNISHEE{S) as follows: and to not'rfy the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. AnauntDue 598,461.18 Interest frart 10/25J01 to 3/6J02 (per -n=-war-=?m~-`,x-$2,136.49 -Fssts-- Atty's Comm Atty Paid $106.50 _ Plaintiff Paid NO. 01-5374 CIVIL ~ TERM CIVIL ACTION -LAW $.50 Due Prothy ~ -00 Other Costs Date: nv,<xa.»nA,- 7., ~nt11 i_ Curtis R. Long Prothonotary~,-Cyivi~l Division by ~ o r ~ / ~/(.P2i1er~~-' Deputy REQUESTING PARTY: Name Frank Fedezmatt. Esp. One Penn Center at Suburban Station Address: -rE~~-~ohrt F~~~~=~,,...=,a mite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 ,~ ~ ab8iN,5~ .~31=td{ ~., e.. K~..£ ~a i._.n .~.a~ ... ..{~ ~~r~tiM~:.~eks~ - ~- o~.w`Wxvuv t AREAL E~A~ '~~. ~~`c~o2~ On November 14, 2001, the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered as 1146 West Trindle Road, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 14, 2001 ~S BY~ o d~ ~ ,~m~~n Rea state Deputy ~~ ~~~ ,, <- ~'' 4~,e, ,~ f,~~ ~~ ~° PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY P-aintiff, , v No. 41-5374 CIVII, TERM AUDREY A. SWEENEY , Defendant(s). . TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $98,461.80 Interest from 10/26/01 to 9/4/02 $5,083.66and Costs (per diem - $16.19) TOTAL $103,545.46 ~~~~~.~~ RANK FED RMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. y a a 0 H x y y y H n n ~.~y W b ~+ v 0 a y "~'! :.°. b 0 y~{ 0 r~ C~7 A y 0 z d ~C y 0 y 0 O °z n by z y 0 z y 0 ^~^ ll 0 z Cro" 0 ~r ~Z d 0 H ~c z c;. 41('7- {~ 7~ L ii ~~ r -~`- K. /~ ~ :h ;~ .. (j rn ] t -. ~~~. ALL TI3OSE CERTAIN"tracts.of lahd'sitnateiti:the To'wttship:of Silver-Spring, County of Cumberland and State of Penusylvania;=boundedRattd°desCribed.as follows: TRACT N0. 1 BEGINNING-at a point in the=center line of the: Trindle Road at corner 'of lands of LM. Buffington; thence along the center line of said Trindle Road; South 72 degrees 45 minutes West, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line ofsaid proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred (200) feet to a stake; thence along the line of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of J. M. Buffington; thence along said line of lands of 7. M. Buffington, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a pointin the center line of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded December 1, 1959 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwestern corner of other land of Percy S. Williams and Sazah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the I.ot herein described, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, Inc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the lice of land of the same, South 13 degrees 15 minutes East, 57.06 feet [o an iron pin at the Northeastern corner of other land of Percy S. Williams and Sarah Ruth Williams; thence along the line of said other land of Percy S. Williams and Sarah Ruth WiAiatns, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern corner of said other land of Percy S. Williams and Sarah Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan for Forrest S. Brenneman, which said Pian is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map #09-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12/97, recorded 12/17/97, in Record Book 169, Page 493. i II, i.. ~~ ~ r ~` ~ S~~ ~` ~ -~ _ ~ ~~ ~~ l y~ fCi ('7i rte' 1~7 `~ -/. L.. _y f..l ~, `~ `a FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, . v. AUDREY A. SWEENEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-5374 CIVIL TERM 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 O 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 unswom falsification to authorities. FRANK F DERMAN, ESQ Attorney for Plaintiff ~ p CJ ~ t_ ---s Zz r _~~-; ~~: ..s ~ ~~ ~ ~_Et y~ ~' ~ ~_ .~ , ~_ ~ 3 'J ~. ~ .~.° m ~- GMAC MORTGAGE CORPORATION Plaintiff, v. AUAREY A. SWEENEY Defendant(s). NO.Ol-5374 CIVIL TERM 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 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION None '4. 5. 6. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania p0 Box 2675 pepartment of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 2002 DATE RANK FE ERMAN, ESQUIltE Attorney for Plaintiff c> ° 0 "" ~ ' __~ ~ , ~Cl' r, c~ -- a~ c ~ z ~ rn < . t's~ GMAC MORTGAGE CORPORATION Plaintiff, v. AUAREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY No. 01-5374 CIVIL TERM June 5, 2002 TO: AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 **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 REAFFIl2MED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property willbe relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale willbe 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: X215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 ALL TfIOSE'CERTAIIV.;tracts of`tand. situate in the Township ofSiiver Spring, County of Cumberland and States of Pennsylvanian: boundetY anYl: descrt'beci: as:follows; TRACT NO. 1 BEGINNINCr at a point in•the-center line of the Trindle::Road ai corner of lands of J.M. Buffington; thence along. the center line of said Triadle Road;-South'72 degree's 45 minutes West, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line'; being also in the Eastern line of a proposed fifty {50) foot wide street; thence along the Eastern line of said proposed fifty (50} foot wide street, North 16 degrees 15 minutes West, two hundred (200) feet to a stake; thence along the line of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of 7. M. Buffington; [hence along said line of lands of I. M. Buffington, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, a[ the place of beginning. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded December 1, 1959 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Baok "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINMNG at a point marked by an iron pin in the Northwestern corner of other land of Percy S. Williams and Sarah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the Lot herein described, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, Inc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the line of land of the same, South 13 degrees 15 minutes East, 57.06 feet to an iron pin at the Northeastern corner of other land of Percy S. Williams and Sarah Ruth Williams; thence along the line of said other land of Percy S. Williams and Sarah Ruth Williams, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern comer of said other land of Percy 5. Williams and Sarah-Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan for Forrest S. Brenneman, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map N09-0539-012 TITLE TO SAID PREMISES IS VESTED 1N Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12/97, recorded 12/17!97, in Record Book 169, Page 493. ... Y~s~€fS.i.NSn%o+r.._.ue .,.. ~.~. ~_. _i ,r.~xie,rsd -.46EGWU3'-"-'e•'~. ~"'-- -, (7 ~ ~~i ' t... G _~ -:c :C! V iT am ~ c - -. Y.! ) LJ "- d. { ~' C i -'~" ---~~ C7 rn -~ r e " ' ~ ~ -~ cr c ~m,~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5374 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Clunberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From AUDREY A. SWEENEY, 111 S. CHESTNUT ST, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 1146 W. TRINDLE ROAD, MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION) (2) You aze 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/aze enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 98,461.80 L.L. Interest 10./26/01 - 9/4/02 @ $16.19/DIEM $5,083.66 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $1206.25 Plaintiff Paid Date: JiINE 7, 2002 CURTIS R. LONG Prothonotary, Civil Division (' By: ~ 12EQUESTINGPARTY: p, ,~ SUITE 1400, PHILADELPHIA. PA 19103 - J Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 ~;, F-Cty~ AFFH)AVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No.01-5374 CIVIL TERM DEFENDANT(S) AUDREY A. SWEENEY Type of Action SERVE AUDREY A. SWEENEY AT -Notice of Sheriff s Sale 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 Sale Date: 9/4/02 SERVED Served and made known to ~ Defendant, on the ~~~ day of ~~~, 200 at _ ~, o'clock~.m., at ~ ` ` L A ~~ ~/~D 11.Y~t t~' ,ilk . M•p(~ ~ ~n~l(1 ~ (`~l Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~_ Adult in chazge of Defendant(s)'s residence who refused to give name or relationslu 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: ~~'~ •~ n D1es'cription: Ag/c'~V_~ Height ~ ~~ Weight ~ Race W Sex ~! 1 Other I, 1J\ • ~C~ l ~ ~ a competent adult, being duly sworn according to law, depose and state that I personally handed a trne and correct copy of a Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ~// befor me this ~~ day ~/~/^`,- of ~ 200. „ e Notaiy~~jyln ~r, By: r (~' NOT SERVED s, 2ooz ~ 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: Attorne For Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215)563-7000 a .; ;~~U \ y ~ _ ~~ ~r ~~ ~.~' ~ r ~ ~~.` ~-.~ -- ~.;~_ ~ . ~ `i c':; rc °.~ -; ~ ` , s! •. _J r ~ f ~ ' -a en °C E7 ~ /'/ ., r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GMAC MORTGAGE CORPORATION ) CIVIL ACTION vs. AUDREY A. SWEENEY ) CIVIL DIVISION NO. 01-5374 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 6/6102 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 6/6/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: July 18.2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff A. 0 0 a W E ~~ NN_ ~ 0 d~ ~a~ a, °; W a~. wzd °~v~ zza zqW ad QW~ wOw b L R m b N L y b R b ,,, z¢o v v w y i+59LLL9 d~ n 3iaw ea ~y ~ ~-..- n gn S I.y ~# `~~C~~S ~{ a Q' ~^.. r- o"."` ~Y`~~0 --.t QuS A/ 5 ~v -o v v v~ ~~ y0 '~~J LSp F O U A a ~ a ~. zz z~ WWw C4~ I. W ~ QN ~ F-~ w WW ~C W O W Q a F° r .F-~° Q° , OF4 Q! o . a ~ O~ ~ rn , , WZa vpi '" ja ~ '" Fwa ~ vEi OC4 A Fk+ d W j ~ v~ xx z ~ ~ ~ M ' ~C ~ '~~ a' r x ~j~ ~ • w a ~ ~ a " r d a~^' I ~ ~i W Wz~C7 3 ~ v,Uai U ~~~ ~"U U U~~ U ~~a ~ a N O~~rn Ci'~' >'' ~ z Z d ~ OF F ~~11 ~ ~ W F ~ E W °' ~ ~y; ~aO~ ~O .yW ~U F"NW z5 ~W W0~ ~ ~ z" ~Aax d~~ U~~ F ;,~" A~U A ~z ri * iE i N M d' h ~ r 00 ~ O N M 7 vi F rl y-:f I~ `• 7160 39U1 9844 8593 4214 gp; AUDREY A. SWEENEY i I I 1 SOUTH CHESTNUT STREET 1 MECHAlVICSBURG, PA 17055 SENDER: KMD REFERENCE: SALES PS Farm 3800 .lone 2000 RETURN Poste e RECEIPT Certified Fee SERVICE Retum Receip[ Fee Restricted Detive Total Postage & Fer US Postal SeMce Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International MaJ .54 .90 <.... .-_ . lA~~fY ~t 2Q~ ~:a~~ i6~' g' r ":,* r'~. C -•, l l..' ~~' - I_ r ~ ~: r" ^ ~ 1 ., ~ r~• -:~ ~~ °" _~ -C - -i ~ U t,; -c ~, C? ~, i f~ i f t E>Z ~~~ T~R'.P _ _ ~ ~,.,.ua ~~ ~~~i~t;~,,_ ~;: ., ,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Veterans Affairs, Sec is the grantee the same having been sold to said grantee on the 4th day of Seat A.D., 2002, under and by virtue of a writ Execution issued on the 7th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5374, at the suit of GMAC Mtg Corp against Audrey A Sweeney is duly recorded in Sheriff's Deed Book No. 253, Page 3693. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o'( ~O day of A.D.2002 /J, ~ ' Recottier of Deeds ~, . ~ • ~ . GMAC Mortgage Corporation Vs Audrey A. Sweeney In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5374 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2002 at 3:11 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Audrey A. Sweeney, by making known unto Audrey A. Sweeney personally, at 111 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2002 at 2:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Audrey A. Sweeney, located at 1146 West Trindle Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Audrey A. Sweeney, by regular mail to her last known address of 111 South Chestnut Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 17, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and the best price received for the same Secretary of Veterans Affairs, an Officer of The United States of America of Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $1,189.75, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 23.32 Posting Handbills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 20.00 Law Library Prothonotary 1.00 Mileage 13.80 Certified Mail 2.83 Levy 30.00 ~ , Surcharge 30.00 Law Journal 502.55 Patriot News 366.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 29.50 $1,189.75 paid by attorney 9/17/02 Sworn and subscribed to before me This ~ ~-" day of ~ rr.,/,,. 2002, A.D._ ~„ ~~ i thonotary S~o Answer "R. hoT " mas Kline, e 2 BY~D Real Estate eputy 30-~'' ~`'ti4-~- J w ~° c/¢. 3 g a ~~ f?,t,. ~ 3uYl y GMAC MORTGAGE CORPORATION Plaiptitf, v. . AUDREY A. SWEENEY Defepdapt(s). CUMBERLAND COUNTY NO.Ol-5374 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PLEAS 'S 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 1146 WEST TRINDLE ROAD. MECHANICSBURG. PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.} Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CITIFJ[NANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street Connty Carlisle, PA 17013 Commonwealth of Pennsylvania p® gox 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 5, 2002 DATE RANK FE ERMAN, ESQUIRE Attorney for Plaintiff ' GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, . ~• No. 01-5374 CIVIL TERM AUDREY A. SWEENEY Defendant(s). June 5, 2002 TO: AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 **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 REAFFIl2MED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the Sheriff s Sale. YOU MAY BE ABLE TO PREVENT THIS SHEIfIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 fmd out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You 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 TffiS 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 ...xma uwrJovu .... ..: .,_.: ..:.. , ..: ,I~,.....: ,mwki5iiti:, r • I s ALL'Y"IIO~Z'CERT:41N`tratts oflhdri_sinrate inthe Toavhship af-Silver Spring, County of Cumberland and State of Pennsylvania,-~botinderY~and:descn'bed:as Follows: '_ " TRACT NO. 1 BEGINNING at a point ia~thesxenter line of the Tr-indle::Road at corner of lands of J.M. Buffington; thence along. [he center line of said Trindle Road`,• Soutli`72. degree's 45 minutes West, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred (200} feet to a stake; thence along the line of ocher lands oP Forrest S. Bremmeman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of J. M. Buffington; thence along said line of lands of J. M. Buffington, South 13 degrees IS minutes East, two hundred and twenty-seven one-hundredths (200,27) feet to a point in the center line of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Forrest S. Brenneman and Ilelea Brenneman, his wife, by Deed dated November 5, 1959 and recorded December 1, 1959 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwestern corner of other land of Percy S. Williams and Sazah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the Lat herein described, thence extending along the tine of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, Tnc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds Eas¢, 132.21 feet to an iron pin; thence along the lice of land of the same, South 13 degrees 15 minutes East, 57.06 feet to an iron pin at the Northeastern corner of other land of Percy S. Williams and Sarah Ruth Williams; thence along the line of said other land of Percy S. Williams and Sarah Ruth Williams, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern corner of said other-land of Percy S. Williams and Sarah-Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan far Forrest S. Brenneman, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map #09-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. W illiatns, widower dated 12112/47, recorded 12/ 17/97, in Record Book 169, page 493: _,~_ ,... -_ WRIT OF EXECUTION and/or ATTACHMENT • ,r COMMONWEALTH OF PENNSYLVANIA) NO O1-5374 Civil ` COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Gtimiberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From AUDREY A. SWEENEY, 111 S. CHESTNUT ST, MECHANICSBURG PA 17055. (1) You aze directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 1146 W. TRINDLE ROAD, MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION.) (2) You aze also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/aze enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 98,461.80 L.L. Interest 10./26/01 - 9/4/02 @ $16.19/DIEM $5,083.66 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $1206.25 Plaintiff Paid Date: JUNE 7, 2002 CURTIS R. LONG Prothonotary, Civil Division By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STAT..,.. SUITE 1400, PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 .3§a''9'x>rtrt::: $s9~A~~3s~[,......; ,F. ';: ,,. er:~_'. ,n -r.'itc_:b~:4.aifc't3~GFw`~t'~xT'e~~h~.~' '-s~:~£u&g&~16~B1d'N6 ..... ... ~. . ~ , 1~`" .. , Real Estate Sale # 54 On June 14, 2002 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 1146 West Trindle Road, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2002 By: °I ~ ~~ ~ Q r .~~~~ ~ ~~~ ~ ~~~ ~~r: ~~ ~ ^~ ~i ' V ~ :11f f3 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAd No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epley being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the Ciiy of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and T ie Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and publishrd in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ... ..........,~f...`~........................................................ COPY swo ~ f latn day Au a 2002 A.D. SALE #54 Terry L. Russell, Notary Pu City Of Hanisburg, Dauphin ,~ My Commission6cpiresJune NCSTARY PUBLIC lvtember. Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE • CARLISLE, PA. 17013 ~ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 364.80 Probating same Notary Fee(s) $ 1.75 Total $ 366.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... Corp. __ __ _ ~reY A Sweeney Frank Federman ._ _. ._ _ ERTAW tracts of land situate N af', Silver Spring, Couuty o{ Slate of Pennsylvania, bonded rbLow's: 3EGB`NING at a point in the - Trindfe Road at comer of lands a; thence along (he censer line of 4 Saulh 72 degrees 45 mirmtcs 'ted sixty-one and six-tenths paint in said center line, being _ n line o£ a proposed fifty (50) h_euce alpng the Fasten line of (FO) toot wide aheG, North 16 mat. two hundred (200) Feet . iluug the line of other lands of _ emau, of which thb is a pan, 43. minutes East, one hundred afendu (182.3) feet to a stake s of 1. M. BuB'mgton; drenne -° - L ,ugs. cast two hundred and vsh one-6~ndredths (200.27) feet m a the: center line of the Trind(e Road aktGeplaaaf BEGWNWG. hc_same_ premises which Forsest S: u Helen Brcmeman, his wife, by Id-lbr'ember 5, 1959 and recoMed L 1959 in the Office of the Recorder of Land for Cumberland- -County, da; m Dced Boot. "N', Volume 19, - gtan(ed and conveyed auto Percy S. t~~SanJt Ruth Williams, hhs wife, 7.~.-BEGINNWG at a point marked ~pim_the Northwestw comer of other ;rey„5.. Williams and Sarah Ruth u~ s~ a,a''"e being aLwlulhc line dividing an~'of Pcry Se_WiBiams and Sarah ms from the Lot herein described, iyng along the line of other laud of Bn:nneman estate, of which this u a t6 degrcea_IS minutes West, 200,00 - o pin; thence along the line of land of Leah 78 degrees 45 minuts East, to an hoe pin in du Bue of Colt _ mpany, /nc.;_Wcnec along the line of ?m; mcnce along the line of land of !th _13 degrees 15 minutes FasS , tan icon pin at the Northeastern "find of Percy S. Willams and dams; thence along We line ofsaid ucy S. Williams and Sarah Ruth hJ2 dcgrces 45 minmes West, au~rpn pin m the Notthwestem ~r~er land of Percy S. Williams and Lams. a( the point and place of ? °n the Leal subdjrisioo plan for nnemvr, which said Plan is Cumberland County Recorder's Kok No. 40, of page 98, premises is vested in.4udrey A. Sy Deed from Pery S, Williams, .1112/97, recorded 11L17N7, m ~ < PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002® Ld3 E: SNY C~Nsie fro, __ , R~i]~I. ESTttiTE SA~i,E NO. 64 Wilt No. 2001=574 C GMAC Mortgage Corporation vs. Audrey A. Sweeney Atty.: Frank Federman ALL THOSE CERTAIN tracts of land situate in the Township of Sil- ber Spring, County of Cumberland and State of Pennsylvania; bounded and described as follows: TRACT NO. 1 BEGINNING at a point ht the cen- ter line of the Trindle Road at cor- ner of lands of J. M. Buffmgton; thence along the center line of said Trindle Road, South 72 degrees 45 minutes Weat, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fifty (50) foot wide street, North 16 de- grees 15 minutes West, two hun- dred (200) feet to a stake; thence along the line of other lands of Forrest 5. Brenneman, of which this is a part, North 72 degrees 45 min- utes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of J. M. Buffmgton; thence along said line of lands of J. M. Buffmgton, South 13 degrees 15 minutes East, two hun- dred and twenty-seven one-hun- dredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of begimnng. BEWG the same premiaea which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded De- cember 1, 1959 in the Office of the Recorder of Deeda in and for Cum- berland County, Pennsylvania, in Deed Hook "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, h+s wife. TRACT NO. 2 BEGINNNG at a point mazked by an iron pia 1n the Northwestern corner of other land of Perey S. Williams and Sarah Ruth Williams, the same being also in the line di- viding said other land of Percy S. Williama and Sarah Ruth Williams from the Lot herein described, thence extending along the line of other land of the Forrest S. Brenne- man Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East. 148.67 feet to an iron pin in the line of Colt Plumbing Company, Inc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the line of land of the same, South 13 degrees 15 minutes East, 57.06 feet to an iron pin at the Northeastern toner of other land of Percy S. Williams and Sarah Ruth Williams; thence along the litre of said other land of Percy S. Williams and Sarah Ruth Williams, South 72 degrees 45 min- utes Weat. 182.30 feet to an iron pin in the Northwestern corner of said other land of Percy S. Williams and Sarah Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the fmal subdivision plan for Forrest S. Bren- neman, which said Plan is recorded in the Cumberland County Record- er s Office in Plan Hook No. 40, at page 98. Map #09-0539-012. TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed fmm Percy S. Wil- liams, widower dated 12/12/97, rewrded 12/17/97, in Record Book 169, Page 493.