Loading...
HomeMy WebLinkAbout03-3087FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLA1NTWF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff KELLY S. SMITH AJK/A KELLY S. VARNER 198 PEACH GLEN ROAD GARDNERS, PA 17324 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY' AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 68209 IF THIS IS THE ~'IRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE~ BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 68209 Plaintiffis GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: KELLY S. SMITH A/K/A KELLY S. VARNER 198 PEACH GLEN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/05/1998 Kelly S. Smith A/K/A Kelly S. Vamer & Ronald D. Vamer 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. 1491, Page 657. By Assignment of Mortgage dated 03/02/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 612, Page 1093. 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 12/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 68209 The following amounts are due on the mortgage: Principal Balance Interest 11/01/2002 through 06/25/2003 (Per Diem $19.02) Attorney's Fees Cumulative Late Charges 10/05/1998 to 06/25/2003 Cost of Suit and Title Search Subtotal $95,738.40 4,507.74 1,250.00 104.01 $ 550.00 $102,150.15 Escrow Credit 0.00 Deficit 72.61 Subtotal $ 72.61 TOTAL $ 102,222.76 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. Plaintiff hereby releases Ronald D. Vaner, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,222.76, together with interest from 06/25/2003 at the rate of $19.02 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. By: FEDERMAN AND PHELAbI,~-LI~ /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 68209 ALL THAT CERTAIN tract of land situate in Dickimon Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the Bendersville Road (L.R. 21030) at the imersection of the said road and the public road leading from the Bendersville Road Northwardly between the tract within conveyed and lands now or formerly of Marlin Sowers, formerly ofV. C. Slnsser, North 35 degrees West 34.45 feet to a point in said last mentioned Public Road (T-530); thence along said Road (T-530) and lands of said Sowers, North 56 1/2 degrees West 398.6 feet to the center of lands now or formerly of Arthur Starner, formerly School Lot; thence by lands of said Stamer, South 51 degrees West 62.5 feet to the corner of lands of said Stamer on the line of lands now or formerly of Marlin Sowers, formerly of Hiram Sowers; thence by same, South 41 degrees East 405.7 feet to a stone in the Bendersville Road (L.R. 21030); thence along said road, North 60 1/2 degrees East 176.8 feet to the place of beginning. HAVING thereon erected a two story dwelling house and being known and numbered as 198 Peach Glen Road, Gardners, PA 17324. VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she i? - , 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 andbelief. The undersigned unders~mds that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: .r~?. SHERIFF'S RETURN - CASE NO: 2003-03087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS SMITH KELLY S AKA KELLY S VARN REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SMITH KELLY S A/K/A KELLY S VARNER DEFENDANT , at 1715:00 HOURS, at 60 HUMMEL AVENUE LEMOYNE, PA 17043 KELLY S SMITH a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 25th day of July by handing to the , 2003 - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this d ~ day of rot~z~ A.D. honorary t ~ So Answers: R. Thomas Kline 07/28/2003 FEDERMAN & PHELAN · ~ FEDERMAN AND PHELAN, LLP 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 (215} 563-7000 GMAC MORTGAGE C. ORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, KELLY S. SMITH A/K/A KELLY S. VARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3087 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KELLY S. SMITH, A/K/A KELLY S. VARNER, 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 6/26/03 to 9/2/03 TOTAL $102,222.76 $1,312.38 $103,535.14 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 FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHII.~DELPHIA, PA 19103 (715) GMAC MORTGAGE CORPORATION Plaintiff KELLY S. SMITH A/FdA KELLY S. VARNER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3087 CML TERM TO: KELLY S. SMITH A/K/A KELLY S. VARNER 198 PEACH GLEN ROAD GARDNERS, PA 17324 DATE OF NOTICE: AUGUST 1~, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEM?TING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AVFEIvIPT TO COLLECT TI-~ INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IY 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 to enter a written appearance personally or by atto~and file in writing with the cot~rt your defenses or objections to the claims set forth against you. Unless you act within tei~ (-I0) ~ from the date of this nonce, a Judgment may be entered against you without a hearing and you may lose your property ornl~r ~portant fights. You should take this nonce to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or, l~'hRne the following office to fred 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 LAWKENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) '56~-7f100 GMAC MORTGAGE CORPORATION Plaintiff Vs. KELLY S. SMITH A/K/A KELLY S. VARNER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3087 CIVIL TERM TO: KELLY S. SMITH A/K]A KELLY S. VARNER 60 HUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: bITGUST 15, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATYEMPT 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 ATFEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. [bSPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the ciaum set forth agffmst you. Unless you act within ten (10) days fi:om the date of this notice, a Judgment may be entered against you without a heating 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) 249-3 166 FUA FEDERMAN, ES( Unu LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, KELLY S. SMITH AfK/A KELLY S. VARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3087 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KELLY S. SMITH, A/K/A KELLY S. VARNER is over 18 years of age and resides at, 60 HUMMEL AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (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 HORSHAM, PA 19044-0969 Plaintiff, KELLY S. SMITH A/K/A KELLY S. VARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3087 e is given that a Judgment in the above-captioned matter has been entered against you on 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE l?OR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, KELLY S. SMITH A/K/A KELLY S. VARNER Defendant(s). No. 03-3087 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in t~e above matter: Amount Duc Interest from 9/2/03 to DECEMBER 10, 2003 (per diem -$17.02) TOTAL $103,535.14 $1,684.98 and Costs $105,220.12 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the Bendersville Road (L.R. 21030) at the intersection of the said road and the public road leading from the Bendersville Road Northwardly between the tract within conveyed and lands now or formerly of Marlin Sowers, formerly of V. C. Slusser, North 35 degrees West 34.45 feet to a point in said last mentioned Public Road (T-530); thence along said Road (T-530) and lands of said Sowers, North 56 1/2 degrees West 398.6 feet to the center of lands now or formerly of Arthur Stamer, formerly School Lot; thence by lands of said Starner, South 51 degrees West 62.5 feet to the comer of lands of said Starner on the line of lands now or formerly of Marlin Sowers, formerly of Hiram Sowers; thence by same, South 41 degrees East 405.7 feet to a stone in the Bendersville Road (L.R. 21030); thence along said road, North 60 1/2 degrees East 176.8 feet to the place of beginning. HAVING thereon erected a two story dwelling house and being known and numbered as 198 Peach Glen Road, Gardners, PA 17324. Tax Parcel #08-43-3408-009 USBC PAM - LIVE - V2.2 - Docket Report Page 1 of 3 UoSo CREDS, 341Held, CLOSED Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: l:03-bk-02261-MDF Assigned to: Mary D France Chapter 7 Voluntary No asset Kelly S Smith 60 HUMMEL AVENUE 2ND FLOOR LEMOYNE, PA 17043 SSN: 217-98-9113 Debtor aka Kelly S Varner SSN: 217-98-9113 Lawrence G. Frank Law Office of Lawrence G. Frank 2023 NORTH SECOND STREET HARRISBURG, PA 17102 717 234-7455 Trustee Date Filed: 04/15/2003 Date Terminated: 07/24/2003 Date Discharged: 07/22/2003 represemedby John P Neble~ 2O40 LINGLESTOWN ROAD SUITE 203 HARRISBURG, PA 17110 717 671-8454 Filing Date # Docket Text 04/15/2003 1 04/28/2003 05/14/2003 3 VOLUNTARY PETITION under Chapter 7, Matrix and all Schedules/Statements, [CA], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 04/15/2003) 2_ CERTIFICATE OF MAILING of notice of 341 meeting., [ALIT], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 04/28/2003) Motion for Relief from Stay. Filing fee due in the mount of $ 75.00 Filed by Judith Romano of Federman & Phelan on behalf of GMAC Mortgage Corporation as Servicer for the Mortgagee of Record. (Zimmerman, Karen) (Entered: 05/14/2003) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?946054369399611-L 82 0-1 9/2/2003 . USBC PAM - LIVE ~ V2.2 - Docket Report Page 2 of 3 05/14/2003 05/15/2003 05/21/2003 05/27/2003 05/27/2003 06/12/2003 06/13/2003 07/22/2003 07/24/2003 07/24/2003 07/26/2003 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 595333 Fee Amount $ 75 (RE: related document(s)[3] ). (Zimmerman, Karen) (Entered: 05/14/2003) 4 Order (RE: related document(s)[3] ). Answers are due on: 5/30/2003. Hearing scheduled for 6/11/2003 at 01:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Zimmerman, Karen) (Entered: 05/15/2003) 5 Final Report of Trustee in No Asset Case Filed by Lawrence G. Frank. (Buffington, Diann) (Entered: 05/22/2003) 6 Certificate of Service Filed by Judith Romano ofFederman & Phelan on behalf of GMAC Mortgage Corporation as Servicer for the Mortgagee of Record (RE: related document(s)[3], [4] ). (Buffington, Diann) (Entered: 05/27/2003) 7 Certification of Trustee that 341 Meeting of Creditors Held Filed by Lawrence G. Frank. (Buffington, Diann) (Entered: 05/27/2003) 8 Proceeding Memo: Hearing held on Motion of GMAC Mortgage for Relief from Stay. Motion granted. (RE: related document(s)[3], [4] ). (Weigel, Erma) (Entered: 06/12/2003) 9 Order Granting Motion for Relief from Stay (RE: related document(s)[3] ). (Zimmerman, Karen) (Entered: 06/13/2003) J 0 Request to BNC - Discharge of Debtor(s). (KZ) (Entered: 07/22/2003) Request to BNC ~ Final Decree (KZ) (Entered: 07/24/2003) !2 BNC Certificate of Mailing. Service Date 07/24/2003. (Related Doc # la) (Admin.) (Entered: 07/25/2003) BNC Certificate of Mailing. Service Date 07/26/2003. (Related Doc # 1_D (Admin.) (Entered: 07/27/2003) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?946054369399611-L 82 04 9/2/2003 GMAC MORTGAGE CORPORATION Plaintiff, KELLY S. SMITH A/K/A KELLY S. VARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-3087 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 flied the following information concerning the real property located at 198 PEACH GLEN ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLY S, SMITH A/FdA KELLY S. VARNER 60 HUMMEL AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of htst recorded holder of every mortgage of record: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSQUEHANNA BANK 11817 REISTERTOWN ROAD REISTERTOWN, MD 21136 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 198 PEACH GLEN ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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. September 2, 2003 DATE FRANK FEDERMAN, ESQLrlllE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAI), SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, KELLY S. SMITH A/FdA KELLY S. VARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3087 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KELLY S. SMITH, A/FdA KELLY S. VARNER is over 18 years of age and resides at, 60 HUMMEL AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PtilLADELPHIA, PA 19103~1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, KELLY S. SMITH A/K/A KELLY S. VARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DMSION NO. 03-3087 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage (~) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certifi?ation is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to afithorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, KELLY S. SMITH A/K/A KELLY S. VARNER Defendant(s). TO: KELLY S. SMITH A/K/A KELLY S. VARNER 60 HUMMEL AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 03-3087 September 2, 2003 **THIS FIRM IS A DEBT COLLECTOR A TTEMPT1NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at, 198 PEACH GLEN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the SherifPs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,535.14 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SherifPs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the Bendersville Road (L.R. 21030) at the intersection of the said road and the public road leading from the Bendersville Road Northwardly between the tract within conveyed and lands now or formerly of Marlin Sowers, formerly of V. C. Slusser, North 35 degrees West 34.45 feet m a point in said last mentioned Public Road (T~530); thence along said Road (T-530) and lands of said Sowers, North 56 1/2 degrees West 398.6 feet to the center of lands now or formerly of Arthur Starner, formerly School Lot; thence by lands of said Starner, South 51 degrees West 62.5 feet to the corner of lands of said Starner on the line of lands now or formerly of Marlin Sowers, formerly of Hiram Sowers; thence by same, South 4l degrees East 405.7 feet to a stone in the Bendersville Road (L.R. 21030); thence along said road, North 60 l/2 degrees East 176.8 feet to the place of beginning. HAVING thereon erected a two story dwelling house and being known and numbered as 198 Peach Glen Road, Gardners, PA 17324. Tax Parcel #08-43-3408-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3087 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) KELLY S. SMITH a/k/a KELLY S. VARNER, 60 HUMMEL AVE., LEMOYNE PA From 17043. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 198 PEACH GLEN ROAD, GARDNERS PA 17324 (SEE LEGAL DESCRIPTON ). (2) You are also cYtrected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any propex~y of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $103,535.14 L.L. $.50 Interest 9/2/03 TO 12/10/03 ~ $17.02 per diem = $1,684.98 Atty's CommN% Arty Paid $121.04 Plaintiff Paid Date: SEPTEMBER 5 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN Due Prothy 1.00 Other Costs CURTIS IL LONG Proth , a By: ~ ~ Address: OEN PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION KELLY S. SMITH A/K/A KELLY S. VARNER CUMBERLAND COUNTY No. 03-3087 ACCT. #306583'143 SERVE KELLY S. SMITH, A/K/A KELLY S. VARNER AT 60 HUMMEL AVENUE LEMOYNE, PA 17043 ,200~_.at ~:00 ,o'clockf~.nm, at ~0 Type of Action - Notice of Sheriff's Sale Salo Date: DECEMBER 10, 2003 SERVED S . De en t.o. e_ , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant person~li~ served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refnsed to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __Other: ~ Description: Age ..~";-- Height ~"'/~'" Weight {~0 Race ~L)~Sex ~-' Other I, Cl a,,t ,~c ~. L, C~.~t ~-~ '3~,"a competent adult, being duly sworn according to law, d~ose ~d state that I perso~lly ~nd~ a ~e ~ co~ect copy of ~e Notice of ShenWs Sale m the ~er a.; set fo~ here~ ~ssued m the captioned c~e on ~e date and at ~e ad,ess ~dicated above. ~ Sworn to ~d subscribed ~ ~, of S,~ b.,, 200~. , . ~ ~ / ~ ~1 ~~ '~ ATTEMPTED. NOT SER~D On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant 1st Attempt: / / Time: 3rd Attempt: / / Time: Attempt:__, / / Time: Swom to and subscribed before me this day of ,200 _. Notary: Attorney for Plaintiff Frank Federman, Esquire ~ I.D. No. 12248 By: AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) PAUL D. WILSON JR. A/K/A PAUL D. WILSON, TERRY ZEIDERS, MARGARET A. WILSON A/K/A PEGGY WILSON SERVE PAUL D. WILSON JR. A/K/A PAUL D. WILSON AT 2141 NEWVILLE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY KMD No. 2003-3088 CML TERM ACCT. #306818161 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known to at ~ ~o'clock~m.,at ~/ ~e~;](, ~,~ ~¢~ ,Co~onwealth of Pe~sylvania, in the m~er deschbed below: .~ Defendant personally served. ~ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who reused to give name or relationship. ~ Manager:Clerk of place of lodging in which Defendant(s) reside(s). ~ Agent or person in cMrge of Defendant(s)'s office or usual place of business. ~ officer of said Defendant(s)'s company. O~er: ~, ct~. ~ ~ L. C~ ~.a ~o~,~.~ ad~t. b~n~ d~ ~wo~ a~o~d~g to ~aw. a~,o~ ~d ~ t~a~ ~o~a~y ~d~d a tree and co~ect copy ot'~e Notice of SherifCs Sale in ~e ma~er as set tB~h herein, issued in the captioned case on ~e date and at the address indicated above. Sworn to and subscribed before me tbs ~ay PLEA~ATTEM~ SERVICE AT LEAST 3 TIMES. INDICATE DA~ TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved __ Unknown__ No Answer __ Vacant 1st Attempt: / / Time: : 2"a Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of .200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 · ~FIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) PAUL D. WILSON JR. A/K/A PAUL D. WILSON, TERRY ZEIDERS, MARGARET A. WILSON A/K/A PEGGY WILSON CARLISLE, PA 17013 CUMBERLAND COUNTY No. 2003-3088 CIVIL TERM ICMD ACCT. #306818161 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 ~ERVED r .... ,- , -,. ,a- ~,, Defendant, on the of Pe~sylvania, in the ma~er described below: ~, Co~onwealth ~Defendant personally served. Adult fa~ly member with whom Defendant(s) reside(s). Relationship & ~ ~ ~Adult m charge of Defend~t(s)'s residence who reused to give name oi~relationship. ~Manager/Clerk of place of iodging in which Defendant(s) reside(s). ~Agent or person in charge of Defendant(s)'s office or usual place of business. ~Other: _ an officer of said Defendant(s)'s company. Description: Age ~ Height~// Weight ~ ~ ' ~ ~ ~,a competem adult, bein m a ' ~. o,cuu s bale m the ma~er as set fo~ k~__. · ,.. ro~. ~,,~ state that I personally han ed the address indicated above. ~.,- uctcln, lssueo in the captioned case on the ~t~ and~- Swom to and subscribed before mg ths ~ay Nota~: B 34- a HI. IS. INDICATE DATES ~IMES OF SER~cE ATTEMPTED. NOT SER~D On the ~ day of ~ Moved ~ Unknown 1 st Attempt:_ / / 3rd Attempt:__ / / Sworn to and subscribed before me this --_ day of __, 200 _. Notary: _, 200__, at ~ o'clock __.m., Defendant NOT FOUND because: ~ No Answer ~ Vacant Time:__ : 2nd . - Attempt.~/_.~/ /~Tirne:__ : Time:__ : Frank Federman, Esquire - I.D. No. 12248 By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION VS. KELLY S. SMITH A/K/A KELLY S. VARNER C1VIL ACTION C1VIL DIVISION NO. 03-3087 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 September 11~ 2003 tree 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. DATE: November 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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 GMAC Mtg Corp is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 5th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3087; at the suit of GMAC Mte Corp against Kelly S Smith aka Kelly s Vamer is duly recorded in Sheriff's Deed Book No. 261, Page 1712. IN TESTIMONY WHEREOF, I have hereunto set my hand jseal of said office this c.~/-~ dayof t~ ~ ,A.D2004 , x~~-Recorder of Deeds GMAC Mortgage Corporation VS Kelly S. Smith a/k/a Kelly S. Vamer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3087 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2003 at 3:26 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 defendants, to wit: Kelly S. Smith a/lqa Kelly S. Vamer, by making known unto Kelly Smith, personally, at 444 Railroad Ave., Shiremanstown, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 9:50 o'clock A.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 Kelly S. Smith a/k/a Kelly S. Varner located at 198 Peach Glen Rd., Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Kelly S. Smith a/k/a Kelly S. Vamer, by regular mail to her last known address of 444 Railroad Ave., Shiremanstown, PA 17011. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriffs 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $40,000.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Road, Suite 150, Horsham, PA 19044-0969, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $5,5000.00, representing costs. Sheriffs Costs: Docketing $30.00 Poundage 800.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.49 Levy 15.00 Surcharge 20.00 Law Journal 223,55 Patriot News 179.17 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1447.11 Sworn and subscribed to before me So Answers: .... Klin .~ ' Prdthonot~ BY x/~~ Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 41 Date Filed: January 9, 2004 Writ No. 2003-3087 Civil Term GMAC Mortgage Corporation VS Kelly S. Smith a/k/a Kelly S. Vamer Sale Date: Buyer: Bid Price: December 10, 2003 GMAC Mortgage Corporation $40,000.00 Real Debt: $103,535.14 Interest: 1,684.98 Attorney Costs: 121.04 Total: $105,341.16 DISTRIBUTION: Receipts: Cash on account (09/11/03): $ 1,500.00 Cash on account (12/10/03): 4,000.00 Credit Writ No. 2003-3087: 34,500.00 Total Receipts: $40,000.00 Disbursements: Sheriffs Costs Legal Search Attorney Federman Credit Writ No. 2003-964 $1,447.11 200.00 3,852.89 34,500.00 Total Disbursements: Balance for distribution: ($40,000.00) 0.00 So Answers: R. Thomas Kline Sheriff THE P3 TRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1~29 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennisorl, 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 iaws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, 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 securaiy attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ,U Rt.,CA'rlON ~.: ...... ~_.z~~ C O P Y , om ~t ~b~seoa:2:pdu~b.c.f/;~/~h;/~' --/~'~'/~, - 19thday/b'f Nov~n~r 2003 A.D. My Comrrms P~ .... ~ NO~'ARY PUBLIC Membe+'. Pen~sy~aniaASsoda~,~OfNo~a~es My comrnisslon 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 Total $ 179.17 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have 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. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, v/z: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 41 Writ No. 9003-3087 Civil GMAC Mortgage Corporation VS. Kelly S. Smith, a/k/a Kelly S. Varner Atty.: Frank Federman ALL THAT CERTAIN tract of la-nd situate in Dickinson Township, Cumberland Count~, Pennsylvax~la, bounded and described as follows: BEGINNING at a point in the Bendersville Road [L.R. 21030) at the intersection of the said road and the public road leading from the Bendersville Road Northwardly be- tween the tract w~thkn conveyed and lands now or formerly of Marlin Sow- ers, lbrmerly o£V. C. Slusser, North 35 degrees West 34.45 feet to a point in said last mentioned Public Road {T 530): thence along said Road ~T-530} and lands of said Sow- ers, North 56 1/2 degrees West 398.6 IEet to the center of lands now or formerly of Arthur Starner. ane Coyne, ' r SWOR~}q'O AND SUBSCRIBED before me 31 day of OCTOBER, 2003 LOIS E. SNYOER, Notmy Public C~dlsle Bo~o, Cuml~tand County My Co~missim Expires March S, 2005 this Road (T 530); thence along said Road {T-530) and lands of said Sow- ers, North 56 1/2 degrees West 398.6 lhet to the center of lar~ds now or lbrmerly of Arthur Starner, lbmlerly School Lot; thence by lands of said Starner, South 51 degrees West 62.5 feet to the corner of lands of said Starner on the line of lands now or [ormerly of Marlin Sow- ers, formerly of Hiram Sowers; thence by same, South 41 degrees East 405.7 feet to a stone in the Bendersville Road (L.R. 21030); thence along said road. North 80 1/2 degrees East 176.8 feet to the place of beginning. HAVING thereon erected a two story dwelling house and being known and numbered as 198 Peach Glen Road. Gardners, PA 17324. Tax Parcel ~08-43-3408-009.