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Home My WebLink About99-07374I.' FEDERMAN AND PHELAN By: FRANK FEDERMAN, I-SQUIRE IDENTIFICA'T'ION NO. 12245 TWO PENN CENTER PLAZA, SUl"I'E 900 PIIILADELPIIIA, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION, P/K/A GMAC MORTGAGE CORPORATION OF PA 3451 HAMMOND AVENUE P.O.BOX 780 WATERLOO, IA 50704-0780 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. qq - -73 74- CUMBERLAND COUNTY Cu;(t KENNY R. JOHNSON CONNIE L. LEHMAN 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE DE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FORTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 450018890 Plaintiff is GNIAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA 3451 11AMMOND AVENUE" P.O.BOX 780 WATERLOO, [A 50704-0750 2. The name(s) and last known address (es) of the Defendant(s) are: KENNY R. JOHNSON CONNIE L. LEHMAN 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1239, Page 691. 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 8/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. flee following amounts are due on the mortgage: Principal Balance $113,321.93 4,334.49 Interest 7/1/99 through 12/1/99 (Per Diem $28.33) 000.00 4 Attorney's Pees , 46 146 Cumulative Late Charges . 10/24/94 to 12/1/99 Cost of Suit and Title Search 550.00 Subtotal 122,352.8 8 Escrow 0.00 Credit Deficit 229.75 Subtotal 229.75 TOTAL S122,582.63 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds S50,000- 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. if. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of 5122,552.63, together with interest from 1211/99 at the rate of $25.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Prank Federntan FRANK FEDERMAN, ESQUIRE Diego, CA 92186.5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704.0780 C Mortgage Date: October 18, 1999 ACT 91 NOTICE TAKE ACTION T® SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUbIA INIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INIJIEDIATAJIENTE LLA,NIANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUbIERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAJIO POR EL PROGRAJIA LLA <IADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIbHR SU HIPOTECA HOMEOWNER'S NAAIE(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: MAHIBI? KENNY E. JOHNSON 144 N MIDDLESEX RD CARLISLE, PA 17013-8493 450018890 N/A GMAC Mortgage GMAC Mortgage Corporation P.O.Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 WatSdoo,lA 50704-0780 rtC gage Date: October 18, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTMCACION EN ADJUNTO ES DE SUb1A IIIPORTANCIA, PUES AFECTA SU DERECHO A CON17NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEVIDO DE ESTA NOTIFICACION OBTENGA UNA TILIDUCCION IDIMEDIATAJIENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SLY CARGOS AL NUb1ERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTANIO POR EL PROGRAINIA LLAJIADO "HOMEOWNER'S EMERGENCY bIORTGAGE ASSIST,UNCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIJHR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: EXHIBIT A" CONNIE L. LEHMAN 144 N MIDDLESEX RD CARLISLE, PA 17013.8493 450018890 N/A GMAC Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY NTTH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR E;VIERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on yourmortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consuner credit counseling agencies listed at the end of this Notice. THIS MF.F.TIN G MUST OCCUR WITHIN THE ]NEXT' (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORT ,AGr ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART O-FM S NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSFI.ING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meetim!.The namecaddresee e"nd rala..h....e .......>,_.._r A_____ .. is only necessary to schedule one 4' "Z s a ualGe it your l er end ammedrately of vote intentions. APPLICATION FOR MORTGAGE. ASSISTANCE -- Yourmort gage is in default for the reasons set forth later in this Notice (see foI I I I I I ng pages for specific information about the nature of your default.) If you have tried and are unable to re solve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeoume> s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked %vitMn thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLON THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE SIAY PROCEED AGAINST YOUR HOME Ib1bIEDIATELY MNI) YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION :lvailable fiends for emergency mortgage assistance are very limited. They evil] a disbursed by the Agency under the eligibility criteria established by the Aa. The Pennsylvania ]lousing Finance Agency has srsty (60) days to make a decision after it re ceives youar application. ]haring that time, no foreclosure pro ceedings will be puusuaed against youa if youa have met the time re quairements set forth above. You will be notified duectly by the Pennsylvania Housing Finance Agency of its decision on youu application. EXHIBIT L NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR MORh1ATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTESIPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stiff apply for Emergency Mortgage Assistance.) HOW TO CURE, YOUR INIORTGAGF. DEFAULT Brio it v to date), NATURE, OF THE. DEFAULT -- The MORTGAGE debt held b the above lenderis on our property located at: 144 N Middlesex Rd Carlisle, PA 17013-8493 IS SERIOUSLY IN DEFAULT ecause: YOU HAVE NOT MADE hfONTI ILY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: August 1, 1999 through October 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments 3,438.81 Iate Charges NSF 97.64 Inspections 0.00 Other 0.00 Suspense 0.00 TOTAL AMOUNT PAST DUE: 3,536.45 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT .. you may clue the default Within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S 3,536.45 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments m to h. m,a..:a__ ?.. __ _.- DU D GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can c u: any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not annlicable ) Not Applicable this - -- • •? • ....r. a nn ur rnula' -- If you do not crue the default within THIRTY (30) DAYS of the date ofthi Notice, the lender intends to exercise its ri hts to accelerate the mort a debt. This means that the entire outstanding balance oft is debt will be considered due mortgage in immediately and you may ose the chance to pay the monthly jnstallments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the fenderalso intends to jnstntct its attomeys to start legal action to fore Property, close Upon Your mortgaged IF THE NIORTGAGF, IS FORECLOSED UPON -_ The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. ICthe lender refers yore case to its attomeys, bett yotr crue the delingerenry before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomeys fees that were achtally inctured, erp to $50.00. However, if legal proceedings arc started against against yotr, you will have to pay all reasonable attomeys fees achrally insured by the lender even if they exceed $50.00. Any attomeys fees will be added to the amotmt you owe the lender, which may also include other reasonable costs. [f vov cure the default within eh. Ts7somv,en. ,...... gXH1BIT A OTHER LENDER REM1IE.DIF.S .- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. nnrnn wn eavorxrIs c1i.F. --If you have not cured the default within perfOmllnH any OtileT remtlrement5lmder the morteaQa. Clrring y0nr default in the manner x o in inis notice w8! restore your mortgage to the same poslton as if you had never defaulted. EARLIEST POSSIBLE. SHERIFF'S SALE DATE. -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held woudd be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of cause, the amount needed to cue the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850.4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You, should realize that a Sheriff's Sale will end your the rship of Sthe ale, a mortgaged property and your right to occupy it. If you continue to live in the property lawslt to remove you, and your fi,mishings and other belongings could be started by the lender at any time. ASS! IPTION OF MORTGAGE --You mayor may not sell or transfrry our home to a buyer feor transferee %vho es and costs are Witt assume the mortgage debt, provided that all the outstanding payments, charges and attorney's paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE. RIGHT: TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO SELL THE BORROW 10NEY0 FRO i ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD DO NOT VER ULT. (HO OCCURRED CURE HAVE CURE YOUR DIF Y EFAULT MORE THrANATHREE TIM S IN ANY CALENDAR YEAR.) THIS RIGHTTO ANT ULT IN TO ASSERT EXISTENCE FORECL ANY OTHER LAW SOUIIT INSTITUTED UNDER?ATHE MOR GAG DOCOUMENNTgROCEEDING OR TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED ?){Hl??T .??. Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5199) Lycoming.r))n.n Counts, Commission For Community Action (ST' - 38 Lincoln Sceet P) P. 0. Box 1328 WilliamsPor PA 17703 (5,0) 326-058, F'LX (570) 322.2197 CCCS of Yor'reostera prN Wi1 Basin SLreet (5700 323PM P0` 17703 FAX (570) 32 323•a-o26 C1.LNTO? N-yTY CCCS of Yor-henstern PA 1631 S Atheroa St Suite 100 State College, PA 16201 (914) 238.7668 FAY (814) 238-3669 COLU.NIBLA COLNTY CCCS of Yor_4eastern Pennsylvania 31 W. Market Street POB U27 1400 Abington E-'tecacve Park Wilkes-Barre, PA 18702 (570)821-0837or (800) 922.9537 uite I S Clarks Summit. PA 18411 FAY (570) 821-1785 (570)587.9163 or(800)922.9537 F.AX (570) 587-913-V9 r-35 Commission on Economic Opportunity of L=erse County 163 Amber Lane Wilkes-Barre, Pa 18702 (570) 826-0510 or (800) 822-0359 FAY (570) 829-1665--CALL BEFORE FA.Y iG (570) 455-4994 FLAZELTON F.AY (570) 455-5631--CAL-L BEFORE F.AYING (570) 836-4090 TL-NIM-424 LOCK Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453.5744 FAY (814) 453-5749 John F Kennedy Center, Inc. 2021 East 20th Street Erie, P.A. 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestuwn Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street P-arrisburg, PA 17101 (717) 234-5925 FAY (717) 234.9459 CRAWFORD couN-rY Greater Erie Community Action Committee 18 West 9Lh Street Erie, P.A 16501 (814) 459-4581 F.AX (814) 456-0161 Shenango Valley Urban League. Inc 601lndiana Avenue Farrell, P.A. 16121 (412) 981.5310 ' CUMBERLAND COL-74TY Financal Counseling Services of Franklin 31 West 3rd Street Waynesboro, P.A.17268 (717) 762.3285 YWCA of Carlisle 301 G Street Carlisle, FA 17013 (717) 243-3818 F.AY (717) 731.9589 Community Aeon Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (71,) 232-97 .57, FAY (717) 234-2227 Adams Ccunty Housing Authority 139-143 Carlisle St Gettpburg, PA 17325 (717) 334-1518 FAX(717)334-7325 PENNSYLVANIA BULLETIN, VOL 29, N0. 22. JUNE 5. seoo ?v`H1131T ?` ALL that certain unimproved tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys- prepared by Larry V. Neidlinger, P.E., and being dated February 22, 1987, and .tune 3, 1991. BEGINNZNC at a point in the center of L.R. 21011 North Middlesex Road at the corner of Lot 2A on the above-msntLoned survey and about to be conveyed to Robert J. Jones) Chance along Lot 2A North 84 degrees 16 minutes Want 702.59 feet to an iron pin) thence continuing along lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a Poets thence along lands Of Mrs. Harry Janes South 85 degrees, 01 minute, 56 saconds East 689.24 feet to a point In the center line of L.R. 21011 North Middleoax Read; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14 feet to a point, the place of BEGINNING. CONTAINING 1.921 acre= and being Lot P2 on the Final subdivision plan for Robert J. Jones recorded in Plan Book 55, Page 134. PREMISES: 144 NORTH MIDDLESEX ROAD IV VERIFICATION SHIRLEY J. EARS 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. ice/ /D? c /2tc?cc ?-'C DATE: °? SHERIFF'S RETURN REGULAR CASE N0: 1999-07374 P SYLVAN IA: COUNT WEALTUMBERLAND GMAC MORTGAGE CORP ETC VS. JOHNSON KENNY R ET AL Sheriff of Sheriff or Deputy KENNETH GOSSERT who being duly sworn according - MORT FORE CUMBERLAND County, Pennsylvania, was served to law, says, the within COMPLAINT the upon JOHNSON KENNY R the 15th day of December defendant, at 20:15 HOURS, on 1999 at 144 NORTH MIDDLESEX ROAD CUMBERLAND CARLISLE, PA 17013 i by handing to KENNY R. JOHNSON County, Pennsylvana, - MORT FORE a true and attested copy of the COMPLAINT and nts thereof. together with NOTICE at the same time directing His attention to the conte So answers, Sheriff's Costs: 18100 ?.¢ p 000, Docketing 3;00 service. .00 5 Affidavit 8.00 Surcharge -$ -FEDERMAN & PHELAN 12/17/1999 { by p Y i Sworn and subscribed to before me this 1y day of 36 = A.D. Pon ono ar , CASE NO: 1999-07374 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP ETC VS. JOHNSON KENNY R ET AL CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN CONNIE L the defendant, at 10:31 HOURS, on the 16th day of December 1999 at 256 W RIDGE ST CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to CONNIE JOHNSON a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer, Docketing 6.00 Service 3.10 Affidavit .00 Surcharge 8.00 R-1 ids ine, 5 eri 4117.10 FEDERMAN & PHE 12/17/1999 by e y eri f Sworn and subscribed to before me this ly Z, day of 30 ,26-t A. D. y ro ono ary zV7'-% FFDERMAN AND 131-11-1-AN 13v: PRAM:IT-DI'RMAN Identi f icatior. No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 GMAC Mortgage Corpm•ation 3451 Hammond Avenue, P.O. Waterloo, IA 50704-0780 Vs. Kenny R.Johnson 144 North Middlesex Road Carlisle, PA 17013 Connie L. Lehman 256 W. Ridge Street Carlisle, PA 17013 Boa 780 Plaintiff Defenclant(s) Attorney for Plaintiff Cumberland COUNTY COURT OF COMMON PLEAS CIVIL DIVISION :NO. 99-7374 CIVIL PRAECIPE FOR.IUDGNIENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Kenny R..lohnson and Conic L. Lehman, Defendant(s), for failure to file an Answer to Plaintifrs Complaint within 20 days from service thercol'and lot- foreclosure and sale of the mortgaged premises, and assess Plaintift's damages as follows: As set forth in Complaint Interest 12/1/99 to 1/18/00 "TOTAL S 122,582.63 51.388.17 S123,970.80 I hereby certi1%. that (1) the acich'csses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 2337.1. copy attached. PRANK FEDERMAN, ESQUIRE Attorney 1'or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9 27000 c(,.,,_.; 2. PRO PR T Y "TI Its 1'1101 Is A Dul.I' Col.I.GCrOR A'1 FENII''I-ING TO COLLECT A nlilt'I' AND ANY I.NFOR>I,%TION Olrl'AINFI) \\'11.1. IIE USED POR'nl,\'I' 1'Glil'OSIi. IF YOU HAVE AHAVE I'Rli\'IOl'SL1' ItF.CF;I\'I:11,1 nISCIIARGF; IN 11,\N6RU1''I'Cl',\NII'1'llls DE.11 ' WAS NOT Rli,\PFllt\Ilill.'nils C(IRILiisl'OSDIiN(ai IS NOT,%NI)sl IotjI.ONo'r IIF:CONS-1' In TI)TO BE. ANA'I'1'F:\II"rro Coi ICCI' A 1) E.B 1'. IIUI'O,CL\' I:NFOILCIi111iN'I' OF A 1.1EN AGA INSI'1'ROPERTY." FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA Plaintiff VS. KENNY R. JOHNSON CONNIE L. LEHMAN Defendant(s) TO: KENNY R. JOHNSON 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 6, 2000 c®Q'A i\v THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 99-7374 CIVIL h ra FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA Plaintiff VS. KENNY R. JOHNSON CONNIE L. LEHMAN Defendant TO: CONNIE L. LEHMAN 256 W. RIDGE STREET CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 6. 2000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 99-7374 CIVIL `'too 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 PROEPRTY. 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 anti 13111:1-AN Bv: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia. PA 19103 (215) 563-7000 GMAC Mortgage Corporation Plaintiff vs. Kenny R.Johnson Connie L. Lehman Defendant(s) Attorney for Plaintiff Cumberland COUNTY Court of Common Pleas : CIVIL DIVISION :NO. 99-7374 CIVIL VERIFICATION OF NON-MILITARY SERVICE PRANK FL•DHRNIAN. FSQUIRE. hereby verifies that he is attorney I'or the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 Kenny R. Johnson is over 18 years of age and resides at 144 North Middlesex Road, Carlisle, PA 17013. (c) that defendant Connie L. Lehman is over 18 years of age, and resides at 256 W. Ridge Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 7?? I ? FRANK FEDLIWAN Attorney for Plaintiff 3 FyYY,a L:.. w' (Rule of Civil Procedure No. 236 - Revised) GMAC Mortgage Corporation Plaintiff NIS. Kenny R. Johnson Connie L. Lehman Cumberland COUNI'l' Court of Common Pleas CIVIL DIVISION :NO. 99-7374 CIVIL Defendant(s) Notice is given tliut a Judgment in the above captioned matter has been entered against you on ,Ianuarv P? 2000. B>' ?i ?z 712 pc?- DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT k DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TFIAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND T HIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SI IOULD NOT IIE CONSTItUED'1'O BE AN ATTENIP'1" FO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** a ?w Q ? r L µ. crv LL L v. J ? .J /_ Q PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Plaintiff, V. No. 99-7374 Civil Kenny R. Johnson Connie L. Lehman Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: GMAC Mortgage Corporation Cumberland County Amount Due Interest from 1/18/00 - 6/7/00 (per diem - $20.37) $123.970.80 V $2.872.17 and Costs $126.842.97 TOTAL FRAN FEDE AN ESQUIRE TW ENN CENT PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property.No. Q Q rn rn a, E.. wQ o; a w z z z O z ?a OF Uz OOU za Oa w W Fp z? U c 0 rte. 0 L 0 U u L 0 U r? V i N E cs 'C u °a a .a C C u C xU z O F a W? w`= w O u F ? ?w ?i bq 0 c W? aV U W 9 a v w u a.od 03 UevU cl a x u C C ? s h at L O ?z u -Tr x2 N 4 v Q M .ti 0 d a H U Z y d p E v A a v s 3 F-: _: DESCRIPTION ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V. Neidlinger, P.E., and being dated February 22, 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the corner of Lot 2A on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and comer of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011, North Middlesex Road; thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a point, the place of beginning. Tax Parcel # 21-06-0017-026B TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955. t9 e s L GMAC Mortgage Corporation V. Kenny R. Johnson Connie L. Lehman Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-7374 Civil AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC Mortgage Corporation, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 144 North Middlesex Road. Carlisle, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Kenny R. Johnson 144 North Middlesex Road Carlisle, PA 17013 Connie L. Lehman 256 West Ridge Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 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.) Fairfax Mortgage 7133 Rutherford Road Corporation Baltimore, MD 21244 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 144 North Middlesex Road Carlisle, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 18 2000 T DATE F ED y for Plainti f cl; FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 GMiAC Mortgage Corporation V. Plaintiff, Kenny R. Johnson Connie L. Lehman Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-7374 Civil FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRAN FEDERM N, ES UIRE Attor ey for Plaintiff 1 ::? :' : - ? ?:: ? , , ;:: GMAC Mortgage Corporation Plaintiff, V. Kenny R. Johnson Connie L. Lehman Defendant(s). TO: Kenny R. Johnson 144 North Middlesex Road Carlisle, PA 17013 CUMBERLAND COUNTY No. 99-7374 Civil February 18, 2000 Connie L. Lehman 256 W. Ridge Street Carlisle, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 144 North Middlesex Road. Carlisle PA 17013, is scheduled to be sold at the Sheriffs Sale on June 712000 at 10:00 a.m. in the Cumberland County Courhtouse , South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment 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. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. a? You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V. Neidlinger, P.E., and being dated February 22, 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the corner of Lot 2A on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011, North Middlesex Road; thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a point, the place of beginning. Tax Parcel # 21-06-0017-026B TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955. FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215)563-7000 ATTORNEY FOR PLAINTIFF GMAC Mortgage Corporation VS. Kenny R. Johnson Connie L. Lehman Plaintiff Defendant(s) Cumberland County Court of Common Pleas CIVIL DIVISION NO. 99-7374 Civil CERTIFICATION OF SERVICE Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in this action and that a true and correct copy of the within pleading was sent toathe following interested parties on the date indicated below by first class mail, postage prepaid: Kenny R. Johnson Connie L. Lehman 256 W. Ridge Ave Carlisle, PA 17013 Date: 3ra k Federm , Esq. Attorney for Plaintiff 1 /:-: c C ?: -lN 1: U GMAC Mortgage Corporation -vs- Kenny R. Johnson and Connie L. Lehman In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-7374 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 10.05 Advertising 15.00 Posting Bills 15.00 Law Library .50 County 1.00 Mileage 6.20 Certified Mail 3.35 Levy 15.00 Postpone Sale 20.00 Surcharge 30.00 Law Journal 136.75 Partiot News 204.66 Share of Bills 24.80 $512.31 Pd by Atty 5/24/00 So answep: } l Sworn and subscribed to before me R. Thomas Kline, Sheriff This '7'7 day of tL' . 2000, A.D. r honotary Real Estate Deputy ??.,? 1•'J Gic?J6'c??l GMAC Mortgage Corporation V. Plaintiff, Kenny R. Johnson Connie L. Lehman Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-7374 Civil 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 144 North Middlesex Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Kenny R. Johnson 144 North Middlesex Road Carlisle, PA 17013 Connie L. Lehman 256 West Ridge Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None n-.- - J' JYW 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.) Fairfax Mortgage 7133 Rutherford Road Corporation Baltimore, MD 21244 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 144 North Middlesex Road Carlisle, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 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. Februarv 18. 2000 DATE F NK FED RMA ,ESQUIRE ?' Att mey for Plaintit`f GMAC Mortgage Corporation Plaintiff, V. Kenny R. Johnson Connie L. Lehman Defendant(s). TO: Kenny R. Johnson 144 North Middlesex Road Carlisle, PA 17013 CUMBERLAND COUNTY No. 99-7374 Civil February 18, 2000 Connie L. Lehman 256 W. Ridge Street Carlisle, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 144 North Middlesex Road, Carlisle PA 17013, is scheduled to be sold at the Sheriffs Sale on June 7, 2000 at 10:00 a.m. in the Cumberland County Courhtouse, 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. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. A y ; You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V. Neidlinger, P. E., and being dated February 22, 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the comer of Lot 2A on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011, Nort h Middlesex Road; thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a point, the place of beginning. Tax Parcel # 21-06-0017-026B TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-7374 CIVIL W Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation from Kenny R. Johnson, 144 North Middlesex Road, Carlisle, PA 17013 and Connie L. Lehman, 256 W. Ridge Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell_ See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the 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) notlevieduponan subjectlo attachment isfound in the possession of anyoneother 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. Amount Due 5123.970.90 Interest from 1/18/00-6/7/00 per diem $20.13 -$2;872.17 L.L. 50 Atty's Arty Paid $118.20 Plaintiff Paid Date: February 25, 2000 REQUESTING PARTY: Due Prothy $1.00 Other Costs Curtis R. Prothonotary, Civil Division - Deputy Name Frank Federman, Esq. TRUE COPY FROM RECORD Address: Two Penn Center Plaza, Suite 900 In T9S:iii ltl`; wharoof, I hare v--o sit my harl(I Philadelphia, PA -19102 and thi soul Gt S31, Cm lisle, Pa. Attorney for: Plaintif f Till ay f -. o All Telephone: 215-563-7000--??-? P thonotary Supreme Court ID No. 12248 -' REAL ESTATE SALE No. I' On Fd ? d %, av--O the sheriff levied u;;on the dEicr;dam i Interest in the real property situated in.J4- .? Cumnberl?land County, Pa., known and numbered as: /N'( 0,' M O_ / and more fully described on Exhibit "A'' filed with a-Wo 0 this writ and by this reference incorporated herein. Bate: `; dr7l By JUN 14 2000 ) FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC Mortgage Corporation Plaintiff VS. Kenny R. Johnson Connie L. Lehman : Cumberland County : Court of Common Pleas : CIVIL DIVISION : NO. 99-7374 Civil Defendant(s) ORDER TO VACATE JUDGMENT AND NOW, this IS' day of %An. 6 , 2000, after consideration of Plaintiff s Motion to Vacate Judgment, it is hereby ORDERED AND DECREED that the judgment entered on January 19.2000 in the amount of 5123. 970.80 is VACATED without prejudice. BY THE OURT: RKS Niiv 1 FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215)563-7000 ATTORNEY FOR PLAINTIFF GMAC Mortgage Corporation Plaintiff VS. Cumberland County Court of Common Pleas CIVIL DIVISION Kenny R. Johnson Connie L. Lehman Defendant(s) : NO. 99-7374 Civil MOTION TO VACATE JUDGMENT Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for an Order to vacate judgment in the above captioned matter and in support thereof avers the following: 1. Judgment was entered in favor of Plaintiff in this mortgage foreclosure on January 19,2000 in the amount of $129, 970.80. 2. Due to reinstatement of Defendants' account, Plaintiff petitions the Court to vacate the judgment in the instant matter. 3. Plaintiff petitions the Court to vacate the judgment described above without prejudice. WHEREFORE, Plaintiff respectfully requests that the judgment be vacated without prejudice. FEDERMAN AND PHELAN 13 ank Federt an, Esq. Attorney for Plaintiff i «' r_ 1 rj: O V , - J 1