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HomeMy WebLinkAbout03-3621BLUE CHIP FEDERAL CREDIT UNION Plaintiff SHIRLEY A. KIMMEL Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 1N 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 BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 BLUE CHIP FEDERAL CREDIT UNION Plaintiff SHIRLEY A. KIMMEL Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. F__,~,~ CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE The Plaintiff, BLUE CHIP FEDERAL CREDIT UNION, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant, SHIRLEY A. KIMMEL, to recover the sum of FIFTY- NINE THOUSAND, ONE HUNDRED EIGHTEEN DOLLARS AND SEVENTY-FOUR CENTS ($59,118.74), along with interest thereon at 9.75% per annum from July 29, 2003, upon a cause of action of which the following is a statement: 1. The Plaintiff, BLUE CHIP FEDERAL CREDIT UNION, is a credit union organized and existing under Federal laws, having its principal office and place of business at 5050 Derry Street, Harrisburg, Pennsylvania 17111. 2. The Defendant, SHIRLEY A. KIMMEL, is an adult individual residing at 334 Charles Road, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. F:\USER\BONNIEJO\BLUECH P\FORECL\K MMEL\03159compl.wpd:29Ju103 I 3. On or about May 17, 1995, Defendant, along with her now deceased spouse, one Clair F. Kimmel, did apply to for a real estate loan (mortgage). A true and correct copy of said Application is attached hereto, made a part hereof, and marked as Exhibit "A". 4. The aforesaid Clair F. Kimmel is deceased, and title to the subject property vested solely in Shirley A. Kimmel, Defendant herein. 5. On or about July 5, 1995, in order to secure the loan applied for as aforesaid, Defendant did execute a Mortgage securing property as referenced in Deed Book C-29, Page 523, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Blue Chip Federal Credit Union, in the amount of Sixty-Seven Thousand ($67,000.00) Dollars, with interest thereon. A true and correct copy of said Mortgage is attached hereto, made a part hereof, and marked as Exhibit "B". 6. In order to further secure said loan, on or about July 5, 1995, Defendant did additionally execute a Note and Disclosure Statement in the amount of Sixty-Seven Thousand ($67,000.00) Dollars. A true and correct copy of said Note and Disclosure Statement is attached hereto, made a part hereof, and marked as Exhibit "C". 7. Defendant has defaulted on the payment terms of the aforesaid Mortgage and Note, and is indebted to Plaintiff in the amount of Forty-Six Thousand, Eight Hundred Sixty-Four Dollars and Seventy-Three Cents ($46,864.73), as evidenced by Plaintiff's Statement of Account attached hereto, made a part hereof, and marked as Exhibit "D". F:\USER\BONNIEJO\BLUECHIP\FORECL~KIMMEL\03159compl,wpd:29Ju103 2 8. Due to Defendant's default in the payment terms as aforesaid, interest has been accruing, and continues to accrue, at the rate of 9.75% per annum from July 29, 2003. 9. The balance due and owing by Defendant to Plaintiff is the sum of Forty-Nine Thousand, Two Hundred Sixty-Five Dollars and Sixty-Two Cents ($49,265.62), plus interest at 9.75% from July 29, 2003, as appears by the Statement of Account herein referenced and marked as Exhibit "D". 10. Attached hereto, made a part hereof and marked as Exhibits "E" and "F" respectively are the Act 6 and Act 91 Notices which were sent to Defendant. 11. Attached hereto, made a part hereof and marked as Exhibits "G" and "H" respectively are the postal Return Receipt Cards evidencing Defendant's receipt of said Notices. 12. Pursuant to the terms and conditions of the documentation attached hereto as Exhibits "A" and "B" and made a part hereof, and due to Defendant's default in payment of the monies owed aforesaid, attorney's fees have been added to said account in the mount of Nine Thousand, Eight Hundred Fifty-Three Dollars and Twelve Cents ($9,853.12). 13. The total amount due and owing by Defendant to Plaintiff is Fifty-Nine Thousand, One Hundred Eighteen Dollars and Seventy-Four Cents ($59,118.74). F:\USER\BONNIEJO\BLUECHIP\FORECL\KIMMEL\03159compl.wpd:29Ju103 3 04/17/2o03 08:1:~ ~ 888 04/'t7/2003 08:59 7i?sr-4t469 I/We ~emby a~p y for a t~n in ~e amount et $ ~ ~ by the/ol~wing pro~ J~4 Cb~)~' ~ a flint or se~nd lien m~ga~. The pu~ of the loan is BLUE CHIP FCU PAGE 84 ATLaNTic ~ 002/00? ~ID iI~..~ CM~P PCU .P~ 82 REAL ESTATE LOAN APPLICATION PLEASE~INTININKIAPPUCATIQN MUST BE RL~DIN~MPL~ that will be secured Upon approval of the loan I/we ~lsh to repay r-] weekly, [] bi-weeldy O semi-monthly ~t~ monthly by ~fio~ [~ Net PaY d'lrect de~)~.sit [] Mm'l r'l AutotoXic Tran~er from Share Aoeount .4; 04/17/2003 08:13 Fk[ $~ 338667& 04/17/'2083 08:59 7175541459 ........ BLUE CHZP FCU P~GE 85 [!Bcm 7~zV Itu $ $ $ '";P'9, o.8 $ $ $ ARE YOU UNDER AGE ai ? ~II o No 0~/17/~003 08:14 F~I 888 33~$$?~ 04/%7Z2003 0~:§~ BLUE CHIP FCU PAGE 88 ~ID ATLA~TI C ~006/007 i BLUE CHIP FCU PASE 85 privileges, he~ditm~nls a~l appun~um~, wb~t~m~et ~n ~i~, ~ for ~ ~ or ~l~ of M~, or llml~ ~ ~ ~o~ ~ ~ ~ ~ s~l bind '~. ~~_~__,.~ ........ ................ / ~8299B 04/.~.7/2003 09:36 7175~414~9 0&/17t2oo3 08:15 FM[. 8t8, 311~6§78 04117/~.003 ~8:5~ ?175~,4;~4r~9 Note and Disclosure Statement 9 BLUE OHIP FCU ~fID ATL~I ¢ _~ No; why PAGE 89 ~oo?/oo? PA6E 04 87/29/2885 15:41 7175841489 07129/33 ACCOUNT 7798 CkSE CHECK TRANSACTION ENTRY SFX i TC a I PO INITIALS MCT 7798 0 TRAN AMOUNT F:EF ~ SHIRLEY A KIMMEL 334 CHARLES ROAD MECHANICSBURG, PA 206-32-0641 PASSWORQ BRANCH 17055 6-02-1942 BLUE CHID 0 MAIL CODE: FAM PHONE: 717 761-8978 SFL: PAYOFF AS OF 07-29-03 PRINCIPAL 46864.73 INTEREST 2400.89 LOAN PAYOFF 49265.62 LATE FEES : TOTAL PAYOFF: 49265.62 DAILY INT : 12.5187 (A}pply pmt change payoff (D)ate (P)rint press ENTER to exit ONLINE I C332 I PAGE 1 81 VIA CERTIFIED MAIL NO. 70020460000271031746 TO: SHIRLEY L. KIMMEL 334 CHARLES ROAD MECHANICSBURG PA 17055 FILE COPY ACT 6 OF 1974 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by BLUE CHIP FEDERAL CREDIT UNION (hereinafter we, us or ours) on your property located at: 334 CHARLES ROAD, TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $709.69 for the months of February. 2003, to the present. Late charges (and other charges) have also accrued to this date in the amount of $ N/A. The total mount now required to cure this default, or in other words, get caught up in your payments, as of April 22, 2003, is $2,129.07. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, bv paying to us the above amount of $2,129.07, plus anv additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Robert D. Kodak, Esquire, Attorney for Blue Chip Federal Credit Union Post Office Box #11848 Harrisburg, PA 17108-1848 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed f offthe original mortgage in monthly · inst~illments. If full payment of the amount o fdefault is not made within THIRTY (30) DAYS', we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged properW. If the mortgage is foreclosed, Your mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the costs of the proceedings against you, and you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, iflegai proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thir~ day period, vou will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's foreclosure sale. You may do so bv paving the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a SherifFs sale could be held would be approximately December 10, 2003. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 238-7151. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your fight to remain in it. l[f you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Robert D. Kodak, Attorney for Blue Chip Federal Credit Union CC MARY CARROLL COLL MGR BLUE CHIP FEDERAL CREDIT UNION 5050 DERRY STREET HARRISBURG PA 17111 (via regular U.S. mail only) TO: SHIRLEY L. KIMMEL 334 CHARLES ROAD MECHANICSBURG PA 17055 FILE ACT 6 OF 1974 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by BLUE CHIP FEDERAL CREDIT UNION (hereinafter we, us or ours) on your property located at: 334 CHARLES ROAD, TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, IS IN SEPdOUS DEFAULT because you have not made the monthly payments of $709.69 for the months of February. 2003. to the present. Late charges (and other charges) have also accrued to this date in the amount ors N/A. The total mount no;v required to cure this default, or in other words, get caught up in your payments, as of April 22, 2003, is $2,129.07. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, by paving to us the above amount of $2,129.07, plus any additional monthly payments and late charge which mav fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Robert D. Kodak, Esquire, Attorney for Blue Chip Federal Credit Union Post Office Box #11848 Harrisburg, PA 17108-1848 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage uavments. This means that whatever is owing on the original mount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaffed ;~roperty. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If~ve refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the costs of the proceedings against you. and you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. Ho~vever. if legal proceedings are started against you. you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you o~ve us, which may also include our reasonable costs, lfvou cure the default within the thirty day period, you will not be required to pay attornev's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's foreclosure sale. You may do so bv paving the total amount of the unpaid monthly payments plus anv late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage, it is estimated that the earliest date that such a Sheriff's sale could be held would be approximately December 10, 2003. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following nttrnber: (717) 238-7151. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE 'MOI~TGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Dated: ~')~//~ By: Robert D. Kodak, Attorney for ~-. Blue Chip Federal Credit Union MARY CARROLL COLL MGR BLUE CHIP FEDE1LA. L CREDIT UNION 5050 DERRY STREET HARRISBURG PA 17111 VIA CERTIFIED MAIL NO. 70020460000271031753 ACT 91 NOTICE TAKE ACTION TO SAVK_ YOUR HOME FROM -FILE FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397 LANOTOFICACION EN ADYUNTO ES DE SUMA IMPORTANCIA, pLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA LIN PRESATMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECHA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEO'~¥qNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: April 25, 2003 Re: Account No. 7798 TO: SHIRLEY A KIMMEL 334 CHARLES ROAD MECHANICSBURG PA 17055 FROM: ROBERT D. KODAK, ESQUIRE ATTOP~NEY FOR BLUE CHIP FEDERAL CREDIT UNION You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days af;er the date of this meeting. The name, address and telephone number of our representative is: ROBERT D. KODAK, ESQUIRE KNUPP, KODAK & IMBLUM, P.C. 407 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 238-7151 The name and address of a designated consumer credit counseling agency is COMMUNITY ACTION COMMISSION OF THE CAPITAL REGION 1514 DERRY STREET HARRISBURG, PA 17104 (717) 232-9757 FAX: (717) 234-2227 ATTENTION: GERALD BURKE CONSUMER CREDIT COUNSELING SERVICE OF WESTER PA., INC. 2000 LINGLESTOWN ROAD HARRISBURG, PA 17110 (717) 541-1757 FINANCIAL COUNSELING SERVICE OF FRANKLIN COUNTY 31 WEST THIRD STREET WAYNESBORO, PA 17268 (717) 762-3285 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 NORTH SIXTH STREET HARRISBURG, PA 17110 (717) 234-5925 FA'K: (717) 232-4985 ATTENTION: VALERIE SIMON YWCA OF CARLISLE 301 G STREET CARLISLE, PA 17103 (717) 243-3818 FAX: (717) 243-3948 ATTENTION: PAMELA LINE It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest as required, for a period of at least sixty (60) days. The total amount of the delinquency is $2,129.07. That sum includes the following: Principal $ 929.97 Interest $ 1,199.10 Late Charges $ N/A Total $ 2,129.0_Z7 Your mortgage is als() in default for the following reasons: N/A If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designate consumer credit counseling agencies listed herein. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face- to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you will also receive another notice from this lender under Act 6 of I974. That notice is called a "Notice of Intention to Foreclosure." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Robert D. Kodak Attorney for Blue Chip Federal Credit Union RDK/bjh CC MARY CARROLL COLL MGR BLUE CHIP FEDERAL CREDIT UNION 5050 DERRY STREET HARRISBURG PA 17111 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397 LANOTOFICACION EN ADIUNTO ES DE SUMA I~MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESATMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE AS SISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECHA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELl> YOU MAKE FUTURE MORTGAGE PAYMENTS Date: April 24, 2003 Re: Account No. 7798 TO: SHIRLEY A KIMMEL 334 CHARLES ROAD MECHANICSBURG PA 17055 FROM: ROBERT D. KODAK, ESQUIRE ATTORNEY FOR BLUE CHIP FEDERAL CREDIT UNION You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: ROBERT D. KODAK, ESQUIRE KNUPP, KODAK & IMBLUM, P.C. 407 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 238-7151 The name and address of a designated consumer credit counseling agency is COMMUNITY ACTION COMMISSION OF THE CAPITAL REGION 1514 DERRY STREET HARRISBURG, PA 17104 (717) 232-9757 FAX: (717) 234~2227 ATTENTION: GERALD BURKE CONSUMER CREDIT COUNSELING SERVICE OF WESTER PA., INC. 2000 LINGLESTOWN ROAD HARRISBURG, PA 17110 (717) 541-1757 FINANCIAL COUNSELING SERVICE OF FRANKLIN COUNTY 31 WEST THIRD STREET WAYNESBORO, PA 17268 (717) 762-3285 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 NORTH SIXTH STREET HARRISBURG, PA I7110 (717) 234-5925 FAX: (717) 232-4985 ATTENTION: VALERIE SIMON YWCA OF CARLISLE 301 G STREET CARLISLE, PA 17103 (717) 243-3818 FAX: (717) 243-3948 ATTENTION: PAMELA LINE It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest as required, for a period of at least sixty (60)days. The totai amount ofthe delinquency is $2,129.07. That sum includes the following: Principal $ 929.97 Interest $ I, 199.10 Late Charges $ N/A Total $ 2,129.07 Your mortgage is also in default for the follo~ving reasons: N/A If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designate consumer credit counseling agencies listed herein. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face- to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you will also receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclosure." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly~ ,PC Robert D. Kodak Attorney for Blue Chip Federal Credit Union RDK/bjh CC MARY CARROLL COLL MGR BLUE CHIP FEDERAL CREDIT UNION 5050 DERRY STREET HARRISBURG PA 1711 l · Complete items 1, 2, and 3. Also complete · Print item 4 if your Restricted name andDelivery addressiS o, desired.the reverse · Attach this card to the back of the mailpiece, or on the front if space permits. ~ of Delivery I'~ Yes '~ / 3..S ice Type ~ertified Mail r-i Express Mail [] Registered r-I Return Receipt for Merchandise [] Insured Mail [] C.O.D 4. Restricted Deliver'? (E~tra Fee) [] Yes 2. A~icleNumbet(Copyfromservicel 7002 0460 [3002 7103 1746 PS Form 3811, July 1999 Domestic Return Rece$D~ 102595-99-M-1789 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of th~ mailpiece, or on the front if space permits. 1. Article Addressed to: X 3. Service Type ..r_l[l~, Certified Mail Registered [] Insured Mail 4. Restricted Delivery? (Extra F6e) 2, ArticleNurnber(Copyfrot~lse~viceia 7002 0460 0002 7103 1753 ,{~ Addressee ~ Yes [] Express Mail I--I Return Receipt for Merchandise E~] Yes . ., , PS Form 381 1, July 1999 Domestic Return Receipt 1025~5-99~M- 1789 r 07/29/2809 15:41 71756414S9 JUL L~9 '~3 ~:25PM K~ & KODAK PC P.6 PAGE 82 V~RIFICATION of BLUI~ CHIP FED~ CP~DIT UNION, verify thelthe ~tstement~ ~ i~ the ~f. ore~oi,~ documem ~e tree and ~orreot. I under~taml that false statement~ herein areimade subject to the penalties of 18 Pa. C. S. §4904, r~lati~g to un~wom falsification to m.ghorit/es. BLUE ~ FEDERAL CREDIT UNION Dated: '~-~. 0~ 3030159 P~\~ $.--R~.~I~ONNIE~O~LUEC. HI]~RF~L~iEL~)~ 1 ~ ~ompI.~d:g,g.~t 103 SHERIFF'S RETURN - REGULAR CASE NO: 2003-03621 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLUE CHIP FEDERAL CREDIT UNION VS KIMMEL SHIRLEY KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, KIMMEL SHIRLEY A DEFENDANT , at at 334 CHARLES ROAD MECHANICSBURG, PA 17055 SHIRLEY A KIMMEL a true and attested copy of the within COMPLAINT - MORT FORE 1233:00 HOURS, on the was served upon 1st day of August by handing to the ., 200__ 3 COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10o00 37.66 Sworn and Subscribed to before me this ~ ~ day of A.D. ~fothonot ary ' ~ So Answers: R. Thomas Kline 08/04/2003 KNUPP KODAK IMBLUM BLUE CHIP FEDERAL CREDIT UNION Plaintiff SHIRLEY A. KIMMEL Defendant TO: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-362l CIVIL CIVIL DIVISION - LAW PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant, SHIRLEY A. KIMMEL, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint Interest from 7/29/03 at the rate of 9.75% per annum Attorney's Fees ~ 5% (amended from 20% in Plaintiff's Complaint) $49,265.62 $ 500.08 $ 2,465.81 Total $52,231.51 It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant and her attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached. DATED: ~M, P.C.._ Robert D. Kodak, Attorney for Plaintiff Attorney I.D. No. 18041 Judgment entered and damages assessed as above. Prothonotary Robert L. Knupp Robert D. Kodak Ga~ J. Imblum Of Counsel Mark A. Mateya MS SHIRLEY A KIMMEL 334 CHARLES ROAD MECHANiCSBURG PA 17055 LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7151 Facsimile: 717/238-7158 emaih kki.law~verizon.net August 25, 2003 Robert E. Knupp 11909-1976) Robert Pl. Maurer (1923-1998) RE: VS: Blue Chip Federal Credit Union Shirley A. Kimmet Our File No. 3-03-0159 No. 03-3621 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Ms. Kimmel: In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. RDK/bjh enclosure CC JAMES M BACH ESQUIRE 352 S SPORTING HILL ROAD MECHANICSBURG PA 17055 Robert D. Kodak robert, kodakC_, verizon.net (w/enclosure) MARY CARROL COLL MGR BLUE CHIP FEDERAL CREDIT U 5050 DERRY STREET HARRISBURG PA 17111 BLUE CHIP FEDER.~.L CREDIT UNION Plaintiff SHIRLEY A. KIMMEL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-362I CIVIL CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: SHIRLEY A. KIMMEL, Defendant DATE OF NOTICE: Auwast 25. 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 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 BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PRAECIPE FOR WRIT OF EXECUTION -- (t4ORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BLUE CHIP FEDERAL CREDIT UNION Plaimiff VS. SHIRLEY A. KIMMEL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3621 CIVIL PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/05/03 ~9.75% p/annum Note: Please furnish description of Propetty. $ 52~231.51 $ and all costs Robert D. Kodak, Attorney for Plaintiff BLUE CHIP FEDERAL CREDIT UNION Plaintiff VS. SHIRLEY A. KIMMEL Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : IN MORTGAGE FORECLOSURE : NO. 03-3621 AFFIDAVIT PURSUANT TO RULE 3129.1 BLUE CHIP FEDERAL CREDIT UNION, Plaintiff in the above action, sets forth as of the date the issued Writ of Execution was filed, the following information concerning the real property located at Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A" attached. Name and Address of Owners or Reputed Owners: Name CLAIR F. KIMMEL, JR. (deceased) and SHIRLEY A. KIMMEL Address 344 CHARLES ROAD MECHANICSBURG, PA 17055 Name and Address of Defendants in the judgment: Name SHIRLEY A. KIMMEL Address 334 CHARLES ROAD MECHANICSBURG, PA 17055 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name BLUE CHIP FEDERAL CREDIT UNION Address 5050 DERRY STREET HARRISBURG, PA 17111 TAX CLAIM BUREAU COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Name and Address of the last recorded holder of every mortgage of record: Narrle BLUE CHIP FEDERAL CREDIT UNION Address 5050 DERRY STREET HARRISBURG, PA 17111 CONSECO FINANCIAL DISCOUNT CO. % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 NORTH PENNSYLVANIA STREET CARMEL, IN 46032 GREENTREE CONSUMER % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 NORTH PENNSYLVANIA STREET CARMEL, IN 46032 CONSECO FINANCIAL DISCOUNT CO. 2O2324226 % CALVARY PORTFOLIO SVCS. ASSIGNEE FOR CONSECO FINANCIAL POST OFFICE BOX 472087 TULSA, OK 74145 Name and Address of every other person who has any record lien on their property: Name Address N/A 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 HAMPDEN TOWNSHIP TAX COLLECTOR Address 5000 CREEKVIEW ROAD MECHANICSBURG, PA 17055 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 Address N/A I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, infbrmation or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: September 5, 2003 Robert D. Kodak Knupp, Kodak & Imblum, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Robert L. Knupp Robert D. Kodak GaT J. Imblum LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 7171238-7151 Facsimile: 717/238-7158 email: kki.law~verizon.net robert, kodak(~verizon.net Robert Ewing Knupp (1909-1976) Robert H. Maurer (1923-1998) NOTICE TO: SHIRLEY A. KIMMEL 344 CHARLES ROAD MECHANICSBURG PA 17055 CONSECO FINANCIAL DISCOUNT CO % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 N PENNSYLVANIA STREET CARMEL IN 46032 GREENTREE CONSUMER % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 N PENNSYLVANIA STREET CARMEL IN 46032 CALVARY INVESTMENTS ASSIGNEE FOR CONSECO FINANCIAL POST OFFICE BOX 473087 TULSA OK 74145 TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 HAMPDEN TOWNSHIP TAX COLLECTOR 5000 CREEKVIEW ROAD MECHANICSBURG PA 17055 NOTICE IS HEREBY GIVEN to the Defendm~t in the within action and those parties who hold one or more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within County on the judgment of the Plaintiff named herein, the said real estate will be exposed to public sale on Wednesday, the 10th day of December, 2003, at 10:00 a.m., prevailing time, at the Cumberland County Courthouse, Hanover & High Streets, Carlisle, Pennsylvania 17013. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the Sale for a grossly inadequate price or for other proper cause. This Petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A Petition or Petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The Petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the Petition. Ifa specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the Petition to the Court. KNUPP, KODAK & IMBLUM, P.C. by: Ro~ ~ K~~~~~ Attorney for Blue Chip Federal Credit Union BLUE CHIP FEDERAL CREDIT UNION Plaintiff SHIRLEY A. KIMMEL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3621 CIVIL : : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sherift's Sale of Real Property (real estate) will be held: DATE: Wednesday, December 10, 2003 TIME: 10:00 a. m., prevailing time LOCATION: Courthouse, Hanover & High Streets, Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements on the land. (SEE DESCRIPTION ATTACHED AS EXHIBIT "A") THE LOCATION of the property to be sold is: 344 Charles Road, Hampden Township, Cumberland County, Pennsylvania THE JUDGMENT nnder or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: 03-3621 Civil, Court of Common Pleas Cumberland County, Pennsylvania KNUPP, KODAK & IMBLUM, P.C. by: ~ Robert D. Kodak Attorney for Blue Chip Federal Credit Union EXHIBIT "A" ALL THAT CERTAiN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Ronald A. Raffensperger, Registered Surveyor, dated August 20, 1980, as follows, to wit: BEGINNING at a point along the westerly line of Charles Road at which point is 320.0 feet south of the intersection of Charles and Delbrook Roads; thence continff~ng along the westerly line of Charles Road, S. 04° Off E. a distance of 65.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line S. 86° Off W., a distance of 120.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 6 on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 04° 00' W. a distance of 65.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 17 on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 86° 00' E. a distance of 120.0 feet to an iron pin along the westerly line of Charles Road, the place of Beginning. BEING Lot No. 18, Block 8, Plan No. 1 of Delbrook Manor recorded in Plan Book 6 at Page 42, and having thereon erected a one and one-half story brick and framed dwelling house, known as 334 Charles road. BEING THE SAME PREMISES which Ronald E. Stine and Nancy M. Stine, his wife, by their Deed dated September 9, 1980, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on September 17, 1980 in Book "C" 29 at Page 523 granted and conveyed unto Clair F. Kimmel, Jr. and Shirley A. Kimmel, his wife. The said Clair F. Kimmel, Jr. died thereby vesting full time in the said Shirley A. Kimmel. KIMMEL LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Ronald A. Raffensperger, Registered Surveyor, dated August 20, 1980, as follows, to wit: BEGINNiNG at a point along the westerly line of Charles Road at which point is 320.0 feet south of the intersection of Charles and Delbrook Roads; thence continuing along the westerly line of Charles Road, S. 04° 00' E. a distance of 65.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line S. 86° 00' W., a distance of 120.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 6 on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 04° 00' W. a distance of 65.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 17 on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 86° 00' E. a distance of 120.0 feet to an iron pin along the westerly line of Charles Road, the place of Beginning. BEING Lot No. 18, Block 8, Plain No. 1 of Delbrook Manor recorded in Plan Book 6 at Page 42, and having thereon erected a one and one-half story brick and framed dwelling house, known as 334 Charles road. BEING THE SAME PREMISES which Ronald E. Stine and Nancy M. Stine, his wife, by their Deed dated September 9, 1980, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on September 17, 1980 in Book "C" 29 at Page 523 granted and conveyed unto Clair F. Kimmel, Jr. and Shirley A. Kimmel, his wife. The said Clair F. KimmeL Jr. died thereby vesting full time in the said Shirley A. Kimmel. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3621 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BLUE CHIP FEDERAL CREDIT UNION Plaintiff (s) From SHIRLEY A. KIMMEL, 334 CHARLES ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED. (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 enjoined fi.om paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defandant(s) not levied upon an subject to attachment is found in the possession &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 $52,231.51 Interest FROM 09/05/03 ~ 9.75% P/ANNU2M Atty's Corem % ARy Paid $119.66 Plaintiff Paid Date: 9/9/03 (Seal) REQUESTING PARTY: L.L.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy Name ROBERT D. KODAK, ESQUIRE Address: 407 NORTH FRONT STREET, P O BOX 11848, HARRISBURG, PA 17108 Attorney for: BLUE CHIP FEDERAL CREDIT UNION Telephone: (717) 238-7159 Supreme Court ID No. 18041 BLUE CHIP FEDERAL CREDIT UNION Plaintiff SHIRLEY A. KIMMEL Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3621 CIVIL CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please file the attached original Postal Service Forms 3817, along with the accompanying Certificate of Service, to the above term and number. TO Cumberland County Prothonotary Dated: October 1,2003 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff 0~0 ~ U.S. POSTAL SERVICE CERTIFICATE OF MAIL MAY BE USED FOR DCMESTIC AND ~NTERNATIONAI. MAIL, DOES NO' PROVIDE FOR INSURANCE-POSTMASTER ~[~UPP, KODAK & IMBLUM, P.C. ~.~a~ce.~ ordinary mail addressed to; PS Form 3817, January 2001 rips d U.S. POSTAL SERVICE CERTIFICATE OF MAIUN* PROVIDE FOR INSURANCE-POSTMASTER R~""K'~'~;PP, KODAK & IMBLUu D ~- '' ~" 407 NORTH FRONT ~:T~"~.:'". ~ .... "~..'x ~ .~'/ HARRISBURG PA 171~-~. PS F~ ~17, Janua~ 2~I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIOE FOR INSURANCE-POSTMASTER PS Fo~m 3~17. January 2001 Robe. L, Knupp Robe~ D. Kodak Ga~ J, Imbtum KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE 8OX 11848 HARRISBURG, PA 17108-'1848 Telephone: 7171238.7151 Facsimile: 717/238.7158 email: kkLlaw@verizon.net robe~kodak@vsrizon.net C,' x Ewm K,.p, \k_.Y/LJ- II Robe. H, .aurar ~ U (1923-1998) NOTICE TO: SHIRLEY A. KIMMEL 344 CHARLES ROAD MECHANICSBURG PA 17055 CONSECO FINANCIAL DISCOUNT CO % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 N PENNSYLVANIA STREET CARMEL IN 46032 GREENTREE CONSUMER % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 1 ! 825 N PENNSYLVA~NIA STREET CARMEL IN 46032 CALVARY INVESTMENTS ASSIGNEE FOR CONSECO FINANCIAL POST OFFICE BOX 473087 TULSA OK 74145 TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 HAMPDEN TOWNSHIP TAX COLLECTOR 5000 CREEK'VIEW ROAD MECHANICSBURG PA 17055 NOTICE IS HEREBY GIVEN to the Defendant in the ;vithin action and those parties who hold one or more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue ora Writ of Execution issued out of the Court of Common Pleas o~' the within County on the judgment of the Plaintiff named hereim the said real estate will be exposed to public sale on Wednesday, the 10th day of December, 2003. at I0:00 a.m_ prevailing time, at the Cumberland County Courthouse, Hanover & High Streets. Carlisle, Permsytvania 17013. YOU ARE FURTHER NOTIFIED that the Hen you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. THIS PAPER IS A NOTICE OF THE TIME AND PLACE 'OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A la~wer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal del=ct in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the Sale for a grossly inadequate price or for other proper cause. This Petition MUST BE FILED BEFORE THE SHERItF'S DEED IS DELIVERED. 3. A Petition or Petitions raising the legal issues or rights rr, entioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The Petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the Petition. [~'a specific return dale is desired, such date must be obtained from the Court Administrator's Of'rice - Civil Division, of the within Count.,, Courthouse. before a presentatiort of'the Petition to the Court. KNUPP. KODAK & [MBLUM. ?.C. Robert D. Kodak Attorney for Blue Chip Federal Credit Union BLUE CHIP FEDERAL CKEDIT UNION Plaintiff VS. SHIRLEY A. KIMMEL Defendant PLEAS OF CUMBERLAND'-COb~Y, PEN~'NSYLVANIA CIVIL ACTION- LAW ~ MORTGAGE FO~CLOSU~ NO. 03-362~ AFFIDAVIT PURSUANT TO RULE 3129.1 BLUE CHIP FEDERAL CREDIT UNION, Plaintiffin the above action, sets forth as of the date the issued Writ of Execution was filed, the following information concerning the real property located at Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A" attached. Name and Address of Owners or Reputed Owners: Nalne CLAIR F. KIMM~L, JR. (deceased) and SHIRLEY A. K_hMMEL Address 344 CHARLES ROAD MECHANICSBURG, PA 17055 Name and Address of Defendants in the judgment: Name SHIRLEY A. KhMMEL Address 334 CFr,2kRLES ROAD MECHANICSBURG, PA 17055 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name BLUE CHIP FEDERAL CREDIT UNION Address 5050 DERRY STREET H~KRISBURG, PA 17111 TAX CLAIM BUR.EAU COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Name and Address of the last recorded holder of every mor'cgage of record: Name BLUE CHIP FEDERAL CREDIT UNION Address 50:50 DEKRY STREET H/dLRISBURG, PA 17111 CONSECO FINANCIAL DISCOUNT CO. % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 NORTH PENNSYLVANIA STREET CARMEL, IN 46032 GREENTREE CONSUMER % CONSECO SERVICES LLC LEGAL DEPARTMENT (A3B) 11825 NORTH PENNSYLVANIA STREET CA.I~M-EL, IN 46032 CONSECO FINANCIAL DISCOUNT CO. 202324226 % CALVARY PORTFOLIO SVCS. ASSIGNEE FOR CONSECO FINANCIAL POST OFFICE BOX 472087 TULSA, OK 74145 Name and Address of every other person who has any record lien on their property: Name Address. N/A Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: SaaTle HAMPDEN TOWNSHIP TAX COLLECTOR Address 5000 CREEKVIEW ROAD MECHANICSBURG, PA 17055 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 Address N/A that the statements made in this affidavit are true and cor-rect to the best of my personal know[edge, in~brmation or belief. I understand that ~'aise statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: September 5. 2003 Robert D. Kodak Knupp, Kodak & [mblum, P.C. 407 North Front Street Post Office Box l 1848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for PLaintiff BLUE CHIP FEDER.4L CREDIT UrN'ION Plaintiff SHIRLEY A. KIMMEL Defendant COPY iN' THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE?'TNSYLVANIA NO. 03-362t CIVIL CIVIL ACTION - LAW IN' MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) wiil be held: DATE: Wednesday, December 10, 2063 TIME: 10:00 a. m., prevailing time LOCATION: Courthouse, Hanover & High Streets, Carlisle, Pannsyivania 17013 THE PROPERTY TO BE SOLD is delineated in detail in ~. legal description mailing consisting of a statement of the measured boundaries of the property, together with a brief mentinn of the buildings and any other major improvements on the land. (SEE DESCRIPTION ATTACHED AS EXHIBIT "A") THE LOCATION of the property to be sold is: 344 Charles Road, Hampden Township, Cumberland Corn"try, Pennsylvania THE JIJDGMENT under or pursuant to which the property/is being sold is docketed in the within Commonwealth and County to: 03-3621 Civil, Court of Common Pleas Cumberland County, Pennsylvania I~P, KODAK & II'~[BLUM, P.C. Robert D. Kodak ~ Attorney for Blue Chip Federal Credit Union EXHIBIT "A" ALL THAT CERTAIN tract or parcet of [and situate in Hampden To~nship. Cumberland County,, Pennsylvania. more particularly bounded and described in accordance with a survey by Ronald A. Raffensperger. Registered Surveyor, dated August 20, 1980, as follows, to wit: B EGI'N'NING at a point along the westerly line of Chaxles Road at which, point is 320.0 feet south of the intersection of Charles and Delbrook Roads; thence continuing along the westerly line of Charles Road, S. 04° 00' E. a distance of 65.0 ~eet to an iron pin at the dividing line between the herein described lot and Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line S. 86° 00' W., a distance of 120.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 6 on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 04° 00' W. a distance of 65.0 feet to an iron pm at the dividing line between the herein described lot and Lot No. 17.on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 86° 00' E. a distance of I20.0 feet to an iron pin along the westerly line of Charles Road, the place of Begirming. BEING Lot No. 18, Block 8, Plan No. 1 of Delbrook Manor recorded in Plan Book 6 at Page 42, and having thereon erected a one and one-hail story brick and framed dweIling house, known as 334 Charles road. BEING THE SAME PREMISES which Ronald E. Stine and Nancy M. Stine, his wife, by their Deed dated September 9, 1980, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on September 17, 1980 in Book "C" 29 at Page 523 g~anted and conveyed unto Clair F. Kimmel, Jr. and Shirley A. Kimmel, his wife. The said Clair F. K.immel, Jr. died thereby vesting full time in the said Shirley A. KimmeL By virtue ora Writ of Execution No. , issued out of the Court of Common Pleas of Cumberland County, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Courthouse of Cumberland County, Pennsylvania, on Wednesday, December 10, 2003, at I0:00 o'clock a.m. of said day, ail the right, title and interest of the Defendants in and to: ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Ronald A. Raffensperger, Registered Surveyor, dated August 20, 1980, as follows, to wit: BEGINNING at a point along the westerly line of Charles Road at which point is 320.0 feet south of the intersection of Charles and Delbrook Roads; thence contint£mg along the westerly line of Charles Road, S. 04° 00' E. a distance of 65.0 feet to an iron pin at the dividing line between the b. erein described lot and Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line S. 860 00' W., a distance of 120.0 feet to an iron pin at the dividing line between the herein described lot and Lot No. 6 on the b_ereinaf~er mentioned. Plan of Lots; thence along said dividing line N. 04° 00' W. a distance of 65.0 feet to an iron pin at the dividing line between the here:m described lot and Lot No. 17 on the lxereina/'ter mentioned Plan of Lots; thence along said dividing line N. 86° 00' E. a distance of 120.0 feet to an iron pin along the westerly line of Charles Road, the place of Beginning. BEING Lot No. 18, Block 8, Plan No. 1 of Detbrook Manor recorded in Plan Book 6 at Page 42, and having thereon erected a one and one-troll story brick and framed dwelling ho~e, known as 334 Charles road. BEING THE SAME PREMISES which Ronald E. Stine and Nancy M. Stine, his wife, by their Deed dated September 9, 1980, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on September 17, 1980 in Book "C" 29 at Page 523 granted and conveyed unto Clair F. Kimmel, Jr. and Shirley A. KLmmel, his wife. The said Clair F. Kimmel, Jr. died thereby vesting full time in the said Shirley A. KJ. mmel. NOTICE IS HEREBY GIVEN to ali claimants and parries in interest that the Sheriff witl, within thirty (30) days thereafter, file a schedule of distribution in his office, where the same will be available for inspection and the distribution will be made [n accordance with the schedule unless exceptions are filed thereto within ten (I 0) days thereafter. SEIZED AND TAKEN into execution at the suit of Blue Chip Federal Credit Union against Shirley a. Kimmei, and will be soict ~y. R. Thom~m Kline Sheriff of' Cumberland County Knupp, Kodak & Imblum, P.C. Attorneys for Plaintiff PRAECIPE FOR WRIT OF EXECUTION -- (MORTGAGE FORECLOSURE) P.R.C.P. 3180-318.'.I BLUE C~-[[? FEDEL~L CPJ~D[T ?laintit'f VS. SHIRLEY A. KIMMEL Defendant THE COURT OF CONIN[ON PLEAS OF CUMBE]:;LLAND CoL.rN'TY. PEN.~SYLVANIA NO. 03-3621 CIVIL PRAECIPE FOR WRIT OF EXECUTION (MOI:LTGAGE FORECLOSURE) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/05/03 ~9.75% p/annum Note: Please furnish description of Property. $ 52.231.51 $ ~5~ all costs Robert D. Kodak, Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Thomas M Chervanick & Catherine M 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 9th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3621, at the suit of Blue Chip Fed Cr Un against Shirley A Kimmel is duly recorded in Sheriff's Deed Book No. 261, Page 1820. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c?~ ~ day of ~::~gO~--Recorder of Deeds Blue Chirp Federal Credit Union VS Shirley A. Kimmel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3621 Civil Term David McKinney, Deputy Sheriff, who being duly swom according to law, states that on September 16, 2003 at 6:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shirley A. Kimmel, by making known unto Shirley Kimmel, personally, at 334 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2003 at 1:50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shirley A. Kimmel located at 334 Charles Road, Mechanicsburg, 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 Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Shirley A. Kimmel, by regular mail to her last known address of 334 Charles Road, Mechanicsburg, PA 17055. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, 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 $72,000.00 to Thomas M. Chervanick and Catherine M. Chervanick. It being the highest bid and best price received for the same, Thomas M. Chervanick and Catherine M. Chervanick of 5 High Meadows Lane, Leesport, PA 19533, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $75,406.10. Sheriffs Costs: Docketing $30.00 Poundage 1,440.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Levy 15.00 Surcharge 20.00 Law Journal 465.35 Patriot News 300.55 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2,453.74 This ..C~t~ day of,,_~.~ -- ,~-~ / ! R. Thomas Kline, ~heriff 'Prothonotary Byx, 0 Real Estate l~eputy SCHEDULE OF DISTRIBUTION SALE NO. 57 Date Filed: January 9, 2004 Writ No. 2003-3621 Civil Term Blue Chip Federal Credit Union VS Shirley A. Kimmel Sale Date: Buyer: Bid Price: December 10, 2003 Thomas M. Chervanick and Catherine M. Chervanick $72,000.00 Real Debt: $52,231.51 Interest: 1,339.20 Attorney Costs: 119.66 Total: $53,690.37 DISTRIBUTION: Receipts: Cash on account (09/11/03): Cash on account (12/10/03): $ 1,500.00 75,406.10 Total Receipts: $76,906.10 Disbursements: Sheriff's Costs $ 2,453.74 Legal Search 200.00 State Transfer Tax 883.05 Local Transfer Tax 883.05 Cumberland County Tax Claim Bureau 2,028.15 Hampden Township 341.29 Attorney Robert Kodak 1,500.00 Blue Chip Federal Credit Union 53,690.37 Green Tree Consumer Discount Company 14,926.45 Total Disbursements: Balance for distribution: ($76,906.10) 0.00 So Answers: R. Thomas Kline Sheriff THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwea(th of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 Miscel(aneous Book "M", Volume 14, Page 317. COPY Sworn to a~ ~b~dhed ~re,~is 19th day of ~vem~003 A.D. My~m,ss,on~re'June',2~ .~ ~TZ ~.pe~sWan~aAs~No~ My commission expires Juns 6, 2~06 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 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, 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, viz: 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 tree. ESTATE SALE NO. 57 Writ No. 2003-3621 Civil Blue Chip Federal Credit Union vs. Shirley .~ Kimmel Atty.: Robert Kodak SlfERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution No. . issued out of the Court of Common Pleas of Cumber- land County. directed to me, there will be exposed to public sale. by vendue or outcry to the highest and best bidders, for cash, in the Court- house of Cumberland County, Penn- sylvania, on Wednesday, December 10, 2003, at 10:00 o'clock a.m. of said day. all the right, title and in- terest of the Defendants in and to: ALL THAT CERTAIN tract or par- cel of land situate in Hampden Township. Cumberland County. Pennsylvania, more particularly bounded and described in accor- dance with a survey by Ronald A. Raffensperger, Registered Surveyor, dated August 20. 1980, as follows, to wit: BEGINNING at a point along the westerly line of Charles Road at which point is 320.0 feet south of the intersection of Charles and Delbrook Roads; thence continuing along the westerly line of Charles -Road, $. 04° 00' E. a distance of 65.0 feet to an Iron pin at the divid lng line between the herein de scribed lot and Lot No. 19 on the hereinafter mentioned Plan of Lots: thence along said dividing line S. 86° 00' W., a disttmCe of 120.0 feet to an iron pin at the dividing line between the herein described lot , and Lot No. 6 on the hereinafter mentioned plan of Lots; thence along · said dividing line N. 04° Off W. a rie Coyne, ~ditor SWORN TO AND SUBSCRIBED before me this 31 _day of OCTOBER, 2003 LOIS E. SNYDER. Not~uy Public Carlisle Boro. Cumbedand County My Commission Expires March 5, 2005 retest of the Delkndmirs in and to: ALL THAT CERTAIN tract or par- cel of land situate in Hampden Townallip, Cumberland County, Pennsylvania. more particularly bounded and described in accor- da~xce with a survey by Ror~ald A. Raffetxsperger. Registered Surveyor. dated August 20, 1980, as follows, BEGINNING at a point along the westerly line of Charles Road at which point is 320.0 feet south of the intersection of Charles and Delbrook Roads; thence continuing along the westerly line of Charles Road, $. 04° 00' E. a distance of 65.0 feet to an iron pin at the divid- ing line between the hereth de- scribed lot mad Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line S. 86° 00' W., a distance of 120.0 lket to a~ iron pin at the dividing line between the herein described lot and Lot No. 6 on the hereinafter mentioned Plan of Lots; thence along said dividing line N. 04° 00' W. a distance of 65.0 feet to an iron pin at the dividing linc between the herein described lot and Lot No. 17 on title hereinafter mentioned Plan of Lots; thence along said dividing line N. 86° 00' E. a distance of 120.0 feet to an iron pin along the west- erly line of Charles Road. the place of Begirming, BEING Lot No. 18, Block 8, Plan No. I of Delbrook Manor recorded in Plan Book 6 at Page 42. and hay- half story brick and framed dwell- ing house, known as 334 Charles road. BEING THE SAME PREMISES which Ronald E. Stine and Nancy M. Stine. his wife. by their De~d dated September 9, 1980, and re corded in the Office of the Recorder of Deeds in and for Cumberland Count5,, Pennsylvania, on Septem- ber 17, 1980 in Book 'C' 29 at Page 523 granted and conveyed unto Clair F. Klmmel, Jr. and Shirley A. Kim- reel, his wife. The said Clair F, Klm- reel. Jr. died thereby vesting full time in the said Shirley .& Kirnmel. NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the Sheriff will, within thirty (301 days thereafter, file a schedule of distribution tn his office, where the same will be available for inspec~ tlon a~d the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10l days thereafter. SEIZED AND TAKEN into execu- tion at the suit of Blue Chip Federal Credit Union against Shirley A. Kimmel, and will be sold by: R. Thomas Kline, Sheriff of Cumber- land County, Knupp. Kodak & Imbhim, P.C., Attorneys for Plain- tiff, BLUE CHIP FEDERAL CREDIT UNION, : In the Court of COMMON PLEAS of Plaintiff : CUMBERLAND County, Pennsylvania v. : N0.03-3621 SHIRLEY A. KIMMEL, Defendant(s) : CIVIL DIVISION -LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO Cumberland County Prothonotary Dated: January 291 2004 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041