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HomeMy WebLinkAbout01-6134 , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE ISO, HORSHAM, P A 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff NO. l}f~ ~/3L/ - ~ v. DANIEL K. KULIG JILL ANN KULIG 905 MAPLEWOOD LANE, ENOLA, PA 17025 CUMBERLAND COUNTY Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 493472609 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150, HORSHAM, PA 19044 2, The name(s) and last known addressees) of the Defendant(s) are: DANIEL K, KULIG JILL ANN KULIG 905 MAPLEWOOD LANE, ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 6/12/98 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. 1461, Page 488. 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1101 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6, The following amounts are due on the mortgage: Principal Balance Interest 2/1/01 through 10/1/01 (Per Diem $29,03) Attorney's Fees Cumulative Late Charges 6/12/98 to 10/1/01 Cost of Suit and Title Search Subtotal $151,392.89 7,054.29 4,000,00 248.64 750,00 $163,445,82 Escrow Credit Deficit Subtotal TOTAL 0,00 868,65 $ 868.65 $164,314.47 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 Sheriff's 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 $50,000,00, 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S, g1680.403c 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $164,314.47, together with interest from 10/1/01 at the rate of $29,03 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, ~L~~a/\A~' Is! Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ]0/23/01 i1:00 F~l ~008/012 ~;,~t Mm'tgage Loan Servicing 3451 Hammond lave P.Or Box 780 Waterloo, IA 50704-0760 GMRC Mortgage Date: May 24, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is a n o~--:~: u~c~ that the ~..,, t~c on your home i~ iu defaul~ and ~e ~nder bunds M Foreclose. Spe~ hf~ about ~e umre of ~e dehu~ h pro~d h the a~ch~ umfeJ. The HO~O~ER'S MORTGAGE ~S~T~CE ~R~ ~M~) may be ~bb ~ hc~ ~ szve your ho~. TMs ~o~e ~,lsh~ how ~e n~ ~. To s~ ~H~ eau h.~: you mu~ ~ET ~ A CONS~R C~D~ CO~S~G AG~ WIT~ ~ DA~ OF T~ DA~ OF 'l~ NO~CE. T~e ~b No~e ~ you w~=a yo~ ~i ~ ~ ~e --m.: ~a.:..~= nd nho~ --tuber of Co~*-m~ C~t Co~s~iue A~~ g~a vent Coun~ are ~:~ at ~c end ofthh No,ce. H~u have any ~ue~=_ you mv ~ ~e F~=~v~.a~ Houshu ~nre A~encv to~ free at 1~0~2-23~. ~ersons ~ impaled h~ ~n ~a~ I~ ~0.1~9~: This ,N, ofi~e con_toins impoFtant legal information. If you h~ve any ques~ons, repFescntafive, at the C. on.s. umer · Credit Counsehg Agency .m~y be able to help exphin it. YOU.XlL~y also wlnt ~o conUc~ an attorney m ~ our oFea. The local bar assocbfion n~y be able to help you find a mwyer. LA NOx'~-iCACION EN ADJIYNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SI/DERECHO A CONTINUAE: VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTLFICACION OBTENGA UNA TRADUCCION IMMEDIATASIENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FE~ANCE AGENCY) SIN CARGOS AL NU'MERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAI~LADO -HOMEOWNER°S EMERGENCY MORTGAGE ASSISTANCE PROGRAM*' EL CUAL PUEDE SALVAR SU CASA DE LA PERDH)A DEL DERECHO A REDIMIR SU IlII'OTECA HOMEOWNI?~R'S NAME(S): PRO PERTY ADDP, ESS: JILL A. KULIG 905 MAPLEWOOD LA~E ENOLA, PA 17025-2069 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 493472609 N/A GMAC Mortgaqe Corporation 141 003/012 10/23/01 10:58 FAX f11"$\ Mortgage loan Servicing 3451 Hammond'Ave p ,0, Box 780 Waterloo, IA 50i704-0780 '---../ '-' GMAC Mortgage - Date: !>la.y 24. 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM , FORECLOSURE Thl. I. .B offteial i:tic. tbat dI. mortUlI!. on voar "om. I. In defaalt. ud die I.nder intend. to foreclo... SDecUk _formation aboat die utare of the def.ult is arovld.d in the attached D....., Th. HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BEMAP) may b. able to keta to ..ve vour kome. Thi. Notice RDIab.. how tJae Droll!ram works. To .ee If HEMAP ea. "elD. vou ma.t MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TmS NOTICE. T.ke this Notiee witJa vn wkea vn meet with the Co_.eHnll! AlI!.ncv, ~ . aaD _ddress .nd ~_ n. nalUbe of Co.s mer Credit Coa...b encle. se' oar Coaa .re JI.ted.t the e.d oftJais oti..., Ifvoa i.av. anv aae.tloa.. voa mav uII the Peaasvlvanla Hoa., Flunee A~ncv toB free .t 1.80D-342.2397. (Penon. with Imaalred hearinll! ClD eaR (717\ 780.1869). This Notie. eontains imporUntlec.llalormatioa. If foa have ..y qae.tiolll, repr....tativ.. .tth. Consumer Credit Coan.ebe AC'.I:)' may be able to h.1p esp12m It Yoa may .Iso want to contaet a. attom.y in yoar area, The loeal bar assoclatioa may b. able to help you flad a 12wyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VI'o'lENDO EN SU CASA, SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACJ:ON OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUJEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PllOGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECBO A REDIMlR SU BIPOTECA BOMEOWNJ~.R'S NAME(S): PROPERTY ADDRESS: DANIEL 1(, KULIG 905 MAPLEWOOD LANE ENOLA, PI'. 17025-2069 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDEIVSERVlCER: 493472609 NIl'. GMAC Mortqaqe Corporation _SiT A ,10/23/01 10:59 FAX 141004/012 '-./ '---" HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA.Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY 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 ELIGIBD..ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitlod to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you nmst ammge and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY RTG GEASSISTANC OUMUSTBRIN YOURMORTG EUPTODATE.11l PARTOF11lIS NO CECALI "HOWTOCU YO RTG GEDEF ULT" LAlNS WTOB GYO MORTGAGE UP TO DATE. CONSUMER CREDIT COUNS1f.l,ING AGENCIES -- If you meet with one of the consumer cn:dit COlmseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date , ofthis meeting.The names. addresses and tele"hone munbers of desil!Jll,ted conslOner c",dit cOlmselinl! al!encies for the co in which the is I ted are t orth at e e d of ' otice. It is only necessary to scbolhde one face-to-face moeting, A vise your lender,inunediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default forthe ",asons set forth later in this Notice (see following pages for specific infonnation about the nature of yOlO' defaldl) If yOll have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Prognun Application with one of the designated consumer credit cOlmseling agencies listed attbo end of this Notice, Only consumer cn:dit counseling agencies have applications for the prognun and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of yOU face-to-face meeting. YOU MUST lllLE YOUR APPLICATION PROMPlLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PElUODS SET FORTH IN THIS LETIER,FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSlSTANCI~ WILL BE DENIED, AGENCY ACTION ,. Available ii.uuis for emergency mortgage assistance are very limited. They will be disbursed by the Agency 'alder the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) day. to make a decision after it receives your application. During that time, no forcc1oS\de proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. f.)(HIBlT A' 10/23/01 10:59 FAX 141 005/012 ,--,' '--' NOTE: ni YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAc~UPTCY. THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURl"OSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If yoa hlIv. med bankruptcy yoa can stDI apply for Emerx.ncy Mortpg. As.i.tanc.,) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinlt all to date), NATURE OF THE DEF AUL T .. Th. MORTGAGE debt h.ld by the above l.nder is on your property located at: 905 Maplewood Lane Eno1a"PA 17025.2069 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS for the following months and the fo11owinq amounts are now past due: March 1, 2001 throuqh May 1, 2001. See attached Exhibit for payment breakdown. Montl,ly Payments 3 , 78 0 . 69 Late ChaIges 124,32 NSF 0,00 Inspections 0 . 00 Other Suspense 0 , 00 TOTAL AMOUNT PAST DUE: 3,905.01 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot a1llllicable): HOW TO CURE THE DEFAULT.. You may cure the default within TIlIRTY (30) DAYS of the date of this ,noticeBYPA'IINGTHE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS . $ 3,905.01 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments nmst be made either bv cash. cashiers check. certified check or monev order made rovable and sent to: Payment Processing GMAC Mortqaqe Corporation PO Box 780 Waterloo, IA 50704'0780 You can cure.ny other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not a1llllicable,) N tAl' b1 o pp 10a e IF YOU DO NOT CURE THE DEFAULT n If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, th. lead.r Intend. to ....n:is.lts ri..hts to accel.rate the mortl!a... d.bt, This means that the entire OlltStanding balance of this debt will be considenld due immediately and YOll may lose the chance to pay the mortgage in monthly installments, Iffull payment of the total amolmt past chIC is not made within THIRTY (30) DAYS, the lender also intends to mstn.ct its attorneys to start legal action to for.clos. .1I0n voar mortl!a...d IIrou.rtv , IF THE MORTGAGE IS FORECLOSED UPON n The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you clIre the delinquency before the lender begins legal p,,,ceedings against you, you will still be required to pay the reasonable attorney's fees that were aclllally incurred, up to $50,00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually inCllIIed by the lender even if they e"ceed $50,00, Any attorney's fees will he added to the amOlalt you owe the lender, which may also include other reasonable costs, If voa cur. tine defaalt within th. THIRTY (30) DAYS neriod. voa ...m not b. req.ired to uav attorn..". f.... _aU" I4J 006/012 10/23/01 11:00 FAX " "---,,, '-.../ OTHER LENDER REMEDIES n The lender may also sue you penonally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the defa.dt within lhe THIRTY (30) DAY period and fOlllclos\ll'O proceedings have begun, vou still have the ri..ht to cure the defa.dt and ~entthe sale a~ anv time ut> to one hourbefolll the Sherifi's Sale. You l\1llV do so bv t>avilll! the ~otal amo.ml then vast <h... t>1l1S an. ;ate or other ch'::,"S then ,duo. Illason,able attorneys f,?"s a!1Ji co~~ colDlected with the foreclosure sale and an_other costs co --"cted with the Sheriff's Sale as SllOcified m writiIll! bv the lender and bv pelfonnin.. anv other reauirements .mder the mortslaM~ Curinll your default in the IIlaJ\Ber set forth In this Ilotice wlIl Rotore your mortaalle to the .a.... po. Oil a.lfyou had never defaulted. EAln ,IF.ST POSSIBLE SHERIFF'S SALE DATE .- It is estimated that the earliest date that such a Sherifi'. Sale of the mortgaged property could be held wOldd be approDmate1y.1x (6) month. from the date oftbb Notice. A notice of the actual date of the Sheriff's Sale will be sent to you befolll the snle. Of COUIlle, the amOlmt needed to Cllre the defa.dt will increase the longer you wait. You may find Ollt at any time exactly what the required payment or action will 1>0 by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 Mile of Cars Way National city, CA 91950 Phone Nl.III1ber: Fa" Nl.III1ber: Con.taot Person: (BOO) B50-4622 (619) 470,5579 Collection Department EFFECT OF $HERIFF'S SALE -. YOll should realize that a Sheriff's Sale will end your ownership of the mortgaged property and YO'11" right to occupy it. If you contirme to live in the property after the Sherifi's Sale, a , lawsuit to remove you and yom fllrnishings and other belongings could be started by the lender at any time. ASSUMPTlOJ'I OF MORTGAGE _. Youlilay or may Ilot sell or transfer yom home to a buyer or transferee who will aSSllme th~ mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSmunON TO PAY OFF TIllS DEBT, TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AULT, (HOWEVER, YOU DO NOT HAVE THIS RlGHT TO CURl; YOUR DEF AUL T MORE TIlAN THREE TIMES IN ANY CALENDAR YEAR,) TO ASSERT THE NONE.XISTENCE OF A DEF AULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTInlTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER, TO SEEK PROTECTION UND,ER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED EXHlB\TA PENNSYLVANIA HOUSING FINAl'ICE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAYI CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 lincoln Street P.O. Box 1328 Williamsport, PA t 7703 (570) 326.0587 FAX (570) 322-2197 CLINTON COUNTY CCCS ofNortheastem PA 163 t South Athenon St., Suite 100 State College. PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS ofNortheastem PA 20 I Basin Street Williamsport. P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COL~'TY 1400 Abington Executive Park SUite 1 Clacks Summit PA 18411 (570) 587,9163 or (800) 922.9537 FA..X (570) 587.9134-9135 31 W. Market Street POB 1127 Wilkes.Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme Couney t 63 Amber Lane Wilkes-Barre. PA 18702 (570) 326-0510 or (800) 822-0359 FAX (570) 329-'665-(Call Before Faxing) (570) 4554994 Hazeltown FAX (570) 455-563 '-(Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COl':'/TY Gre:l1cr Eric Community ActIOn Committee 18West9l/1Street Ene, PA 16501 (814) 4594581 FA-X (814)456-0161 Booker T. Washington Center 1720 Holland Center Erie. PA 16503 (814) 453-5744 FA-X (814) 5749 John F Kennedv Center. Inc. 20ll East 201ll Street Efll:.PA 16510 (814) 398-0400 FAX (814) 898,1243 Shenango Valley Urban League, Inc. 601lndiana Avenue Farrell, PA 16121 (412) 981,5310 CUMBERLAND COl':'/TY FinanCial Counseling Services of Franklin 3l West 3rd Street Waynesboro, PA 17268 (717) 762-3285 CCCS of West em Pennsylvania. Inc. 2000 Linglestown Road HlllTisburg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N.6ll1Street HlllTisburg. PA 17101 (717) 234-5925 FA-X (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243.3818 FA-X (717)-731-9589 Community Action Comm iJfthe Capital Region 1514 Derry Street HlllTisburg, PA 17104 (717) 232-9757 FAX (717) 234.2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA (7325 (717) 334-1518 FAX 334.8326 PENNSYL V Ao'lIA BULLETIN. VOL 29, NO. 23, JUNE 5. 1999 I)lM8T A ALL THAT CERTAIN lot or iece of ground situate in the Township of East Pennsboro, Cumberland County, Pennsylv nia bounded and described according to a certain Final Plan for Penn Valley Phase I, prepared by H rtman & Associates, Inc., Engineers and Surveyors, Camp Hill, , Pennsylvania. dated June 23, 1 93 and last revised September 9, 1993 and recorded on Ncvember 5, 1993 in Plan Book 67 page 20, as follows, to wit: . .' \ I3EGINNING at a point on the orthwest side of Maplewood Lane and a corner of Lot No. 52 on said Plan; thence extending along d Jot north 09 degrees 45 minutes 15 seconds west 101.61 feet to a point in line of Lot No. 47 on id plan; thence extending along said lot and continuing north 80 degrees 14 minutes 45 seconds st 80.00 feet to a point. a comer of Lot No. ,49 on said plan; thence extending along said lot and co~tinuing south 09 degrees 45 minutes IS seconds east 129.98 feet to a point on the northwest side of Nfaplewood Lane; thence extending along said lane along a curve having a radius of 200.00 feet, the arc distance of 85.53 feet to the point and place of beginning. , ~ BEING Lot No. 51 i CONTAINING 9.005,33 SQU~RE FEET BEING PART OF THE SAME!PREMISES which James A. Acri, as Executor of the Estate of Edith Loretto Acri, and as Trustee of ~e Testamentary Trust of Ovidio Acri, and James A. Acri. individually. by Deed dated Noyembcr 22, 1993 and recorded in the Office for recording of Deeds in and for Cumberland County in peed Book R30, Page 148, and Deed Book R36. Page 155, granted and conveyed unto Penn Valley \Corporation. a Pennsylvania corporation. in fee. PREMISES ON: ,;,. VERIFICATION KRISTINE-WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S. See, 4904 relating to unsworn falsification to authorities, C)?,;.aT~ 0 _ !..Ii P/JITXJ DATE: /O/bL3/0( . { , \~ ~ ........ ~ ~ ~ ~ ~ (") 0 0 c ~ "!.j '"'Ore 0 rnp. " 2::0 ..... :'1 Z. N '- enS:: -<-;:" C'o tj ~C~.,: """ C, ;r> " "'1", Zc-:) ::i~ , ~O - -;~?G c O,-n z ., =< ".Jl ~ .j:"' :Q SHERIFF'S RETURN - REGULAR CASE NO: 2001..06134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KULIG DANIEL K ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KULIG JILL ANN the DEFENDANT , at 1120:00 HOURS, on the 1st day of November, 2001 at BOOKSPAN 1225 SOUTH MARKET ST MECHANICSBURG, PA 17055 by handing to JILL ANN KULIG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 6,50 .00 10.00 ,00 22.50 ~~~,<~ R. Thomas Kline 11/05/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: rfjYl/7/74 ~ ' Deputy Sh ri~ d_1C- me this T day of ?Lo.t,,~ .26<1( A. D, ~.-C? 7J.vJ'~,. ~ rothonotary , SHERIFF'S RETURN.. REGULAR CASE NO: 2001-06134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KULIG DANIEL K ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KULIG DANIEL K the DEFENDANT at 1846:00 HOURS, on the 2nd day of November, 2001 at 905 MAPLEWOOD LANE ENOLA, PA 17025 by handing to DANIEL K KULIG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9,75 ,00 10,00 .00 37.75 r~~~~ R. Thomas Kline 11/05/2001 FEDERMAN & PHELAN Sworn and Subscribed to before 9~ day of BY4~.IA~~~ Deputy Sh ~ff me this ~ -2.v,/ A,D. o r2.~ ~ ~~othonotary ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6134 CIVIL DANIEL K. KULIG JILL ANN KULIG Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against DANIEL K. KULIG and JILL ANN KULIG, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/1/01 to 12/6/01 TOTAL $164,314.47 $1,915,98 $166,230.45 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached, G tl--, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I^- Ityl C~ivJ K J: JrVl.o. ~ PRO PROTHY ~ U- 0 0 0 c: 'n ~ 0 """OeD rrt -0 mni- c-> F Z:I' rn l'C-' Z~... ',J r' ~~~ -)C' ~C) -0 (1~~ ~c:' :;J:; .::'~ C) =:'? u PC: ..... ~ r:- 'k, ::< (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SffiTE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6134 CIVIL DANIEL K. KULIG JILL ANN KULIG Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ( ;L - 14 2001. By: If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,"" FEDERMAN AND PHEL&~, L.L,P, Frank Federman, Esquire Identification No, 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563..7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS GMAC MORTGAGE CORPORATION CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. DANIEL K. KULIG JILL ANN KULIG NO, 01-6134 CIVIL FILE COpy Defendant(s) TO: DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA,PA 17025 DATE OF NOTICE: NOVEMBER 23. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PAl 70 13 (717) 249-3166 1i1lHLk ~ f ti~iL41)f(jit ~ Frank Federman, Esquire Attorney for Plaintiff ": ." 1 , I FEDERMAN AND PHE~~ Frank Federman, Esquire Identification No, 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs, CUMBERLAND COUNTY DANIEL K, KULIG JILL ANN KULIG NO.01-6134 CIVIL Defendant FILE COpy TO: JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVEMBER 23. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights, You should take this notice to a lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 70 13 (717) 249-3166 ~~ 1G:1 d /," .,' ': I" ,lL ' ~ n.H"K11/JI,--- rank Federman,Esquire Attorney for Plaintiff FEDE~ANandPHELAN By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PIDLADELPIllA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6134 CIVIL DANIEL K. KULIG JILL ANN KULIG Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wi!: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe 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 DANIEL K. KULIG is over 18 years of age and resides at , 905 MAPLEWOOD LANE, ENOLA, P A 17025 . (c) that defendant JILL ANN KULIG is over 18 years of age, and resides at , 1225 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities. Ul~ - FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ t:r~ I~ ir ~ :::r, 0' ~~)~ ....... ~ ~ -..J i"' ~ i':> OJ ~ t>.l ~ ;r r ~ o ~ c:J -0'" - ,0 C};'ff/ f? II ~:':Tf ., 05\' ......., ;::;; ~-('" :i> -j ~:: C) :'0 )..;: C; ~lr ~ 0 ~ 1:- ~:;; ,J:": _JJ -< "'" - ~ !_' . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. DANIEL K. KULIG JILL ANN KULIG No. 01-6134 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $166,230.45 V' Interest from 12/6/01 to 3/6/02 (per diem -27.33) $2,459.70 and Costs TOTAL $168,690.15 UiL- F~FEDE~N,ESQlmRE One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. . ~ I(l I(l ~ .... < ll. c5 ~ rJ:l I(lu ~~ ....= "",:$ ~u o~ <~ z z ... ~ 3~ 0 0 oti ... ... ~~ ~ ... ll.rJ:l B z~ ~... i ~~ 0 ::ar,:, ~'Q;' ~~ ~ ~~ f;I;l ; It; ;~ ] "'" ~ 8~ U 0"0 "..:l g '" "~ '" ~ .; ~z ... ~ '" "",;:J - ~ ,J:J ~ ~~ ~ 00 ...~ .... U ~ ...u ~~ ..s = =:~ ;; ~ >. ~ =: E g~ o~ 0 "'" c:> 0 ~ U~ ~ ~6 ~ I(ll(l P- I =M ~ ~~ U ... C>\~ ~ U ~ ~ ;,; ] '" i!SU ~ ll. "~ ~ ~ . , ...-/' ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, Cumberland Coumy. Pennsylvania bounded and described according to a certain Final Plan for Penn ValIey Phase I, prepared by Hartman and Associates. Inc, , Engineers and Surveyors, Camp HilI. Pennsylvania. dated June 23, 1993 and last revised September 9. 1993 and recorded on November 5. 1993 in Plan Book 67. Page 20, as folIows, to wie: BEGINNING at a poim on the Northwest side of Maplewood Lane and a corner of Lot No, 52 on said Plan; thence extending along said Lot North 9 degrees 45 minutes 15 seconds \Vest 101.61 feet co a poim in line of Lot No, 47 on said Plan; thence extending along said Lot ami continuing NOrth 80 degrees 14 minutes 45 seconds East 80,00 feet to a poim, a corner of Lot No, 49 on said Plan: thence extending along said Loe and continuing South 9 degrees 45 minutes 15 seconds East 129,98 feet co a point on the Northwest side of Maplewood Lane; thence extending along said lane along a curve having a radius of 200,00 feet, the arc distance of 85,53 ft;et co the point and place of beginning, BEING Lot No, 51 CONTAINING 9,005,33 square feet Tax Parcel #13..0999-094 TITLE TO SAID PREMISES rs VESTED IN Daniel K, Kulig and Jill Ann Kulig, his wife by Deed from Penn ValIey Corporation, a Pa, Corp, <1ate<1 1/1//':)7 and 'recorded 1/29/97 in Record Book 152, Page 754, f~ - "~ l:. \ \ - p0 ~ v-.> )U 'S\ ~ ~ ~ ~\ Q \ ....J d\ ~\" l- '...J '~ ~ ~ ~ ~ . v (0) 0<::)0 c: -"l1 ""'MS: CJ .....OJ P"l mrn ......... 2=0 ..." zr en L:~ ~.". :s::CJ -0 ~(") 3; .,-0 -c: '-...> ~ ""t" ~LII . )'TJ . .;(L) ~:i~}l~ C5,T1 ~.~ r:- :.0 -< GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DANIEL K. KULIG JILL ANN KULIG CIVIL DIVISION NO. 01-6134 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) 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 .905 MAPLEWOOD LANE. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, P A 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICS BURG, PA 17055 2, Name and address ofDefendant(s) in the judgment: DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, P A 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None, 4, Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TMS MORTGAGE, INC. 1770 TRIBUTE RD., SUITE 109 SACRAMENTO, CA 95815 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 905 MAPLEWOOD LANE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 December 7. 2001 DATE 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 ofl8 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, ~ t rJ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0 0 s-,; c s:: "" -oeD f"r'1 nlrri n Z:o Zt~ ~~; GC'-r -u ~8 ::b G.l '--' p(,:;: ::;.:! Z "... :n =< -< FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. DANIEL K. KULIG JILL ANN KULIG CIVIL DIVISION NO. 01-6134 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is; o 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. ~/tk FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (") c C) c:. ....0 -c;' \~ ';7>0- ...'Oc;) \n O"1\T\ ('") :z~ ::1) Zl, (jJ ,_0- t.") 0<:;" r<.C) -0 ...... ~O ::c;: (~, ~C'l ~? "0,,1l ;pc: Z t:"" 2';1 :2 ~ GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-6134 CIVIL DANIEL K. KULIG JILL ANN KULIG Defendant(s). December 7, 2001 TO: DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, PA 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT. BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY, .. Your house (real estate) at. 905 MAPLEWOOD LANE. ENOLA. PA 17025. is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 166.230.45 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you, Ifthe Sheriffs sale is postponed, the property will be relisted for th~ JUNE 5, 2002 Sheriffs Sale, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 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. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You 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 ofthe 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 oft1re 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, P A 17013 (717) 249-3166 (800) 990-9108 _~._,__w.........__.,<.,.,..._... ./ ALL TH.". T CERT.".I:-.i lot or piece of ground situate in the Township or' East Pennsboro. Cumberland Coumy. Pennsylvania bounded and described according to a certain Final Plan for Penn Valley Phase I. prepared by Hartman and Associates. Inc,. Engineers and Surveyors. Camp Hill. Pennsylvania, dated June 23. 1993 :.lnd las, revised September 9. 1993 and recorded on :>Jovember 5. 1993 in Plan Book 6-, Page 20, as follows, to wit: BEGIN;\IING at :.l poim on the Northwesr side of Ylaplewood Lane :.lnd :.l corner of Lor 'io, 52 on said Plan; rhence exrending along said Lor North 9 degrees 45 minures lj seconds Wes, 101.61 feer ro a point in line of Lor No, 47 on said Plan: rhence exrending along said Lor and COntinuing 0iorrh 80 degrees 14 minures 45 seconds Easr 80,00 feer to a point, a comer of Lot 'i 0, 49 on said Plan: thence exrending along said Lor and cominuing Sourh 9 degrees 45 minures !j seconds Ease 129,98 feet ,0 a point on the 0iorthwesr side of ylaplewood Lane; thence extending along said lane along a curve having a radius of 20000 feet, rhe arc distance of 85,53 f~er to the point and place of beginning, BEING Lor No, 51 CONT,\INING 9,005,33 square feet. Tax Parcel #13-0999-094 TITLE TO SAID PREMISES IS VESTED IN Daniel K, Kulig and Jill Ann Kulig, his wife bv Deed from Penn Valley Corporarion, a Pa, Corp, dared 1/ 1 /I'9~ and recorded 1/29/97 in Reco~d Book 152, Page 754, ,~ () 0 0 c: --1\ S c:::t :".,.~l -OeD ;-q 'r: ITlr,'\ n " 1--- ~~.. .-~1-':1 jC '.' (~, , .-' r:: C) -0 " I'L ~8 ::Jj; '~:~~:~ PC ~ "~) "...{ ~ r:- :'-:0 ~ ::JP&- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION No. 01-6134 CIVIL DEFENDANT(S) DANIEL K. KULIG JILL ANN KULIG ACCT. #493472609 SERVE JILL ANN KULIG AT 1225 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 Served and made known to at d.:O~_,o'c1ockem".t SERVED ~ , Defendant, on the JJt7 day ofJ7VrIUN~'120oi, , Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served, Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge ofDefendant(s)'s office or usual place of business, NOT-{': \ h-e ~Ov€... an officer of said Defendant(s)'s company, ,_,... .l('C~~ 'IS Ji 11.'So plaCe.. Other: ..,.,u.o ~ , I' _ ~ lo,...s'llrleSS. Agea'il-da-.Height~ Weight ~15 Race~ Sex 1::.- Other 6co't.st:6"\-> ( I. I a true and correct copy of the the address indicated above, , a competent adult, being duly sworn according to law, depose and state that I personally handed otice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at Sworn to and subscribed before me this _ day of ,200_, Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200_, at o'clock _,m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Nct,:;rii?\ ;':;;e<,,1 Pu: C' By: U~i) M. (::-,,:\ ',,' ;-.: .-. or e for PI . tif Frank Feder n, E uire - 1.0. No. 12248 One Penn C ter at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 e 0 0 N ."n <;:: ..., --..r S2ffi rrI 'r co :"::;:1} I ",-1fT! ZS;; -"0 Cf>,. CO ~:i (-S ~'" Kcj -0 _l~ :8 ZO ::;: ~;? fi 5>8 ~ ol"f'l ~ 0 ~ \0 -< FEDERMAN AND PHELAN By: FRAJ{KFEDERMAN,ESQtmRE IDENTIFICATION NO, 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (71~) ~(i,-7000 ATTORNEYFORP~IFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY vs. No.: 01-6134 DANIEL K KULIG JILL ANN KULIG AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P R <: P, 404(7)/401 FRANK FEDERMAN, ESQtmRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant, at 905 MAPLEWOOD LANE, ENOLA, P A 17025, which notice of Sheriff's Sale was received by Defendant, on 12/17/01 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities, 9--~ 9:;),A- FRAJ{K FEDERMAN, ESQtmRE Date: Fehnl"'Y (i, 7007 . . ,..__..___n_du....--.--..........--.....--....n..n-n........nn..U_.._ · ~\I\ft\" 1\1111 7lololl 3'1]], 'VI"" IoS3O "'l'Il : 3. Service Type CERTIFIED MAIL : 4. RestriCted Delivery'? (Extra Fee) Yes , 1. Article Addressed to: . DANIEL K, KULIG , 905 MAPLEWOOD LANE ENOLA, PA 17025 O. Is delivery addreSS different from Item 11 II YES, enter delivery ackIress below: SALES (493472609) JPG PS Form 3811, July 2001 Domestic Return Receipt o Agent o Addressee DYes QNO o c: <-: -Utr. fnfr: -"""}' ~~~~ .......~:. S;CJ j>r. ~l-o') )>C: ~ -.. c:> ,'-' ..." ~.,., tP I ~ -0 ::JI: r:-? # o -';"1 c:> -r r:-~ :,:~8 =;)~~ ".'\11 S 5J '< , SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No,: 01-6134 CIVIL vs. DANIEL K. KULIG JILL ANN KULIG AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 905 MAPLEWOOD LANE. ENOLA. PA 17025, As required byPa, R.c.P. 3129,2(a) Notice of Sale has been given in the manner required by Pa, R.C,P, 3129,2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) andlor Certified Mail Return Receipt stamped by the U,S, Postal Service is attached for each notice, February 25,2002 1 y~/ FRANK. FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. COURT OF COMMON PLEAS DANIEL K. KULIG JILL ANN KULIG CIVIL DIVISION Defendant(s). NO. 01-6134 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 .905 MAPLEWOOD LANE. ENOLA. PA 17025. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, PA 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: DANIEL K, KULIG 905 MAPLEWOOD LANE ENOLA, PA 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None, 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TMS MORTGAGE, INC, 1770 TRIBUTE RD" SUITE 109 SACRAMENTO, CA 95815 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None, 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None, 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant'Occupant 905 MAPLEWOOD LANE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PAl 71 05 December 7. 2001 DATE 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 of18 Pa. C.S, Sec, 4904 relating to unsworn falsification to authorities. 1 ~rJ~ FRANK FEDERMAN, ESQUffiE Attorney for Plaintiff - . :9.-1 " c ~ S' ;:z [. i ",' '~ 8, ~ !l' ;:;1:: o ... 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""' i3i a::: ~ ""' 52 Cl P' ,~ ~ ~ o ~ tl:l ::i tT1 ,6 CI1 c:: ~ ..~ CI1 > () ~ a::: tT1 ~ ,0 () > -a V> 00 - V> I IV t" 0>2: - 5' ...c... " g'c.a .... ::0:: = 2 '" ~ )> ~rI). E ~ ... = c. .... ri' ... fl CD ~ => !=' z "" l: 3 C" '" ~ w ~ > ~ g ~ > ~ () 0 ~ ~ a::: tT1 ~ ~ :;: n ~ 1;; S s: :r: ;j ~ ~ ~ "'C en Ul ~ ~ Z 'T1 CI1 8 ;:l a::: ~ ~ .> ~ r;; a "0 () ~ ~ a::: ""' 'i ;< ""' ::;; ~ z o ~ El i'l :r:' ,~ ~ ,~ ~. tT1 :;<:l CI1 ~ tT1 ..""' (" ~ :;<:l c CI1 t" P' ~ ~ ~ o g ~ Z ..tT1 tT1 Z ~ ~ :::; o IV V> :8 ~ >< IV '" ~ ,}J> ~ CI1 tl:l ~ 9 ~ ~ s w ~ s; - ~ ~ ~ . . z >> 3 . o ~ ~ ~ ~ ;I j '" ~ r [ ~ ~ "tl-~ :r~ "1 :.;_ tTl .,...."0 ~~;;?tTl -g.5S~ 1"' ~ Q > "':>::~Z >gff~ ~~ae 8~~~ .!..g'~gJ OOt=s;:r'~ ~(5"'5> '- OJ .~ 2: " ~ w =-o.g =' ~ ;= (Zl g" = 5. ~._~ .. - ,!8 ;:; ., ~ 3 . " 0: ~ :'7,,..;...-'., "\,f) '-")~l " -'.. " ,~ -.-'" ~.~~.~':-~.::'~\ .~ == DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) DANIEL K. KULIG JILL ANN KULIG PROPERTY: 905 MAPLEWOOD LANE ENOLA, P A 17025 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6. ~, at 10:00 a.m. in Cumberland Countv Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale, You may wish to attend the sale to protect your interests, A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule, LH SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATfON No,: 01-6134 CIVIL vs, DANIEL K, KULIG JILL ANN KULIG A>> IOHNEV FILE COPY PLEASE RETURN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 905 MAPLEWOOD LANE. ENOLA. PA 17025, As required by Pa, R,C,P, 3129,2(a) Notice of Sale has been given in the manner required by Pa, R,C,P, 3129,2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No, 2 (previously filed) and Supplemental Affidavit No, 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S, Postal Service is attached for each notice, } JJ1 i , I Uliil/t:V FILE copy J.i I E-.URN February 25, 20<HLEASE R I FRANK FEDERMAN, ES UIRE Attorney for Plaintiff >- IT; ;'00 r./ U,J ..-;,j, ~2,:'.-':, U..:;;,' '.L (~i i..._' '-"- ;, :,.:) C") N ~ 5:;1; u~ c~;:::i . ~ ;~~ U.JLU c~o... :s o ., 9 .,r= ~:.( co ('oJ co u_J u... <"<1 o STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler 1,_____________________________________________________.________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which ---------------- GMAC Mtg Corp ___________________________.________________________________________________________ uthegr.antce 6th the same having been sold to said gr.antcc on the _______________________________________________ day of March ' .2002 .. ________________________________________ A. D., : _____, under and by virtue of a wnt______________ Dee clay of __________________________ A. D., Civil ______________________________..._______ __________ __ _______ ________________________ Tenn, : 6134 GMAC Mtg Corp Number ______________, at the suit of _______________________________________________________________ Daniel K Kulig & Jill Ann ---------------- ------------ -- _ _ _ __ against_ _ _ _ _ _ _ _ __ _ __ _ _ __ _ __ __ _ __ __ _ _ _ _ __ __ __ __ __ __ __ __ __ __ _ is 251 69 duly recorded in Sheriffs Deed Book No. ____________, Page ____________. Execution . 11 th ________________________________________________lSSucd on the _____________ _______________ __ _______ 2001 _____~ out of the Court of Cornman PIcas of said County 'as of 2001 IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ___L______ day /1p..., ( 2-dI' Z-- of ______________________________ A. D., ._____ ~---~----------------- Ilccordcr of Deeds GMAC Mortgage Corporation VS Daniel K. Kulig and Jill Ann Kulig In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6134 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2002 at 7:33 o'clock pm, EST, 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: Daniel K. Kulig, by making known unto Daniel K. Kulig, personally, at 905 Maplewood Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 21,2001 at 4:41 o'clock pm, EST, 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: Jill Ann Kulig, by making known unto Jill Ann Kulig, personally, at 1225 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08,2002 at 1:40 o'clock P.M., E.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel K. Kulig and Jill Ann Kulig located at 905 Maplewood Lane, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency ofthe action to one ofthe within named defendants to wit: Daniel K. Kulig, by regular mail to his last known address of905 Maplewood Lane, Enola, P A 17025. This letter was mailed under the date of January 28, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Jill Ann Kulig, by regular mail to her last known address of 1225 S. Market Street, Mechanicsburg, PA 17055. This letter was mailed under the date of January 28,2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of$1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $761.50, it being costs. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law J oumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 14.93 15.00 15.00 30.00 10.00 .50 1.00 17.25 .82 15.00 30.00 284.00 222.30 24.20 25.00 26.50 $761.50 Sworn and subscribed to before me This ~ day of () >>-,~'J I 2002, A.D. ~~ O. ~ I ~ Prot onotary ~~4~ R. Thomas Kline, Sheriff BY Vt c&.l JML~ Real Estate Deputy o?~ .Jb. oV p.-o CIc 3;(AJ'{ (, Av. j:l.37)1 GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DANIEL K. KULIG JILL ANN KULIG CIVIL DIVISION NO. 01-6134 CML Defendant(s). 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 .905 MAPLEWOOD LANE. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be 'reasonably ascertained, please indicate) DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, P A 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICS BURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, P A 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: -, , Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TMS MORTGAGE, INe. 1770 TRIBUTE RD" SUITE 109 SACRAMENTO, CA 95815 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 905 MAPLEWOOD LANE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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. 1 t rL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff December 7. 2001 DATE .. GMAC MORTGAGE CORPORA nON Plaintiff, CUMBERLAND COUNTY No. 01-6134 CIVIL v. DANIEL K. KULIG JILL ANN KULIG Defendant( s). December 7,2001 TO: DANIEL K. KULIG 905 MAPLEWOOD LANE ENOLA, PA 17025 JILL ANN KULIG 1225 SOUTH MARKET STREET MECHANICSBURG, PA 17055 **THlS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 905 MAPLEWOOD LANE, ENOLA. PA 17025. is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 166,230.45 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for th~ JUNE 5, 2002 Sheriffs 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: L 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. 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 tire 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, P A 17013 (717) 249-3166 (800) 990-9108 . ../ ALL TH.\ T CERT;\,I~ 10( or piece of ground situate in the Township of East Pennsboro. Cumberland Coumy. Pennsylvania bounded and descri.bed according to a certain Final Plan for Penn Valley Phase 1. prepared by Hartman and .\ssociates, Inc" Engineers and Surveyors, Camp Hill, Pennsylvania, dated June 23, 1993 and last revi.sed September 9. 1993 and recorded on :'>iovember 5, 1993 in Plan Book 67. Page 20, as follows. to wie: BEGI~01ING at a poim on the Northwest side of Maplewood Lane and a corner of Lot :--;0, 52 on said Plan; thence extending along said Lor Norrh 9 degrees 45 minutes 15 seconds \Vest 101.61 feet co a poim in line of Lot No, 47 on said Plan; thence extending along said LOt and cominuing ;-;orrh 80 degrees 14 minutes 45 seconds East 80,00 feet ro a paine, a corner of Lot :--;0, -1-9 on said Plan: thence extendim: alon~ said Lot and cominuin~ South 9 degrees 45 minutes 15 seconds East 129,98 reet :0 .1 - - ...'" point on the Northwest side of Maplewood Lane; thence extending along said lane along a curve having a radius of 200,00 feet, the arc distance of 85,53 f~et ro the point and place of begi.nning, BEING Lot No, 51 CONT.\INING 9,005,33 square feet, Tax Parcel #13-0999-094 TITLE TO SAID PREMISES IS VESTED IN Daniel K. Kuli~ and Jill Ann Kuli~. his wife bv Deed from Penn Valley Corporation, a Pa. Corp. dated 11 ll/I.)~ and'recorded 1/29/97 in Reco~d Book 152, Page 754, WRIT OF EXECUTION. and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6134 CIVIL 19 CIVIL ACTION - LAW CUMBERLAND ro THE SHERIFF OF ______,_____~__~_____COUNTY To satisfy the debt, interest and costs due __c;~~~l"!~E!JIage Corporation PLAINTIFF(S) PA 17025 and Jill Ann 17055. from __~anie~_!<. Kulig, 905 Maplewood La~E:l' Enola Kulig, 1225 S. Market st., Mechanicsburg PA DEFENDANT(S) Real estate located (1) You are directed to levy upon the property of the defendant(s) and to sell at 905 Maplewood Lane, Enola PA 17025. (See attached legal descripton. ) (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 Of for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthe defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, L,L, Due Prothy Other Costs $.50 $1. 00 Amount Due $166,230.45 Interest 12/6/01 to 3/6/02 $2,459.70 Atty's Comm Atty Paid Plaintiff Paid % $132.25 Date December 11, 2001 CURTIS by ____ Deputy REQUESTING PARTY: Name Frank Federman, Esq. Address: 1617 JFK Blvd., Ste 1400 Philadelphia PA 19103 1814 Attorney for: Plaintiff Telephone: (215) 563 7000 Supreme Court ID No, 12248 REAL ESTATE SALE No. 55 On December 13,2001, the sherifflevied upon the defendant's interest in the real property situated in East PennsboroTownship, Cumberland County, PA, known and numbered as 905 Maplewood Lane, Enola and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13,2001 By: 9 tJ~ ~mi::l:h Real Estate Deputy VINV^lASNN3d II C:!"j 1.1'1:) 10. Wd ZE E ZI :1:10 AlNOO:) C))// hUBr/OO .:I.:11ll3HS 3111 .;lO 3:l1.:l.:l0 . ~ ~ ~ , , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, V1Z: JANUARY 25, FEBRUARY 1,8,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ,} Roger M. Morgenthal, Editor ... RBAL B8TAft &AUt 110. ISIS Writ No, 2001-6134 Civil GMAC Mortgage Corporation SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 vs. Daniel K. Kulig and Jill Ann Kulig Arty,; Frank Fedennan ALL TIiAT CERTAlN lot or piece of ground situate In the Township of East Pennsboro, Cumberland County, Pennsylvania bounded and described according to a certain Fi- nal Plan for Penn Valley Phase I. prepared by Hartman and Associ- ates. lnc.. Engineers and Survey- ors, Camp Hill. Pennsylvania. dated ___ _____ ~.._ . __.1..0._ NOTARIAL PubI\C LOIS E. SNYDE~ CountY .:= Expires March 5, 2005 ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and..IM Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said countYlD phin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ...................... .'. ...... .. COpy Sworn to and subscribe ary 2002 A.D. S ALE #55 ....... ." . Mo.. .. .::~,', ." ' .. .., -,.' ~.. .' ...,:..,:'........ ....'.... ' ...... '.,.... ,. :~ " " " " "',:.. ,'.~; .,- ',.,.-.< . ". '~'"i,...;;;il.'.. NolaJtal Seal T8IlY l. RUIll(ll1, Notary PublIc Harrtlburg, Dauphin County ARY PU BUG My ComrDIuIon Explras June 8, 2002 ..' J commiSSion expires une 6, 2002 Member, Pennsylvania Association 01 Notaries CUMBERLAND COUNlY SHERIFFS OFFICE CUMBERLAND COUNlY 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 $ Probating same Notary Fee(s) $ Total $ 220.80 1.50 222.30 publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... .;.'~ .' ~.;,~, .'e" . ""'"" 1l- ., :'r"'\,: ) ) I r Corrected Deed ,/ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________________ ________________Ileco~ro( Deals in and. for &aid County and State do 'hereby certify that the Sherifr. in which ________________ Secretary of Veterans Affairs . ___________________________._________________________________________ ______________ u theg<antcc 6th the same having heat sold to said gntntcc OIl the _____________________00___ ____________n______ day of March' . 2002 " __00____________________________________ A. D., ' __on' under and by ,rtue of a wnt______________ llt Execution . ___________________________n___________________lSSucd... the ____ow_on __________________________ 2001 ___ow, out or the Court of December day or __________________________ A. D" Picas or said County'as 0( 20r Civil ------------------------------..----------_______ ________n_____n____ ___________ Tenn, : " 6134 GMAC Mtg Corp Number ______00______, at the .uit of ______________________00____________ __________________________ DAniel K Kulig & Ji 1 Ann ___________________________________agaiRst____________________._______ ____________.__________ D 251 3321 duly recorded in Sherifr. Deed Book No, ____woo_own' Page ____________. IN TESTIMONY WHEIlEOF, I have hereullto * set my hand and seal of 'd office thU __j~______ day of -----~7f--- --ji---1ft D., ----7((- -- -~--- <1..t!!~_ Deeds t'r~-==~"~'::;'~