Loading...
HomeMy WebLinkAbout04-2256 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 04 -.2J..S/.. (l,'uLC ~Ea-.~ v. CUMBERLAND COUNTY TYRA H. KIRCHNER NK/ A TYRA HOPE BURGARD 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 JASON L. BURGARD 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 90582 FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 A TIORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND County TYRA H. KIRCHNER JASON L. BURGARD No. 04-2256 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORfGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP By:7~ ''I~~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: Julv 14. 2004 /rnxp, Svc Dept. (") (-~ ......, c.~ c;:j """ <- c::: f"'" ~ :2.., n1-- FTI :g~J ;::;,(:) ~H~ '~:I 0'\ ~ o :~ -.0 File #: 90582 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN 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 AFfER 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. '1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known addressees) of the Defendant(s) are: TYRA H. KIRCHNER A/KJ A TYRA HOPE BURGARD 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 JASON L. BURGARD 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/08/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HEADLANDS MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1550, Page 483. By Assignment of Mortgage recorded 1/10/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 664, Page 44. 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 11/0112003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 90582 . 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2003 through 05/18/2004 (Per Diem $23.92) Attorney's Fees Cumulative Late Charges 06/08/1999 to 05/18/2004 Cost of Suit aud Title Search Subtotal $99,773.38 5,525.52 1,225.00 152.54 $ 550.00 $ 107,226.44 Escrow Credit Deficit Subtotal - 533.71 0,00 $- 533.71 TOTAL $ 106,692.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. {fthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,692.73, together with interest from 05/18/2004 at the rate of$23.92 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. FEDERMA~ND PH!,:LAN~ By: IslFn?nr~1~1l'1f.lfnfau FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 90582 AlJ., THAT CI:ll.TAIN Ifact OJ' patceI of Ilmd pd ~. Iimalt:, 111118 pd boit1& in the To.......lp of Saalll MIddl- in die Coaaly of Cumbcrllad and Conu1\OrNIeaIlb of Pcnasylv..ua. mote pmlculariy described all CoUOWI: ,\.ccOtdiol!. to. IUrvey d8lcd Scplember 18, 1979, by l!. Stiffler, Reglslen:d Surveyor. .hOWD lIS I-ot No. I. lIS fi>11CW. 10 wit: Of . BBGll'1NlNG as; a }>GiD( il a. coucn:Ie monument on lbc wCSlCm leg", righf-of-way Imc of TowaIhip Road T-518 a110 Jcnawn as WbiItcY'SpriIlgs Road. It Q comer of Iud now or rorll1c!t'ly ofGotdon W. L111m; \heqJce by land now or fiK1det1y ofOOldOn W. L111u1, NorlIt cighly-l\vc (8S) dc&reco fitty.cix (S6) mllwlc:l fill;y-cl&IU (58) ICCnads WecJ. Ibrec hul1dred cighly.lWG aPe! lID ollC IulIIdtallhs (382.00) feet to ad Iron pill &llallll of _: Ihencc b11aPd of same. Nor1h Ibrae (113) de&l'eCll fiCly..bc (56) mIIIulc:I CWClll)'-els/1t (28) sccoodl East. 1- huud1'ed fifly-lWO and faR)'. nincl hlllldredllw an.49. tecllO In icon pin a.I odlcr Iattd IIOW OJ' formerly of GCOlllc ~I; _ b11a11d (jf _. SouIb IeVllDl1 (H1) dear- fIlty-8lx ($6) mlnuld flfly~ (S8) secallda IlI5t dtmt buttdfal Dil1Cl)l-llvc and ninelY-ICVCI\ oaa 1IIItIdn:dths (39$.97) feel to 11II Iron pin 0Il1bc _~ lepl rightoGf-way Ilue ofT.~n8. ~)gJawn as Whlslccy SprilIgs &ad: tI1cncc in and aloJllllhe western lepl tigItt-<Jf'.way liDO ofT-S18. SIlIIlb fOdf (04) desr= lIlrce (03) minutes lWD (02) scCOIIds West one bundted fifty IIlIlI no 0IIe hUDdrcdth5 (lSO.OO) feet. 10 " concrele QIOIHlIIICIII OlIl1id watcl1Ilepl ripl-<lt-...,. line at corM!' of land now or rormerly of Clordod W. LuIm. bcUtg ..... fint ItICIIIIoaed poiat aad pl8Ce of BEOINNING. . CONTAINING 1.76S_. BEING THE SAldE PRSMlSES WHICH Sric V. Kitcbaer ItId Tyd H. Kirdmct. bill wlf". by llteIr Deed daled'''' 8. 1999. n:conk:d June: 16, 1999. in tlJe Office ofrhc ~dcr afDer:ds In _ '201 pa&C t:1.7, pnled aPe! ~ IIIIlO _.... for ~._.....1lIPd CouRt)', PcaDsyIY8llla, m Book or.:.,. H B'..-..I J'Diacd in tills 4;OR\Icyu>ee ...... ......- , tIlownbymarriasellS .,.- . ~_.. . Tynt H_ KII\:bIII=C. wIlo 15 JID'jII \I:DoDCY by die ~. Qn.ntedIIIerCiII. by JISOI\ L. Burprd. 1tu~ \D ClUl,e 321 WHISKY SPRINGS ROAD. PREMISES BEING: VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he 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 afhis knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. $ DATE: Ibr; /0 <-f ^if (:) ~ 1 .err (-':' "'_l V) C , ~. , B ~ C> - _:.1 8 - ,... -, c:J --. ~,..., f.... - w , '.:" 0- ~ p:: - : ~ - c_:; ~ Cl L',..' SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02256 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRCHNER TYRA H AKA TYRA ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KIRCHNER TYRA H A/K/A TYRA HOPE BURGARD but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KIRCHNER TYRA H A/K/A TYRA HOPE BURGARD 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6.90 5.00 10.00 .00 39.90 so.~~/ R. Thomas Kline . Sheriff of Cumberland County FEDERMAN & PHELAN OS/26/2004 Sworn and subscribed to before me this / A,.I- day of ~ .J.04J''I A.D. C1~-,-_O~ ~ prot:ihcfnotary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02256 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRCHNER TYRA H AKA TYRA ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BURGARD JASON L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BURGARD JASON L 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So a~"~~_~i3~.: _-,/:----~~~// r 0~~;<~'</:: ~~ ~ ---~~6 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN OS/26/2004 Sworn and subscribed to before me this J~ day of C),....,,- d//{) '-( A.D. ~' . u-Cl Pro otary !-n, ';1', .' , A f}'Jj FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., rd. No. 12248 LAWRENCE T. PHELAN, ESQ., rd. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 A TTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND County TYRA H. KIRCHNER, NKI A TYRA HOPE BURGARD JASON L. BURGARD No. 04-2256 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP By: '7~ ':/-d~7 FRANK. FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: June 15.2004 Irnxs, Svc Dept. 0 ....., c: = 0 = .,- ....- ., "'1'1;-:;:-': C)~'~-' '- 5:":'..,.., c:: -.-..". ";:.- -- m;= (/) -om ,..".';' en J?y ~-. ~;() ~t~ ~~3 5: ;c:p ,~)_,J ~-f~ :?: '-.~' ..:;:"'. -< C) !~'~ (J'i ::< SHERIFF'S RETURN - OUT OF COUNTY CAS8 NO: 2004-02256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRCHNER TYRA H AKA TYRA ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and , to wit: and inquiry for the within named DEFENDANT BURGARD JASON L but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 19th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 07/19/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this J /"'-* day of {fJ1 J.U-O 'f A. D . C)"r~ Q~ ~ Prothonotary' r J So ans~ .._. ~---- ~~~~ R. Thomas Kline Sheriff of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-960 I 45 N. GEORGE ST., YORK, PA 17401 1 PLAINTIFF/S! ".,...,'..'."~.~;ui..;~...... "~,~",.....,." PLEASE. TYPE ON. Y LfiE 1 THRU 1: DO NOT DETACH AMY COPES 2 C8~~~~~6'E~ivil -~- ._ TYPE OF WRIT OR COMPlAINT Notice & Complaint Mortqaqe Foreclosure SERVE { 5 NAME OF INO'V10UAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEV'EO. ATTACHED, OR SOLO .. Jason L. Burqard 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO. TWPJS~ATE AN)' ZIP CODE) AT 328 Coffeetown Road DillsbuW' PI\. 17019 {)W< cJ~ 7 INDICATE SERVICE' a PERSONAL a PERSON IN CHARGE JIIOEPUTIZE "'~'\l-'i~ U1STCLASSMAIL UPOSTEO UOTHER NOW _ .Tllly 1 ,20llL.- I, SHERIFF OF~COUNTY, PA, do hereby deputize the sheriff C York COUNTY to execute th~~e return th~e!:/!r.PI:: . ording to law, This depulization being made at the request and risk of the plaintiff, .; //.cc,:"",..".~ ,,/" a ,~ SHER.FF OF-.:eo 8, SPECIAL INSTRUCTIONS OR OTHER INFORMAT'ON THAT \IIIILL ASSIST IN EXPEDITING SERVICE eunberland SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN GMAC Mortgage Corporation 3 DEFENDANTI$I Jason L. Burgard eH~B2hxR~NTY Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PD BY ATTY NOlE: OHL Y APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon 0( attaching any property under within writ may leave same without a w,lchrRiln, in custody of whomever is found in possession, after notifyinp person of ~vy 0( attachment, without liability on the part of suell deputy Of the sheriff to any plaintiff herein for any loss, destruction. or removal 01 any property before sherirrs sale thereof. ' 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 1'0. TELEPHONE NUMBER 111 OATE FILED FRANK FEDERMAN 215-563-7000 6-16-04 12. SEND NOTICE OF SeRVICE COPY TO NAME ANDAOORESS BElOW: (ThiS. area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF .. .........'......__~OR_.>>It....,..,,'.:...OO'.._...OW.'ftllI:UE 13. I acknOwledge recei~ of Ihe writ . 1'''' DATE RECEIVED 1'5. ExpiratiOnlHearing Os "'C:Omplaln'asind'ca'ed.boYe R. AHRENS 7-2-04 7-16-04 18 HOW SERVED PERSONAL ( ) RES'OENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS 8EL( 17, a I hereby certify and return a NOT FOUND because I am unabltt to locate the individual, company, elc. named above. (See remarks below.) 18. NAME AND TITlE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOVlIN ABOVE (Relationship 10 OefendilnO 1'9. Dale of Service 120. Time of Service 21ATTEMPTSI~.;ljj~~I~~10.~ITim.ti'.'I'nl 1001.IT'~I-I'~ 10.~IT_IM'~I'nl Oa~ri~IM'~'I'nl lo.,eITI~IM".'lln' 22REMAR~vv t;$:t~ttJ~1;;:;; ~ r4 c~JkIL JJ, \Q 1101 U~\''b.~ c;\-, A-f* \?D;;{ - - ~o.yu'c4wy I a i 7 (j~S ~43O?J \' rif Ot<.. I~ focC>t"\o'tr 0'\eL\(OY\!U;bUlJI U JI()5's-550~ 7-1,,-61 2; ~d~; Com, 12<1..20 Cost, W ~ iJ'j"3e 127 PO,~gt? 7.i!' 129, Pound I ~ ~ 131 Su'chg'I:/1. 13'133 Z{5~fr ~g73; 34. FONlgnCounty Coati 135. Advance Costs I 36. SecviceCosts 137. Notary Cert. i 38. MiIeageIPostageNotFound i 39. Total Costs 140. Costs Due or Refund 15 SO ANSWERS 41',AFFIRMEDandSUb$Ct1bedI0t1~~~iS ~ Sig t of 42....ot JULY ,20 044~,t;/ ~Oepn~ , ( - IN ARY 48, SignoMootY"", ~ Notarial Seal COUnty SheriIf James V, Vangreen, NOleryPublio i 11ILLIAM M.HOSE ' CIty of York, YorK County PA I ' , My Commlssi('"' "":'~;~e~ ~ar 21 2005 48. SignalureOr Font"'" _....._~ ._~_ . . " County Shenff 50. I ACKNOw..eOGE RECEIPT Of THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 4S. DATE 47. DATE 7-1 '>-01, 49 DAre (51. DATE RECEIVED 1. WiITE. iMuing Authority 2~ PINK. Attorney 3. CANARY. Sheli"'s Office .e. BLUE - Sheritl"s 0Ifi0e SHERIFF'S RETURN - REGULAR CASE NO: 2004-02256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRCHNER TYRA H AKA TYRA ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE BURGARD JASON L was served upon the , at 0008:58 HOURS, on the 13th day of August # 802 DEFENDANT at 1101 LINDHAM COURT MECHANICSBURG, PA 17055 JASON L. BURGARD , 2004 by handing to a true and attested copy of NOTICE together with REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 Sworn and Subscribed to before me this ::JIA-f- day of ~ .(JiJO'-{ A.D. ,- Q ~..Q.at:. othonotary . -r . So Answers: r~~> R. Thomas Kline 08/16/2004 FEDERMAN & P:E~ f'J BY:~; Deputy Sheriff . FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, P A 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, , CIVIL DIVISION . v. NO. 04-2256 CIVIL TYRA H. KIRCHNER JASON L. BURGARD Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY; Kindly enter an in rem judgment in favor of the Plaintiff and against TYRA H. KIRCHNER and JASON L. BURGARD, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: . As set forth in Complaint Interest from 5/19/04 to 11/3/04 TOTAL $106,692.73 $4,042.48 $110,735.21 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. \\aru'~Q ~~rri'OQ~ .iJANIEL G. SCHMIEG, ESQU~ Attorney for Plaintiff : DAMAGES ARE HEREBY ASSESSED AS INDICATED. _ ;} DATE: Ah\ q, 'J.c:df ~ ~ K . 7""-f PRO PROTHY t:T FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., rd. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21~) ~6~-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TYRA H. KIRCHNER, NKJ A TYRA HOPE BURGARD JASON L. BURGARD Defendants : NO. 04-2256 TO: JASON L. BURGARD 1101 LINDHAM COURT MECHANICSBURG, P A 17055 DATE OF NOTICE: SRPTF.MRF.R 3, 2004 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 ATTE~T TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU .A.RE !N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A 'NRITTEN 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 7.. " J' '- 11- ,/, . .//L.~ 'I; 'r J -+ ;;l'r__(,/~j__r' )!-,..~ .r- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff - FEDERMAN AND PHELAN, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 Suite 1400 One Penn Center at Suburban Station Philadelphia, P A 19103 GMAC Mortgage Corporation v. Attorney for Plaintiff - ~ .:::+-- "., /-'---i.. I \ I~, ___ :_ \ 'I __lL, iv CUMBERLAND COUNTY Tyra H. Kirchner, NK/ A Tyra Hope Burgard Jason L. Burgard NO. 04-2256 Civil Term ACCRPT ANCR OF SRRVTCR OF COMPT ,ATNT ANn W ATVRR OF SRRVTCR OF NOTTCR OF SAT ,R I, Tyra H. Kirchner, A/KJ A Tyra Hope Burgard, Defendant in the captioned matter do hereby confirm that I was served with the complaint in Mortgage Foreclosure in conformity with Pa. R.C.P., Rule 402 on June 3, 2004 but do not wish to make public the address at which service was made. I further waive my right to receive notice of default judgment as required by Pa. R.c.P., Rule 236 and Notice of Sale as required by Pa. R.c.P., Rule 3129.2. () -,:)7-Ct; Date Sworn to and subsgribe~;. before me t'(is d -:t- ~ day of c...C+clX;.r- ,20~. Notary: ,)illd\ 9'1/,': 'lZ/k/:/I f/:/Y/z;JeJ>J Tyra1i. Kirchn~r ~ A/KJ A Tyra Hope Burgard Defendant SHERIFF'S RETURN - REGULAR CASE NO: 2004-02256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRCHNER TYRA H AKA TYRA ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CuffiPerland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BURGARD JASON L the DEFENDANT , at 0008:58 HOURS, on the 13th day of August , 2004 at 110LLINDHAM COURT # 802 MECHANICSBURG, PA 17055 by handing to JASON L. BURGARD a true and attested copy of NOTICE together with REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 r~~> R. Thomas Kline me this day of Sworn and Subscribed to before A.D. Prothonotary t N ~ -{,Q.. ~ ...Q 1"--.) H:=. = () . ('::;, -n j,- D ~~ --:1 .....~ ... c:) :I.:-n 0 -.. ~ -, ~ . -:: fnF" 0 ~ CI) -;-11'1'1 f { . , I ~jJS' ~ " I...D --' (:)t') -0 c ~' ;~ . -- -I '. ~. ~ ........ -n "......:/"', ~ F .; ~~ \" I -~.. :;~2 f"5 - (~"',rn .. ,I ..... ~ ?~j [( co -< "'-< FEDERMAN AND PHELAN, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 Suite 1400 One Penn Center at Suburban Station Philadelphia, P A 19103 GMAC Mortgage Corporation v. Attorney for Plaintiff ~ ~~cr CUMBERLAND COUNTY Tyra H. Kirchner, NK/ A Tyra Hope Burgard Jason L. Burgard NO. 04-2256 Civil Term ACCF:PT ANCF: OF SF:RVICF: OF C.OMPT.ATNT AND W A TVF:R OF SF:RVICF: OF NOTTeF: OF SAT ,F: I, Tyra H. Kirchner, NK/ A Tyra Hope Burgard, Defendant in the captioned matter do hereby confirm that I was served with the complaint in Mortgage Foreclosure in conformity with Pa. R.C.P., Rule 402 on June 3, 2004 but do not wish to make public the address at which service was made. I further waive my right to receive notice of default judgment as required by Pa. R.C.P., Rule 236 and Notice of Sale as required by Pa. R.C.P., Rule 3129.2. t) -(:)7-CJi Date Sworn to and subscribecf"J, before me tt}is J:r :r;:J d~YJ of l;e.{..c Ix,;. r . 20~. Notary: ~mrA 911~: ---ZUV1/ Y://dz;/WA TyrctR. Kirc~r I NK/ A Tyra Hope Burgard Defendant ("') r--> 0 = (.:. t.:;:"" ,I .~- _"1fI1 --j <lI!'!'"", ::::L. -1'1 C-'J ....'~ on?" -nt'TI ":00 \.0 OC) -0 ~A :1J ......,..... ..,'" ( ) -...... {jn'1 -I ::';j r.~ ::::1 CO -<.. FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, 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 DMSION v. NO. 04-2256 CML TYRA H. KIRCHNER JASON L. BURGARD Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service 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 TYRA H. KIRCHNER is over 18 years o( age and resides at and wishes to keep address private see attached waiver. (c) that defendant JASON L. BURGARD is over 18 years of age, and resides at, 1101 LINDHAM COURT, #802, MECHANICSBURG, PA 17055... This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. \\(lru~Q ~~~r\\Jlf'i iJANIEL G. SCHMIEG, ESQUlKtfj"' Attorney for Plaintiff () r--.:l 0 = c:: C::.'l -11 ..t- o, -~~ --l .,. ~ ,.. :r: ('.:,~~ fi-! 'Tl i " ...:.: p ,1!"._ [:1 -12m I .'X)O 1..0 '- I (::lc; j'- -j" -ri V ,:'j;P :/': {"fl S~: ~~ CO ~. Request for Military Status , Page 1 of r Department of Defense Manpower Data Center NOV -03-2004 06:49:09 Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name KIRCHNER First Middle Begin Date I Active Duty Status I Service/Agency Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data 'Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches of the Military. ~~O-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database wl\ich is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https ://www.dmdc.osd.milludpdri/ owa/ sscra. prc _Select 11/312004 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION TYRA H. KIRCHNER JASON L. BURGARD NO. 04-2256 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisiops 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. \, ~(}sU.Q ~-15\'L1 tJ1 ..6ANIEL G. SC~MIEG, ESQ~ Attorney for Plaintiff i':) = (::~,) .J:;- Z 0:::) <.;; I \.0 o ." -::1 :1_ -n rn--- -oFn ""19 .,.l. ~. C).. .._-:U ~?5 :Ii /0 (:5rn ;'--1 ;:I> ~~ -r., 3~ co PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 04-2256 CIVIL TYRA H. KIRCHNER JASON L. BURGARD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $110,735.21 Interest from 11/4/04 to MARCH 2, 2005 (per diem -$18.20) $2,165.80 and Costs TOTAL $112,901.01 0QJ'l~iLA~fNO Df\ ~ANIEL G. SCHMIEG, ESQUIRE\j - One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ''f) 'f) =:. t-- ~ ~ .. ~ ;;J = (/) u '~ == U r"l ~ ." N ~:$ Z =:. QO ~~ 0 ~ ;t: Z ~ ." ~ ~ 0 ;;J .~ .g -<..:l ~ U ;;J r"l~ ~ ~'E' 0 ~ ~(/) ~~ t~ u ~~ ..... 00 0 r"l = ~.E ~ Q) fIJ ..0 Or"l ~ ~ Q C1:l >, ~~ ==~ O~ ~l5: == .. C1:l 0 ~~ ~ J1~ s ~ ." ~ s.. ~ O~ U ~~ e3 r"l r,i :;;a~ '>, Z Q) UZ > ~t, 11fs ~ g. ~ '..:l ~ ~;;J ~ ==Z ~~ ~ p.. 00 ,~ =:. Q) ~U ~O Ot: ~ f6 ~ ~ ~ Q ~ ~ ~~ r"l6 ;;J~ ~ ~~ ~ C Qi ~ 00 8~ u ~ u ~ .e 0 b3r"l -< rep ~~ ~ Z;;J ~ ~u >- co >- ~3; ;-- .. "? .', - "~:^.~ LUe::< :5 O-<c~ ::c fE:<:" CL ") t..I.- .-!"~ C)~:.:: 0'\ ) 6'''' ., cr , wo.: .1 :::J l' J ~Ir,*", LI.. :1"- i:.-:) t-:. :::: IJ.. -:r "7:-~ C'":.~, ~-) (J '= 0 "I ~ ~ '" ~ '::' ";: ~ :;- -..! 1;; ::: ~ ~ .. "" _ ......\J " .... ..." ..... 0=~ , I I I I I , ..()O () o~ Go 0 .J () 0"- 0 0 "'J ~ () tI.J rx v) 0-: ~ ~~ }?O:r) ~ ~ ('t) f) !"'J (V) ..., J ~ J {J~ -Q \) () Uj ......... . ~t>>- T J ~ ~ ~ ~ ~ ~ ~~~ " ALL THA'r CERTAIN ltact Of parcel of land and premises. situate, lying and being in the Township of South Middletown in the County of Cllmbcrhmd aDd Commonwealth of Permsylvania, more particularly descn'bed as follows: ACCORDING to a survey dared September 18. 1919 by E. Stiffler, Re8ilttcrcd Surveyor, sbownas Lot No. I, as follows to wit: BEGINNING at a point at a concrete monument on the Western legal right-of-way line of TOWfL'iihip :Road T-,t8 also known as Whiskey Springs Road, at a comer of land now or funnedy of Gordon W. Lubn; thence by land now or formerly of Gordon W. Luhn. North eighty-five (85) degrees fifty-six (56) minutes flfty-eigbr (38) seconds West three hundred eighty-two and no one hUDdredtbs (382,00) feet Co an iron pin at land of same: thence by land of same. North d1rce (00) degrees fifty-slx (56) minutes twenty--cight (28) sea>flds East, two Imndred fifty-two and forty-nine hundredths (252.49) fed to an iron pin at other land now or formerly of George Edsall; thence by land of same. South seventy (70) degrees fifty-six (56) minutes fifty-eight (58) seconds Bast three hundred ninety-five and ninety-seven one hundredths (395.97) feet to an iron pin on the Western legal right-of-way tine of 1'-518, at'lO known as Whiskey Springs Road; thcocc in and along the Wcmm legal right-of-way 1iDe of I-S1a. South four (04) degrees tbree (OS) minutes two (02) seconds West one hundred fifty and 00 one hundredths (150.00) feet to a concrete monument on said Western legal right-of-way line at comer of land now or formerly of Gordon W. lubn, being the first I1tentioned point and place of beginning. CONTAINING 1.765 acres. mu~ TO SAID PRF.MISF.5 IS VF.STED IN Tyra H. Burgard and Jason L. Burgard. wife and husband by reason of the following: BEING THE SAME PREMISES which Jeffrey Shane Pannebaker and Susan Kaye Pannclmkcr. his wife by Deed dated 4/2811998 and recorded 5/6/1998 in the County of Cumberland in Recurd Book 176. Page 883 conveyed \:Inti) Eric V. Kirchner llld Trya H. Kircbner, his wife. . AND ALSO BEING mE SAME PREMISES which Eric V. Kirelmer and TIya H. Kirdm:r. IUs wife by Deed dated 61811999 and recorded 6/1611999 in tbe County of Cumberland in Record Book :207, ra.ge B27 conveyed unto 'fyra H. Kirchner. single. AND ALSO BEING TH:E SAME PREMISES which Tyra H. Kircbner ntblm Tjra H. Burgard, joined by Jason H. Burgard, her husband by Deed dared 7/1512000 and recorded 7/l912OOO in the County of Cumberlan<1 in Record Book 225. Page'60 conveyed unro Tyra H. Burgard and Jason L. Burgard, wife und husband. Tal Parcel 14Q.. 14-0 140..Q 15C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From TYRA H. KIRCHNER AND JASON L. BURGARD NO 04~2256 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $110,735.21 L.L. $.50 Interest FROM 11/4/04 TO 3/2/05 (PER DIEM ~ $18.20) - $2,165.80 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $218.26 Other Costs Plaintiff Paid Date: NOVEMBER 9, 2004 (Seal) CURTIS R. LONG Prothono}P5Y ~ <...Bv L//lf0-. P. / {O?4rr.J-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PillLADELPHIA, PA 19103 -1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ " GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS TYRA H. KIRCHNER JASON L. BURGARD CIVIL DIVISION : NO. 04-2256 CML Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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. 321 WHISKEY SPRINGS ROAD. DILLSBURG. P A 17019. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TYRA H. KIRCHNER Defendant wishes to keep address private see attached waiver JASON L. BURGARD 1101 LINDHAM COURT, #802 MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE, NA 10300 KINCAID DRIVE FISHONS, IN 46038 MEMBERS FIRST CREDIT UNION 5000 LOUISE DRIVE P.O. BOX 40 MECHANICSBURG, P A.17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest 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 321 WHISKEY SPRINGS ROAD DILLSBURG, PA 17019 . 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 171 05 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. November 3,2004 DATE , \\~~~i(\A ~ANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff . -:--,;. '.. (") s:; ::~:j -< ~' . I"--.) <= (~;..:) ..::::- o -11 :~ fi"'i ~D -8 rn :1))") 0(- :::1 f' -.1::"11 S,':o 1("') f"n ;'::i I> :";(1 .< :;;r: c.) .....::: I w -:.; ::I:: co GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-2256 CIVU, TYRA H. KIRCHNER JASON L. BURGARD Defendant( s). November 3,2004 . TO: TYRA H. KIRCHNER Defendant wishes to keep Address private see attached waiver JASON L. BURGARD 1101 LINDHAM COURT, #802 MECHANICSBURG, P A 17055 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at., 321 WHISKEY SPRINGS ROAD. DILLSBURG. PA 17019. is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$110.735.21 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C,P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (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 r.emain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. . 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ' IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 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 THAT CERTAIN tract or parcel of land and premises. situate, lying and bciDg in the Townsbip of South Middletown in the County of CUmbetlaad and Commonwealth of PellllS)'lvanja, more particularly described as follows: ACCORDlNG to a survey dated September 18, 1979 by E, Stiffler, Reghttcred Surveyor. shown as Lot No. I, as follows to wit: BEGINNING at a point at a concrete monumeot on the Western legal right-of-way Jine of TOWIL"bip Road T-' t 8 also known as Whiskey Springs Road, at a comer of land DOW or fonnerly of Gordon W. Luhn; thence by land DOwor formedy of Gordan W. Lubn, North eipty-five (8S) degrees fifty-six (56) minu.tes fifty-dght (S8) seconds West three bUndled. eighl3'-two and no one huDdrcdths (382.00) feet 10 . an iron pin at 1aDd of same: tbcncc by land of same. Nunh three (OJ) degrees ~~sii (56) mlDUteS twenty-eigbt (28) seconds East, two hundred fifty--two and forty-nine hundredths (252.49) fed ~ an iron pin at othel' land now or formerly of George Edsall. thence by land of same. South seventy (70) degrees fifty-six (56) minuteS fifly-eigbt (58) secoods East three huMred ninety-five and ninety-seven one hundredths (395.97) reet to an iron pin on the Western legal rigllt-of-way tine of T-SI8, alllO known as Whisky Springs Road~ thc:oce in and along the Wcstcm legal rigbt~f-wIY line of T-.518. Sottch four (04) degrees three (03) minutes two (02) seCODds West ODe hundred fifty and no one hundredth!> (150.00) feet to 8 concrete monument on said Western legal rigbt-cf-way line a.t comer of land now or formerly of Gordon W. Lubo., being the first lUentioned point and place of beginning. CONT AJNINQ 1.76' acres. mu;: TO SAIn PRRMISR., IS VESTED IN Tyra H. Burgard and Jason L. Burgard, wife and husband by reason of tbe following: BEING THE SAME PREMISES wbich Jeffrey Shane Pannebalcer and Susan Kaye Pannebo.1ccr, bis wife by Deed dated 4/2811998 and reconkd 5/611998 in the County of Cumberland in Record Book 176, Page 883 OOtt\'eyed onto Erlc V. Kirchner and Trya Jt KirchnCf, his wife. AND ALSO BEING mE SAME PREMISES which Eric V. Kirdmef aDd Trya 1:1." Kirclmer. IUs wife by Deed dated 61811999 and recorded 6/1611999 in the CoUDtY of CumberWld in Record. Book 207, Page rrn oonvcyed u.nto Tyra H. Kirchner. single. AND ALSO BEING THE SAME PREMISES which Tyra H. Kirdmer ntbim Tyta H. Burgard. joined by Jason H. Burgard, her husband by Deed dated 7/1512000 and rc:conIed' 71191"1J:XX) in the County of Cumberland in Record Book 225. Pqe '60 conveyed unto Tyra R. Burgard and Jason L. Burprd. wife and husband. Tax Parcel #40-14-0140-015C ~ n ......., 0 c.;:::> s; C:'::;) -n ....- ;-'.:.,,, .-l '"' ll' (5 :r: -" j",'" \ ~ .'; , I'll F.~ - 1 -~ , , .. -nf"11 I :..:)? ....0 ......J :-:-IU ~..- ~'. ~2~~ .' -r? ... J :J: ......-- , , ~i> Cl S-:~ ..-1 ::1 ;.r~; "~:o,," \.0 ::< IN THE COURT OF COMMON PLEAS OF CUMBERLA.ND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION ) CIVIL ACTION ) vs. TYRA H. KIRCHNER JASON L. BURGARD ) CIVIL DIVISION ) NO. 04-2256 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORA nON hereby verify that on 11/8/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 20,2005 "~" ' \ ' D IEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff :P.;;3 1- R " - - - . - - - r ;:'z '" ". W N - 0 ~ c<> --> '" '" ~r .'3 ... w N - "~ ~. ",' ~ g, w: )> it ;:l. ~ o' iD z " 3 CT '" ~ "'., ~ R 0 !!.E. I:Jj ~ I (') 0 z !~ ~ ~ 0 . ~ a -~ ~ ~ . "" s, o ' . 0 ~ 0 tr1 en > - - ,~ Bl 0 ..-J ~ 0'" ~ ~ ~;:;. 0 n , ~ a ~ ~ z (') ~ ~ (') " J> i ..-J ~ r .:>J ,- :iJ ~ ,::> ~ ~ r> '''' . <::> ~ . <::> ~ ~" ~ .. w ", en ~ ~~ N "'''' - tr1 0 ~ -€l" P >2 2 '" oi ,> " (') g c3 ~ f:5 en > ~ Ii t$ ~ ~ '" ;:- ~~ to t:l 1:1 '" ~ - ~ ! ~ ..-J tr1 ~ p3 ~ >< ~ ~ f(J 0 "1 0 ~ - .- 0 1\ Q' .z ~: tr1 . 0 '" '" ~ 8 5: L~ 8 ~ :>J ~ ~w 0 .~ -, r 2, 0 .~ "', C ~~"'S--1 0', '" t:l q :;; o8~~1f e' tr1 - ~~agZ' v.' r 0 '" 0 r ~ ~ 1f 5 ~ ~ z::: '" '" ""~$Og'" I:Jj ~ ;,.tr. ;. j:J ~ ~lil6" ::r: ~ ;::1 g. ~ I'-' ...., 0 t:l f(J '" p ~ - s.v>...., 0 5:> 8'~gg"" ~ .., 5 ;'i r ~n'" I:Jj 0 e. . tlC1" 0 - s-':<'1:IS-t;;. X --> ", ;;i g'"2 ~ g:@ 0 0 , 5l '< ~ ....0 ". ::0 I:Jj :>J c ~ 5 o.~' p ~ '" ;:;,,'" g C4 ~ ~ o ." ~ b -::",,::1 ::I 3 ~ ~ ::I e. N (') '" ~b;lg;;: ~ --> '8 0 Y' ...-J ~ ~ ~ ~ ~ ~ a ~. m g. ~9~'" (') ",.;::: nl ::l '" ,;S",C4 I:Jj nl ~. '" s. e..5.::::~ ~ '" '" ilj g,g I:Jj j;; ~~'go' p ~ g '1:1 ~ E.. ~ P ~ -~ a ~. * g o..:!. - '" - g.(;~r; --> :>- --> .gg8z. 0 0 '" ::; w ~. m51 '" g~~~ ~ -nl ,., ;:.: il $ g';i / S ;( -' t-'\cS POs~ /;:s.' o .. ~ giiL o '0 (}} Vl.. g a II o .. .~ ~ ~~. 8 ::'" ~- '~:""@.C'-,~~~ ~ ~:.. 5' z ..1' 4 ~",,-~P'~~~<;!~' ~~VlC4 ..... -, ::1 ., / ~ l'llNl'l BOVlES\ ~ 0" $ 01.5 0 ~. ~.g g ,. . <-',: 1A n 0-' ~~8:J "". "" ".'; ,:;3C<:37' ry::J ',q :'::c)u" :::?'l1i:~ . .~ MAJLEO FROrvl ZfPCODE ': 9~ .:)3 3:"....~ ~ v;'~.~ 0 ~ ~g' I I I I I I IJJJJJI o>z ...""Ol OO""S <> ... <> = tl fl) ~~::I ... "" "'-0'Tl g:~~m iir-...JftI'C! i!~~ . . g ~ ~~&:g -gOlm \O("\l-~ o~W~ '-" g.. .'...~'i . OOCcJ"'~ .......-t>:lt'""'" ~~:::I'1:I l-d ~ r/J 1aS- ~,. Ct. ...",8 . p ..-J ~, ~ Ft .g ~ ~ 8 ,-> ~ <J' ,- :;:p" .-....,. ,,~ ("'" ,:-.,(\ N ~ ......tJ .-r>.;~ _"".k (...) ,-,' - - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: Oil--- 2J. ~ I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce 'fy that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grant e on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution issued on the 9th day 0 Nov, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 2256, at the suit ofGMAC Mtg Corp against Tvra H Kirchner & Jason L Burgard is duly recorded in eriffs Deed Book No. 268, Page 308. IN TESTIMONY WHEREOF, I have hereunto s t my hand and seal of said office this day of ~t.. ,A.D. ()-<:;oS Record of Deeds Recorder of Deeds, Cumber!end Counly, CertIsIe, p" M)' COnmsslOll ExpIres the First Monday of Jan. 200S IJ. :/{ej)-(/" , , GMAC Mortgage Corporation VS Tyra H. Kirchner and Jason L. Burgard In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2256 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that n December 08, 2004 at 2:46 o'clock PM, he served a true copy of the within Real Esta e Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jason L. Burgard, by making known unto Vema We , grandmother of Jason L. Burgard, at 3907 Rosemont Ave., Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states tha on January 03, 2005 at 2:15 o'clock P.M., he posted a true copy of the within Real Estat Writ, Notice, Poster and Description, in the above entitled action, upon the property 0 Tyra H. Kirchner and Jason L. Burgard located at 321 Whiskey Springs Road, Dillsb rg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within nam defendant, to wit: Jason L. Burgard, by regular mail to his last known address of 390 Rosemont Ave., Camp Hill, P A 170 II. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberlan County, Pennsylvania on March 02, 2005 at 10:00 o'clock A,M. He sold the same fo the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the highest bid d best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to SheriffR. Thoma Kline the sum of $1,1 76.29, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 23.06 15.00 15.00 30.00 10.00 .50 1.00 17.02 1.95 j :) /J ? tp. ~ "- ,.. C{ :3 "lhA-l/?- Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 30.00 437.45 455.08 30.73 25.00 39.50 $ 1,176.29 Sworn and subscribed to before me This JL day of JY1~t, 2005,A.Dt,. '..4h~' Prothonotary ~. So Answers: :?"M:~~ ~ It Thomas Kline, Sheriff BY :JtdrIstvdJ7 Real Estat eputy ... , GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEA TYRA H. KIRCHNER JASON L. BURGARD CIVIL DIVISION : NO. 04-2256 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, D SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was following information concerning the real property located a 321 WHISKEY SPRINGS DILLSBURG. PA 17019. . . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TYRA H. KIRCHNER Defendant wishes to keep address privat see attached waiver JASON L. BURGARD 1101 LINDHAM COURT, #802 MECHANICSBURG. PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien 0 the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . " f 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) BANK ONE, NA 10300 KINCAID DRIVE FISHONS, IN 46038 MEMBERS FIRST CREDIT UNION 5000 LOUISE DRIVE P.O. BOX 40 MECHANICSBURG, PA.17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and hose 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 an 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 321 WHISKEY SPRINGS ROAD DlLLSBURG, PA 17019 . Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 OS I verify that the statements made in this affidavit are true and correct to the best of my pe sonal knowledge or information and belief. I understand that false statements herein are made subjec to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 3. 2004 DATE ~~~J\U~ ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff . .. ,. GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-2256 CIVIL TYRA H. KIRCHNER JASON L. BURGARD Defendant(s). November 3, 2004 . TO: TYRA H. KIRCHNER Defendant wishes to keep Address private see attached waiver JASON L. BURGARD 1101 LINDHAM COURT, #8 MECHANICSBURG, PA 1705 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COllECT A DEBT AND ANYlNFORM TION OBTAlNED WIll BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHAR E IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR ED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." . Your house (real estate) at 321 WHISKEY SPRINGS ROAD DILLSBURG PA scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumber! Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $11 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., 7019 is d County 735.21 entthe Ie 3129.3. 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late harges, costs and reasonable attorney's fees due. To find out how much you must pay, au may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike 0 open the judgment, if the judgment was improperly entered. You may also ask the Cou 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 m re 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 ANDYOUHAVEOT R RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 2. You may be able to petition the Court to set aside the sale if the bid price was' gr inadequate compared to the value of your property. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidd . You may find out the price bid by calling (215) 563-7000. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in he 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 r,emain the 0 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 th and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin you. 6. You may be entitled to a share of the money which was paid for your house. A sc edule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are fihid wi 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, i you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma no be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. 'The sale must e postponed or stayed in the event that a representative of the plaintiff is not present at he sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 .. ALL TRAT CERTAIN lract or parcel of land and premises. situate. lying and being in the T Qf Soulll Middletown in die Counry of Olmberllll1d aDd Commonweallll of Peonsylvania. ro C\! particularly described as follows: ACCORDING [0 a survey daled September 18. 1919 by E. Stifflc.-, kc:gilltered Surveyor. shown as t No. I, as follows 10 wit: BEOINNING at a poinl 8\ 8 concrete monumenl on the Western legal dght-Qf-wity line of TOWIIS . ~ T-513 a)w known as Wblllkey Springs Road, al a comer of land now or funnedy of Gordon Luhn; thence by land now or formerly of Gordon W. Luhn, North eisJity-five (85) depea flt'ly-slx ( ) mil\1lUls tlfty-elght (.58) seconds Wesllhree huDdred eighty-two and 110 ll1Il1 huodredlha (382.00) feel an iron pin allalld of same: tbcnce by laIld of same. Nonh dItee (03) degrees fifiY~slx (56) IlIl twenty-eight (28) $l!COIlds East. (wQ Imndl'\ld fifiy-two and forty-nine hundredths (252.49) feel ~ an . pin at nth... land now or formerly of Gmrge Edaa1l; lbence by land of wne. South seventy (70) degr fifiy-six (56) mbwoos tifty-elght (58) seconds East three hllDdred ninety-five and Dinety-seven bUlldredtlls (395.97) feet 10 an Iron pin on the Weslern legal tigllt-of-way line ofT-SI8, also kJlown Whiskey Springs ~: thcDce in and aJoog the Western 1egal right-of-way ~ of I-SUI. SollIh r. (04) degrees tbree (03l minuleS two (02) seconds West one hundred flfly and IlQ one hundr (150.00) feet \0 a concn:le moowneol 00 said Westem legal right-cf-way line at comer of land now formerly of Gordon W. Lubn, being the first mendoned point and pl1lCe of beginning. CONTAfNlNO 1.765 acres. TITI.E TO SAID PREMISF.5 [S VESTED IN Tyra H. BuIgard and Jason L. Burgard. wife and husband by reason of the following: BEING THE SAME PREMISES wbicl1 Jefftey Shane Pannebaker and Susan Kaye Panncll8lrer, his wife by Deed dated 412il/1998 and recorded SI6JI998 in the County of Cumberland in Record Book 176. Page 883 con~eyed Ull\() Qle V. Kltcbner and Trya II. Kirchner, hl$ wife. AND ALSO BEING THE SAME PREMISES wbk:h Brie V. Kirdmer aDd Tljta Ii. KlrcImet, his wife by Deed dated 6/811999 aDd IeCOIded 611611999 in the Colltlly of Cllmbedand in Record Book 207, 1't1g0 827 wnveyed tIl1tO Tyra H. Kirclmer, single. AND AlSO BEING THE SAME PREMISES which Tyra H. 1<lrebner nlblm Tyra H. Burgard, joined by ]lI$OIt H. Burgard. her husband by Deed dated 7JlS/2000 and rccanIed 7/19/2000 in the County of Cumberland in ReconI Bool: 22.5, Page SliQ conveyed onlo Tyra II. Burgard and Jason L. Ilurprd. wife aDd husband. TaJ Parcel #40-14-0140.Q15C WRIT OF RXECU'fION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2256 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff ( ) From TYRA H. KIRCHNER AND JASON L. BURGARD (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to allach 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 attachmen1 has been issued; (b) the garnishee(s) is enjoined fr paying any debt to or for the account of1he defendant (s) and from delivering any property of the defend nt (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $11 0,735.21 L.L. $.50 Interest FROM 1114/04 TO 3/2105 (PER DIEM - $18.20) - $2,165.80 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $218.26 Plain1iffPaid Date: NOVEMBER 9, 2004 Other Costs CURTIS R. LONG (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATtoN 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 -1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Snpreme Court ID No. 62205 Real Estate Sale #08 On November 23,2004 the Sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 321 Whiskey Springs Road, Dillsburg, more fully described on Exhibit "A" (-'-..) c:::vlJ c:::;ru = C€re> ItI.nJ filed with this writ and by this reference incorporated herein. Date: November 23,2004 By:J(JcL1~~ Real Estate' Deputy QZ :E d b- ^ON ~OOl 'rid ''uHnO:'; Lii. n1J:mwo:J ~~11l3HS 3Hl .:JO 3:J1.:J~O ---..... 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 James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager 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 0 818 Market Street, in the City of Harrisburg. County of Dauphin, State of Pennsylvania, owner and publisher of he Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 0 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuously publis ed ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pu lished in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January nd the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said pr' ted notice or advertising, and that all of the allegations of this statement as to the time, place and character of plication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ve ify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously p ssed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. / PUBLICATION .~ ...........................................J...................................................... , , COPY SALE#8 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 455.08 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 s me have been duly paid, By........."......................................... ............", REAL ESTATE SALE No. 08 Writ No. 2004-2258 CMITenn GIIAC IIorIgage Corporation 'Va Tyra H. Klrch_ and Jason L Bllrg8nl Ally: Frank _nnan DESCRIPTION AIL 1lIAT CEKrAIN IIlIcI or parrel of land and premises, 0-, tying and being in the 'lbwnsIIIp of South Middleton in the c-y of Cumberland and Commonwealth of PennsyIVlllia, 10... particularly described as fol- lows: ACCORDING to a smvey dared September 18, 1979 by E. Stiffler. Regisrered Surveyor. shown as Lot No, 1, as follows to wit: :f. BEGINNING ,at a point at a concrete IOOIlIIIIICIIt on the West.... kgaI rigbt-of-way tine ofTownsbipRoad T-518, alsolmown as Whiskey Spriogs Road, at a comeroflaod now orfOl'lDCrly of GordOn W, Lobn: lbence by land now or fmmedy of GordOn w, Luhn, Nnnh eighty-live (85) do-s= fifty-six (56) minutes fifty-<ight ~~~--and ...' - ' '~_~..T~imat Wet . h-1i!!iI......-- (111).......,.. (561"_ .....,..... (28) seconds E>st, two Inmdn:d fifty-two and fmty-Dine hnndredths (252.49)... to an iton pin " nthe< land now .. fonnaly of George Edsall; ....." by land of ..... South seventy (70) 4egreeslifty-six (56) minutesfifty-eight (51) seconds East _ hundred ninety-five and ninety-seven ono-h~ (395.97) ... to on itonpinnntheWcsta:nkgalrlght-of-waytineof ' T-518, also known as Whiskey Spings Road: thcnceinandatongtheWestemkgalrigbt-of- way tine of T-518, Sooth four (04) de,jrees _ (03)""'" two (02) seconds West one_ fifty and nn ....hnndredths (150.00) feet to a COIICI\O!e monu-..... 00 saillWestem kgaI righc ci.way IiDe at comer of la:i1d now or f()1][lfJly of GordOn W. Luhn, being the lint mentioned point and p\al:e nfBEGINNING. ~dl.765acres. T/IIJllO SAID panises in vest<d in 'l)Ia Ii IImpnI and I..... 1. Bmp1l, wife and hos- hmttI,by......nfthefo!lowing: BEING TIlE sAME premises which leffrey Shane _ and Sosan Kayo _. his wif~ by Da:d dared 4I2iI1998 and n:amkrl 5KlI1998 in the Coonty ofCmnberland in ReconI Book 176, Page 883 conveyol ...., Eri<: V. Kirdmer and Trya H. Kin:Imer. his wife. AND ALSO being the """ panises which ,Eri<: V.1GltIma' and Ttya Ii Kin:tmer, his wife, by Da:d dated 6/8/1999 and n:amkrl6l16l1999 in the c-y of Com-bedand in Record Book 2lf7,Page827.~_'l)IaliKin:tmer. single. AND ALSO BEING the """ premines wbieb 1YD Ii ~ nII>'m 'l)Ia Ii Bmp1l, joinedby lasonH.Bmp1l,bertmsband. by Da:d dared 7/15flJ11J and n><onled 7/19J2lXXl in the Coonty ofCombedandin Record BooI: 225. Page 560 conveyed -1YD Ii IImpnI and lason L Bmp1l, wife and_ TaxPan:df4Cl.OHlI4(j.()I5C. ~__./r _'-"0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberlan Law Journal, a legal periodical published in the Borough of Carlisle in the County and State afi esaid, 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 reg arly 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 w Journal on the following dates, VIZ: Janu 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberl nd Law Journal, a legal periodical of general circulation, and that he is not interested in the su . ect 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. 'U,- S TO AND SUBSCRIBED before me thi 28 day of January, 2005 ~;{~ J" ~Y.Jd .//v Notary REAL ESTATE SALE NO, B Writ No. 2004-2256 Civil GMAC Mortgage Corporation vs. Tyra H. Kirchner and Jason L. Burgard Atty.: Frank Federman ALL THAT CERTAIN tract or par~ eel of land and premises. sltuate, lying and being in the Township of South Middletown in the County of Cumberland and CommonweaJth of Pennsylvania, more particularly de- scrtbed as follows: ACCORDING to a survey dated September 18, 1979 by E. Stiffler, Registered Surveyor, shown as Lot No.1, as follows to wit: BEGINNING at a point at a con- crete monument on the Western le- gal right of way line of Township Road T-518 also known as Whis- key Springs Road, at a corner of land now or formerly of Gordon W. Luhn: thence by land now or for~ merly of Gordon W. Luhn, North eighty,five (85) degrees fifty-six (56) minutes fifty-eight (58) seconds West three hundred ejghty~two and no one hundredths (382.0Q} feet to an iron pin at land of same; thence by land of same. North three (03) degrees fifty-six (56) minutes twen- ty~eight (281 seconds East. two hun- dred fifty~two and forty-nine hun- dredths (252.49) feet to an iron pin at other land now or formerly of George Edsall; thence by land of same, South seventy (70) degrees fifty-six (56) minutes fifty-eight (58) seconds East three hundred ninety five and ninety-seven one hundredths (395.97) feet to an iron pin on the Western legal right-of way line ofT- 518. also known as Whiskey Springs Road; thence in and aJong the West- ern legal right-of-way line ofT-SI8. South four 104) degrees three (03) minutes two (02) seconds West one hundred fifty and no one hun~ dredths (150.00) fel"t to a concrete monument on said Western legal right-of~way line at corner of land now or fOffilerly of Gordon W. Luhn being the first mentioned point and place of beginning. CONTAINING 1.765 acres. TITLE TO SAID PREMISES IS VESTED IN Tyra H. Burgard and Jason L. Burgard, wife and hus~ band by reason of the following: BEING THE SAME PREMISES which Jeffrey Shane Pannebaker and Susan Kaye Pannebaker, his wife hy Deed dated 4/28/1998 and recorded 5/6/1998 in the County of Cumberland in Record Book 176, Page 883 conveyed unto Eric V. Kirchner and Trya H. Kirchner, his wife. AND ALSO BEING THE SAME PREMISES which Eric V. Kirchner and Trya H. Kirchner, his wife by Deed dated 6/8/1999 and recorded 6/16/1999 in the County of Cumberland in Record Book 207, Page 827 conveyed unto Tyra H. Kirchner, single. AND ALSO BEING THE SAME PREMISES which Tyra H. Kirchner n/b/m Tyra H. Burgard, Jotned by Jason H. Burgard. her husband by Deed dated 7/15/2000 and re- corded 7/19/2000 in the County of Cumberland In Record Book 225. Page 560 conveyed unto Tyra H. Burgard and Jason L. Burgard. v.;ife and husband. Tax Parcel #40-14-0140-015C.