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HomeMy WebLinkAbout01-0035FEDERMAN 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 OF PA 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 01-3¥ KENNY E. JOHNSON CONNIE L. LEHMAN 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 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 COUN~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 450018890 Plaintiff is GMAC MORTGAGE CORPORATION OF PA 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address (es) of the Defendant(s) are: KENNY E. JOHNSON CONNIE L. LEHMAN 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/24/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1239, Page 691. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/00 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 enf~re principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A? The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 12/1/00 (Per Diem $27.97) Attorney's Fees Cumulative Late Charges 10/24/94 to 12/1/00 Cost of Suit and Title Search Subtotal $111,887.23 4,307.38 4,000.00 244.09 550.00 $120,988.70 Escrow Credit 0.00 Deficit 269.16 Subtotal $ 269.16 TOTAL $121,257.86 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 Sherifl's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $121,257.86, together with interest from 12/1/00 at the rate of $27.97 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC Mortgage Corlx3ration F.O. BOx 85071- San Diego, CA 9211~6-5071 3451 Hammond Ave P.O. BOx 780 Waterloo, IA 50704-0780 Servicing Dat~: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Mortgage October 13, 2000 This is an official notice that the mort~aRe on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pares. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP~ may be able to help to rove your home. This Notice explains how the pro,mm works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELENG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the CounseHne Aeenev. The name, address and phone number of Consumer Credit CounseHne Agencies serving vour Count~ are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania HouslnR Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearin~ can call (717) 780-1869). This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLA]~IANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NU31ERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI]~HR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: ~ENNY E. JOMNSON 144 N MIDDLESEX RD CARLISLE, PA 17013-8493 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 450018890 N/A GMAC Mortgage Corporation EXHiBiT A GMAC Mortgage Corporation P:O. Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 ServScing Date: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Mortgage October 13, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific information about the nature of the default is I~rovlded in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to ~ave your home. This Notice explains how the program works. To see if HEMAP can helo, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yon when yon meet with the Counseling A~encv. The name, address and phone number of Consumer Credit Counseline A~encies servinR your County are listed at the end of this Notice. If you have any questions~ you.may can the Pennsylvania Housing Finance Agency toll free at 1-800-342.2397. (Persons with impaired hearing can call (717) 780-1869). This Notice eontoins important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AIMUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO '°HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI]~HR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: CONNIE L. LEHMAN 144 N MIDDLESEX RD CARLISLE, PA 17013-8493 LOAN ACCT, NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 450018890 N/A GMAC Mortgage Corporation · EXHIBIT HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY 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 ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, yon are entitled to a tempora~ stay of foreclosm~ on your mortgage for thirty (30) days from the date of this Notice. During that time you n~tst anange and attend a "face-to-face" meeting xvith one of the cona~raer credit co~mseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the connnner credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thh-ty (30) days after the date of this meeting. The names, addresses and teleohone mnnbers of designated cons~nner credit counseline aeencies for the county in xvhich the property is located are set forth at the end of this Notice. It is only necessa~, to scbed~de one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the natm~ of yoxrr dcfmdt.) If you 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, yml must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated connuner credit counseling agencies listed at the end of this Notice. Only consmner credit counseling agencies have applications for the program and they will assist you in sobmitting a complet~ 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 FILE YOUR APPLICATION PROMPTLY. IF YOU FAIl, TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available fimds for emergency mortgage assistance arc very limited. They will be distnrrsed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on yoxrr application. EXHIBIT A NOTE: 1~ YOU ARE CURRENTLY PROTECTED BY THE FI],ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have ~Bed bankruptcy you can ~ apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it eo to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 144 N Middlesex Rd Carlisle, PA 13013-8493 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: August 1, 2000 through October 1, 2000. fee attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense TOTAL AMOUNT PAST DUE: 3,448.47 97.64 0.00 0.00 0.00 3,546.11 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may caue the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,5 4 6.11 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments tm,st be made either by cash, cashiels check, certified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 Yon can carve any other default by taking the following action xvithin THIRTY (30) DAYS of the date of this letter: (Do not use if not apolicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~ale debt+ This means that the entire outstanding balance of this debt will be considered dne hnmediately and you may lose the chance to pay thc mortgage in monthly installments. If full payment of the total ammmt past due is not made within THIRTY (30) DAYS, the lender also intends to insmwt its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property xvill be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, hi~t you cure the delinquancy before the lender begins legal proceedings against you, you will still be required to pay thc reasonable attorney's fees that were actually inmtrred, up to $50.00. However, if legal proceedings are started agains~ against you, you will have to pay all reasonable attorney's fees actually inmured by the lender even iftbey exceed $50.00. Any attorney's fees will be added to the amoxmt you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, yon wfl] not be reo~ired to pay attorney's fees. EXHiBITA OTHER LENDER REMEDIES -- The lender may also sue you personally for the tropaid principal balance and all other sums due trader the toe,gage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERD'F'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclos~u~ proceedings have beg~ro, you still have the right to cure the default and prevent the sale at any time xm to one hour before the Sheriffs Sale. You may do so by oaying the total amoxrot then east due. ulna any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinR by the lender and by performin~ any other requimroents under the moRRage. Curing your defaiR h~ the manner vt for~ i~ this aoilce wi~ regmre yolr mortgsge to the saroe po~fllon as if yea had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ~- It is estimated that the earliest date that such a Sheriffs Sale of the roortgaged propeRy could be held would be approximately six (6) roouths from the date of this Notlce. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Ofco~u'sa, the amoxrot needed to cure the default will increase the |onset you wait. You may frod out at any time exactly what the required payment or action will be 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 Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to reroove you and your fi~mishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or Unnsfer your horoe to a buyer or ~xansferee who will assmne the rooxtgage debt, provided that allthe outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requir~roents of the roortgage am satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DFA~AULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED EXHIBIT A EXHIBIT August 1, 2000 September 1, 2000 October 1, 2000 1,149.49 1,149.49 1,149.49 EXHIBiTA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY COLUMB~ COL~ITY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 132g Williamsport` PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Not.eastern PA 201 Bz.sin Street Witliamspor~ PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkas-Barte, PA 18702 (570) 821-0837 ot (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Lu2erne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665---(Call Before Faxing) (570) 455-4994 Haz¢ltown FAX (570) 455-5631--(Call Before Faxing) (570) 836-4090 Tunldaannoek Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 CRAWFORD COUNTY John F. Kennedy Center, Inc. 2021 East 20a Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Hatrisbhrg, PA 17102 (717) 541-1757 CUMBERLANI)COLrNTY Urban League of Metropolitan Harrisburg N. 6t~ Strut Hasxisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 D~rr~ Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastern PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238.3669 1400 Abington Executive Park Suite I Clark3 Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134.9135 Greater Erie Community Action Commitlee 18 West 94 Street Erie, PA 16501 (814)459-4581 FAX (814) 4564161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrcll, PA 16121 (412) 981-5310 Fin~.n¢ial Counseling Services of Franldin 31 West 34 Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 e (717) 243-3815 FAX (717) 731.9589 Adams County Housing Authority 139443 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO, 23, JUNE 5, 1999 EXHIBITA ALL THAT CERTAIN ,mimproved tract of land Situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V. Neidlinger, P.E., and being dated February 22, 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the comer of Lot 2A on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and comer of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011, North Middlesex Road: thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a point, ~e place of beginning. Tax Parcel # 21-06-0017-026B PRI~ISI$$: 166 liORTlt I, IlDDI~SE~ ROAD VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attomey for Plaintiff in this maner, that Plaintiff is outside the jurisdiction of the court and/or the verification could nos be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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: SHERIFF'S RBTURN - REGULAR CASE NO: 2001-00035 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP OF PA VS JOHNSON KENNY E ET AL DAWN KELL Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was JOHNSON KENNY E DEFENDANT , at 0018:27 HOURS, at 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 KENNEY Eo JOHNSON a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of sworn according to law, served upon the on the 5th day of January , 2001 together with by handing to and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 10 00 10 00 00 31 10 Sworn and Subscribed to before me this /D ~ day of ' ~rothonotary ' ' So Answers: R. Thomas Kline oi/os/2oo FEDERMAN & PHELAN By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-00035 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP OF PA VS JOHNSON KENNY E ET AL DAWN KELL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE LEHMJIN CONNIE L DEFENDANT , at 0017:58 HOURS, on the Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of January 2001 at MARKET CROSS PUB CARLISLE, PA 17013 CONNIE LEHMAN a true and attested copy of COMPLAINT - MORT FORE NOTICE 113 N. HANOVER ST by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Affidavit .00 ,~ Surcharge 10.00 R. .00 16.00 Ol/O8/2OOl FEDERMAN & PHELAN Sworn and Subscribed to before By: %a_uJ~ ~ · ~ me this /O ~ day of Deputy Sheriff A.D. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215~ 563-7000 GMAC MORTGAGE CORPORATION OF PA 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff VS. KENNY E. JOHNSON CONNIE L. LEHMAN 144 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-35 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against KENNY E. JOHNSON and CONNIE L. LEHMAN, 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 12/1/00 to 2/7/01 $121,257.86 $1~929.93 TOTAL $123,187.79 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy3gtach, ed. A FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: O~Q'~) ~'~ / ~9~ ,~/~/I/DQ , ~ / PRO PRO~HY **THIS FI~ IS A D~BT COLLECTOR A~EM~ING TO COLLE~ A D~BT ~D ANY INFORMATION OBTAINED WILL BE USeD FOR THAT PU~OSE. IF YOU HAVE PREVIOUSLY ~C~D A DISCHARGE IN BAN~UPTCY ~D THIS DEBT WAS NOT ~AFVt~ED, THIS COR~SPOND~NCE IS NOT ~D SHOULD NOT BE CONSTRUED TO BE ~ A~MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION OF PA VS. KENNY E. JOHNSON CONNIE L. LEHMAN : CUMBERLAND COUNTY : : Court of Common Pleas Plaintiff : : CIVIL DIVISION : : NO. 01-35 : . : Defendant(s).' Notice is given that a Judgment in the above captioned matter has been entered against you on FEBRUARY ,2000. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Perm Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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 PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215l 563-7000 GMAC MORTGAGE CORPORATION OF PA Plaintiff VS. KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-35 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has !mowledge of the following facts, to wit: (al that the defendant(s) is/are not in the Military or Naval Service of the United States or/ts Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant KENNY E. JOHNSON is over l 8 years of age and resides at 144 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013. (c) that defendant CONNIE L. LEHMAN is over 18 years of age, and resides at MARKET CROSS PUB, 113 NORTH HANOVER STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff FEDERMAN AND PHELA/~~, 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 GMAC MORTGAGE CORPORATION OF PA Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY KEN-NY E. JOHNSON : NO. 01-35 CONNIE L. LEHM3~N Defendant (s) TO: KENArY E. JO~INSON 144 NORTH MIDDLESEX RO~%D CARLISLE, PA 17013 DATE OF NOTICE: JA/q~3ARY 26, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ~ ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, ~ ANY INFORPLATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY~ THIS CORRESPONDENCE IS NOT mD 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, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY No. 01-35 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/07/01 - 06/06/01 (per diem - $20.25) $123,187.79 $2,409.75 and Costs $125,597.54 TOTAL FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIPTION ~ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry V. Neidlinger, P.E., and being dared February 22, 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the corner of Lot 2A on the above-mentioned survey and about to be conveyed ro Robert J. Jones; thence along Lot 2A North 84. degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 1.25.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert J. Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post; thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin: thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 21011, North Middlesex Road: thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a point, the place of beginning. Tax Parcel # 21-06-0017-026B .J-- RECORD OWNER / TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his wife dated 2/14/94, recorded 2/22/94, in Deed Book Volume 101, Page 955. GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-35 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 144 MIDDLESEX ROAD, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNY E. JOHNSON 144 MIDDLESEX ROAD CARLISLE, PA 17013 CONNIE L. LEHMAN 256 WEST RIDGE STREET CARLISLE, PA 17013 Name and address of Defendant(s) in the judgxnent: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Fairfax Mortgage Corporation 7133 Rutherford Road Baltimore, MD 21244 Name and address of every other person who has any record lien on the property: NAME LAST IGNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ~one Name and address of every other person who has any record interest in the property and whose interest may be affected by the saie: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None NAME Tenant/Occupant Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 144 MIDDLESEX ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 15, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-35 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: ( ) 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s), TO: KENNY E. JOHNSON CONNIE L. LEHMAN 144 MIDDLESEX ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-35 February 15, 2001 **THIS FI1LM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 144 MIDDLESEX ROAD, CARLISLE, PA 17013, is scheduled tt be sold at the Sheriff's Sale on JUNE 6, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by. GMAC MORTGAGE CORPORATION OF PA (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the Sel>tember 5,200l Sheriff's 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: k 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 ma call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. · ou 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. I. 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 Sheriffthe 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 wi, ll 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 Sheriffgives 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 Sheriffwithin 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 Sheriffwithin ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways &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 CAxNNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION · ,,~s_ fHAT CERTAIN unimproved vract of land Situate in Middlesex Township, Cumberland Count', Pennsylvania, bounded and described in accordance with surveys prepared by Larry. V. NeidIinger, P.E., and being dated February 22. 1987, and June 3, 1991. BEGINNING at a point in the center of L,R. 21011 North Middlesex Road at the comer of Lot 2A on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A North 84 degrees i6 minutes West 702.59 feet to an iron pin: thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post: thence along lands of Mrs. Harry. Jones South 85 degrees, 01 minute. 56 seconds East 689.24 feet m a point in the center line of L.R. 21011 North Middlesex Road; thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan fo[ Robert J, Jones recorded in Plan Book 55. page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 21011, North Middlesex Road and corner of Lot #3: thence along Lot #3 North 84 degrees, 16 minutes West 708.6I feet to a post: thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin: thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of LR. 2101 [, North Middlesex Road: hence along the center line of 210I I South 8 degrees 48 minutes 52 seconds West 50.00 feet to a oinr, the place of beginning. 'x Parcel # 2 t-06*0017-026B RECORD OW~ER / LE TO SAID PREMISES IS VESTED tN Kenny R. Johnson and Connie L, Lettman. joint ~ts with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his dated 2/I4/94, recorded 2/22/94, in Deed Book Volume 101, Page 955. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION OF PA : Plaintiff, : KENNY E. JOHNSON : CONNIE L. LEHMAN : Defendant(s). : CUMBERLAND COUNTY No. 01-35 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/7/01 to 12/5/01 (per diem - $20.25) TOTAL $123,187.79 $6,095.25 and Costs $129,283.04 ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff~ Note: Please attach description of property.No. DESCRIPTION ~kLL THAT CERTAIN unimproved tract of land Situate Lu Middlesex Township, Cumberland County, Pennsylvania, bounded and described in :iccordance with surveys prepared by Larry. V. Neidlinger, P.E., and being dated February 22. 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 210t !. North Middlesex Road at the corner of Lot 2A on the above-mentioned survey and about to be conveyed to Robert .L /ones; thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin: thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East 117.49 feet to a post; thence along lands of Mrs. Harry Jones 5outh 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road: thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125.14. feet to a point, the place of beginning. CONTAINING 1,921 acres and being Lot #2 on the Final Subdivision Plan for Robert Jr Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: BEGINNING at a point in the center of L.R. 2 I011, North Middlesex Road and corner of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post: thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 2101 I, North Middlesex Road; thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a point, the place of beginning. Tax Parcel # 21-06~0017-026B ,/ RECORD OWNER / TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint tenants with the right of survivorship by Deed from Larry D. Stanford and Anne IvI. Stanford, his wife dated 2/14./94, recorded 2/22/94-, in Deed Book Volume 101, Page 955. GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-35 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 144 MIDDLESEX ROAD, CARLISLE, PA 17013 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNY E. JOHNSON 144 MIDDLESEX ROAD CARLISLE, PA 17013 CONNIE L. LEHMAN 256 WEST RIDGE STREET CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Fairfax Mortgage Corporation 7133 Rutherford Road Baltimore, MD 21244 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 144 MIDDLESEX ROAD CARLISLE, PA 17013 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 unswom falsification to authorities. August 28, 2001 DATE A~torncy for Plainnff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-35 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: ( ) 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 unswom falsification to authorities. GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOEI~ISON CONNIE L. LEHMAN Defendant(s). : CUMBERLAND COUNTY No. 01-35 August 29, 2001 TO: KENNY E. JOHNSON 144 MIDDLESEX ROAD CARLISLE, PA 17013 CONNIE L. LEHMAN MARKET CROSS PUB, 113 NORTH HANOVER STREE? CARLISLE, PA 17013/' **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE BANKRIYPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRU TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEIvlENT OF A LIEN AGAINST PROPERT~ Your house (real estate) at 144 MIDDLESEX ROAD, CARLISLE, PA 17013is schedule~ be sold at the Sheriffs Sale on DECEMBER 5, 2~001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION OF PA (the mortgagee) against you. If the Sheriff's postponed, the property will be relisted for the MARCH 6, 2002 SheriWs Sale, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, lat~ costs and reasonable attorney's fees due. To find out how much you must pa' call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strL~ judgment, if the judgment was improperly erected. You may also ask the t' 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 SALI~ DOES TAKE PLACE. I. 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 Sheriffthe 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~he 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 Shefiffgives 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 Sheriffwithin 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 Sheriffwithin ten (10) days a~er the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (8oo) 9o- o8 DESCRIPTION ALL THAT CERTAIN unimproved tract of land Situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with surveys prepared by Larry. V. Neidlinger, P.E., and being dated February 22. 1987, and June 3, 1991.. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the comer of Lot 2A on the above-mentioned survey and about to be conveyed to Robert J. Jones; thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 2.5 seconds East 117.49 t~et to a post; thence along lands of Mrs. Harry Jones South 85 degrees, 01 minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 210I 1 North Middlesex Road: thence along the center line of 21011 South 8 degrees, 48 minutes 52 seconds West 125. I¢ feet m a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert Ir. Jones recorded in Plan Book 55, page 134.' SUBJECT TO AND TOGETHER with an access easement for ingress and egress of persons and vehicles as follows: : BEGINNING at a point in the center of L.R. 21011, ~'orth Middlesex Road and comer of Lot #3; thence along Lot #3 North 8,1. degrees, 16 minutes West 708.61 feet to a post: thence through Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet to a pin; thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 2101. 1, North Middlesex Road; thence along the center line of 21011 South 8 degrees 48 minutes 52 seconds West 50.00 feet to a aoint, the place of beginning. 'ax Parcel # 21-06-0017-026B RECORD OWNER / 'TLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Letmaan, joint zants with the right of survivorship by Deed from Larry D. Stanford and Arme M. Stanford, his ~e dated 2114/94, recorded 2/22/94, in Deed Book Volume 101, Page 955. IN THE UNITED STATES B.~NKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Kenny R. Johnson : Debtor : GMAC Mortgage Corporation of PA : Movant : Kenny R. Johnson : and : MarkJan R. Slobodian, Esquire (Trustee) : Respondent : 11 U.S.C. §362 ORDER MOD[FYEN'G ~362 AUTOMATIC STAY AND NOW, this / 0/ day of Mortgage Corporation, (Movant), it is: ,,.7-~,~ ,200l, at Harrisburg, upon Motion of GMAC ORDERED that the Automatic Stay of all proceedings, as provided under §362 of the Bankruptcy Code I 1 U.S.C. §362 is modified with respect to premise, 144 Noah Middlesex Road, Carlisle, PA 17013. as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. ORDERED that Rule 4001(aX3) is not applicable and GMAC Mortgage Corporation may immediately enforce and implement this Order granting relief. /si Rol~ert J. Woodsi¢~ CC: Robert J. Woodside, Bankruptcy Judge Judith T. Romano, Esquire Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 Markian R. Slobodian, Esquire (Trustee) 80l North Second Street P.O. Box 11967 Harrisburg, PA 19108-1967 James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050 Kenny R. Johnson 144 North Middlesex Road Carlisle, PA 17013 rt PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION OF PA KENNY E. JOHNSON CONNIE L. LEHMAN SERVE KENNY E. JOHNSON AT 144 MIDDLESEX ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No.01-35 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2001 SERVED Served and made known to ~1°~3 ~', ~"~L,~$o~a ,Defendant, onthe /~-~t.~dayof ~:~e~'~'lt'.'tt200~ at ~:3F.o'clock~m.,at I~ ~S,~ ~,1 Q~k~ ,Co~onwealth of Pemylvania, in the ~er described below: ~, Defendant personally served. __ Adult fa~ly member wi~ whom Defendant(s) reside(s). Relafiom~p is __ Aduk m c~ge of Defen~nt(s)'s residence who reused m give name or relations~p. __ ManageffClerk of place of lodging in which Defendant(s) reside(s). Agent or person in c~rge of Defendant(s)'s office or usual place of business. ~ officer of said Defen~nt(s)'s co.any. Other: Description: Age 3~ Height 5~/" Weight /7~ ~ce ~ Sex ~ O~er d~ ~t I, C[~e~ cL ~[ .~' , a co~etent adutL berg duly sworn according to law, d~ose and state that I personally handed a ~e and comect copy of ~gNogce of Shed.s Sale in ~e m~er as set fo~ herein, issued in the captioned case on the date and at the address indicated above. Notadal Seal [ ~ /l Stacy L Hoerner, No~ Public ~ / Sworn to ada supscrloeu M ~ , di~ / /. ff / - - '~ ~ Chambembu~ Bom Fmnkh y Gommission Expires A 2 ~ ~ I . , ennsylvania Assafa*~Nol~ ~ / Vier[ ~ { /~ NOT SER~D On the ~ day of ,200~, at ~ o'clock ~.m., Defendant NOT FO~D because: Moved Unknown No Answer Vacant ' Other: Sworn to and subscribed before me this __ day of __ ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION OF PA DEFENDAnT(S) KENNY E. JOHNSON CONNIE L. LEHMAN Serve Connie L. Lehman at Market Cross Pub (POE) 113 North Hanover St. Carlisle, PA 17013 SERVED Connie L. Lehman Served and made known to , . Defendant, on the at 8210 , o'clock ,~m., at t 13 North Hanover St., Carlisle of Pannsylvania, in the mannfl' described below: ~. Defcmlant personalty served. __Adult family member with whom Defendant(s) reside(s). Relationship is Adult/n charge of Defendant(s)'s residence who refused to g/ye name or relationship. __Manager/Clerk of place oflodg/ng in which Defendant(s) reside(s). Agent or pcr~on in charge of Defendant(s)'s office or usual place of bus/ness. an officer of said Dcfendant(s)'s company. Other: CUMBERLAND COUNTY No.01-35 Tylm of Action - Notice of Sheriff's Sale Sale Date: DECEMBER $, 2001 · Commonwealth Description: Age..,.~.~_.~ Iici/hr 512" Weisht 120 lh~ L~ Sex F ~. d~ ~, a ~c a~ co~t c~y of ~ce ofek~, ~le in the ~r ~ ~t f~ ~ ~sued m ~ captioned c~ on ~ ~ ~d at the ad~s m~ted a~ve. ] No.da{ Seal { S~ L. Hee~er, NotaW Public ] ~bu~ 8om Fran~n~ On ~e ,, ~y of .2~ at o'cl~k ~. Defcn~n~ NOT FO~ bcca~: ~ Moved ~ Unknown No Answer Vacant Sworn to and subscribed before mc this , day of ,200 _. Notary: By: A~tornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) ~,63-7000 SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION OF PA No.: 01-35 VS. KENNY E. JOHNSON CONNIE L. LEHMAN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiffin 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: 144 MIDDLESEX ROAD, CARLISLE, PA 17013. 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. December 3,2001 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-35 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 144 MIDDLESEX ROAD, CARLISLE, PA 17013 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNY E. JOHNSON 144 MIDDLESEX ROAD CARLISLE, PA 17013 CONNIE L. LEHMAN 256 WEST RIDGE STREET CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LASTKNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Fairfax Mortgage Corporation 7133 Rutherford Road Baltimore, MD 21244 Name and address of every other person who has any record hen on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaint/ffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 144 M/DDLESEX ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania Dopartment of Walfara 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 off8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 28, 2001 DATE Altomey for Plaintiff ©m ? > DATE: August 28, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KENNY E, JOHNSON CONNIE L. LEHMAN PROPERTY: 144 MIDDLESEX ROAD CARLISLE, PA 17013 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in Cumberland Count. 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 GMAC Mortgage Corporation of PA VS Kenny E. Johnson and Connie L. Lehman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-35 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library Prothonotary 1.00 Share of Bills 25.66 Mileage 11.05 Levy 15.00 Advertising 15.00 Certified Mail 1.83 Poundage 16.18 Postpone Sale 20.00 Law Journal 381.65 Patriot News 262.95 $ 825.32 paid by attorney 3-07-02 Sworn and subscribed to before me So ~Answ~s: T his/q~ day of  R. Thomas Kline, Sheriff 2002, A.D. Prothonotary Real Est~e Deputy GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOItNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01-35 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by ita attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 144 MIDDLESEX ROAD, CARLISLE, PA 17013 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KENNY E. JOHNSON 144 MIDDLESEX ROAD CARLISLE, PA 17013 CONNIE L. LEHMAN 256 WEST RIDGE STREET CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST'KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Fairfax Mortgage Corporation 7133 Rutherford Road Baltimore, MD 21244 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 144 MIDDLESEX ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 28, 2001 DATE A~omey for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-35 CERTIFICATION FRANK FEDERMAN, ESQUIRF~ hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. GMAC MORTGAGE CORPORATION OF PA Plaintiff, KENNY E. JOHNSON CONNIE L. LEHMAN Defendant(s). CUMBERLAND COUNTY : No. 01-35 August 29, 2001 TO: KENNY E. JOHNSON 144 MIDDLESEX ROAD CARLISLE, PA 17013 CONNIE L. LEHMAN MARKET CROSS PUB, 113 NORTH HANOVER STREET CARLISLE, PA 17013/, **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11; YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATFEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 144 MIDDLESEX ROAD, CARLISLE, PA 17013is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2~001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION OF PA (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sher/ffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to ass[rt you~ 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 mount 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~he 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 Sheriffgives 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 atler the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 "Di~SCRIPTION ALL THAT CERTAIN unimproved tract of land Situate La Middlesex Township, Cumberland County, Pennsylvania, bounded and described in .~ccordance with surveys prepared by Larry. V. Neidlinger, P.E., and being dated February. 22. 1987, and June 3, 1991. BEGINNING at a point in the center of L.R. 21011 North Middlesex Road at the comer of Lot 2A on the above-mentioned survey and about to be conveyed to Rober~ J. Jones: thence along Lot 2A North 84 degrees 16 minutes West 702.59 feet to an iron pin; thence continuing along Lot 2A North 15 degrees, 36 minutes, 25 seconds East ! I7.49 feet to a post; thence along [ands of Mrs. Harry Jones South 85 degrees, 0l minute, 56 seconds East 689.24 feet to a point in the center line of L.R. 21011 North Middlesex Road: thence along the center line of 2101 ! South 8 degrees, 48 mLau[es 52 seconds West 125.14 feet to a point, the place of beginning. CONTAINING 1.921 acres and being Lot #2 on the Final Subdivision Plan for Robert Ir. Jones recorded in Plan Book 55, page 134. SUBJECT TO AND TOGETHER with an access easement tbr ingress and egress of persons and vehicles as follows: : BEGINNING at a point in the center of L.R. 21011., ~'or~ Middlesex Road and corner of Lot #3; thence along Lot #3 North 84 degrees, 16 minutes West 708.61 feet to a post: thence rl'a'ough Lot 2A North 15 degrees 36 minutes 25 seconds East 50 feet roa pla: thence along Lot #2 South 84 degrees 16 minutes East 702.59 feet to a point in the center of L.R. 2!.0[ 1. North Middlesex Road: thence along the center line of 2101 ! South 8 degrees 48 minutes 52 seconds West 50.00 feet roa point, the place of I~eginnLag. Tax Parcel # 21-06-0017-026B / RSco ow R / TITLE TO SAID PREMISES IS VESTED IN Kenny R. Johnson and Connie L. Lehman, joint tenants with the right of survivorship by Deed from Larry D. Stanford and Anne M. Stanford, his wife dated ~ t4/94, recorded 2/22/94, in Deed Bootc Volume 101, Page 955. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND To satisfy the debt, interest and costs due from KennY E. Johnson, 144 Lehman, 256 W. Ridge St., at NO. 01-35 CIVIL 19 CIVIL ACTION - LAW COUNTY: GMAC Mortgage Corporation of PA PLAINTIFF(S) Middlesex Rc., Carlisle PA 17013 and Connie L. Carlisle PA 17013. DEFENDANT(S) (1) Youaredirectedtolevyuponthepropertyofthedefendant(s) andlosell Real estate located 144 Middlesex Rd., Carlisle PA 17013. (SEe attached 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/am enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or othen~vise disposing thereof; (3) If properly 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 nolify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,187.79 L.L. Interest 2/7/01 12/5/01 $6,095.25 $1.00 ($20.25 p~.~ diem) Due Prothy Atty's Corem % Other Costs ANy Paid $131.60 Plaintiff Paid Date: September 10, 2001 REQUESTING PARTY: Name Frank Federman, Esq. Address: 1617 JFK Blvd, Ste Philadelphia PA A~orney for: P 1 a in t i f f Telephone: (215) 563 7000 Supreme Court ID No, 12 2 4 8 by: 1400 19103 1814 CURTIS R. LONG Prot~oi3ot~ary, Civil Division Deputy RE, AL ESTATE SALEl~o. ''" ¢5"~ ' REAL ESTATE SALE' No: ER On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, known and numbered as 144 Middlesex Rd., Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Acounts 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 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daity and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in M~cellaneous Book "M", Volume 14, Page 317. /.~ PUBLICATION ................................... ~ ............................................................ COPY Sworn to and subscrib fore m..c~s 19th da~.f ~'~mber 2001 A.D. S A L E #29 Tern/L. Ru~efl, Nom~ P~Ic ~ ~ ~ E~ June ~ ~ ~ mu I ~Y ~U~LI~ ~ Mem~r, ~sy~nta ~a~ ~ N~ commission expires June 6, 2002 ~: · [ CUMBERED ~U~ ~U~SE ~~~~~~ Statement of Advertising Costs :~a ~b~ ~ ~L~ For publishing the notice or publication attached ~~~ hereto on the above stated dates $ 261.45 ~.~~. Probating same Nota~ Fee(s) $ 1,50 .~~~ , ~ Total $ 262,95 ~[~Oi ~* Publisher's Receipt for Advertising Cost ~21011~~ o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~&.-~U ~ 8~_~dge receipt of the aforesaid notice and publication costs and ce~ifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, 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 of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 26, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE ~ NO. 29 Writ No. 2001-35 Civil GMAC Mortgage Corporation of PA vs. Kenny E. Johnson and Connie L. Lehman Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN unimproved tract of land Situate In Middlesex Township, Cumberland County, Pennsylvania, bounded and de- scribed In accordance with surveys prepared by Larry V. Neldlinger, P.E., and being dated February 22, 1987, and June 3, 1991. SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001 I