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HomeMy WebLinkAbout01-0725FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY MAUKEEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 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 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 450613393 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 The name(s) and last known address (es) of the Defendant(s) are: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/30/96 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. 1359, Page 57. The premises subject to said mortgage is described as attached. The mortgage is in defhult because monthly payments of principal and interest upon said mortgage due 4/1/00 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 entire 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 3 / 1/00 through 2/' 1/01 (Per Diem $15.50) Attorney's Fees Cumulative Late Charges 12/30/96 to 2/1/01 Cost of Suit and Title Search Subtotal $78,023.43 5,239.00 3,901.00 247.86 550.00 $87,961.29 Escrow Credit 0,00 Deficit 1,242.80 Subtotal $1,242.80 TOTAL $89,204.09 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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 $89,204.09, together with interest from 2/1/01 at the rate of $15.50 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIILE Attorney for Plainhff [/31/01 14:49 FAX 215 682 1940 GMACM - CORP DEFAULT ~005/013 OMACMortg~guCnrpo~lbn P.O.~x85~ ~af/Diego, CA 92186-5071 ~,451 Hammon~ Ave P.O.'Box 780 ,Waterloo, IA 50704-0780 ACT 91 NOTICE Date: TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Mortgage ~ne 12, 2000 This is au official notice that the morttove on your home is in default, and the lenderhteads to Foreclose. , ~l)edfic infort~ti~n about the nature egthe default is ~rovided lm thc attached paves, The HOMEOWNER'S MORTGAGE ASSISTA~qCE PROGRAM (HEMAPt mmv ho able to helm to save your! borne. This Notice ex.la,ns how the pro.rim works, ~ To see ff IlEMAP can help, VOn must MEET WITR ~CONSUMER CREDIT COUNSELENG AGENCY : WITHEN 30 DAYS OF Tile DAT~ OF T~S NOTICE. Take this Notice with you wks~vou meet with the The ua*ne, address and phone number of ConsumeF Credit CommsebV A~eucies sol.ina your Couatv are lls~l o~t the end of this Notice. If you bore uny auestions~ you.may coil the Peuns¥ivf~nh Houshj~ Huance Aeencv toll free at I.S09.342.2Sg?. (Persons with ruptured heaFine can call ~?1~ 980-1869). This Notice contains important legal information. If you hove any questions, represenUtives at thc Consumer Credit Counseling A~enc~ may be able to help explain it. You my oho want to contact an ottorBey h your area. The local bar assoclatlou may be able to help ~ou find ~ hw~er. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANC1A, PWE$ AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPKENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, I~UEDES SER ELEGI~LE I~ARA UN PI~ESTAMO l. OR EL PROGRAMA !,I,~d~IADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERD~A DEL DERECHO A REDIMIR $U RI~OTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MAUREEN A. H~BER 70 C~.F-ARVI~DRIVE CARLIS~, PA 17013-1178 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 450613393 N/A GMAC ~rtgage ~MAC M~e Coqmmlbn ~n:Diego, CA 92186-5071 R451 Hsrnmo~ Ave P.O. Box 760 W~.terloo, ~A 507040780 G~AC~ - CORF DEFAULT ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ~010/013 Ju~e 12,! 2000 Th;~ is an of~ieinl notice that *he mortgage 'oB your home is in default, amd the lender intends to foreclose, Sueeific infor~on abort the mature of the default is nrovided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI my be able to help te save your' home. This No,ice exuinins how the promm works. To see if HEMAP can hob). you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY ~vt'[u~ 30 DAYS OF THE DATE OF 'I'KIS NOTICE. Take this Notice with you whoa yom meet wfh the Cou~elima A~enev. · The marne, address and phone number or Coummer Cradle Counse]iuu Agencies serv~mff your County ar~ listed at the end of ems No~i~e. If you h~ve amy quesfinns, you.may cuff the Pennsylvania Housh~ Finance A~eucv tell free at 1-800-342.2397. (Persons with tm~palred hcarinv cam call (TI'/) 780-18691. This .Notice coneains important legal information. If you have any que~tJoas, representatives at the Consumer Credit Counsefin~ Agency may be able to help explain lt. You may also want tn contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IM~ORTANCIA, PUES AFECTA SU DEl/ECHO A CONTINUAl/VI~ENDO EN SU CASA. SI NO COMPRENDE EL CONTEN/DO DE ESTA NOTIIqCACION OBTENGA UNA TRADUCCION I~EMEDIATAM~NTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSE~G FINANCE AGF.~NCY) SIN CARGOS AL NUMERO M~NCIONADO ARRIBA~ PUEDES SER ELEGIBLE PARA UN PI~STAMO FOR EL PROGKAMA LLAMADO "HOMEOWN~RqS EMERGENCY MORTGAGE ASSISTANCE PROGIL~f" EL CUAL PUEDE SALYAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOT~CA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: BRANDON T. KEOUQH 70 CLEA~VIEW DRIXrE CARLISLE, PA 17013'1178 LOAN ACCT, NO.: ORIGINAL LENDER: CURRENT LENDER/SERViCER: 450613393 N/A GMAC MorCgage EXHIBITA 14:49 FAX 215 692 1940 GMACM - CORP DEFAULT [~ 0o6/o1.~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WH~C~ CAN SAVE YOUR HOM~ FROM ' ~OI~CLOSURE AND H~LP YOU MAKE I~JTURE MORTGAGE PAYMENTS IF YOU COM~LY WITI~ THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 19~3 (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 I~I IGIBILITY REQUIREMENTS ESTABLISHED BY THE FENNSYLVANIA HOUSING FINANCE AGF_,NCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreelosu~ on your motWage for thirty (30) days from thc date of this Notice, Durin~ that time you must arrange and a~tend a "f~ce-to.face" mceth~ with one of thc consumer credit counseling agencies listed at the end of this Notice. ~IS MEETING MUST OCCUR WITHIN TI~ NEXT [~01 DAYS, ~ YOU DO NOT APPLY FOR EMERGt~NCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MOP, TGAGE UP TO DATE. THE PART OF THIS NOT~CE CAI .! .~.r~ ,HOW TO CUI~ YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BP-ING YOUR MORTGAGE UP TO DATE. coNsuMER CREDIT COUNSlg~ING AGENCIES - If you meet with one of the conmnner credit cmmseling agencies listed a~ the end of this not.co, the lender may NOT rake action against you f~r ~ (30) days ai~r the date of this meeting.The ~arnes. addresses and telephoto numbers of desigmted cm)sumer cre~t connsefinn a.encies for the coum!W in wklch the proper~ is |ocated am set fo~h at tl~ end of tMs Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender ~u~edlatel¥ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your me,gage is in default for the reasons set for~ later h~ ~is Notice (see following poges for specific infonmation shout the natm'e of your default.) If you have tried end ar~ unable to resolve fi~s problem with the lender, you have the sight to apply for financial assisrnnce from the Homeowners Eraergency Mortgage Assistance Program. To do so, you unmt fill out, sign ~nd file a comple~d Homeowners Emergency Assistance lh~gram App~cation with one of the designated consmner credi~ counseling agencies listed at t~. end .of tiffs N. otice..0~.Y consu~er c~dit .co~m. seling agencies have applications for the pmgi'am and they w~l assist you m submitting a conrplete applicet~on to the PelmsylvanJa Housing Finance Agency. You~ application MUST be filed or postmarked wit]~n t~cy (30) days of you face-to-face meeting. YO~ bfUST FILE YOUR APPLICATION PRObIPTLY. 1~ YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW x'~tE OTHER TIME PERIODS SET FORTII IN THIS LE'~'[I~R, FORECLOSURE MAY PROCEED AGAINST YO~FR ROME IMblEDIATF~Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funcLs for emergency mortgage assistance are ve~'y limited. T~ey will be disbur~d by th~ Agency under thc eligibility criteria established by the Act. The Permsylva.~ia Housing Fh~ance A~en?~, has s~ty (60) days to make a decision after it receive s your epp[ioation. During that time, no fo~clomucc procaedregs w~ I be pursued against you if you have met the thne req~dz~men~s set fort. h above. You w~l be noticed d~ecfiy by thc Pennsylvania Housing Finence Agency of its dcclaion on your application. EXHI ~1/31/01 I4:50 FAX 215 682 1940 GMACM - CORP DEFAULT ~007/015 NOTE: IF YOU ARE C~L¥ PROTECTED BY THE FILING OF A PETITION IN BANKRUI~TC¥, ] THE POLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSII)EI~ AS AN A'rI'EMPT TO COLLECT 'kH~,: DEBT. (If you have grim banlu~ptey you ca1 sffil apply for Emergency Moth.ge Assistance,) rOW TO CURE YOUR MORTGAGE DEFAULT CBvia~ it nn to date). N.~OR~OF THE DEFAULT -~ Thc MORTGAGE debt held by 70 Clea~iew Drive Carlisle, PA 17013-1178 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY M_ORTGAGE PAYMENTS for thc following months end the 'following amounts arn now pa~n ~ue: April 1, 2000 through June 1, 2000. See attached Exhibit for payment breakdown. Monthly Payments 2,27 0.34 Late Chaises 27.54 NSF 0 Inspections 0.0 o Other Suspense o. 0 0 TOTAL AMOUNT PAST DWE: 2,297.88 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACT]ON (Do not us~ if not applicable3: ROW TO CUi~ Ti~ DEFAULT -- You may one thc default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DIYE TO THE LEND~R, WHICH IS $ 2,297. B 8 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOM] DUE DURING THE THIRTY (30) DAY PERIOD. Payments must ~ made either by cash, cashiers check. certified check or money o~ler made payable end sent to: GMAC Mor~qaqe Corporation ATTN: Pay~en~ Processing P.O. BOX 780 Waterloo, IA 50704-0780 You cea mm: any other default by taking the following action wi~ain THIRTY (30) DAYS of thc date of this letter: (Donotuse ifnot avplicableA No~ Applicable IF YOU DO NOT CURE TRE DEFAULT -- If you do not one th~ default within THIRTY (30) DAYS of the date ofth/s N..ofic% ,the lend, er intends ta ~xere/se its d~ts to a¢cderata the mort~aze debt. This means that the entize outstand/ng balance ozthis debt will be cons/de,ed duc immediately and ymt may lose the chance to pay the mox'tgage in monthly/nstallments. If full payment of the tom[ a.moxmt past due is not made within THIRTY (30) DAYS, the lender also/ntends to instntct its attorneys to stazt legal action to foreclos~ alma veer morttaged Drones'tv. rF ~ltE MORTGAG~ IS FOI~CLOSED ~ON -- The moz~gage~ p~oge~W will be sold by the Sher~ to pay off the ~ongagc debt. I.f. the lender mfe~ your casc to its attorneys, but you eu~ thc delinquency before the lender bega!s legal proceedings against you, you will still ;ac required to pay the r~asonable attorney's fees that were act0ally incatrrc d, up to $50.00, However, fflegal proceedings are started against against you, you wilt have to pay all ~asonable attorney's fees actually in~u'~d by the lender even if they exceed $50.00. Any attorney's fees will he added to the ammmt you owe the lender, which may also include other reasonable costs. Ii'you c=re the defanlt within the T~ t RTl/(30~ DAYS neriod, you will not be requlr~d to pay attorney's fees. 1/31/O1 14:50 FAX 215 682 1940 G~ACM - CORP DEFAULT ~008/013 OTHER LENDER REMEDIES -- The lender may also sue you pe~onally for the unpaid principal balance and all other muns due under the mostga~e. RIGHT TO CIIRE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cu~d the default within the THIRTY (30) DAY period and fomclomue pmceedlngs have begun, volt stir have the right to cu~ the defa~dt and p~vent the sale at any time un to one hm~r befoi'e tahe SherLtTs ~ale. You may do so by ueYhlg t~e total amount then mst due. vlus am, lat~ or other chics then due. reasonable attomeCs fees and costs cormectcd with the fomclo~tue sale and any other costa connected with ~ Sheriff's Sale as specitea h~ writi~ by the lender and by verfonni~ am, other ~qu~ments under the mo~.~.e. Curing your default in the manner set forth in this notice w~ r~storo your mortpge to the same po ntlou a s iF you had never defaulted. EARl/EsT POSSIBLE SHERI~'¥'S SALE DATE -- It is esthnat~d that the earliest date dmt such a Sber~f's Sale oft~ mofl~aged property could bc held xvould be approximately six (6) months from the date or this Notice. A notice of the achml date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to curelthe defau|t will increase the longer you wait. You may fred mtt at any tiane exactly what the ~quired payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address~ GNAC Mortgage Corl~ora~ion 401 Wes~ 24nh S~reen National Ci~y~ CA 91950 Phone Number: {800) 850-4521 Fax Number: (619) 470-5579 Con,act Person: Collection DeDar=men~ E~'~CT OF SHERIFFtS SALE -- Yon should ~al~c ~t a Shc~s Sale ~t and ye= o~e~i~ of~e me.aged pm~fly ~ yo~ fi~t to oc~y it. lfymt con~e m l~e ~ ~e ~ a~r ~ Sh~ffs Sale, a ia~dt to ~mo~ you a~ yo~ fi~is~gs ~ o~r ~lung~gs could ~ ~cd ~ ~e lender at A$5~ON O~ MORTGAGE -- Yol~ ~y or my not sell or ~nsfcr yo~ home ~ a ~yer or ~sfeme who ~1 astute ~ mo~gage ~ p~vi~d ~t all~e o~d~g ~nts, c~cs ~d a~ome~s ~es ~d p~d ~or ~ or at ~e ~le a~ ~at ~e o~er ~qu~ments of ~e mo~gage ~ m~d. YOU bIAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING rNSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACI1NG ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAI~ POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CA~.RNDAR YEAIC) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY I$ ENCLOSED F..XHIBITA )1/31/01 14:51 FAX 215 882 1940 GIIACM - CORP DEFAULT ~009/013 EXHIBIT ADril 1, 2000 May 1, 2000 J~ne 1, 2000 756.78 756.78 756.78 EXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. s~0o) CLINTON COUNTY COLUMBLA COUNTY CRAWFORD COUNTY Lycomlag-Cllaton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamaport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Strut Willian'~port, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes~Boric, PA 18702 (570) 826-0510 or {800) 822-0359 FAX (570) 829-1665---(Cal1 Before Foxing) (570)4554994 Hazeltown FAX (570) 455-563 b--(Call Befog Faxing) (570) 8364090 Tunkharmock Booker T, Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20~ Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, [nc. 2000 Linglestown Road Hardsbi~rg, PA 17102 (717) 541-1757 CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N, 6* Street Harrisburg, PA 1710[ (717) 2344925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Notrheaztem PA 1631 South Atherton St., Suite 100 State College, PA 16801 (814) 2384668 FAX (814) 238-3669 1400 Abington Executive Park Suite 1 Clarl~ SummiL PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9* Street Erie, PA 16501 (814)459-4581 FAX (814) 456-0161 ghen~ngo Valley Urban League, lac. 601 ladi~.,~a Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franldin 31 West 3n Street Waynasboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "O" Street Carlisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle gL Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23. JUNE $, 1999 EXHIBITA ::.. ,. · ALL. that c6rtain tract or land situate in North Mlddleton Townshtp Cumberland County, ~:~ ..~ Pennsytv~a;' and mqre p~cul~fy Bounded sad &scribed m accordance w~th Final-Minor Subdtvl~loa :.~(Y:Plan' for paul L. and M~jodeM. Cline, prcpm'ed by Fisher, Mowery, Rosendale and Associates, Inc. '..~..which satd subdtvkston plan ts recorded m the Offtce of the Recorder of Deeds in and for Cumberland :}}?~'}Coumy, P~gglvmfia. in PI~ Book 65, Page 134, as foBoWs: '({~.? .:.~ .~: BEGINN[:NG. at an iron pm' on the e~tern line of Clem, Sew Drive at the nortftwest corner of Lot ._; .. No. 7 on lhe hem~n~bove mentioned subdiviston plan; fl~enue along the northern line of said Lot No. ~.~ .,South 86 degmea~ n~utes 00 ~e~ond~ East 1 ~. 94 [~et to an tron pm thenc, alon Lot ~o. 1 ~..i.'~:: · ~rea); ~orth ~ de~e~ 00 ~ant~s 00 ~eeond~ Ba~t 104 00 feet to an iron pin: th,ncc alon~ th, ~outh~m ~':., line.of a private nght'o[ way,' South 83 degrees 31 ~nt res 27 seconds West [22.72 feet to an iron ~::~: ~l~ce by the same. by acurve to the left having a va&us of 15.00 teet an ~c lengthot 20.82 feet to ~'.: .:eton pm; ~enee ~ong the eastern hne of s~d Clearvtew Drive, South 04 degree~ 00 mtnu~s 00 second~ ~(':f:~e~t 66.9~.fee~ iO'a~ kon pin. ~e poht ~d place of BEGINNING. ?':;.~:'}'""i.~~_ ~' BE!~¢: L¢~ ~o. 6 on ~he hei'elnabove mentioned ~ubdivision plan; and containing 12.161.08 ~r:.; :.~: teet' : .,.-. ' · ~'.q~. '. 2 . BEINGi the ~e pre~s~ which Paul L2 Cline and Ma[jorie ~[. Cline, hi~ wife, by deed dated :~.:, ~J~fiaU 3; 1996.ai~d recorded Febm~v 2 1996 in the Office o~ tl~e Recorder of Deeds in and for ?.,:i. Cumb~rlanO Couatyi at C~'hsle Pennsylv~m~a m Deed Book 134 Page 733. granted and conveye~ ~?? :~nf0rd ~.'D0~f~'~ ~d Sand~a ~ Domvan, husbana ~d wife .~:;. ' 63 VERIFICATION SHIP~LEY J. EADS hereb.,, states that ~he is FORECLOSURE SPECIAL[ST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and h¢Iie~L The undersigned understands that this statement is made subject to the penalties of [8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities DATE: SHERIFF'S RETURN - CASE NO: 2001-00725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAlqD GMAC MORTGAGE CORPORATION VS HUBER MAUREEN A ET AL REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HUBER MAUREEN A DEFENDANT , at 0017:33 HOURS, on the at 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 MAUREEN A. HUBER a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 20th day of February , 2001 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this ~'~ day of J~ ~[ A.D. /t~rothonotary So Answers Thomas Kline 02/22/2001 FEDERMAN & PHELAN Deputy She~fff ~ SHERIFF'S; CASE NO: 2001-00725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HUBER MAUREEN A ET AL RETURN - REGULAR GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon KEOUGH BR3kNDON T the DEPENDANT , at 0017:33 HOURS, on the 20th day of February at 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 by handing to MAUREEN A. HUBER (WIFE) a true and attested copy of COMPLAINT - MORT FORE NOTICE together with law, 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service 3 Affidavit Surcharge 10 19 00 10 00 00 00 10 Sworn and Subscribed to before me this 2 ~ ~ day of ~ ~rothonotary So Answers: R. Thomas Kline 02/22/2001 FEDERMAN & PHELAN Deputy She~ff 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 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff VS. MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-725-CIVIL TERM : _. : : : 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 MAUREEN A. HUBER and BRANDON T. KEOUGH, Defendant(s), fbr 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 Plaintiff's damages as follows: As set forth in Complaint Interest 2/1/01 TO 3/27/01 $89,204.09 $852.50 TOTAL $90,056.59 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, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff **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. ** FEDERMAN AND PHELAN, 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 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : CUMBERLAND COUNTY MAUREEN A. HUBER BRANDON T. KEOUGH : NO. 01-725-CIVIL Defendant(s) TO: DATE MAUREEN A. HUBER 70 CL~%RVIEW DBXVE CARLISLE, PA 17013 OF NOTICE: MARCH 13, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 11qPORTANTNOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PBELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff vs. MAUREEN A. HUBER BRANDON T. KEOUGH : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-725-CIVIL Defendant TO: BRANDON T. KEOUGH 70 C?~RVIEW DRIVE CA~tLISLE, PA 17013 DATE OF NOTICE: ~4ARCH 13, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff 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 Plaintiff Defendant(s) VS. MAUREEN A. HUBER BRANDON T. KEOUGH Attorney for Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 01-725-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant MAUREEN A. HUBER is over 18 years of age and resides at 70 CLEARVIEW DRIVE, CARLISLE, PA 17013. (c) that defendant BRANDON T. KEOUGH is over 18 years of age, and resides at 70 CLEARVIEW DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION VS. MAUREEN A. HUBER BRANDON T. KEOUGH : CUMBERLAND COUNTY : Plaintiff : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-725-CIVIL TERM _. : Defendant(s) : Notice is given that a Judgment in the above captioned matter has been entered against you on MARCH ~.~ ,2001. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn 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. ** PRAEC1PE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, MAUREEN A. HUBER BRANDON T. KEOUGH Defendant(s). No. 01-725-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/28/01 TO 9/5/01 (per diem - $14.80) TOTAL $90,056.59 v// $2,382.80 and Costs $92,439.39 FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, and more particularly bounded and described in accordance with Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc. which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest comer of Lot No. 7 on the hereinabove mentioned subdivision plan; thence along the Northern line of said Lot No. 7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No. 1 (residual area), North 04 de~ees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20.82 feet to an iron pin; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginning. BEING all of Lot No. 6 on the hereinabove mentioned subdivision plan; and containing 12,161.08 feet and having thereon erected a single family dwelling house and mailing address of 70 Clearview Drive, Carlisle, Pennsylvania Being known as: 70 Clearview Drive, Carlisle, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Brandon T. Keough and Maureen Huber, single persons, as joint tenants with the right of survivorship by Deed.from Lynford K. Donivan and Sandra A. Donivan, husband and wife dated 12/30/96 and recorded 1/2/97 in Deed Book 151 page 542. TAX PARCELL NO: 29-16-1092-021 GMAC MORTGAGE CORPORATION Plaintiff, MAUREEN A. HUBER BRANDON T. KEOUGH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-725-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 70 CLEARVIEW DRIVE, 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.) MAUREEN A. HUBER 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 BRANDON T. KEOUGH 41 WOLFSBRIDGE ROAD 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 carmot be reasonably ascertained, please so indicate.) LYNFORD K. DONIVAN 116 W. HILL CREST DRIVE CARLISLE, PA 17013 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.) None 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 41 WOLFSBRIDGE 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 HARR/SBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 30, 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 : : Plaintiff, : MAUREEN A. ItUBER : BRANDON T. KEOUGH : Defendant(s). : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-725-CIVIL TERM 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff G,MAC MORTGAGE CORPORATION Plaintiff, MAUREEN A. HUBER BRANDON T. KEOUGH Defendant(s). TO: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-725-CIVIL TERM April30,2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 70 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 09/05/01 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 (the mortgagee) against you. I£the Sheriff's sale is postponed, thc property will be relisted for the 12/05/01 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 SheriWs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yotl. 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 he 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 GMAC MORTGAGE CORPORATION Plaintiff, Vo MAUREEN A, HUBER BRANDON T. KEOUGH Defendant(s). TO: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-725-CIVIL TERM April30,2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY ENFORMATION OBTA/NED 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 70 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 09/05/01 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the SherifFs sale is postponed, the property will be relisted for the 12/05/01 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the 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 flied with the Sheriffwithin ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in North Middleton Township, C,mberland County, Pennsylvania, and more particularly bounded and described in accordance with Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc. which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest corner of Lot No. 7 on the hereinabove mentioned subdivision plan; thence along the Northern line of said Lot No. 7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No. 1 (residual area), North 04 de~ees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20.82 feet to an iron pin; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginni, ug. BEING all of Lot No. 6 on the hereinabove mentioned subdivision plan; and containing 12,161.08 feet and having thereon erected a single family dwelling house and mailing address of 70 Clearview Drive, Carlisle, Pennsylvania Being known as: 70 Clearview Dr/ve, Carlisle, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Brandon T. Keough and Maureen Huber, single persons, as joint tenants with the right of survivorship by Deed from Lynford K. Donivan and Sandra A. Donivan, husband and wife dated 12/30/~6 and recorded 1/2/97 in Deed Book 151 page 542. TAX PARCELL NO: 29-16~ 1092-021 ~ . AFI01DAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) MAUREEN A. HUBER AND BRANDON T. KEOUGH SERVE MAUREEN A. HUBER AT: 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 No. 01-725-CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: 09/05/01 Served and made known to ]vi ~ U ~C e e bJ of Pennsylvaina, in the manner described below: ~ Defendant personally served. SERVED ~'-) ~ ~ ~Defendant, on the the address indicated above. ] Notana~ Sea~ Stacy L. Heefner, Nota~ Public JChamborr~uq] Boro, Frankrin Coun y Sworn to and su~.~ribed [My Commission before rne this II~'- day Membsr, Pennsylvgtl~a~s.e~i~t,onotNo~ .q~/ of ,2o0_/. / Notary: ~ ~J/~. ,'~ 1~/J~.~ By: (~) 9 ~ I~ NOTSER~D ? ~--L, dayof ~:~/ ,200J, ,Common eal __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age /-~ Height ~ 7 Weight ],~0 Race L-J~ Sex F Other , ~.~ '(, mp eat adult, being duly sworn according to law, depose and state that I personally handed a txue and correct copy of the Notice of qheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at ,200__, at o'clock __.m., Defendant NOT FOUND because: On the ........ day of _ __- Moved ___- Unknown__ No Answer __ Vacant Other: Sworn t~ and subsc~bed beI~re me th/s -. day of ,200 _. Notary: By: Attornev 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 DEFENDANT(S) MAUREEN A, HUBER AND BRANDON T. KEOUGH SERVE BRANDON T. KEOUGH AT: 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 No. 01-72S-CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: 09/05/01 SERVED Served and made known to 6~~°~'J '~' I(eo~'~,-.. at ~/";/ff, o'clock ~.m., at 4 ] ~'0 [J~'~ (3~ of Pennsylvan/a, in the manner described below: day of ~/~"( , 200_[, ~__Defen~t personally served. Adult family member with whom Defendant(s) reside(s). Relationship is (~o -~ ~', __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer &said Defendant(s)'s company. Ot~er: ~-I7 # Description: Age ,///O Height Weight /qo Race ~'q~.Sex ff Other I, k-\~'le'-e~ ~C C ,3~?,.~, a competent adult, being duly sworn accordhig to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. o'clock __.m., Defendant NOT FOUND because: .__ Moved ____ Unknown__ No Answer __ Vacant Other: Sworn to and sub~c~bed before metes day of ,200_. Nomry: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FEDE~4AN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION vs. ~AUREEN A. HUBER BRANDON T. KEOUGH ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF CO~4ON PLEAS CIVIL DIVISION NO. 01-725-CIVIL TERM RUI~ entered upon MAUREEN A. HUBER & BRANDON T. KEOUGH, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE tMs day ~f BY THE COURT: ~DERMAN ~ PHELAN by: Daniel G. sch~eg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ~4AC MORTGAGE CORPORATION vs. MAU~EEN A. HUBER BRANDON T. KEOUGH ATTORNEY FOR PLAINTIFF : CUMBEP/2U~D COUNTY COURT OF CO~ON PLEAS CIVIL DIVISION NO. 01-725-CIVIL TEP~M DP, DER AND NOW, this day of Prothonotary is ORDERED to reassess the damages in this case as follows: the Principal Balance Interest Amount 3/1/00 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOT~tL 78,023.43 8,556.00 358.02 3,901.00 1,107.00 0.00 101.00 300.00 0.00 2,319.68 $94,666.13 Plus interest per diem from 9/5/01 through Date of Sale at six (6%) NOTE; THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND CO~ISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: percent. FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ¢215} 563-7000 G~AC MORTGAGE CORPORATION vs. MAUREEN A. HUBER BRANDON T. KEOUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COI~ON pr.RAS CIVIL DIVISION NO. 01-725-CIVIL TERM PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon MAUREEN A. HUBER & BRANDON T. KEOUGH, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDEP~AN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ( 2_15 ) 563-7000 GMAC MORTGAGE CORPORATION vs. MAUREEN A. HUBER BRANDON T. KEOUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COM~ON P?~m~S CIVIL DIVISION NO. 01-725-CIVIL TEP/~ PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated on MARCH 29, 2001 in the amount of $90,056.59. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 7 Bankruptcy (#00- 02949RJW) filed on JULY 6, 2000. Plaintiff obtained relief from the automatic stay by Order of the Court dated OCTOBER 20, 2000. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 5, 2001. 4. Additional sums have been incurred or expended on Defendant/s)~ behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 3/1/00 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 78,023.43 8,556.00 358.02 3,901.00 1,107.00 0.00 101.00 300.00 0.00 2,319.68 TOT~_L $94,666.13 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess t damages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDW-P~qAN AND PHW-LAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 G~AC MORTGAGE CORPORATION vs. MAUREEN A. HUBER BRANDON T. KEOUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~qON PLEAS CIVIL DIVISION NO. 01-725-CIVIL TE~M BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REJ~SESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant (s) Agreement, wherein Defendant (s) entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment Ls satisfied. also, SteDhenson v. Butts, 187 Pa. Super 55, Home Mortgage Corporation of the Southwest 1988). 20 P.L.E., Judgments Sec. 191. See 59, 142 A.2d 319, 321 (1958}; Chase v. Good, 537 A.2d 22, 24 (Pa. Super In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Realitv Companv v. Burus, 414 Pa. 495, 200 A.2d 335 the property. (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939}. Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set ~orth in the Petition to Reassess Damages. DANIEL G. SCHMIEG, ESQUIRE ' JOS---~ JEFFERSON' and. :. · ROSIE JEFFF--RSON, him wife : COU.R? OF COMMON PLEAS PH%LADWLPHiA CIVIL TRIAL DIVISION ~4AY TERM,'i98~ ).~.. ORD_~R AND OPINION W.qITE, J. upon ¢ons~-deqation of 9i~!n~iff, Feder~l National ~ort.~aqe ~s~iation's Petitio~ for RecOnsideration Munc Pro T~nc this Cour='m Order of November 7, 1985 an~ =he Answer of Defehdants, Joseph Jefferson and Rosie Jefferson, it here~y'OR.DE~D and DE,RED as ' fo1 lOWS; ~ !) Said ~%~-on is GRATED; R~VERS'ED and ~aintiff%'~ Morion, for R'ea~sessmonc. of Becau=e Plaintiff was r~q~ired to ac::~p~ ~eti~loh and in fact did so, it is necessary ~o 3u~qm~nt by defau~ was ent~re~ in this a~t!on.. Because Defendan%s haue no~ refuted ~h~ specific am~un~= claimed by Plaintiff in the £ns~ant Motion for Reassessmen=, this Court fin~ that Defendants have admitted ~he~e amounts,, pursuant to Pa. R.C.P. !029(o). ~Y THE.COURT: THOMAS A. WH/TE, Jl VERIFICATION and correct to the best of undersigned understands that penalties of 18 Pa. C.S. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true his knowledge, information and belief. The this statement herein is made subject to the ~4904 relating to unsworn falsification to DATE: August 15, 2001 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDEB~%N AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION vs. MAUREEN A. HUBER BRANDON T. KEOUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COb~ON P?~S CIVIL DIVISION NO. 01-725-CIVIL TEBM AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Auqust 15, 2001. MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 DATE: August 15, 2001 Daniel G. Schmieg, Esquire Attorney for Plaintiff AUG P~y FEDERMAN & PHELAN ATTORNEY ESCROW ACCOUNT ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 []!C ! } 0,{;,/] 8() DOI,LARS DATE 8/15/200i A~OUNT T6 The Order Of ~oth!/ of! Cumberland County C}mberl nf:d County Courkhouse O:e Cousi?iouse Square ( rlisle, PA 1'7013 STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDf ss. Robert P Ziegler I, .............................................................................. Recorder of D~ds in and for said Gounty and State do'hereby c~:rtify that the Sheriff's I~ed in which ................ Federal National Mtg Assoc .................................................................................... is thc grant~ the sam~ having beon sold to said grant~ on the 5 th ............................................... day of September ........................................ A. D., ~ 01 ..... , under and by vlr~ue of a writ .............. Execut ion 7 th ................................................ issu~l on the ..................................... May 01 day of .......................... A.D., ..... ~ out of the (3ourt of Gonunan Pl~a~ of mid Gounty'as of Civil 01 .................................................................................. Term, ....... Number 725 . GMAC Mtg Corp .............. ~ at tl~e suit ol ............................................................... Maureen A Huber & Brandon T Keough ................................... against .................................................... is 248 4047 duly r~cord~d in Sherit£s De~l Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___/__~_ ..... day a ...... .............. n.n., GMAC Mortgage Corporation VS Maureen A. Huber Brandon T. Keough In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-725 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 11, 2001 at 3:29 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Maureen A. Huber, by making known unto Maureen Huber at 41 Wolfsbridge Rd. Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and attested copies of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 11, 2001 at 3:29 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Brandon T. Keough, by making known unto Maureen Huber, wife, at 41 Wolfsbridge Rd. Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Bryan Ward, Deputy Sheriff, who being duly swom according to law, states on July 1, 2001 at 9:04 o'clock A.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Maureen A. Huber and Brandon T. Keough, located at 70 Clearview Drive, Carlisle, Cumberland County, Pennsylvania 17013, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Maureen A. Huber, at her last known address of 41 Wolfsbridge Road, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Brandon T. Keough, at his last known address of 41 Wolfsbridge Road, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T. He sold the same for the sum of $30,000.00 to Attorney Dale Shughart (for Attorney Frank Federman) for Federal National Mortgage Association. It being highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, Pennsylvania 19103, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1667.85, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 600.00 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.35 Certified Mail 2.39 Levy 15.00 Surcharge 30.00 Law Journal 335.15 Patriot News 300.30 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $1,467.85 Swom and subscribed to before me This '~./,~)r day of (~ 2001, A.D. ~ ~. tPfothonotary R. Thomas Kline, Sheriff Refil Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) FO THE SHERIFF OF CUMBERLAND COUNTY: To sabsly the debt, interest and costs due GMAC Mortgage NO _ 01-725 CIVIL 19 CIVIL ACTION - LAW Corporation PLAINTIFF(S) from Mau~en~A. Huber and PA 17013. (1) You are directed to levy upon the propedy of the defendant(s) and to sell a~ 70 Clearview Drive, Carlisle PA 17013. descr~pt%on.) Brandon T. Keough, 41 Wolsfbridge Road, Carlisle _DEFENDANT(S) Real estate located (See attached legal (2) You are also directed to atlach the property of the defendant(s) nat levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the accounl of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property 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 him/he r that he/she has been added as a garnis bee and is enjoined as above stated Amount Due $90,056.-59 -- ~q~l'4%qS'U~Tr d~em ) ....... ~ Inlerest 2/28/01 - 9/5/01 $2,382.8 0 Atty's Corem % Arty Paid $122.20 Plaintiff Paid LL ~ $.50 Due Prothy $1.00 Other Costs Date: ....... M~?~ L 2_ 0~0_1. ...... REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center @ CURTIS R. LONG Prothonotary. Civil Division Suburban Station Philadelphia PA 19106 Attorney for: __ Plaintiff Telephone: (215) 5637000 Supreme Court ID No. 12248 Deputy REAL ES]'A'i-E SALE No. ~ u~.~ ~'v~,r,,~ ~o,,~oc~ I tr~e snerm tevied uDon.tl~e interest in tile rea! pro~e~, ,. ,, ,,.,. Cumberland County, Pa: ~; ~, ,~ ,,umbered as: .'7o C_r-t-'-f-~ and more ftJl~y Oescribed on Exhibit "A'~ filed with titis writ and by thls reference incorporated hereln~ SCHEDULE OF DISTRIBUTION SALE NO. 12 Writ No. 2001-725 Civil Term GMAC Mortgage Corporation VS Maureen A. Huber and Brandon T. Keough Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05,2001 Federal National Mortgage Association $30,000.00 Real Debt $90,056.59 Interest 2,382.80 Attorney writ costs 122.20 Total $92,561.59 Distribution Amount Collected Legal Search Sheriff's Costs $1,667.85 200.00 1,467.85 So Answers: R. Thomas Kline, Sheriff TITLE REPORT Commonwealth Land Title Insurance Company THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 012 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 through 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: Being the same promises which Lynford K. Donivan and Sandm A. Donivan, husband and wife, by deed dated December 30, 1996 recorded January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania in Deed Book 151, Page 542 granted and conveyed to Brandon T. Keough and Maureen Huber, single persons. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 40 foot wide Clearview Drive. 6. Conditions and restrictions shown on or set forth on the Final Minor Subdivision Plan for Paul L and Marjorie M. Cline, recorded in Cumberland County Plan Book 65, Page 134. 7. Building and use conditions and restrictions as set forth in deed of Paul L. Cline and Marjorie M. Cline dated January 3, 1996 recorded February 2, 1996 in Deed Book 134, Page 733. Said deeds being recorded in other deeds of record of Paul L. Cline and Marjorie M. Cline. 8. Building and use restrictions and restrictions as set forth in Miscellaneous Record Book 444, Page 1087, prohibiting trailers, mobile homes and single family modular dwellings with a pitch less that 4/12. Mortgage in the amount of $80,750.00 given by Maureen A. Huber and Brandon T. Keough, wife and husband, to GMAC Mortgage Corporation, dated December 30, 1996 recorded January 2, 1997 in Mortgage Book 1359, Page 57. Complaint in Mortgage Foreclosure filed by GMAC Mortgage Corporation as Plaintiff against Maureen A. Huber and Bmndon T. Keough as Defendants in the Office of the Prothonatary of Cumberland County to file No. 2001-725. Judgment entered March 29, 2001 in the amount of $90,056.59. 10. Judgment in the amount of $11,187.44 entered by Lynford K. Donivan as Plaintiff against Brandon T. Keough and Maureen A. Huber as Defendants on May 23, 1997 in the Office of the Prothonatary of Cumberland County to file No. 97-2758 in the amount of $11,187.44. 11. Municipal lien entered by Carlisle Suburban Authority as Plaintiff against Brandon T. Keough and Muareen A. Huber as Defendants on August 2, 2001 in the Office of the Prothonatary of Cumberland County to file No. 2001-4625 in the amount of $319.56. 12. Subject to deed of easement and right-of-way creating Cleatview Drive by instrument dated January 9, 1991 recorded January 17, 1991 in Miscellaneous Record Book 392, Page 829. 13. Subject to agreement dedicating land for Clearview Drive dated November 19, 1990 and recorded September 14, 1992 in Miscellaneous Record Book 426, Page 989. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff sale.. 15. Real estate taxes accruing on and after January 1, 2002, not yet due and payable. 16. IT IS TO BE NOTED THAT NO SEARCH OF DOMESTIC RELATIONS RECORDS HAVE BEEN MADE TO DETERMINE SUPPORT ARREARAGES REGARDING HOUSE BILL 1412, ACT 58 OF 1997, NOR HAS ANY SEARCH BEEN MADE FOR ENVIRONMENTAL LIENS IN FEDERAL DISTRICT COURT. REAL ESTATE SALE NO. 12 Writ No. 2001-725 Civil GMAC Mortgage Corporation vs. Maureen A. Huber and Brandon T. Keough Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in North Mlddleton Town- ship. Cumberland County, Pennsyl- vttrl~a, amd more paracu]arly bound- ed and described in accordance with Final Minor Subdlvison Plan for Paul L. and MarJorie M. Cline, pre- pared by Fisher, Mowery, Rosendale and A~sociates, Inc, which said sub- division plan is recorded in the Of- fice of the Recorder of Deeds in amd for Cumberland County, Pennsylva- nia. in Plan Book 65, page 134. as follows: BEGINNING at an Iron pin on the Eastern line of Clearview Drive at the Northwest corner of Lot No, 7 on the hereinabove mentioned sub- division plan; thence along the Northern line of said Lot No. 7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No, 1 [residual area), North 04 degrees 00 minutes 00 seconds East 104.00 feet to an Iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20,82 feet to an Iron phi; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an Iron phi, the point and place of beginning. BEING all of Lot No. 6 on the herehiabove mentioned subdivision plan; and contsJning 12,161.08 feet and having thereon erected a single family dwelling house and mailing address of 70 Clearvlew Drive, Carlisle, Pennsylvania. Being known as: 70 Clearview Drive. Carltsle, PA 17013. TITLE TO SAID PREMISES IS VESTED IN Brandon T. Keough and Maureen Huber, shigle persons, as joint tenants with the right of survi- vorship by Deed from Lynford K. Don/van and Sandra A. Donlvan, husband and wife dated 12/30/96 and recorded 1/2/97 in Deed Book 151 page 542. TAX PARCEL NO: 29-16-1092- 021. ' GMAC MORTGAGE CORPORATION Plaintiff, MALqREEN A. HUBER BRANDON T. KEOUGH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-725-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 70 CLEARVIEW DRIVE, 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.) MAUREEN A. HUBER 41 WOLFSBRIDGE ROAD CARLISLE, PA 17013 BRANDON T. KEOUGH 41 WOLFSBRIDGE ROAD 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.) LYNFORD K. DONIVAN 116 W. HILL CREST DRIVE CARLISLE, PA 17013 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.) Nolle Name and ad&ess of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If ad&ess cannot be reasonably ascertained, please so indicate.) None Name and ad&ess 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 ad&ess of every other person whom the plaintiffhas 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 41 WOLFSBRIDGE 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 unsworn falsification to authorities. April 30, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff · GMAC MORTGAGE CORPORATION Plaintiff, MAUREEN A. HUBER BRANDON T. KEOUGH Defendant(s). TO: MAUREEN A. HUBER BRANDON T. KEOUGH 70 CLEARVIEW DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-725-CIVIL TERM April30,2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 70 CLEARVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 09/05/01 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the 12/05/01 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: 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. 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 ~ou 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 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 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 Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Permsylvania, and more particularly bounded and described in accordance with Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline, prepared by Fisher, Mowery, Rosendale and Associates, Inc. which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, page 134, as follows: BEGINNING at an iron pin on the Eastern line of Clearview Drive at the Northwest corner of Lot No. 7 on the hereinabove mentioned subdivision plan; thence along the Northern line of said Lot No. 7, South 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No. 1 (residual area), North 04 degrees 00 minutes 00 seconds East 104.00 feet to an iron pin; thence along the Southern line of a private right of way, South 83 degrees 31 minutes 27 seconds West 122.72 feet to an iron pin; thence by the same by a curve to the left having a radius of 15.00 feet, an arc length of 20.82 feet to an iron pin; thence along the Eastern line of said Clearview Drive, South 04 degrees 00 minutes 00 seconds West 66.94 feet to an iron pin, the point and place of beginning. BEING all of Lot No. 6 on the herein,above mentioned subdivision plan; and containing 12,161.08 feet and having thereon erected a single family dwelling house and mailing address of 70 Clearview Drive, Carlisle, Pennsylvania Being known as: 70 Clearview Drive, Carlisle, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Brandon T. Keough and Manreen Huber, single persons, as joint tenants with the right of survivoxship by Deed from Lynford K. DoaJvan and Sandra A. Donivan, husband and wife dated 12/30/~6 and recorded 1/2/97 in Deed Book 151 page 542. TAX PARCELL NO: 29q6-1092-021 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: JULY 20, 27, AUGUST 3, 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 ~TAT~ ~ I~O. 12 Writ No. 2001-725 Civil GMAC Mortgage Corporation VS. Maureen A. Huber aJad Brandon T. Keough Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in North Middleton Town- ship, Cumberland County, Pennsyl- vania, and more particularly bound- ed and described in accordance with Final Minor Subdivison Plan for Paul L. and Marjorie M. Cline, pre- pared by Fisher, Mowery, Rosendale and Associates, Inc. which ~aid sub~ SWORN TO AND SUBSCRIBED before me this 3 .day of AUGUST, 2001 T IE PATRIOT NEWS THESUNDAY 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 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 daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 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 Comp/any and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin i~ MiScellaneous Book "M", Volume 14, Page 317. // // PUBLICATION ..... ~.~.~../... ~ -- I ~~~ NOTARY PUBLIC % Me.m, ~a~ ~ ~commissio~ e~ims J~ne 6, 2~2 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached ~;~ ~ ~,m~( hereto on the above stated dates $ 298.80 .'~t~m~; Probating same Notary Fee(s) $ 1.50 ~_~'~1 .~:~u~ ~,~ Total $ 3 00. 3 0 ,~~,~. Pubfisher's Receipt for Advertis~n~ Cost ~~ Patriot News Co. p~isher of T~e P~fio~-New~ and The Sund~y Perrier-News, newspapere of c~rcu~ation. ~ere~y acknowledge receipt o~ th~ aforesaid notice an~ publication cost~ and ce~ff~e6 that t~e same have been ~u~y p~. REAL F-~TATE 8.~J~ NO, 12 Writ No. 2001 725 Civil GMAC Mortgage Corporation vs. Maureen A. Huber and Brandon T. Keough Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in North Middleton Town ship, Cumberland County, Pennsyl- vania, and more particularly bollnd- ed and described in accordance wlth Final Minor Subdlvisen Plan for Paul L. and MarJorie M. Cline re pared by Fisher Mowe-- ~ ' p and ~Ssociates, Inc. division plato Which said sub is recorded in the Of- flee of the Recorder of Deeds in and for Cumberland County, Pennsylva_ nia, in Plan Book 65, page 1.34, follows: as BEGINN/NG at an iron pin on the Eastern line of Clearvlew Drive at the Northwest Corner on the of Lot No. 7 herelnabove mentioned sub- division plan; thence al Northern line of said Lot No o~n~g the 86 degrees 00 minutes 00 seconds East 132.94 feet to an iron pin; thence along Lot No. 1 (residual area). North 04 degrees 00 minutes 00 seconds East 104.00 feet to Iron pin; thence along the SOUthe~ West 122.72 fe~, pres 27 seconds thence by the same by a curve th, left a of lS.00 04 d~ d Clearvlew D,q,, stern ,., -graes 00 lni-..~ ..ye, South west 66.94 fe~ * J,utes 00 Second