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HomeMy WebLinkAbout01-1271 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, : KELLY R. FINNEY : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amotmt Due $96,319.48 Interest from 5/1/01 to 9/5/01 $2,010.83and Costs (per diem - $15.83) TOTAL $98,330.31 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 lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et ux, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet to White Pine at private road; Thence Eastwardly along said private road one hundred nine and two-tenths (109.2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143.0) feet to ~e place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NUMBER: I0-18-1314-011 TITL~ TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 7/7/97 in the County of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. Fi.nney and Kelly R. Firmey, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. Fiuney, a married man by Deed dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland in Deed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her heirs and assigns. -GMAC MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS KELLY R. FINNEY : CIVIL DIVISION : Defendant(s). : NO. 01-1271 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 4440 SEARS RUN DRIVEMECHANICSBURG~ PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 2. 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 3. 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 4. 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.) EMPIRE FUNDING 9737 GREAT HILLS TRAIL CORPORATION AUSTIN, TX 78759 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address carmot be reasonably ascertained, please so indicate.) None 7. 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 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 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 true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE /FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS : CIVIL DIVISION KELLY R. FINNEY : : NO. 01-1271 Defendant(s). : CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) 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 GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, : KELLY R. FINNEY : Defendant(s). : May 22, 2001 TO: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 **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 4440 SEARS RUN DRIVEMECHANICSBURG, PA 170~5is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 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 (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to thc highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may bc able to petition the Court to set aside the sale if thc bid price was grossly inadequate compared to the value of your property. 3. Thc sale will go through only if thc buyer pays the Shefiffthc full amount due in the sale. 'Fo find out if this has happened, you may call (717) 240-6390. 4. If the amount duc from the Buyer is not paid to the Shcfiff, you will remain thc owner of the property as if thc sale never happened. 5. You have the fight to remain in the property until thc full amount due is paid to the Sheriff and the Shcfiff gives a deed to thc 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 Shefiffwithin 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 Shefiffwithin ten (10) days after the distribution is filed. 7. You may also have other fights 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 OFHCE LISTED BELOW TO HND 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 lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et ux, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet to White Pine at private road; Thence Eastwardly along said private road one hundred nine and two-tenths (109.2) feet to an iron '~' post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143.0) feet to the place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NUMBER: 10-18-1314-011 TITLI~ TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 7/7/97 in the County of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. Finney, a married man by Deed dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland in Deed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her heirs and assigns. SHERIFF'S RETURN - REGULAR CASE'NO: 2001-01271 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND GMAc MORTGAGE CORPORATION VS FINNEy KELLY R SH;d~NON SUNDAY Sheriff or Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT _ MORT FORE was served upon FINNEy KELLY R the DEFENDANT, at ~013:5~44 HOURS, on the 19t~h day of March 2001 at 44 PALMER DRIVE ~ CANp HILL, PA 17011 by handing to KELLY FIN-NEY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: ~ Docketing So Answers: Service .00 Surcharge .00 ~ .00 R. Thom~ .00 8.68 03/2 /2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this ~? day of ~~~. ~, ~ ~2~_~___ A.D. Dep~' ~ SHERIFF'S RETURN - OUT OF COUNTY CAS~ NO: 2001-01271 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOPJtTION VS FINNEY KELLY R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to ].aw, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FINNEY KELLY R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On Marc___~_~h 21st 2001 , this office----~-as in receipt of the attached return from YORK Sheriff,s Costs: SO : . Docketing 18.00 ~~ Out of County 9.00 Surcharge 10.00 DEP. YORK CO 32.S6 Sheriff of Cumberland County .00 03/21/2001 FEDERMAN & PHELAN Sworn and subscribed to before me this j~ ~ day of ~ A.U. Y COUNTY OF YORK OFFICE OF THE SHERIFF ~ 28 EAST MARKET ST., YORK. PA 17401 (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 3 n~,r~ ...... ,GHAC [~:)RTC-.AGE CORPoRAtION SERVE ~ 5.~ ~ ~ ) ATTACHED OR SC ~~20~ i,~/~.O~COUN~PA, dohereb de ' . · ~~ b~g ~e reque© law~ de~t and ris~ort~ ail ~tti~>~nd make re~tr~ft~c~hr~r/n~°f , SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASStST IN EXPEDtTING SERVICE:, ' NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff le~ing upon or a~aching any prope~ under within writ may leave same ~n, or remova~ of any prope~ before sh r 9. ~PE NAME AND ANDRES e iff's sale thereof,  g~f~, on of ,e~ or a.achment, w,thout liabil,ty on the pa~ of such deputy or the sheriff to any p,aintiff 13.; acknowledge receipt of the writ ring Date 16. HOWSERVED: PERSONAL( } RESIDENCE( ) PO ~e~us~ una~e to locate the ,nd vJdual.~a~, etc. na~ ! OTHER~ ~ SEE REMARKS 41. AFFIRMED and subscrib~ ~O,before me this !.3TH 44. Signature of S und 46 Signature of Fore,ga 3/ ~~ Coun Sheriff COUNTY OF YORK OFFICE OF THE SHERIFF s..,v,cEc,..L (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE 1. PLAIN~ DO N~ 3, DEFENDANT/S/ ; '" ¢. TYPE OF WRIT OR COMPLAINT SERVE { 5. NAME Of INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY T(~ RE LEVIED, ATTACHED, OR SOLD. 6. ADDRESS (STREET OR RFC WITH BOX NU~'BE~i, APT NO., CIT'4 BORO, TWp, STATE AND ZIP CODE AT 7. INDICATE SERVICE: ~ Fi CER~ MAIL Fi 1ST CLASS MAIL ~1 POSTED [] OTHER NOW ., 20 I, SHERIFF OF YORK COUNT~, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILl. ASSIST IN EXPEDITING SERVICE: SHERIFF OF YORK COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY / ORIGINATOR and S GNATURE ~ 110. TELEPHONE NUMBER I 11. DATE FILED 12' SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW; (This area must be completed if notice is to be mailed). ~ DO NOT ' t 3. l acknowledge receipt of the writ WRITE or complaint as indicated above. DATE RECEIVED ~/He~g Date t6. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED ~ . ( POE ) SHERiF,~- ~ ' ~ . ~ -- -- · o ~r-~- t OTHER ) SEE REMARKS 7 ~ I hereby cart,fy and return a NOT FOUND because I am unable to locate the individual, company, etc. na~ (S~-e r~marks be~'~ 8. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IP NOT SHOWN ABOVE (Relationship to Defendant) ~2. REMARKS , 34 Foreign County Costs 35 Advance Cost , I I ~ ' ,i ~S J 37. Notary Cert. 138. Mileage/Postage/N.E J 3J' T°tal C°sts ~ 140. Cost Due or !efund ' 4'. AFFIRMED and subscdbed to before me this ~ Dap. Sheriff i 42. day of ,20 43. 45. Signature of York PROTHO / NOTAR~ County Sheriff 46. Signature of ~ign URE OF AUTHORIZED SSUING AUTHORITY AND T TLE 51. DATE RECEIVED i. WHITE - ssuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE * Sheriff's Office AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY DEFENDANT(S) KELLY R. FINNEY No.01-1271 SERVE AT 44 PALMER DR/VE Type of Action CAMp HILL, PA 17011 - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED at./O: °,o'clock .m.,a q¥ /.-[,ll - ! , Commonwealth of Pennsylvania, m the manner described below: .Defendant personally served. Y-_Aduh family member with whom Defendant¢s) reside(s). Relationship is ~ US b a ~ 4 .qTS/ Vas co Adult in charge of Defendant(s)'s residence who refused to give name or relatinnsinp. ~_Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~.Agem or person in charge of Defendant(s)'s office or usual place of business. __ Other: an officer of said Defendant(s)'s company. Description: Age//~ Height ~ ,t' I,C[ Weight ./,9"0 Race W~A ~K~'~/'4ce"/" C~ (Ck',/ ~'~ a corn etent ' ' ' · _ Sex Other ~ :, p aautt, being amy sworn according to law, depose and state that I a true and correct copy of the/Notice of Sheriff' ~o~. 4~ *~- ............... persouall handed the address indicated above, s ...... ,,,g ,,~o~¢, ~ set xorm hereto, tssued in the captioned case on the datey and at Swor~ to and s~b~,~bed before Ime this C~ ~3'.~ day of._~lla~__, 2003. ~ , On the __ _ day of _, 200__, at --_ o'clock __.m., Defendant NOT FOUND 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 GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Kelly R. Finney Writ No. 2001-1271 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. Sheriffs Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 16.90 Levy 15.00 Advertising 15.00 Certified Mail 1.13 Poundage 13.74 Postpone Sale Law Journal 302.60 Patriot News 442_4_429_. $700.82 paid by attorney 8/31/01 Sworn and subscribed to before me So Answers: This. 5,v~ dayof ~.~ ]'"~'~~ q~'~ 2001, A.D.~~t~_.~.~~ R. Thomas Kline, Sl~eriff Prothonotary B YR~ ¥ ~'/q~ al Esta~te Deputy - GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, : : COURT OF COMMON PLEAS KELLY R. FINNEY : : CIVIL DIVISION Defendant(s). : NO. 01-1271 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 4440 SEARS RUN .DRIVEMECHANICSBURG~ PA 1705g 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be '- reasonably ascertained, please so indicate.) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 2. 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 3. 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 4. 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.) EMPIRE FUNDING 9737 GREAT HILLS TRAIL CORPORATION AUSTIN, TX 78759 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. 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.) Tenunt/Oeeupant 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 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 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. DATE ~ /FRANK FEDERMA~, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, : CUMBERLAND COUNTY : No. 01-1271 KELLY R. FINNEY : Defendant(s). : May 22, 2001 TO: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 **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 4440 SEARS RUN DRIVEMECHANICSBURG, PA 17055is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the ' by GMAC MORTGAG oDt~ ,~ -v~r,~,T ,,,_ . , court judgment obtained E CO .... ~.~., . ' . . ~ ~me mortgagee) agmnst ou. If th ' · postponed, the property will be rehsted for the Sher~Fi~s Sale.e Sheriff's sale is .NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAL~; To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 1215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgrnent 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. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of 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 flied 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 WItERE 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 lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (608) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of William H. Morgan, et ux, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet to White Pine at private road; Thence Eastwardly along said private road one hundred nine and two-tenths (~09.2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formerly of Robert Weaver one hundred ninety-six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred forty-three (143.0) feet to the place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NUMBER: 10-18-1314-011 TITLI~ TO SAID PREMISES IS VESTED IN Kelly R. Finney, a married woman, her heirs and assigns by reason of the following: BEING THE SAME premises which Pamela E. Juhasz, a single person by Deed dated 6/30/97 and recorded 7/7/97 in the County of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. Finney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME premises which Darryl K. Finney, a married man by Deed dated 7/5/2000 and recorded 7/28/2000 in the County of Cumberland in Deed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her heirs and assigns. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. ~_ CIVIL 1~X TE~",~ CIVIL ACTION - LAW -- TO THE SHERIFF OF ~ _COUNTY; To satisfy the debt, interest and costs due C;~]AC Mortg'ag~e Corporation from Kelly_R. Finney~ 44 Palmer Drive, Camp Hill, PA 17011 __PLAINTIFF(S) _DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of --GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s} is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; stated. (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 garnishee and is enjoined as above Amount Due ~~ L.L. frcm 5/1/01 to 9/5/01 $.50 Interest ~c~_r~3j~mL=$/5_ .R~l~%?.j)]~L~ts Due Prothy $1.00 Atty's Corem % Other Costs A~y Paid 2150.24 P~aintiff Paid Date: June 8, 2001 Prothonotary, Civil Division REQUESTING PARTY: b~ Deputy Name Frank Federman, _Esq.__ Address: ~.e Penn Center at Suburban Station, Suite 1400 Philedel hia, PA 19103 AHorney for: Plaintiff Telephone: 215-565-7000 Supreme Court ID No. 12248 ~, /¢~-~ Id, 2oo/ tl~e snerdt levied upon the (? al -ropertv situRted ~n ~-- interest in the re p Oum~rland county, pa ~~ and more '.his writ and by this reterence incorporated herein. THE PATRIOT NEWS THE SUNDAY 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-New,~ and The Sunday Patriot-New,~ 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 Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellan~eous Book M, Volume 14, Page 317. "" PUBLICATION / COPY Sworn to and suh~crih~d hnfnr~= rn~lst da;"'f~Au~'~.~00(~ S A L E #34 /..~ 1AD ........ _,...,,.. MyCom~ss~ Ex. ms June6, ~oe~ ~C/NOT.~/Ry ~UBLIC Merrier Pefmsyfvanla AssOCiation el No~ane.~ .... r~y commlss on expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR3H(XJSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 242.79 Probating same Notary Fee(s) $ 1.50 Total $ 244.29 Publisher's Receipt for Advertising Cost publisher of ~and Th- -P_- i .--' ' , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed noiice or publication attached hereto is exactly thc same as was printed in the regular editions and issues of thc 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. nam. ~S?aT~ sara To. s4 Roge Writ No. 2001-1271 Civil GMAC Mor~e Co~raaon SWO~ TO ~ S~SC~ED before me this ~' 3 day of AUGUST 2001 Kelly R. Fm~ of I~d situate in H~en To~ _ . ~ ~ s~p, Cm~r~d Count, Pe~syl- fono~, to ~t: ~ [ B~I~ING at a ~int In ~e een- s~ hundred eight {608) f~t. more PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION : Plaintiff, : : No. 01-1271 KELLY R. FINNEY : : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,319.48 / Interest from 5/2/01 to 3/6/02 $ 4,891.47 and Costs (per diem - 15.83) TOTAL $101,210.95 FRANK FEDERMAN, ESQUIRI~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN lot or piece of land situate in Hampden Township. Cumberland Coua.ry, Permsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, which point is six hundred eight (508) feet, more or less, East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along Iands formerly of Will/am H. Morgan, er ux, now or late of John E. Cline, two hundred ten and five-tenths (210.5) feet rd White Pine at private road; Thence Eastwardly along said private road one hundred nine and two-tenths (109.2) feet to an iron post; Thence Southwardly along lands now or formerly of Mrs. Harry Essick and now or formert7 of Robert Weaver one hundred ninety-sLx (196,0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred fort~'<hree (143.0) feet re the place of BEGINNING. BEING No. 4440 Sears Run Drive. TAX PARCEL NUM-BER: 10-i8-1.314-011 T~TL~ TO SAID PREMISES IS VESTED IN Kelly R. Finney, a mar'Ned woman, her heirs and assigns by reason of the following: BEING THE SAME premises wkich Pamela E. Juhasz, a single person by Deed dared 5/30/97 and recorded 7/7/97 m the County. of Cumberland in Deed Book 160 Page 715 conveyed unto Darryl K. FLuney and Kelly R. Finney, husband and wife. AND ALSO BEING THE SAME prom/sos which Darryl K. Finney, a married man by Deed dared 7/5/2000 and recorded 7/28/2000 in the County of Cumberland in Deed Book 225 Page 1122 conveyed unto Kelly R. Finney, a married woman, her he/rs and assigns. GMAC MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS KELLY R. FINNEY : CIVIL DIVISION Defendant(s). : NO. 01-1271 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 4440 SEARS RUN DRIVEl MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the 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 indicate) Tenant/Occupant 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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. December 6, 2001 "~,~ ~x_ ~v/~~ DATE FRANK FEI~ERMA/q', ESQUIR~ Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS : CIVIL DIVISION KELLY R. FINNEY : : NO. 01-1271 Defendant(s). : CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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, EsQiJ1RE Attorney for Plaintiff GM[AC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, : KELLY R. FINNEY : Defendant(s). : December 6, 2001 TO: KELLY R. FINNEY 44 PALMER DRIVE CAMp HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT.4 DEBTAND ANY1NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLy RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT W.4S NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN .4TTEMPT TO COLLECT A DEBT~ BUT ONLY ENFORCEMENT OF A LIEN AGAINSTPROPERTY. ** Your house (real estate) at 4440 SEARS RUN DRIVE, MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriff's Sale on MARCH 6 2002 at 10:00 a.m. 'n the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court ]urdgment of $96~319.48 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If th'e Sheriff's sale is postponed, the property will be relisted, for the JUNE 5, 2002 Sheriff's Sale. .,NOTICE OF OWNER'S RIGHTS .YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALI ,~ To prevent this Sheriffs Sale, you must take imme 'ato uotln,. ~mmediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgrnent was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of 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 Sheriffwithin 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 lot or piece of land situate in Hampden Township, Cumberland Count,/, Permsylvania, bounded and described as follows, to wit: BEGIN.NTNG at a point in ~e center of a public road, which poin~ is six hundred eihh~ (605) feet. more or less. Easz from ae western side of the bridge at Sierer's Run and which point is a pla; Thence Northwardly alona lands formerly of William H. Moraan, et ax, now or late of John E. Cline, ~o hundred ~en ~d five-tent12.s (210..5) feet to Vvhke Pine at private road; Thence Easr,vardly along said private road one hundred mine and ~'o-ren~s (!092'; reef ~o an iron post; - Thence Sour~wardly along lands now or formerly of Mfrs. Harry. Essick and now or formerly of Robe,--c Weaver one hundred aine,w. -six (196.0) feet to a point in the center of said public road; Thence Westwardly along the center of said public road one hundred rb~,'-three (i43.0) feet place of BEGINNING. BEING No. 4440 Scars Run Drive. T.~X~ PARCEL NL'M73ER: I0-i8-13 I4-011 .T. ITL~ TO SAID PREMISES [S VESTED [zN Kelly R. Fkmev, a married woman, her heirs and assig~ by reason of the follo~ving: ' BEING TH_E SAME premises which Pamela E fuhasz, a si.n~e t~erson by recorded 7///97 m the County -~ .... ""- ~ ;' ~' . Deed dated 6/30/97 and · -. . ~ ~umoeriant: m oe,d Book 160 Pane 7!5 conveyed unto Darrvl K. ruzney and Kelly R. Fianey, husband and wife. - ' AND ALSO BEING THE SAME premises which Darzvl K. Fimaey, a m~_rried man bv Deed dated 7/5/2000 and recorded 7/28/2000 ia the County of Cut'borland ia Deed Book 225 Pa_~e !!22 cor~ve,:'ed unto Kelly R. Fi.rmey, a married woman, her heirs and assig-ns. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION No. 01-1271 DEFENDANT(S) KELLY R. FINNEY ACCT. #450766621 SERVE KELLY R. FINNEY AT 44 PALMER DRIVE Type of Action CAMP HILL, PA 17011 - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED ;~doma~ hikoc~Wn to ](~[l[ j~), , Defendant, on the at ~ , ~l~.m.,at 44 ~[v~e~ ~)~/ C~x,'4~ ~// ,Commonwealth of Permsylvania, in the manner described below: ~ Defendant personally served. 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. Description: Age 50 Height Weight /'~ Race ~ Sex F Other I, C[~x-e-~Jc-~ Ix, [ ~,(.~"t ~,~a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the No[ice 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' .... · 'r' NOTARIAL SEAL / ANNE G BORYAN, Notary Pub~ ! / Sworn to and subscribed ' . . / : .... ,.~.,~. [ .C. ha..mbersbu~ Bo~o, Ranklin. g6ul~ I °e~°4e~nee~--r-~ a. aYIMyuommis4don ExplmsD '"l,5 l I of.~e ,2ooJ_. _-~-~ / ,~,~..;~', PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES 8* TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SALE DATE: MARCH 6 2002 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION vs. No.: 01-1271 KELLY R. FINNEY 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: 4440 SEARS RUN DRIVE, MECHANICSBURG, PA 1705:,. 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 0fthe 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. FRANK FEDERMAN, ESQUIRE - February 26, 2002 Attorney for Plaintiff GMAC MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS KELLY R. FINNEY : CIVIL DIVISION : Defendant(s). : NO. 01-1271 AFFDAVIT 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 4440 SEARS RUN DRIVEl MECHANICSBURG~ PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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. December 6, 2001 ~.~r ~'X__~ ~ DATE FRANK FEDERMAN, 2SQUIRE Attorney for Plaintiff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) KELLY R. FINNEY PROPERTY: 4440 SEARS RUN DRIVE MECHANICSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002, at 10:00 a.m. in Cumberland County 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 Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH SALE DATE: _MARCH 6, 200'~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 01-1271 ~D~P~'~ '~' ~'~ ~.L~N KELLY R. FINNEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4440 SEARS RUN DRIVE, MECHANICSBURG, PA 17055. 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 atfached 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. FRANK FEDERMAN, ESQUIILE Attorney for Plaintiff February 26, 2002 ~T~,~,~? ,~.~D ~L~ STATE OF PENNSYLVANIA, I COUNTY OF CUMBERLANDt ss. Robert P Ziegler I, .............................................................................. Recorder of Deeds in and for said Gounty and State do hereby certify that the Sheriff's Deed in which ..... f~c_ _ _M_t_g__ f_o_r_p_ ............................................................... is the grantee 6th the same having been sold to said grantee on the ............................................... day of ___.M__a_r_c_h_ .............................. A. D., 1~_2__0_0_2___, under and by virtue of a writ .............. ..... _~_x~_ _~_t_i_o_~_ ................................ i~ued on t~c ..... )_0_t_ _h ........................... day of Dece~qber A.D., ~9 2001~ out of the Court of Comman Pleas of said County as of civil .................................................................................. Tc.~,~2_0_03___ 1271 GMAC Mtg Corp Number .............. , at the suit of ............................................................... Kelly R Finney ................................... against .................................................... is 250 4733 duly recorded in Sheriff's Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~_~__ day of .... ~ ............. ,,-~ A. ~/~..~__ 00~. ..... GMAC Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Kelly R. Finney Writ No. 2001-1271 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 7:25 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Kelly R. Firmey, by making known unto Kelly Finney, personally, at 44 Palmer Drive, Camp Hill, Cumberland County, pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 2:50 o'clock P.M., E.S.T., she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kelly R. Finney located at 4440 Sears Run Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Kelly R. Finney, by regular mail to her last known address of 44 Palmer Drive, Camp Hill, PA 17011. This letter was mailed under the date of January 23, 2002 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 March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being highest bid and best price received for the same GMAC Mortgage Corporation of 401 West 24th Street, National City, CA 91950-6696, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $856.26, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 16.79 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 16.25 Certified Mail .82 Levy 15.00 Surcharge 20.00 Law Journal 321.20 Patriot News 289.50 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 $856.26 paid 3/13/02 This 'g'° day of 5~)fl R. Thomas Kline,' 2002,^.D. (2~._ ~.-~.~ B,4o~ 3~ 1Jro{honotary Real Estafe Deputy gf~MAC MORTGAGE CORPORATION J : : CUMBERLAND COUNTY Plaintiff, : : COURT OF COMMON PLEAS KELLY R. FINNEY : CIVIL DIVISION Defendant(s)· : NO. 01-1271 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 4440 SEARS RUN DRIVE~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: KELLY R. FINNEY 44 PALMER DRIVE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None· On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered as 4440 Sears Run Drive, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2001 By: ' ' ~e0al~E t~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The P td - newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County o · ' ' s Book "M", Volume 14, Page 317. PUBLICATION ....................... · .................................. COPY Rwnrn to and subscribed b~for~ me.~is 22nd ~;~f Fel~ry 2002 A.D. S A L E #40 Hafffst~urg, Dauphin County ' ~ I /~ LI-- I~.~.L~I'~TE ~/.E I~. 40 W[411~.2~1-1~/1 Member, ~nsy~vanla Associatio~ et Nelad~' commission expires June 6, 2002 ~ CUMBERLAND COUNTY SHERIFFS OFFICE 'VI CUMBERLAND COUNTY COURTHOUSE Ally: Fntnk Fedmmn CARLISLE, PA. 17013 ALL THAT ct~lRIN~e~ot piece of lad aa,= ~ ~ ~ c=~ Statement of Advertising Costs uf~i,~o~;,i~ / To THE PATRIOT-NEWS CO., Dr. I~O~"P°i"t~t~c~'a~'otal3ab~c" For publishing the notice or publication attached ~n.~la~,East f~a~W~a, f,~of hereto on the above stated dates $ 288.00 ~ae ~ atSker'~R~ exl~d~F~t is Probating same Notary Fee(s) $ 1.50 1/a~ ~)' ~ lm~ tw~ of Total $ 289.50 (2~0:~toW~ite~te.~ Publisher's Receipt for Advertising Cost =ina a~l~-~=~ (lo~:2) f=to a~ ,., publisher of The Patriot-News and The nda Patri t-New , newspapers of general circulanoh, huruuy"'=,.,.,',,~.,=uge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : -' SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of thc 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: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001-1271 Civil GMAC Mortgage Corporation vs. SWORN TO AND SUBSCRIBED before me this ~ny R. Finney 8 .day of FEBRUARY. 2002 Atty.: Frank Federraan ALL THAT CERTAIN lot or piece of land situate in Hampden Town- ship. Cmnberland County. Pennsyl . vania, bounded and described aSfol]ows, to wit: · BEGINNING at a point in the cen- ter of a public road, which point is LOiS E. SNYDER1 NO~'~ ~Jl:~IC I six hundred eight (608) feet. more ~ ~, c an __ I or less. East from the western side of the bridge at Sierer's Run and which point is marked by a pin; Thence Northwardly along lands formerly of Williarn H. Morgan. et ux, now or late of John E. Cline. txvo hundred ten and five-tenths FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 1~215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY 401 WEST 24TH STREET : NATIONAL CITY, CA 91950-6696 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. _. KELLY IL FINNEY : NO. 01-1271 : 44 PALMER DRIVE : CAMP HILL, PA 17011 Defendant(s) : 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 KELLY R. FINNEY, 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 $94,643.68 Interest 2/1/01 to 5/1/01 .$1~675.80 TOTAL $96,319.48 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 £or Plaintiff DAMAGES ARE HEREBy ASSESSED AS INDICATED. PRO PROT~]~ **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. ~rank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. KELLY R. FINNEY : CUMBERLAND COUNTY Defendant(s) : NO. 01-1271 TO: KELLY R. FIITR-Ey 44 PltLMER DRIVE DATE OF NOTICE: ~ 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 N TI E 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 ! 7013 (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 Attorney for Plaintiff GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas VS· KELLY R. FINNEY : CML DIVISION : Defendant(s) : NO. 01-1271 : VERIFICATION OF NON-MI1JTARY 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 KELLY R. FIN-NEY is over 18 years of age and resides at 44 PALMER DRIVE, CAMP HILL, PA 17011· This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : : Court of Common Pleas VS. _. KELLY R. FINNEY : CIVIL DIVISION Defendant(s) : : NO. 01-1271 : _. _. Notice is given that a Judgment in the above captioned matter has been entered a mnst MAY ..~ ,2001. g ' you on ..~By _z~<. ~.d~/~.-'~_/---DEPUTY 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 TH/S 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, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (2] 5) 56q-7000 COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 TERM Plaintiff v. NO. KELLY R. FINNEY CUMBERLAND COUNTY 42 DOGWOOD LANE DILLSBURG, PA. 17019 Defendant(s) eMI, ACTION. I,AW NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:450766621 1. Plaintiffis GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA. 17019 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/30/97 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. 1391, Page 1100. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/I/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $84,947.38 Interest 4,580.52 6/1/00 through 2/1/01 (Per Diem $18.62) Attorney's Fees 4,000.00 Cumulative Late Charges 263.71 6/30/97 to 2/1/01 Cost of Suit and Title Search 550 oO Subtotal $94,341.61 Escrow Credit 0.00 Deficit 309. 07 Subtotal $ qoT07 TOTAL $94,643.68 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,643.68, together with interest from 2/1/01 at the rate of $18.62 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. Attorney for Plaintiff Together wi~h a~ .~d .i~. ~. ~i~di~. i~p.ow~.~. To have and to hold ~ -~d ~o~ o~ ~.~. P~SES 0N:4440 S~ R~ DRI~ VERIFICATION SHll~LEY J. EADS hereby states that she is FORECLOSIZRE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FEDERMAN AND PHELAN, L.L.P. By: Daniel G. Schmieg, Esquire Attorney I.D. No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION : CIVIL DIVISION 401 WEST 24TM STILEET : NATIONAL CITY, CA 91950-6696 : CUMBERLAND COUNTY : VS. : COURT OF COMMON PLEAS Plaintiff : KELLY R. FINNEY : NO.: 01-1271 42 DOGWOOD LANE : DILLSBURG, PA 17019 Defendants ORDER AND NOW, this .~'~ day of~, 2002' up°n Consideration of Plaintiff' s Motion to Amend Action for Release of Mortgagor as Party Defendant, Nunc Pro Tunc, it is hereby: ORDERED AND DECREED that Darryl K. Finney is released as a defendant in this action nunc pro tunc. FEDERMAN AND PHELAN, L.L.P. By: Daniel G. Schmieg, Esquire Attorney I.D. No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPOKATION : CIVIL DIVISION 401 WEST 24TM STREET : NATIONAL CITY, CA 91950-6696 : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS Plaintiff : KELLY R. F1NNEY : NO.: 01-1271 42 DOGWOOD LANE : DILLSBURG, PA 17019 Defendants MOTION FOR RELEASE OF PARTY DEFENDANT AND NOW comes Plaintiff, GMAC Mortgage Corp., by and through its attorney, Federman and Phelan, L.L.P. and Daniel G. Schmieg, Esquire, and avers as follows: 1. On June 30, 1997, Darryl K. Finney and Kelly R. Finney made, execute and delivered a Mortgage upon premises located at 42 Dogwood Lane, Dillsbury, Pennsylvania 17019 (hereinafter the mortgage premises) to Plaintiff which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County at Book 1391, Page 1100. 2. Said mortgagors were subsequently divorced and the property conveyed to Defendant, Kelly R. Finney by deed dated July 5, 2000 and recorded July 28, 2000 in Deed Book 225, Page 1122. 3. Thereafter the mortgage became delinquent and, as a result of said default, Plaintiff initiated Mortgage foreclosure proceedings on or about March 6, 2001. Attached hereto, made a part hereof, and marked as Exhibit "A", is a true and correct copy of the Complaint. 4. In accordance with Pa. R.C.P, Rule 1144, Plaintiffnamed Kelly R. Finney as a Defendant in the foreclosure, but failed to release Daryl K. Finney from liability for the mortgage. 5. Plaintiff's oversight in failing to formally release Darryl Finney in strict conformity with Pa.R.C:P. Rule 1144 has clouded title and prevents Plaintiff from conveying said property. 6. Defendant, Kelly R. Firmey, will not be injured by granting the relief requested as Defendant is no longer liable for the underlying debt due to the foreclosure and Mortgagor Darryl K. Finney will not be injured as he is being released from liability. WHEREFORE, Plaintiff respectfully requests this Honorable Court to release Mortgagor Darryl K. Finney. Respectfully submitted, Federman and Phelan, L.L.P. By: ~ EXHIBIT "A''~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF C NE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (?1 ~) ~;63-7000 COURT OF COMMON P~AS CIVIL DIVISION -. GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 TERM CUMBERLAND COUNTY KELLY R. FINNEY 42 DOGWOOD LANE D[LLSBURG, PA. 17019 Defendant(s) ~..~ **THIS FIRI~'I 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 ~arned 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 an,~ 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 We I'l~reby cei'~i~J t~G CARLISLE. PA 17013 ; within to be a true and (?17) 2494 ~66 correct copy of the insl filed of orig ERMAN AhlD p~4~:uAN FED ' -' · FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (~) 5) 56%7000 COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 TERM Plaintiff v. NO. CUMBERLAND COUNTY KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA. 17019 Defendant(s) CIVIl, aCTION - I,AW ~'OMPI,AINT IN MORTGAGE FORI~CI,OgI~'RI~ **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 CORRESPONDENCI;! 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 We hereby certify the CARLISLE, PA 17013 within to be atrue and (717) 249-3166 correct copy of the original filed of record FEDERMAN AND PHELAN Loan #: 450766621 1. Plaintiff is GMAC MORTGAGE CORPORATION 401 WEST 24TH STREET NATIONAL CITY, CA. 91950-6696 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY R. FINNEY 42 DOGWOOD LANE DILLSBURG, PA. 17019 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/30/97 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. 139 I, Page 1 I00. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $84,947.38 Interest 4,580.52 6/1/00 through 2/1/01 (Per Diem $18.62) Attorney's Fees 4,000.00 Cumulative Late Charges 263.71 6/30/97 to 2/1/01 Cost of Suit and Title Search 550 O0 Subtotal $94,341.61 Escrow Credit 0.00 Deficit ~0~ 07 Subtotal 'g 302 07 TOTAL $94,643.68 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,643.68, together with interest from 2/1/01 at the rate of $18.62 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 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff To have and to hold P~ISES 0N:4440 S~ K~ DRI~ VERIFICATION SHIIU-EY J. EADS hereby states that she is FORECLOSURE SPECIALIST of GNL~.C MORTGAGE COREOP~TION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that tlms statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FEDERMAN AND PHELAN, L.L.P. By: Daniel G. Schmieg, Esquire Attorney I.D. No. 62205 SuRe 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION : CIVIL DIVISION 401 WEST 24TM STREET : NATIONAL CITY, CA 91950-6696 : CUMBERLAND COUNTY : VS. : COURT OF COMMON PLEAS Plaintiff : KELLY R. FINNEY : NO.: 01-1271 42 DOGWOOD LANE : DILLSBURG, PA 17019 Defendants CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a tree and correct copy of the foregoing Plaintiff's Motion to Amend Action for Release of Party Defendant, Nunc Pro Tunc was sent by first class mail postage prepaid to the following interested parties. Kelly R. Finney Darryl K. Finney 44 Palmer Drive 506 N. Front Street Camp Hill, PA 17011 Wormleysburg, PA 17043 R e s p e c t ~a'rl~'-g ub ml t fe~ me~~ Dated: [?/¢ ~--~ By: D~ie~Esqu.~/~ FEDERMAN AND PHELAN, L.L.P. By: Daniel G. Schmieg, Esquire Attorney I.D. No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION : CIVIL DIVISION 401 WEST 24TM STREET : NATIONAL CITY, CA 91950-6696 : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS Plaintiff : KELLY R. FINNEY : NO.: 01-1271 42 DOGWOOD LANE : DILLSBURG, PA 17019 Defendants VERIFICATION I, Daniel G. Schmieg, Esquire, state that I am the attomey for Plaintiff's herein, and that as such I am authorized to make this verification on its behalf. The statements made in the foregoing to Amend Action for Release of Party Defendant, Nunc Pro Tunc are true and correct to the best of my knowledge, information and belief. I understand that the statements made in the foregoing are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Respectfully submitted, Federman and Phelan, L.L.P. By: ~