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Home My WebLink About01-1552FEDERMAN 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 JACQUELINE A. BEST~MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintifil 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 #: 008762619 Plaintiffis GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 The name(s) and last known address (es) of the Defendant(s) are: JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On I0/22/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1174, Page 46. By Assignment of Mortgage recorded 4/25/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 643, Page 20. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 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 10/1/00 through 3/1/01 (Per Diem $21.85) Attorney's Fees Cumulative Late Charges 10/22/93 to 3/1/01 Cost of Suit and Title Search Subtotal $106,320.49 3,321.20 4,000.00 0.00 550.00 $114,191.69 Escrow Credit 6.03 Deficit 0.00 Subtotal ($ 6,03) TOTAL $114,185.66 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAiNTIFF demands an in rem Judgment against the Defendant(s) in the sum of $114,185.66, together with interest from 3/1/01 at the rate of $21.85 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. _/s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC Mortgage Corporation P.O. BOX 8507'[ 'San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 6JVIAC Mortgage ACT 91 NOTICE Date: January 19, 2001 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortga ge on your home is in default, and the lender intend s to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency'. The name, address and phone nnmber of Consumer Credit Counseling Agencies serv/ng your County are listed at the end of this Notice. If vou have any ouesti.ons: you .may call the Penn sylvan/a Housing Finance Agency toll free at 1-800-342-2397. (Persons w~th am~a~red hearln~ can call (717) 780-1869). This Notice contains important legal information. If you have any questlon~, representatives at the Consumer Credit Counseling Agency may be able to help explaln it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTF~NIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBI,E PARA UN PRESTAMO POR EI, PROGRAMA I,LAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED1M/R SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: JACQUELINE A. BEST'MCKEE 509 ELLEN RD CAMP HILL, PA 17011 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 008762619 N/A GMAC Mortgage corporation EXHtBITA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBI,E FOR FINANCIAl, ASSISTANCE WIiICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBH,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORF, CLOSURE -- Under the Act, you are entitled to a temporary stay of fo~eclosnre on your mortgage for thirty (30) days from the date of this Notice. Datrlng that time you must arrange and attend ~ "face-to-face" meeting with one of the cons~tmer credit counseling agencies listed at the end of this Notice. TltIS MEETING MUST OCCUR WITHIN TEE NEXT (~0} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUbIER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit coxmseling agencies listed at the end of this notice, the lender may NOT take action against you for thigy (30) days after the date of this meeting. The names, addresses and telephone mimbera of desi~nated consumer credit counselin~ a~encies for the co~mtv in which the vroveny, is incated are set foah at the end of this Notice. It is only necessa~ to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE ~- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information abont the natawe of your default.) If you have tried and are ~mable to resolve this prroblero with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated const~er credit co~mseling agencies listed at the end of this Notice. Only constimer credit co~mseling agencies have applications for the program and they will assist you in sathmitting a complete applicatinn to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTI,Y. IF YOU FAIl, TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available fiands for emergency mortgage assistance are very limited. 'They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sLxty (60) days to make a decision aRer it receives your application. During that time, no foreclosure proceedings will be pursued against you if yon have met the time requirements set foxth above. You will be notified directly by the Pennsylvania }lousing Finance Agency of its decision on yoxtr application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFOIOIATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can ~ apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by thc above lender is on your property located at: 509 Ellen Rd Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU }lAVE NOT MADE MONTHI.Y MORTGAGE PAYMENTS for the following months and the followino amounts are now past due: November 1, 2000 through January 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments 3,09 6.12 Late Charges 0.00 NSF 0.00 Inspections 0.0 0 Other 2 2 4.16 Suspense 0.0 0 TOTAL AMOUNT PAST DUE: 3,320.28 B. YOU HAVE FAII.ED TO TAKE TIlE FOLI.OWING ACTION (Do not nsc if not applicable): HOW TO CURE THE DEFAULT -- Yon may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICtl IS $ 3,320.28 , PLUS AN%' MORTGAGE PAYMENTS AND I.ATE CHARGES WHICH BECOME DUE DURING 'DIE TIIIRTY (30) DAY PERIOD. Payments mnst be made either by ca~. cashiers check. certified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 Yon can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not nsc if not a'oplicable.) NOt Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cmo the default within TItlRTY (30) DAYS oftbe date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt ~vill be considered due immediately and you may lose the chance to pay the mortgage in monthly in,ailments. Iffidl payment of the total amount past dne is not made within THIRTY (30) DAYS, the lender also intends to instrnct its attorneys to start legal action to foreclose upon yonr mort~,aecd property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. lfthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. IIoxvever, if legal proceedings are started against against you, you xvill have to pay all reamnable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the ammmt you owe the lender, xvhich may aim include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be reqnlred to oay at~oruev's fees. EXHIB1'i- A OTHER LENDER REMEDIES -- The lender may also ute you personally for the unpaid principal balance and all other nuns due trader the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you sti/I have the rit,.ht to cm~ the default and vrevant the sale at any time tip to one hour before the Sheriffs Sale. You may do so by paying the total amount tben past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wri6n~ by the lender and by ye .rf. orminR any other requirements tinder the mort~a~.?. Curi~,,g your default in t/~e manner set forth in this notice will re~tore your mortgage to the same position as tf yon had never defaulted. EARLIEST POSSIBLE SHERIFF°S SALE DATE .- It is estimated that the eartiest date that n~ch a Sberiffs Sale oftha mortgaged property could be held wmdd be approximately ~x (6) months from the date of thls Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before rite sale. Of cottrse, the ammmt needed to mae the default will increase the lunger you xvait. You may Fred out at any time exactly what the required payment or action wil[ be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 Mile of Cars Way National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and ymrr right to occupy it. If you continue to live in the property after the Sben'tTs Sale, a lawsuit to remove you and ymtr ~mishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer yot~r home to a buyer or transferee who xvill assume the mortgage debt, provided that allthe outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY M,SO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF 'DIE MORTGAGE DF. BT OR TO BORROW MONEY FROM ANOTIIER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO ]lAVE Tills DEFAULT CURED BY AN%' 'DIIRD PART%' ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAUI.T. (HOWEVER, YOU DO NOT HAVE THIS RIGItT TO CURE. YOUR DEFAULT MORE THAN TItREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECI.OSURE PROCEEDING OR ANt' OTI tF.R I.AWSUIT INSTITUTED UNDER TtlE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIIER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE I.ENDER. TO SEEK PROTECTION UNDER TIlE FEDER2'~I, BANKRUPTCY I.AW. CONSUMER CREDIT COUNSEl.lNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED EXHtSlT A EXHIBIT November 1, 2000 December 1, 2000 January 1, 2001 1,024.16 1,035.98 1,035.98 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. S/00) CLINTONCOUNTY Lyooming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Stxeet P.O. Box I328 Williamsport, PA 17703 (570) 326.0587 FAX (570) 322-2197 CCCS of Norfoe~tem PA 201 Basin Street William~porl, PA 17703 (570) 3234627 FP~X (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Bane, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzemn County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570)455-4994 H~eltown FAX (570) 455-563 l-~(Call Before Faxing) (570) 8364090 Tunkhannock 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) 398.0400 FAX (814) 898-1243 COLUMBIA COU~['Y C/~,WFORD COUNTY CCCS of Western Permsylvania, Inc. 2000 Linglestown Road Hanisburg, PA 17102 (717) 541-1757 CUMBERLAND COL~TY Urban League of Metropolitan Harrisburg N. 6~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Der~ S~t Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 CCCS of Non, eastern PA 1631 South Afoerton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite I Clatl~ Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee I 8 West 9'a Street Erie, PA 16501 (814)459-4581 FAX (814) 4564161 Jhenango Valley Urban League, Mc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franldin 31 West 3'~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G' S~reet Carlisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9589 Adams County Housing Auflaority 139-143 Carlisle St. OeEysburg, PA 17325 (717) 334-1518 F,a~X 3344326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JL~NE 5, 1999 ~LL THAT C~RTAIN tract or ~arcel of land and premises, ~ituate, lying and ~eing in the To~ehip of ~am~den in the County of Cu~berland and Co~a~nwealth BEGINNING at a poiut on th~ eastern line of Ellen Road which point Lot NO, 145 on Plan of Lots known as PaCt of Country Club Park which PKEMISES: 589 ELLEN I{0A~ VERIFICATION SHIRLEY J. EADS hereb? states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil ,Action in Mortgage Foreclosure are true and correct to the best of'her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties or' I8 Pa. C.S. Sec. a. 904 relating to unswom falsification to authorities. SHERIFF'S RETURN - CASE NO: 2001-01552 P COMMONWEALTH OF PENNSYLYANIA: COUNTY OF CUMBERLAND GM_AC MORTGAGE CORPOP~ATION VS BEST-MCKEE JACQUELINE A REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BEST MCKEE JACQUELINE A DEFENDANT , at 0012:41 HOURS, at 509 ELLEN ROAD CAMP HILL, PA 17011 CHARLES SCHMIDT (STEPFATHER) 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 on the 28th day of March by handing to the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 10.00 .00 36.06 Sworn and Subscribed to before me this //~- day of ~zVot honot ary So Answers: R. Thomas Kline 03/29/2001 FEDERMA~ & PHELAN By: ~puty Sheriff 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 500 ENTERPRISE ROAD SUITE 1S0 HORSHAM, PA 19044 Plaintiff VS. JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 Defendant(s) : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-1552 CIVIL : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plainfiffand against JACOUELINE A. BEST-MCKEE, 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 foah in Complaint Interest 3/1/01-5/3/01 $114,185.66 $1~398.40 TOTAL $I 15,584.06 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. F~~F~ERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~.~ PRO PROTHt" **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 A1 IEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. (Rule of Civil Procedure No. 236 -Revised) GMAC MORTGAGE CORPORATION Plaintiff VS. JACQUELINE A. BEST-MCKEE Defendant(s) : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-1552 CIVIL .. _. ; Notice is given that a Judgment in the above captioned matter has been entered against you on MAY 7 ,200~. By ~-~ t~. ~74.~.~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Party One Perm Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE/aN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TH/S IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~EDERM3LN A_ND 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 CORPOP~ATION COURT OF COMMON PLEAS : CIVIL DIVISION vs. : CUMBERIJ~ND COUNTY JAQUELINE A. BEST-MCKEE : NO. 01-1552 CIVIL Defendant (s) TO: JAQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL,PA 17011 DATE OF NOTICE: APRIL 18, 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 A_NY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT ~ 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) 249-3 166 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 1910B-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff VS. JACQUELINE A. BEST-MCKEE Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL D/V/SION : : NO. 01-1552 CIVIL _. : _. 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 JACQUELINE A. BEST-MCKEE is over 18 years of age and resides at 509 ELLEN ROAD, 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY No. 01-1552 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 5/3/01 to 9/5/01 (per diem - $19.00) TOTAL $115,584.06 $2,375.00and Costs $117,959.06 ONE PENN CENTER at SUBLrRBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. P~MISES: 509 ELLEN ROAD TAX PARCEL iq 10-20- 1848-306 TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J. Vanblargan and Nancy A. Vanblargan, his wife, dated I0/2-/%, recorded 10/29/93 in Record Book P-36, page 772. GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01o1552 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 509 ELLEN ROADCAMP HILL, PA 17011 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JACQUELINE A. BEST- 509 ELLEN ROAD MCKEE CAMP HILL, PA 17011 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DR., SUITE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105 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 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 509 ELLEN ROAD CAMP HILL, PA 17011 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 hue 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. May 23, 2001 DATE 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, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (x) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). TO: JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-1552 CIVIL May 23, 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 509 ELLEN ROADCAMP HILL, PA 17011is scheduled to be sold at the Sheriff's 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: 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: (2151 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain 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 ofthe 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 F~ISES: 509 ELL~ ZO~ TA3< PARCEL # l 0-20- I $48-306 TITLE TO SAID PREMISES IS VESTED IN Jacquerie Best-McKee by Deed from Edward I. 9 " Vanblargan and Nancy A. Vanblargan, his wife, dated t0/2~/9~, recorded 10/29/93 in Record Book P-36, page 772. AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) JACQUELINE A. BEST-MCKEE SERVE JACQUELINE A. BEST-MCKEE AT 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No.01-1552 CIVIL Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED - ~c ~efend~t, on the Served and made known to of Pennsylvania, in the manner described below: ~ Defendant personally served. __ Adult fam/ly 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: ~.¢ U Weight/~0/~ Description: Age)~-/O Height~_~ Race ~iJtt Sex ~'~ Other /8 0~ dayof ~)~ ,2002, · Commonwealth I, Cl~-e~c~- L, C~k] , '~. , a competent adult, being duly sworn according to law, depose and state that I personally handed a a'ue and correct copy of the Noti~ nf~Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ! Notarial Soal / Stacy L Heef~ler, Nota~ Public Sworn to and su_bs~:nbed k[ MYC°mml--lon E~q~-'- - `In-coburg 8oro F~kl,n ounly I~', ~ ' 2,~,l~ , Notary:~/~~ By: (,~rv'-- L/ ~-~-~J d~ On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sxvom to and subscribed before me th/s _ 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 SALE DATE: SEPTEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 01-1552 CIVIL VS. JACQUEL1NE A. BEST-MCKEE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUAI~T 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: 509 ELLEN ROAD, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retttrn Receipt stamped by the U.S. Postal Service is attached for each notice. August 28, 2001 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above actiorl, 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 509 ELLEN ROADCAMP HILL, PA 17011 Name and ad&ess of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) JACQUELINE A. BEST- 509 ELLEN ROAD MCKEE CAMP HILL, PA 17011 Name and ad&ess of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DR., SUITE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If a'ddrcss 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 plaintiffhas knowledge who has any/nterest 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 509 ELLEN ROAD CAMP HILL, PA 17011 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 nnswom falsification to authorities. May 23,2001 DATE Attorney for Plaintiff DATE: May 23, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) JACQUELINE A. BEST-MCKEE PROPERTY: 509 ELLEN ROAD CAMP HILL, PA 17011 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in Cumberland Conntv Conrthonse, South Hanover Street, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH GMAC Mortgage Corporation VS Jacqueline A. Best-McKee In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001~ 1552 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 9.10 Levy 15.00 Advertising 15.00 Certified Mail 1.13 Potmdage 17.13 Postpone Sale Law Journal Patriot News 386.30 ~37.65 $873.47 paid by a~omey 09-20-01 This 1~ day of (~e~-ef~ R. Thomas Kline, Sheriff Prothonotary Real Estate Deputy .. GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL 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 509 ELLEN ROADCAMP HILL, PA 17011 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JACQUELINE A. BEST- 509 ELLEN ROAD MCKEE CAMP HILL, PA 17011 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DR., SUITE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105 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 pwperty 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 plainfiffhas 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 509 ELLEN ROAD CAMP HILL, PA 17011 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. May 23, 2001 DATE FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST~MCKEE Defendant(s). TO: JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND cOUNTY No. 01-1552 CML May 23, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMi°TING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR. U~PTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AB,rD 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 509 ELLEN ROADCAMP HILL, PA 17011is scheduled to be so! 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, thf 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 Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late cha~ costs and reasonable attorney's fees due. To find out how much you must pay, yot call: (215'~ 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or judgment, if the judgment was improperly entered. You may also ask the Court 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 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 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 LAVv'YER 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 P~ISES: 509 ELL~ ~0~ TAX PARCEL #10-20-1848-306 TITLE TO SAID pRE~IISE5 IS VESTED IN jacqueline Best-McKee by Deed from Edward J. Vanblargan and Nancy A. Vanbla~gan, his ,~fe, 0.~.ced 10/22/93, recorded 10/29/93 in Record Book P-36, page 7?2. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due (~AC Mortgage Corporat±on f[om J~acqueline A. Best-McKee, 509 Ellen Road, Camp Hill, PA 17011 01-1552 CIVIL 1~X TEEN CIVIL ACTION - LAW PLAINTIFF(S) (1) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Legal Description (2) You are also directed to attach the proper~y 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/aro enjoined from paying ah, y.: debt to or for the account 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 t hah a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $115,584.06 frcm 5/3/01 t6 9/b/Ul - Interest(Der diem - $19.00)- $2375. and Costs Atty's Comm % Atty Paid $108.06 Plaint~f Paid L.L, $.50 Due Prothy $1.00 Other Costs Date: June 8, 2001 REQUESTING PARTY: Name Frank Fede~nan, Esq. Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for~ Plaintiff Telephone: 215-563-7000 Supreme Coud ID No. 12248 Curtis R. Long Prothonotary, Civil Division REA[ ESTAT~ ~-'~ ~ ",~o this writ ano ~,~ 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. ~ ESTAT~ 8ALE NO. 23 Writ No. 2001-1552 Civil GMAC Mortgage Corporation VS. Jacqueline A. Best-McKee Atty.: Frank Federman ALL THAT CERTAIN tract or par eel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumber land and Commonwealth of Penn- ~srlvanla, more particularly described as follows: BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between l~ts Nos. 144 and 145 on plan of SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 LOI~ E. SNYDER, No~r~' PuUIo Cariisb Boro, Cumberla~l ~ 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 end 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 ell of the allegations of this statement as to the time, place and character of publication ara 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 Daup~hin in~4iscellaneous Book Volume 14, Page 317. / My commission expires June 6, 2~2 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURq'HOUSE CARLISLE, PA. 17013 Statement of Advertising Costs ~f To THE PATRIOT-NEWS CO., Dr. of For publishing the notice or publication attached I~ansylvnni~, ~ ~y d~sct~ as ~: hereto on the above stated dates $ 336.15 · '"'~'~""~J.~ ~ n~.,~ _ Probating same Notary Fee(s) $ 1.50 Total $ 337.65 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). No. 01-1552 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/4/02 to 12/4/02 (per diem -$19.00) TOTAL $115,584.06 $ 11,020.00 and Costs $126,604.06 [_Fi~.NK FEI~ERMAN, ESQUIRE One Penn Cefiter 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 tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvaxfia, more particularly described as follows: BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between Lots Nos. 144 and 14.5 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four minutes Eazt (S 86° 04" E) and along the dividing line between Lots Nos. 144 and I45 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear lot line of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes East (N 03a 56' E) and along part of the rear lot lines of Lots Nos. 135 and 13~- on Plan of Lots hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four minutes West (N 860 04' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line of Ellen Road; thence South three degrees fifty-six minutes West (S 030 56' W) and along the eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of BEGINNING. BEING Lot No. 145 on Plan of Las known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42. HAVING THEREON erected a two story brick and frame dwelling known as and numbered 509 Ellen Road, Camp Hill, Pennsylvania. BEING COUNTY TAX PARCEL NUMBER: I0-20-1848-306 TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J. Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book P-36, page 772. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaimiffin 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. RANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL 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 ,509 ELLEN ROAD~ CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgmem: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105 5. Name and address of every other person who has any record lien on the property: NalTle 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. Sallie 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: Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 509 ELLEN ROAD CAMP HILL, PA 17011 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 tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 11, 2002 ~, ,\ A/~,rL/~ DATE FRANK F_EI3~_E, .RM~. __ , ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). TO: JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-1552 CIVIL July 11, 2002 **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, 509 ELLEN ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 4, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $115,584.06 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SheriWs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to 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 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 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 tract or parcel of land and premises, situate, lying and being in the Townslzip of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern'line of Ellen Road which point is at the dividing line between Lots Nos. t44 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four minutes East (S 86o 04" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear Itt line of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes East (N 03o 56' E) and along part of the rear lot lines of Lots Nos. 135 and 13,* on Plan of Lots hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 145 and 1,.6 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four minutes West (N 86° 04' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line of Ellen Road; thence South three degrees fifty-six minutes West (S 03o 56' W) and along the eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of BEGINNING. BEING Lot No. 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42. HAVING THEREON erected a two StO~ brick and frame dwelling known as and numbered 509 Ellen Road, Camp Hill, Pennsylvania. BEING COUNTY TAX PARCEL NUMBER: 10-20-1848-306 TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J. Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book P-36, page 772. IN RE: UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Jacqueline A. Best-Muroski a/k/a Jaequeline A. Best-McKee a/k/a Jacqueline Muroski Debtor GMAC Mortgage Corporation Movant Vo Jacqueline A. Best-Muroski a/k/a Jacqueline A. Best-McKee a/k/a Jacqueline Muroski Respondant Chapter No. 13 .. Bankruptcy No. 01-04787 RJW ORDER AN NOW, sdayof HARRISBURG FILED .^ JUN 2 8 _'?'A' Clerk, U.S. Bar~y Court ,2002, upon consideration of the Motion for Relief and Motion for Default ofMovant, GMAC Mortgage Corporation, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 509 Ellen Road, Camp Hill, PA 1701 I, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1174, Page 46, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its fight to possession of said premises. By the Court: ~.annn ~ Woo,aM, CC: Robert J. Woodside, Bankruptcy Judge Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kermedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1552 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From JACQUELINE A. BEST-MCKEE, 509 ELLEN ROAD, CAMP HILL, PA 17011 (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 enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $115,584.06 L.L. Interest FROM 5/4/02 TO 12/4/02 (PER DIEM - $19.00) - $11,020.00 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $994.03 Other Costs Plaintiff Paid Date: JULY 15, 2002 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 PLAIN~'IFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION JACQUELINE A. BEST-MCKEE SERVE JACQUELINE A. BEST-MCKEE AT 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY KMD NO. 01-1552 CIVIL ACCT.#008762619 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 4, 2002 Served and made known to at i/_~; O~,,o'clock 4.n~,at ~-~7 of Pennsylvania, in the manner described below: ~ Defendant personally served. SERVED ,. d~.! C~.~f /~' f(, .Commonwealth __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 bnsiness. an officer of said Defendant(s)'s company. Other: t a .~ /~-'~ ' Description: Age I,! do31'telN c ~. /~ · ('~'~,'t ~r[, '~ a competent adult, being duly sworn according 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. Sworn to and subscrib~.d before m, this of ,200 N°tap~~LE:A~.~&rY~( ~k~°~BY /~r~- ~ ~/ /~ ] TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown No At~swer Vacant Attempt: / / Time: : 2"a Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me tiffs __ day of. ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQU/RE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,509 ELLEN ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105 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. Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF HAMPDEN 2305 SPORTING HILL ROAD HAMPDEN, PA 17055 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 509 ELLEN ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 28, 2002 DATE ~R. FED D~.I~M.. AN, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GMAC MORTGAGE CORPORATION ) ) CIVIL ACTION VS. JACQUELINE A. BEST-MCKEE CIVIL DIVISION NO. 01-1552 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3'129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 7/12/02 & 8~28~02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 7/12/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: September 3, 2002 FEDERMAN, ESQUIRE Attorney for Plaintiff o~ ~ $ 0'~- o2 ~^ $ 00.900 0004300377 AUG28 2002 MAILED FROM ZlPCODE 19103 7160 3901 9844 8594 7993 TO: JACQUELINE A. BEST--MCKF, E 509 ELLEN ROAD CAMP HILL, PA 17011 SENDER: kmd-sales REFERENCE: ~008762619 PS Form 3800, June 2000 RETURN Postage 34 RECEIPT Certified Fee 2.10 SERVICE Return Receipt Fee 1 Restricted Delivery 0.00 Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance C~era~ Pro~ed Do Not Use ~r Internation~ M~I .................................................................................................. FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 G%XAC MORTC4kGE CORPORATION JACQUELINE A. BEST-MCKEE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-1552 CIVIL PLAINTIFF'S PETITION FOR REASSESSM~NT 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 MAY 4, 2001 in the amount of $115,584.06. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (#01-04787RJW) filed on SEPTEMBER 4, 2001. Plaintiff obtained relief from the automatic stay by the Order of Court dated JUNE 28, 2002. 3. The mortgaged premises are listed for Sheriff's Sale on DECEMBER 4, 2002. 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 2/1/01 through 12/4/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 105,731.44 14,647.89 0.00 4,000.00 1,102.00 873.47 17.00 0.00 0.00 3,175.15 TOTAL $129,546.95 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 the d~ages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Danlel 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 JACQUELINE A. BEST-MCKEE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL ERIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and agreed to pay Plaintiff principal, Mortgage interest, mortgage late charges, real estate taxes, hazard insurance premiums and 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 REASSISSMERT 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 is satisfied. 20 P.L.E., Judgments Sec. 191. See also, SteDhenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqage, 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 r~m, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Reality ComDany v. Burns, 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 FNM3% 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 Heassess 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 forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, LLP. DANIEL 6. SCHMIE~, ESQUIRE ATTORNEY FOR pLAINTIFF F_~DERAL NATION~X-L MORTGAGE ASSOCIATION JOSEPH JEFFF, RSON and. ROSIE JEFFERSON, his wife COUR? OF COMMON PLEAS PHILADELPHIA CO.U ~TY CIVIL TRIAL DIVISION NO. 2359 ORDER AND OPINION WHITE, J. A/~D NOW, this "~ day O~ ~ ~ , ]~6, : ~ ~ ~ Federal National rtor=gaqe uDon consideTation of .la_nt-f., A~socia~ion's Petition for ReconsideraEion Mune Pro Tune cf this Court's Order of November 7, 1985 an~ =he Answer of Defehdants, Joseph Jefferson and Rosie Jefferson, it is hereby ORDERED and DECREED as !) Said P~-on is GRANTED; 2) ~..~,T~¢~/r~s Order of Nove~er 7, 198~ i~ REVERS'ED and ~lalntlff~'~ Mo=lo~for R'ea~sessment. of Dmma~es 3) JW~nt is hara}ly Increas~u.d to $6,147..71. Because Pl~intiff was r~q~·ired to ac::~p= curr¢:nt mortgage payments upo~ the f.iling of,Defendants' bankruptcy petitloh and in fact did so, i~ i-~ necessary to reass¢-'s~ ~-he amount of ~amag~$ that initially were assessed after judg~nt by default was entered in ~his action.. Because Defendants have not refuted ~he specific amounts claimed - 1 - by Plaintiff in =he ins~an% Motion for Reassessmont, =hi.~ Court fin~ that De-~cn~an=s have admt==ed these amounts,, pursuant to Pa. R.C.P. ~.029{c). ~Y THE COURT: VERIFICATION 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 and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: September 9, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. 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. JACQUELINE A. BEST-MCKEE ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-1552 CIVIL 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 September 9, 2002. JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 DATE: September 9, 2002 Daniel G. Schmie9, Esquire Attorney for Plaintiff FEDERMANAND P~ELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTaAGE CORPORATION vs. CUMBERLAND COUI~TY COURT OF COMMON PLEAS CIVIL DIVISION JACQUELINE A. BEST-MCKEE : NO. 01-1552 CIVIL AND NOW, this ~ entered upon JACQUELINE attached Order for Reassessment of Damages should not be entered. RULE day of ~~ A. BEST-MCKEE, Defendant(s) ]~O------, a Rule is to show cause why the RULE RETURNABLE the ~Iz of w FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION vs. CUMBERLAND COUNT~ COURT OF COMMON PLEAS CIVIL DIVISION JACQUELINE A. BEST-MCKEE : NO. 01-1552 CIVIL PRAECIPE FOR R~LE TO SHOW CAI;SE TO THE PROTHONOTARY: Kindly enter a Rule upon JACQUELINE A. BEST-MCKEE, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. 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 JACQUELINE A. BEST-MCKEE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmie9, Esquire, hereby certify that a copy of the Rule Returnable Date of October 10, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on SeDter~Der 20, 2002. JACQUELIN~ A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 Date: September 20, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by= Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 G~IAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of October 10, 2002. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. lly submitted: Daniel O. Schmieg, Esquire Attorney for Petitioner not be entered. Exhibit A. 3. The JACQUELINE A. BEST-MCKEE : NO. 01-1552 CIVIL MOTION TO HAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on SeDtember 20, 2002 and Rule was entered upon Defendant(s) JACQUELINE A. BEST- MCKEE on SeDtember 20, 2002 to show cause why the Order for Reassessment should A true and correct copy of the Rule is attached here to as SEP 1 3 2o02 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Sui=e 1400 Philadelphia, PA 19102-1799 (215) 563-7000 GM~C MORTC. AGE CORPORATION vs o JACQUELINE A. BEST-MCXEE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CML RULE ~ NOW, this Ib da, entered upon JACQUELINE A. BEST-MC~E, Defendant (s) =o show cause a~=ached Order for Reassessment of Da~ges should not be , ~0~ , a Rule is why the BY T~E COURT: TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of saild Court at Carlisle, Pa. E.X_~IIB IT B FEDERMANAND PHELAN, LLP. 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. JACQUELINE A. BEST-MCKEE ATTOPaNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of October 10, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on September 20, 2002. JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAM1~ HILL, PA 17011 Date: Septer~Der 20, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff VERIFICATION 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 Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: October 11, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmleg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 G%fAC MORTGAGE CORPORATION JACQUELINE A. BEST-MCKEE ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-1552 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Motion to Make Rule Returnable has been sent to the individuals indicated below on October 11, 2002. JACQUELINE A. BRST-MCKRE 509 ELLEN ROAD CAMP HILL, PA 17011 Date: October 11, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PH~LAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 G"MAC MORTGAGE CORPORATION JACQUELINE A. BEST-MCKEE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL ORDER AI4D NOW, this ~ day of ~ ,2002, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this ease as follows: Principal Balance Interest Amount 2/1/01 through 12/4/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 105,731.44 14,647.89 0.00 4,000.00 1,102.00 873.47 17.00 0.00 0.00 3,175.15 $129,546.95 Plus interest per diem from 12/4/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF/~FF'S SALE COSTS AND COMMISSION ARE NOT INCLUDE~'IN THE ABOVE FIGURES. BY T~~ J. GMAC Mortgage Corporation VS Jacqueline A. Best-McKee In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1552 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Law Library Prothonotary 1.00 Mileage 19.32 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 15.14 Law Journal 344.45 Patriot News 270.55 Certified Mail 1.53 $ 772.19 paid by attomey 12/11/02 This~q ~day of R. Thomas Kline, Sheriff 2002, A.D. Prothonotary Real Estate Deputy GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552 CIVIL 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 ,509 ELLEN ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgrnent 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: marne Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105 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: NalIle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 509 ELLEN ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. torney for Plaintiff · GMAC MORTGAGE CORPORATION Plaintiff, ¥. JACQUELINE A. BEST-MCKEE Defendant(s). TO: JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-1552 CIVIL July 11, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH,4RGE 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 ,4 LIEN AGAINST PROPERTY ** Your house (real estate) at, 509 ELLEN ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on DECEMBER 4, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $115,584.06 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to 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 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 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 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 aRer 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 or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvama, more particularly described as follows: BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between Lots Nos. 144 and 14-5 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four minutes East (S 860 04" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet m a point on the rear lot line of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes East (N 030 56' E) and along part of the rear lot lines of Lots Nos. 135 and 134- on Plan of Lots hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 145 and 14.6 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four minutes West (N 860 04' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line of Ellen Road; thence South three degrees fifty-six minutes West (S 030 56' W) and along the eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of BEGINNING. BEING Lot No. 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42. HAVING THEREON erected a two story brick and frame dwelling known as and numbered 509 Ellen Road, Camp Hill, Penmylvania. BEING COUNTY TAX PARCEL NUMBER: 10-20-1848-306 TITLE TO SAID PREMISES IS VESTED IN Sacqueline Best-McKee by Deed from Edward J. Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book P-36, page 772. WRIT OF EXECUTION an.d/or ATTACHMENT COMMONWEALTH OFPENNSYLVANIA) NO 01-1552 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From JACQUELINE A. BEST-MCKEE, 509 ELLEN ROAD, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $115,584.06 L.L. Interest FROM 5/4/02 TO 12/4/02 (PER DIEM - $19.00) - $11,020.00 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $994.03 Other Costs Plaintiff Paid Date: JULY 15, 2002 (SeaD CURTIS R. LONG Prothono~ REQUESTING PARTY: Name FRANK FEDERlVlAN, ESQUIRE Address: ONE PENN CENTER AT SUBUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy Real Estate Sale # 07 On August 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 509 Ellen Road, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 9, 2002 Real Estafe Deputy TIlE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin] ss /ler being duly sworn according to law, deposes and says: Frank ' ,s the Controller of The Patriot News Co., a corporation organized and existing under the laws of the ~m,~ of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the mburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The CorPPatdot-New~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the C~County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, ~54, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto ia exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s] of October and the 5th day(s] of November 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 thi,' statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed am adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION SALE #7 ' I NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 utes Ea Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ Publisher's Receipt for Advertising Cost :o., publisher of The Patriot-News and The Sunday Patriot-News, newspt ;Ige receipt of the aforesaid notice and publication costs and certifies tht PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MUROSK/A/K/A JACQUELINE A. BEST-MCKEE Defendant(s). No. 01-1552-CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/4/01 to 9/3/03 (per diem -$19.00) TOTAL $115,584.06 $ 16,207.00 and Costs $131,791.06 FRANK FEDERMAN, ESQUIRE 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 tract or pa~zel of land and premises, situate, lying and being in the Township of Hampden in the County of Cutnberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line between Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four minutes East (S 860 04" E) and along the dividing line between Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear lot line of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes East (N 030 56' E) and along part of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots hereLuafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four minutes West (N 86~ 0~' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line of Ellen Road; thence South three degrees fifty-six minutes West (S 03o 56' W) and along the eastern line of Ellen Road a distance of ninety (90) feet to a point, the point and place of BEGINNING. BEING Lot No. 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 42. HAVING THEREON erected a two story brick and frame dwelling known as and numbered 509 Ellen Road, Camp Hill, Permsylvanl,. BEING COUNTY TAX PARCEL NUMBER: I0-20-1848-306 TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward J. Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book P-36, page 772. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1552 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From JACQUELINE A. BEST-MUROSKI A/K/A JACQUEL1NE A. BEST-MCKEE, 509 ELLEN ROAD, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or other,vise 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/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $115,584.06 L.L. Interest FROM 5/4/01 TO 9/3/03 (PER DIEM - $19.00) - $16,207.00 AND COSTS Atty's Corem % Due Prothy $I.00 Arty Paid $1790.22 Other Costs PlamtiffPaid Date: MAY 8, 2003 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy IN TIlE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Jacqueline A. Best-Muroski a/k/a Jacqueline A. Best-McKee Debtor Movant Respondent GMAC Mortgage Corporation Jacquellne A. Best-Muroski a/k/a Jacqueline A. Best-McKee Bk. No. 1 02-06485 JJT : Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY AND NOW, this ~ Trdday of .~'"(~ ~_...~2003, upon Motion of GMAC Mortgage Corporation, (Movant), it is: ORDERED that the Automatic Stay of alt proceedings, as provided under {}362 of the Bankruptcy Code 11 U.S.C. {}362 is modified with respect to premises 509 Ellen Road, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises and ORDERED that Rule 4001(a)(3) is not applicable and GMAC Mortgage Corporation may immediately enforce and implement this Order granting relief from the automatic stay. ~ /s/John J. Thomas U.S. Bankruptcy Judge CC: Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-t814 Charles J. DeHart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Matthew J. Eshelman, Esquire 2108 Market Street Camp Hill, PA 17011 Jacqueline A. Best-Muroski 509 Ellen Road Camp Hill, PA 17011 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MUROSKI A/K/A JACQUELINE A. BEST-MCKEE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-1552-CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MLIROSKI A/K/A JACQUELINE A. BEST,MCKEE ~efendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-1552-CV 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 ,509 ELLEN ROAD, CAMP HILL, 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACQUELINE A. BEST-MUROSKI A/K/A 509 ELLEN ROAD JACQUELINE A. BEST-MCKEE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgrnent creditor whose judgment is a record lier property to be sold: Name Last Known Address (if address catmo~ reasonably ascertained, please indicate None ,~ CO. _~.:°lL~fl°~ cu~~ coL~ GMAC MORTGAGE CORPORATION Plaimiff, JACQUELINE A. BEST-MUROSKI A/FdA JACQUELINE A. BEST-MCKEE Defendant(s). TO: JACQUELINE A. BEST-MUROSKI A/K/A JACQUELINE A. BEST-MCKEE 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-1552-CV May6,2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE~ IF YOU HA VE PRE VIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIPu~IED , THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 509 ELLEN ROAD, CAMP HILL~ PA 17011, is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $115,584.06 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 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 Shedffgives 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 tract or pm-cci of land and prcn-oises, situate, lying ami being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvazfia, more particulm'ly described as follows: BEGINNING at a point on the eastern line of Ellen Road which point is at the divkiing line between Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned; thence South eighty-six degrees four minutes East (S 86° 0~,'' E) and along the dividing line between Lots Nos. 144 and 145 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the rear lot line of Lot No. 135 on Plan of Lots hereinafter mentioned; thence North three degrees fifty-six minutes East (N 030 56' E) and along pan of the rear lot lines of Lots Nos. 135 and 134 on Plan of Lots hereinafter mentioned, a distance of ninety (90) feet to a point at the dividing line between Lots Nos. 14~ and la6 on Plan of Lots hereinafter mentioned; thence North eighty-six degrees four minutes West (N 860 0a' W) and along the dividing line between Lots Nos. 145 and 146 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the eastern line of Ellen Road; thence South three degrees fifty-six minutes West (S 030 56' W) and along the eastern line of Ellen Road a clismuce of ninety (90) feet to a point, the point and place of BEGINNING. BEING Lot No. 145 on Plan of Lots known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 21, Page 4.2. HAVING THEREON erected a two story brick and frame dwelling known as and numbered 509 Ellen Road, Camp Hill, Pennsylvania. BEING COUNTY TAX PARCEL NUMBER: 10-20-1548-306 TITLE TO SAID PREMISES IS VESTED IN Jacqueline Best-McKee by Deed from Edward 1. Vanblargan and Nancy A. Vanblargan, his wife, dated 10/22/93, recorded 10/29/93 in Record Book P-36, page 772. FEDERMAN AND PHELAN By: FRANK FEDERMAN 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 Plaintiff vs. JACQUELINE A.BEST-MCKEE Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1552-CV SUGGESTION OF RECORD CHANGE RE: DEFENDANT'S NAME FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the Defendant's name was erroneously listed in the Complaint as JACQUELINE A.BEST-MCKEE. The correct name of the Defendant is JACOUELINE A. BEST-MUROSKI A/K/A JACOUELINE A. BEST-MCKEE. Please change the docket to read accordingly. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: MAY 6, 2003 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) JACQUELINE A. BEST-MUROSKI A/K/A JACQUELINE A. BEST-MCKEE SERVE JACQUELINE A. BEST-MUROSKI A/K/A JACQUELINE A. BEST-MCKEE AT 509 ELLEN ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-1552-CV ACCT. #008762619 Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/03 SERVED Served and made known to~f'b-~,A~/~ ~9. /'~__~-~'--~ at_.[~LL~o'clockJg.m.,at .~ FO~/~./ ~Q(~, , Defendant, on the day of )~q~]O7 , 20~, , Coramonwealth of Pennsylvaula, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in cha~ge 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,~'-t Height_~,9'' Weight.~.~ Race ~. Sex ~2 Other k"~"?/~/0. AJ}¢c/e.5~-~;~, a competent adult, being duly sworn according to law, depose and state that I personally handed a hue and correct copy of the Notice of Sheriff'~ Sale in tho man-,',~aq set forth herein, issued in the captioned case on the date and at the address indicated above. ~ Seal | Lil~da J. Jtgnper, Nola~/PaIY~ Sworn to and subscribed before me this/?n day of,,_ ~///~,e'c/ ,:o0~. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day et ,200__, at __ o'clock __.n~, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt:_. / / Time: : Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION CIVIL ACTION VS. JACQUEL1NE A. BEST-MCKEE CIVIL D1VISION NO. 01q552 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on Mav 8, 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 1, 2003 FRANK FEDERMAN, ESQU1RE Attomey for Plaintiff ~ ~^ $ 01.20~ GMAC Mortgage Corporation VS Jacqueline A. Best-Muroski a/k/a Jacqueline A. Best-McKee In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1552 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Library Postpone Sale Prothonotary Law Journal Patriot News Share of Bills 30.00 16.03 15.00 15.00 20.70 15.00 20.00 20.00 1.00 335.15 300.55 28.90 $ 817.33 paid by attorney 10/13/03 Sworn and subscribed to before me So Answers: This /~/~dayof (~cF_t,/L~, ~'~ he~fiff' f'~ R. Thomas Kline, 2003, A.D. Prothonot~ Real Es~e Deputy GMAC MORTGAGE CORPORATION Plaintiff, JACQUELINE A. BEST-MUROSKI AIK/A JACQUELINE A. BEST-MCKEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01-1552-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaimiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Pmecipe for the Writ of Execution was filed the following information concerning the real property located at ,509 ELLEN ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACQUELINE A. BEST-MUROSKI A/FdA 509 ELLEN ROAD JACQUELINE A. BEST-MCKEE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None Real Estate Sale # 23 On May 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 509 Ellen Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2003 Real Est/tie Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, Approval May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, 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 Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 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 22nd and 29th day(s) of July and the 5th day(s) of August 2003. 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 Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ....... ~ ~.~.~ ~-~-. ........................ Iv~Commissk~Ex~resJune6,2006 ~ NOTARY PUBLIC My commission expires June 6, 2006 Commortweilt~' Of 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 hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have 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. Lisa Marie Coyne, 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 18, 25, 2003 AUGUST 1, 2003 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 F~TATR ~ NO. 23 Writ No. 2001-1552 Civil GMAC Mortgage Corporation VS. Jacqueline A. Best MuroskL a/k/a Jacqueline A. Best-McKee Atty.: Frank Federman ALL THAT CERTAIN tract or par cel of land and premises, situate. lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the eastern line of Ellen Road which point is at the dividing line bet~reen Lots Nos. 144 axld 145 on Plan of Lots hereinafter mentioned: thence South eighty six degrees four rain utes East (S 86° 04" E] auld along the dividing line between Lots Nos. 144 and 145 on Plan of Lots here lnafter mentioned, a distance of one huridred five [1051 feet.to a DOlllt SWORN TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003 PHILADELPHIA, PA 19103 (71 ~) 563-7d00 FEDERMAN AND PHELAN By: DANIEL SCHMIEG IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR. PLAINTIFF Plaintiff GMAC MORTGAGE VS. JACQUELINE A. BEST-MCKEE Defendant(s) : CounlL7 : Court of Common Pleas : CIVIL DIVISION : NO. 0'1-1552-CIVIL pRAECIPF TO SATIRFY JUD~MENI' WITHOUT PRFJUOICE TO THE PROTHONOTARY: Kindly satisfy the Judgment which was entered on 5/4/01 against JACQUELINE A. BEST-MCKEE, Defendant(s), in the amount of $115,584.06 relative to the instant matter and mark this case satisfied, without prejudice, upon payment of your costs only. D4NI~YS~HIVIICG_,- ES~QUIREt Air. ney for Plaintiff Dated: July 29, 2004