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HomeMy WebLinkAbout01-4842FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA 401 MILE OF CARS WAY NATIONAL CITY, CA 91950 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY RICHARD L. THUMMA KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:450184908 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1492 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION OF PA 401 MILE OF CARS WAY NATIONAL CITY, CA 91950 The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. THUMMA KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/28/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1276, Page 75. 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 4/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 3/1/01 through 8/1/01 (Per Diem $11.59) Attorney's Fees Cumulative Late Charges 7/28/95 to 8/1/01 Cost of Suit and Title Search Subtotal $57,367.99 1,784.86 2,868.00 48.92 550.00 $62,619.77 Escrow Credit 0.00 Deficit 127.07 Subtotal $127.07 TOTAL $62,746.84 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at 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 $62,746.84, together with interest from 8/1/01 at the rate of$11.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff G~CM - CORP DEFAULT ~002/006 05/13/01 16:34 FAX 215 682 1940 First Mu~.ago Loan Servicing 3451 Hammond Ave P.O. Box 780 Wnt~rloo~ IA 50704-0780 GMRC Mortgage ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 12, 2001 This is an offielnl notice t u, otice th,at tile mortea~e on Your home is bt ,det..~ ~nd the lender ;.,.~4~ m f'G~,;;.,... mfoi-~ Gon about the ~a-~ of the default. ~,~.v,dad in the ~*~hed uae~. The HOMEOWNER'S MORTGAGE Ag~[$TANCE PROGRAM ~) my be able to held to save Vo~ home. ~ No,ce eT.l~h.; how th~ oro2ram ~u meet wi~ the Thc addFess nnd ho number Consn .... f, nc aflflressand ho number Cease erCred~CounseUn · *es_~urCount3L~_q llste a~o._ns' u_ ~ca~c enn ' onsinfFinnace A erie toll free at 1-800-342- 97. erso s 69 This Notice contains import3nt l~l bt forma~on, If you have amy questions, ~p~s~fives at ~e Co~r Credit Counse~g Agen~ ~y be able ~ ~ ~ iL You my aho mt ~ co~ an affo~ ' · a~ The IocE bar assoeh~n ~y ho abk ~ help ~u hd a h~er, ~ m yo~ LA NO'II~'ICACION EN AD JUNTO I~S DE SUMA I~PORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR $~%rlXNDO EN SU CASA. $INO COMPRENDE EL CON~x'~IDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMM~D/ATAMENi'E !.t.4~aANDO ESTA AGENCIA (PENNSYLVANIA HOU$]I~G FINANCE AGENCY) SIN CARGOS AL ~RO MENCXONADO AI~IBA. PUEDES SER ELEGI~LE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCy MORTGAGE ASSISTANCE PROGRAM" EL CUAL ~UEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIYOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: EII~ERLy A. CLARK 17A W ~LENWOOD DR CA~p HILL, PA 17011-Z139 LOAN ACCT. NO.: ORIGINAL L~DER: CERRENT LENDER/SERVICER: 450184908 EXHIBIT ~:irst Mortgage Loan Servicing PO Box 85071 tg a . ,egoo GMAC Mor age 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 Date: June 12, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE _Th_is is an official not~ce that the mortgage on your home is in default, and thc lender !ntends to foreclose. _Sp_e~ific information about the nature of the default is provided in the attached pages. The IlOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITtl A CONSUMER CREDIT COUNSEI,ING AGENCY _WITIIlN 30 DAYS OF TIlE DATE OF Tills NOTICE. Take this Notice with you when you meet with the ~Counsellng Aggpgy. T~hc came. address and phone aumbcr of Coesumcr Cecdli Counscll,g Agc,clcs scevi,g ~¢our Cou,l.~ arc listed at the end ofthls Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice coetalus important legal information. If you havc any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attoruey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEN1DO 1)E ESTA NOI1FICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA IIOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARR1BA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA I~LAMADO "IlOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAI, PUEDE SAEVAR SU CASA DE LA PERDIDA DEL DERECIlO A REDIM1R SU DIPOTECA IIOMEOWNER'S NAME(S). PROPERTY ADDRESS: RICHARD L. THUMb~A 17A W GLENWOOD DR CAMP HILL, PA 17011-1139 LOAN ACCT. NO.: ORIGINAl, I,I~;NI)ER: CURRENT I,ENDER/SER; ICER: 450184908 N/A GMAC Mortgage Corporation EXHIBIZ IIOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRO(;RAM ~YOU MAY BE ELI(;IBLE FOR FINANCIAl, ASSISTANCE WlilCII CAN SAVE YOUR IIO.ME FROM F~ORECLOSURE AND llEI ~P YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITII TIlE PROVISIONS OF TIlE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACI' OF 1953 (THE "ACT"), YOU MAY BE El J(;IBLE ]"OR EMER(;ENCY MORTGAGE ASSISTANCE: IF YOUR I)EEAUI,T IIAS BEEN CAUSEI) BY CIRCUMST,&NCES YOUR CONTROl,, IE YOU IlAVE A REASONABLE PROSPECT OE BE1N(; AIILE TO PAY YOUR MORTGA(;'E PAYMENTS, AND IF YOU MEEI' OTIIER EI,IGIBII,ITY REQUIREMENTS ESTABI JSH El) BY THE PENNSYLVANIA IIOUSING FINANCE AGENCY. _TEMPORARY STAY O1" EORECLOSURE -- Under the Act, yon are entitled to a temporary stay of tbreclosnre on your m¢mgage fnr thi;ly (30) days from Ibc date of this Notice. During that time you nmst arrange and attend a "face-to-bce" meeting with one of the consumer c~dit connseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF 50U DO NOT AP! 1.5 FOR EMERGENC5 M~Rq GAGE ASSISTANCE, 50U MUST BRING YOUR MORTGAGE UP TO DATE. TI IE PART OF ]'IllS NOTICE CAI J,ED llO~ TO CURE YOUR MORTGAGE DEFAUI,T, EX} I,AINS IIOW TO BRING YOUR g~gRq GAGE UP TO DAT},. C~ONSUMER CREDIT COUNSEl JNG AGENCIES -- If yon meet with one of the consumer credit cmmseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,_addresses and telephone mtmbers of designated consu_mer _credit counseling agencies for t_h~ county in which the property is located are set forth at the end of this Notice. It is only neces~w to schednle one face-to-face meeting. Advise your lender immediately ofyonr intentions. _AI'PI,ICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is m defanlt for the reasons set forth later in this Notice (see tbllowing pages for specific reformation about the nature ofyonr dethult.) If you have tried and are unable to resolve this problem xvith the lender, yon have the right to apply for financial assistance from the l lomeowoer's lhncrgency Mortgage Assistance Program. To do so, you nmst fill out, sign and file a completed }lomeowner's Emergency Assistance Program Application with one of the designated consnmer credit counseling agencies listed at the end of this Notice. Only consnmer credit cmmseling agencies have applications for the program and they will assist you in snbmitting a complete application to the Pennsylvania Ilousing Finance Agency. Your application MUST be filed or postmarked xvithm thirty (30) days of yon face-to-face meeting. YOU MUSI' FII~E YOUR APPLICATION PROMPTI~Y. IF YOU FAlL TO DO SO OR IE YOU DO NOT FOLLOW TIlE OTIIER TIME PERIODS SET EORTH IN THIS 1J';TTER, FORECLOSURE MAY PROCEED AGAINST YOUR IIOME IMMEDIATELY AND YOUR APPLICATION };OR MORTGA(;E ASSISTANCE WILL BE DENIEI). AGENCY ACTION -- Available fimds for emergency mortgage assistance are very limited. They ,,viii be disbursed by thc Agency under the eligibility criteria established by the Act. The Pennsylvania llonsing Finance Agency has sixty (60) days to make a decision after it receives your applicatinn. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set foah above. You will be notified directly by thc Pennsylvania llousing Finance Agency of its decision on your application. NOTE: IE YOU ARE CURRENTI,Y PROTECTEI) BY TIlE FII,1NG OF A PETITION IN BANKRUPTCY, TIlE FO1,LOWING PART OE TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSII)ERED AS AN ATI'EMPT TO COI,I J,;CT THE i)EBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) IIOW TO CURl,; YOUR MORT(;AGE I)EFAUI ;1' (Bring it up to date). NATURE OE TIlE I)I{FAUI ;1' -- Thc MORTGAG]'; debt held by thc above lender is on your property located at: 17a W Glenwood Dr Camp Hill, PA 17011-1139 IS SERIOUSLY IN DEFAULT because: YOU IlAVF. NOT MADE MONTIII,Y MORT(iAGE PAYMENTS for the following months and the followin~ amounts are now past due: April 1, 2001 through June 1, 2001. See attached Exhibit for pa~nent breakdown. Monthly Payments 1,652.40 ].ate Charges 42.28 NSF 0.0 0 Inspections 0.0 0 Other Suspense 14.5 0 TOTAL AMOUNT PAST DUE: 1,680.18 B. '~ OU flAY E FAll .El) TO TAK]:. Till! FOI,I,OV', ING ACTION (l_)(~ngt 3!se ifn0t applicable): 1_10~%' TO CURE THE I)EI"AULT -- You may cure the defanlt within TIIIRTY (30) DAYS of the date of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUE TO THE LEN1)ER, WII1CII IS $ 1,680.18 , PI,US ANY MORTGAGE PAYMENTS AN1) I,ATE C]IARGES WIlICH BECOM}'; DU'F, DURING T] 11:, TII1RTY (30) DAY PERIOD. Payments mnst be made either by cash, cashiers check, certified check or money order made payable and sent to: Payment Processin~ GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cum any other default by taking the following action xvithin TIIIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) Not Applicable _1_1,' YOU I)O NOT CURE TIlE 1)EI;AULT -- If you do not cnre the defanlt within TIIIRTY (30) DAYS of the date of this Notice, the lender iutcnds to exercise its rights to accelerate the mortgage debt. 'II,is means that thc cntn,z outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instalhncnts. Ifildl payment of the total amount past dne is not made within TIIIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon you]' mortgaged properly. 11,' THE MORTGAGE IS FORECLOSEi) UPON -- The mortgaged property will be sold by fire Sheriffto pay off the mortgage debt. If the lender refers your case to its attoroeys, but you cure the delinquency betbre the lender begins legal proceedings against you, you will still be reqnired to pay the reasonable attorney's fees that were actually incurred, np to $50.00. floweret, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also inclnde other reasonable costs. If you cure the default within the TtIIRTY (:30) DAYS period, you will not be required to pay attorney's fees. EXHIBIT OTIIER LENI)ER REMEI)IES -- The lender may also she you personally for the unpaid principal balance and all other sums due under the mortgage. _RIGIIT TO CURE TIlE DEI,'AUI,T PRIOR TO SHER1EF'S SA1,E -- If you have not cored the default within thc TIIIRTY (30) DAY period and foreclosure proceedings have begun, yon ~i!l have the right to cure the default m~d prevent the sale at any time np to one hour before thc Sheriffs Sale. You may do so by paying thc total amounl t_hen past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the tbreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the nrortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. [A_RI,IESI' POSSIBLE SIIERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale oftbe mortgaged property could be held wonld be approxlmately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer yon wait You nmy find out at any t/me exactly what the reqnired payment or action will be by contacting the lenden HOW TO CONTACT TIlE I,ENI)ER: 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 _F,] 1 ECI O} SIIERI11 S SALE -- ~ ou .'houlds reahze that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you con(rune to live in the property after the Sheriffs Sale, a lawsuit to remove yon and your fimfishings and other belongings cmdd be started by the lender at any tinre. ASSUMI I ION Ol MOR'I (,At,l,, -- '~ on may or may not sell or transfer your home to a bnyer or transferee xvho will assmne the mortgage debt, provided that all the 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_M _AY Al,SO HAVE THE RIGHT: TO SEI.I, Till;, PROPERTY TO OBTAIN MONEY TO PAY OFF 'i'llE MORTGAG'I~ I)EBT OR TO BORROW MONEY FROM ANOTIH{R I,ENDING INSTITUTION TO PAY OFF TillS DEBT. 'ID llAVI{ THIS DEFAU1.T CURl':I) BY ANY TIIIRI) PARTY ACI'IN(; ON YOUR lIE(IAI J:. TO IIAVF. Ttll'; MORTGAGE RF. STOREI) TO TllI{ SAME POSITION AS IF NO DF. FAUI.T lIAD OCCURREI), IF YOU CURI~ 'l'tli'; ])I(}:AUI.T. (IIOWI{VER, YOU DO NOT ilAVI{ Tills RIGllT TO CURE YOUR I)EFAUI,T MORE TIIAN TlIREE TIMI{S IN ANY CAI.ENDAR YEAR.) 'iD ASSERT TlIE NONEXIS]I';NCI'; OF A Dt';FAUI,T IN ANY FORF. CI.OSURE PROCEEDING OR ANY O'i'i 1ER I.AWSUIT INSTI'I'UTED UNDI;.R 'I'I1E MORTGAGE DOCUMENTS, TO ASSF. RT ANY OT]IER DEIq'LNSI{ YOU BF.I.IEVE YOU MAY IIAVI{ TO SUCII ACTION BY TIlE ! FNDER. TO SEF. K I~ROTI';CTION 1. N1)ER TI Il( FEI)I':RAI. BANKRUPTCY I.AW. _CONSUMER CREDIT COUNSEI,ING AGENCIES SERVING YOUR COUNTY lS ENCLOSED EXHIBIT "A" PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. 8/00) CLINTON cOUNTY Lycoming-Clinton Counti~ Commision for Community Action (STEP) 2138 Lincoln Su'eet P.O. Box 1328 Willian~port, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCC$ of Notrheastern PA 201 Basin Street Witliamspor~ PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economi~s Opportunity of Luzeme 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 Hz2eltown FAX (570) 455.563 I--(Call Before Faxing) (570) 836.4090 Tunkharmoek Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20a Street Erie, PA 16510 (8 ~ 4) 898-0400 FAX (814) 898-1243 CCCS of Western pennsylvania, Inc. 2000 Linglestown Road Haixisbur§. PA 17102 (717) 541-1757 Urban League of Metropolitan Hamsburg N. 6* Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capita~ Region 1514 EMrO' Street Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 CCC$ of Northeastern PA 1631 South Athenon St., Suite 100 Stat~ College, PA 16801 (814) 2384668 FAX (814) 238-3669 COLUMBIA I400 Abington Executive Park Suite 1 Clatk$ Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587.9134-9135 CRAWFORD COUNTY CUMBERLAND COL,~TY Greater Erie Community Action Committee 18 West 9= Street Erie, PA 16501 (814)459.4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana .&venue Farrell. PA 1612l (412) 981-5310 Financial Counseling Services of Franklin 31 West 3'a Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg. PA 17325 (717) 334-1518 F.-LX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 E HIBIT *A* ~I THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennxylvania, more particularly de$criOed as follows: In Accordance with survey of Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of Glenwood Drive (West), which point is 332.56 feet North of the norhwesterly corner of Erford Road (West) and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, Block "H" on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 63 degrees 30 minutes West and through the center of a partition wall and beyond 115.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H", North 26 degrees 30 minutes East 37.5 feet to a point at dividing line between Lot Nos. 4X and 5, Block "H" on said Plan; thence along said dividing line, South 63 degrees 30 minutes East 115 feet to a point on the westerly line of Glenwood Drive (West) aforesaid; thence along same, South 26 degrees 30 minutes West 37.5 feet to a point, the place of BEGINNING. BEING Lot Number 4X, Block "H", on Plan No. 10, Ridley Park, which Plan is'recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 47. }lAVING THEREON erected a dwelling house known and numbered as 17 A Glenwood Drive (West). UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. VERIFICATION KRISTINE'WILSON hereby 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 tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN CASE NO: 2001-04842 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP OF PA VS THUMMA RICHARD L ET AL - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARK KIMBERLY A the DEFENDANT , at 2058:00 HOURS, on the 27th day of August at 17 A WEST GLENWOOD DR , 2001 CAMP HILL, PA 17011 KIMBERLY A CLARK a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of .~~ ~f A.D. ' 'Prothonotary So Answers: R. Thomas Kline 08/28/2001 FEDERMAN & PHELAN Deputy Sheriff ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-04842 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORP OF PA VS THUMMA RICHARD L ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT THUMMA RICHARD L ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , as to , THUMMA RICHARD L RICHARD THUMM LIVES AT 5252 OAKLAND ST PHILA, PA. RETURNED PER JASON RICCO. Sheriff's Costs: Docketing 18.00 Service 9.75 Not Found 5.00 Surcharge 10.00 .00 42.75 So answer : Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this J~--- day of ~ Profh6notary .... ' / ~ AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION OF PA DEFENDANT(S) RICHARD L. THUMMA KIMBERLY A. CLARK SERVE KIMBERLY A. CLARK AT 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-4842 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED at Q': '_,o'clocka.m.,at_ UO.,Co onwealth of Pennsylvania, in the manner described below: ___~ Det'nndant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. -- Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. -- ' an officer of said Defendant(s)'s company. Other: Description: Age J ~ Height ,~ ~/~'t Weight ~ Race [Alit Sex ~ Other etent adult being duly sworn according to law, depose and state that I personally handed I ~__~];¥,,l,~r-'~-- L, C~.~,,"~ 'J'~, , a comp . ~ -~ ~ ', i~ned in the cantioned case on the date and at ~' tree' and correct copy of th[ Notice of Sheriff's Sal.e. tn the manner as set mrm aerem the address indicated above. Sworn to and subsc,ribed before me this /3 . day of_ 00'7 , _, 200 Notary: [ Jn ,., ~ "f ~--~it9~_ I Gr~ne Twp., Fmnkl[q Coun~ ] M~ssi~ E~ir~ No~ 23, 2~4~ . Moved Unknown . No Answer NOT SERVED o'clock __.m., Defendant NOT FOUND because: . Vacant Other: Sworn to and subscribed be~re methis day of ,200_. By: Attorne for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (21 $) 563-7000 FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA 401 MILE OF CARS WAY NATIONAL CITY, CA 91950 Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RICHARD L. THUMMA and KIMBERLY A. CLARK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/1/01 to 10/2/01 TOTAL $62,746.84 $718.58 $63,465.42 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rul~ 237.1, copy attached. ~, - RANK DEP ESQUL Attorney for Plai ~tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO ?ROTHY · FEDE~ ~ PHEL~/q, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff vs. RICHARD L. T~ KIMBERLY A. CLARK : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-4842 CIVIL Defendant (s) TO: RICHARD L. THITMMA 5252 OAKLAND STREET PHILADELPHIA, PA 19142 DATE OF NOTICE: SEPTEMBER 19,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANTNOTIC~ You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff · FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY RICHARD L. THUMMA KIMBERLY A. CLARK : N0.01-4842 CIVIL Defendant TO: KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: SEPTEMBER 19.2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a law%zer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ' FEDERMAN AND PHELAN, 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 ATTOP~NEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff VS. RICHARD Lo THLrMMA KIMBERLY A. CLARK : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-4842 CIVIL Defendant (s) TO: RICHARD L. T/{UMI~A 5252 OAKLA~'D STREET PHIL/%DELPHIA, PA 19142 DATE OF NOTICE: SEPTEMBER 19,2001 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, ~2%!D ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT N ICE 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 law]zer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff .FEDERMANAND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY RICHARD L. THUMMA KIMBERLY A. CLARK : NO.01-4842 CIVIL Defendant TO: KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: SEPTEMBER 19,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPF/IA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA 401 MILE OF CARS WAY Plaintiff, R/CHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has 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 RICHARD L. THUMMA is over 18 years of age and resides at, 17 A WEST GLENWOOD DRIVE, CAMP HILL, PA 17011. (c) that defendant KIMBERLY A. CLARK is over 18 years of age, and resides at, 5252 OAKLAND STREET, PHILADELPHIA, PA 19142. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~ANK FEDERMAi ttorney for Plaintif PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION OF PA Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). No. 01-4842 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/2/01 to 3/6/02 (per diem -10.43) TOTAL ~ Penn Cent!er at SI ~7 John F. Kenned~ Philadelphia, PA 191( Attorney for Plaintiff $63,465.42 v' $1,616.65 and Costs $65,082.07 tburban Station 'Boulevard, Suite 1400 ~-1814 Note: Please attach description of property. No. ~[ THAT CERTAin; tra~t or parctl ~ :and and prcmix¢3, ~t~at¢, lying and being in thc Township ~ East Pennsboro in theCoun~ Cuaxber land and Commonwealth ~ Penn~vania, mort par:tcalar~y Je~2rtDe~ a$~llow$: In Accordance with survey of Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated August 29, 1977, as follows, to w[t: BEGINNING at a point on the westerly line of G!enwood Drive (West), which point is 332.56 feet North of the norhwesterly corner of Erford Road (West) and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, Block "H" on the hereinafter mentioned Plan of Lots; thence along said dividin~i line, North 63 degrees 30 minutes West and through the center o~ a partition wall and beyond .~5.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H", North 26 degrees 30 minutes East 37.5 feet to a point at dividing line between Lot Nos. 4X and 5, B~ock "H" on said Plan; thence along said dividing line, South 63 degrees 30 minutes East 115 feet to a point on the westerly line o~ Glenwood Drive (West) aforesaid; thence along same, South 26 degrees 30 minutes West 37.5 feet to a point, the place of BEGINNING. BEING Lot Number 4X, Block "H", on Plan No. 10, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book !8, Page 47. [lAVING THEREON erected a dwelling house known and numbered as 17 A Glenwood Drive (West). UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. GMAC MORTGAGE CORPORATION OF PA Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~17 A WEST GLENWOOD DRIVE~ CAMP 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.) RICHARD L. THUMMA 5252 OAKLAND STREET PHILADELPHIA, PA 19142 KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE 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.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the 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 17 A WEST GLENWOOD DRIVE 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 toy October 2, 2001 DATE ttomey for [AN,~ESQUIRE :iff FEDERMAN and PHELAN 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 OF PA Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-4842 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. GMAC MORTGAGE CORPORATION OF PA Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). TO: KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-4842 October 2, 2001 RICHARD L. THUMMA 5252 OAKLAND STREET PHILADELPHIA, PA 19142 **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, 17 A WEST GLENWOOD DRIVE, CAMP HII,I,, PA 1701L is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65~082.07obtained by GMAC MORTGAGE CORPORATION OF PA (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff' s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance 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, l. 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 sate 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. t 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~[ THAT CERTAIN trac~ or parcel ~ la~d and premsex, sit~a:¢. !yi~g and ~eing :n the Township ~ East Pennsboro intheCo,n~ In Accordance with survey of GerrLt J. Betz Associates, Eno., Engineers and Surveyors, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of G!enwced Drive (West), whick point is 332.56 feet North of tko norhwesterly corner of E~fo~_ Road (West) and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, BLock "H" on the hereinafter mentioned Plan of Lots; thence along said dividin~t Tine, North 63 degrees 30 minutes West and through the center of a partition wal~ and beyond !!5.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H", North 26 degrees 30 minutes East 37.5 fee~ to a poin~ at dividing line between Lot Nos. 4X and 5, R~ock "H" on said Plan; thence along said dividing line, South 63 de~rees 30 minutes Eas~ 115 feet to a poin~ on the westerly line of Glenwccd Drive aforesaid; thence along same, South 2~ degrees 3C minutes West 37.5 feet to a point, the place o~ BEGINNING. BEING Lot Number 41{, Block "H", on Plan No. 10, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book !8, Page 47. }lAVING THEREON erected a dwelling house known and numbered as 17 A Glenwood Drive (West). UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way o~ record. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION OF PA 401 MILE OF CARS WAY Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 Notice is given that a Judgment in the above-captioned matter has been entered against you on ~/-o~6, 2001. By: ~DE?UTY If you have ~y questions concerning this matter~ c~t~ ~ ~ ~ PE~ C~E~ AT S~ STATION 1617 JO~ F~KE~DY BLVD., SUITE 1400 PH~ELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PLAINTIFF DEFENDANT SERVE AT AFFIDAVIT OF SERVICE -PHILADELPHIA GMAC MORTGAGE CORPOP~ATION OF PA RICHARD L. THUMMA KIMBERLY A. CLARK 5252 OAKLAND STREET PHILADELPHIA, PA 49142 NO. 01-4842 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made knowD to ~i ~ L. Defendant on the ~ da~ of ~ , 2001-- at _ o'clock, ~_. M., a~ E~~' ~¥~ ' , City in the manner described below: Defendant personally se~ed. Adult family me~er with whom Defendant(s) reside(s). Relationship is ~ Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) __~gent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, ~AT) ,~ , a competent adult, being duly swo~n according to law, depose and state that I personally handed to '~h~ (~ ~ ~i~ ~b~) __ a true and correct copy of the ~Y~£A&~%~ --~-df~q~ issued in the captioned case on the date ~n~ at the address indicated above. Sworn to and subscribed Before me this ~ day of 2oo . ..... ~ NOT SERVED on the day of 200 at o'clock __.M., Defendant NOT FOUND because: Moved Unknown NO Answer __ Sworn to and-subscribed ! Before me the day Of , 200__. Notary: By: Vacant ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ~SQUIRE - I.D.#12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 SHERIFF' S RETURN - REGULAR CASE NO: 2001-04842 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP OF PA VS THUMMA RICHARD L ET AL DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE CLARK KIMBERLY A Sheriff or Deputy Sheriff of who being duly sworn according to law, was sez-ved upon the DEFENDANT , at 2058:00 HOURS, on the 27th day of August at 17 A WEST GLENWOOD DR , 2001 CAMP HILL, PA 17011 KIMBERLY A CLARK a true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 08/28/2001 FEDERMAN & PHELAN By: ~ ,~ ¢ Deputy Sheriff ~/ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION GMAC MORTGAGE CORPORATION OF PA VS. CUMBERLAND COUNTY No.: 01-4842 RICHARD L. THUMMA KIMBERLY A. CLARK MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule &Civil Procedure 430, Plainfiffhas made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit 'B.' WIIEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRAN~ FEDER~MAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTII:F AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORA¥ION (iF PA DEFENDANT(S) RICHARD L. THUMMA KIMBERLY A. CLARK SERVE RICHARD L. THUMMA AT 5252 OAKLAND STREET PHILADELPHIA, PA 19142 CUMBERLAND COUNTY No. 01-4842 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to , Defendant, on the at , o'clock __.m., at of Pennsylvania, in the manner described below: __ Deli:ndant. personally served. ~ .~ · ~ i& Adult family member with whom Defendant(s) reside(s~. ~(~lll0onship';is __Adult in charge of Defendant(s)'s residence who refiise~t~g give name or r~zrionship. __ 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: day of ,200_, , Commonwealth Description: Age __ Height __ Weight Race __ Sex Other 1, , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree 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 subscribed before me this day of ,200_. Notary: By: NOT SERVED Onthe lOth dayof OeEnh~r ,2001, at 5:50 o'clock_~, Defendant NOT FOUND because: X Moved Unknown No Answer Vacant Other: Neighbor at 5254 stated that Richard moved out yesterday via U-Haul. S~vorn to and subscribed before me this 10 kh day of oct. , ,00- · Notary' - Mi SE - · Frank Federman. Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Prom: Bud Carry To: Mary Scrocca PLAIN I'IFF DEFENDANT(S) SERVE: RICHARD L. T~A AT 17 A WEST GLENVqOOI CAB, IP HILL, PA 17011 Date: Time: 9:04:20 PM -- Page 1 of 1 FIDAVIT OF SERVIC~ CUMBERLAND COL,fifTy ~ P6 R/CHARD L. THL~M~ No. 01-4S4Z KIMBERLY A.C~ Type of Action ~ AT ] ~ - Notice of Sheriftos Sale ) DRIVE ~J Sale Date: MARCH 6, 2002 Served and made known to at __, o'clock __.m., at of Pennsylvania, in the manner described below: SERVED · Defendant, on the .dayof · 200_, , Commonwealth ___. Defendant personally served. __.Adult family member with whom Defel~dant(s) reside(s). Relationship is _, ___ Adult m charge o£ Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodghlg in which De£endam(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place o£buskness. __ Other: an officer of said Defendant(g)'s company. Descnpuon: Age Height, Weight Race__ Sex __ Other 1' , a conxpetent adult, being duly sworn according to law, depose and state that I personally handed a Uu~ aud correct copy of the Notice of Sheriff's Sale in the manner aa set forth hereto, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: NOT SERVED On the ~,~ffx~ day of P ~(2¢~.~ ~ , 2001, at ~'f ~9o~clock ~, Defen~t NOT FO~D b~a~e: ~ Moved . U~o~ No ~wer ~ Vacant before mn this ~ day of ,200 ~. Nota~: Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PAN J, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 01-1912 Attorney Firm: Federman & Phelan Subject: Richard L. Thumma Current Address: 17 A. West Glenwood Dr. Camp Hill, PA 17011 Property Address: 17 A. West Glenwood Dr. Camp Hill, PA 17011 Mailing Address: 17 A. West Glenwood Dr. Camp Hill, PA 17011 I Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Richard L. Thumma - 199-56-5651 B. EMPLOYMENT SEARCH Richard L. Thumma - unknown C. INQUIRY OF CREDITORS The creditors indicate that Richard L. Thumma reside(s) at: 17 A. West Glenwood Dr. Camp Hill, PA 17011 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Indicated that Richard L. Thumma reside(s) at: 17 A. West Glenwood Dr. Camp Hill, PA 17011 - 717-732-6139 III. INQUIRY OF NEIGHBORS Jerome Jones 13 A. W. Glenwood Dr and he verified that Richard L. Thumma reside(s) at: 17 A. West Glenwood Dr. Camp Hill, PA 17011 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Richard L. Thumma - 17 A. West Gienwood Dr. Camp Hill, PA 17011 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Richard L. Thumma reside(s) at: 17 A. West Glenwood Dr. Camp Hill, PA 17011 VI. OTHER INQUIRIES A. DEATH RECORDS As of Oct. 1, 2001 Vital Records has no death record on file for Richard L. Thumma. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) none C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg has a registration for Richard L. Thumma residing at: 17 A. West Glenwood Dr. Camp Hill, PA 17011 VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Richard L. Thumma - YOB - 1966 B. A.K.A. none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Steven M. Ruffo PANJ, INC. President Sworn to and subscribed before me this _15__day of Nov 2001 NOTARIAL SEAL Luz M. Arango, Notary Public Philadelphia, Philadelphia County My Commission Expires Oct. 30, 2004 PAN. I, INC 43 WIL$ON DRIVE $ICKLER VILLE, NJ 08081 PHONE.. (856) 264-7806 PANJINC~,~I OL. COM FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA VS. RICHARD L. THUMMA KIMBERLY A. CLARK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-4842 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 0976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." ~of Walker, 468 Pa. 165, 360 A.2d 603 (1976). -- An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRAN~ FEDERM~q', ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are tree 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. Sec. 4904 relating to unswom falsification to authorities. FR2M<~ FED~RMAN, I~SQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA VS. RICHARD L. THUMMA KIMBERLY A. CLARK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 01-4842 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on December 5, 2001. RICHARD L. THUMMA KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 FRAI~K FED~RIVlJ~N, ESQUIRE Attorney for Plaintiff Date: December 5, 2001 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION GMAC MORTGAGE CORPORATION OF PA VS. CUMBERLAND COUNTY No.: 01-4842 RICHARD L. THUMMA KIMBERLY A. CLARK ORDER AND NOW, this ~_~ day o~_, 2001, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), RICHARD L. THUMMA and KIMBERLY A. CLARK, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION OF PA DEFENDANT(S) RICHARD L. THUMMA KIMBERLY A. CLARK SERVE KIMBERLY A. CLARK AT 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-4842 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 at q ',tO ,o'clockf__.n%at [~ /~ ~J. ~-,6'd~ ~'.. Ct~t ~,/,CC of Pennsylvania, in the manner described below: ~rDefendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: SERVED C~/..-~'~'-,- , Defendant, on the l n.~ dayof{'~ff~t~,200__t, ,Commonwealth ~S o~e address indicated above. . worn to and ~ubsdfibed [ JU~ffA K. 8~1~, ~ Public [ before me t~s ~ day [ Su~~., ~n Coun~ [ of c NOT SER~D iD,~otion: Age Height__ Weight Race Sex__ Other , 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 On the day of 200__, at __ __ Moved __ Unknown__ No Answer o'clock __.m., Defendant NOT FOUND because: Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorne for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Joh~ason, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ~ICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L. KING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Michael J. Cassidy, Esquire, did hereby serve Defendant Christine L. King with the Writ of Summons issued in the above-captioned matter, by serving same upon her attorney, B. Craig Black, Esquire, of McKissock & Hoffman, P.C., 2040 Linglestown Road, Suite 302, Harrisburg, Pennsylvania 17110, on November 19, 2001, as evidenced by the attached Acceptance of Service. Dated: JOHNSON, DUFFLE, STEWART & WEIDNER By: ~--~' , / ~ Mic~l'"~e~ J. Cassidy ~ AttoYney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs :152704 t & Johnson, Duffle, Stewart Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market SWeet P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 761-4540 Attorneys for Plaintiff RICHARD W. TURNER and DONNA MARIE TURNER Plaintiffs V. BRANDON N. MURRAY and CHRISTINE L KING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4951 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, B. Craig Black, Esquire, accept service of the Writ of Summons on behalf of my client, CHRISTINE KING, and waive only those objections with respect to manner of service pursuant to Pa.R.C.P. No. 402, and certify that I am authorized to do so. Date:~ McKISSOCK & HOFFMA~ ~,~ B. Crai~j~!a~, EsqUire~-"'~'"----~ McKis,~o~k & Hoffman, P...~f. 204C~glestown R~a~, Sa'~te 302 Harrisburg, PA 1-7'110 :151887 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 GMAC MORTGAGE CORPORATION OF PA VS. RICHARD L. THUMMA KIMBERLY A. CLARK ATTORNEY FOR PLAINTI~ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-4842 AFFIDAVIT I hereby certify that a tree and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to RICHARD L. THUMMA on 12/18/01 at 17 A WEST GLENWOOD DRIVE, CAMP HILL, PA 17011 and at 5252 OAKLAND STREET PHILADELPHIA PA. 19142, in accordance with the Order of Court dated 12/13/01. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Date: December 24. 2001 FEDEtLMAN AND PHELAN By: FIL&NK FEDEILMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PEN~ CENTER AT SL]3Uq:~BAN STATION. SUITE 1400 PHILADELPHL&, PA 19103-1814 (315~ 563-7000 GMAC MORTGAGE CORPORATION OF PA VS. RICHARD L. THUMMA K12vlBERLY A. CLARK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAN'D COL.~TY No: 0!-1.842 dEg '! 1 ~rJOl ,, ORDER AND NOW, this J~_ day o f bP_t~.mk~2001, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service o f the Notice o f Sale on the above captioned Defendant(s), RICHARD L. THUMMA and K~iBERLY A. CLARK, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Ptaintiffs attorney, who will file with the Prothonotar':'s t2t!~ COPY FROM RECC'?' Jn T¢;~j ,m~:7 . :, ':pof, I here unto set my hand end Jh~ seal of sa/d Cosmat Carlisle, Pa. BY THE COURT: "; TO: RICHARD THUMMA 17 A WEST GLENWOOD DRIVE CAMP HILL, PA: 1701] - I R~oelpt for TO: RICHARD THUMMA 5252 OAKLAND STREET PHILADELPHIA, .PA. 19142 SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION OF PA No.: 01-4842 VS. RICHARD L. THUMMA KIMBERLY A. CLARK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO ,Pa. R.C.P. 405 OF NOTICE OF SAI,E Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 17 A WEST GLENWOOD DRIVE, CAMP HIIJ., 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 Return Receipt stamped by the U.S. Postal Service is attached for each notice. FRANK FEDERMAN, Attorney for Plaintiff February 27, 2002 CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION OF PA No.: 01-4842 VS. RICHARD L. THUMMA KIMBERLY A. CLARK SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) 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 17 A WEST GLENWOOD DRIVE, CAMP HILL, PA 17011: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WANDELL JUIANNE 365 PETERSBURG RD. CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name NONE. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Nallle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) February 27, 2002 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. FRAN~ FEDERMAN,~E UIRE Attorney for Plaintiff · GMAC MORTGAGE CORPORATION OF PA Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets fortll as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~17 A WEST GLENWOOD DRIVEr CAMP HILL~ PA 17011 . Name and address o f Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) RICHARD L. THUMMA 5252 OAKLAND STREET PHILADELPHIA, PA 19142 KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE 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.) None Name and address of every other' person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Oepartmont 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 o f 18 Pa. C.S. Sec. 4904 relating toy )rn falsifi~ t~ auth~.~ties. October 2, 2001 ~ -- DATE L~qY, L FINDER2 [Alq,'ESQUIRE ~tomey for Plak iff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) RICHARD L. THUMMA KIMBERLY A. CLARK PROPERTY: 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002, at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Street, Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH ATTORNEY F~LE COPY PLEASE RETURN SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW GMAC MORTGAGE CORPORATION OF PA No.: 01-4842 VS. RICHARD L. THUMMA KIMBERLY A. CLARK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 17 A WEST GLENWOOD DRIVE, 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 Return Receipt stamped by the U.S. Postal Service is attached for each notice. ATTORNEY FiLE COPY PLEASE RETURN February 27, 2002 FRANK FEDERMAN, ESQ'I~IS~E Attorney for Plaintiff GMAC Mortgage Corporaiton of PA VS Richard L. Thumma and Kimberly A. Clark In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4842 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 19.50 Levy 15.00 Advertising 15.00 Certified Mail .82 Poundage 17.45 Out of County 9.00 Philadelphia County 116.00 Law Journal 316.55 Patriot News 279.90 $ 889.92 paid by attorney 3-07-02 Sworn and subscribed to before me So Answer · This /q~ dayof ~ y~/J,e~,,~' R. Thomas Kline, Sheriff 2002, A.D. t~tx.~/~ )kt_,Jt~ ~. ~t~ Prothonotary Real Esta~te Deputy GMAC MORTGAGE CORPORATION OF PA Plaintiff, V. RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION OF PA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth/as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~17 A WEST GLENWOOD DRIVE~ CAMP 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.) RICHARD L. TI-IUMMA 5252 OAKLAND STREET PHILADELPHIA, PA 19142 KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE 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.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: i NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant Domestic Relations of Cumberland County 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 penalties of 18 Pa. C.S. Sec. 4904 relating toun~ om falsifi~[i~ October 2, 2001 DATE ~N~ ?,.ANK F]~DEP~ ttomey for Plain 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 ~.._~.~ties. , SQUm iff GMAC MORTGAGE CORPORATION OF PA Plaintiff, V. RICHARD L. THUMIVIA KIMBERLY A. CLARK Defendant(s). TO: KIMBERLY A. CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-4842 October 2, 2001 RICHARD L. THUMMA 5252 OAKLAND STREET PHILADELPHIA, PA 19142 **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 ~ 17 A WEST GLENWOOD DRIVEl CAMP HII~L~ PA 1701Iv is scheduled to be sold at the Sheriff's Sale on MARCH 67 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65~082.07obtained by GMAC MORTGAGE CORPORATION OF PA (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,E To prevent this Sherif£s Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance 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 SAI,E DOES TAKF, 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 -~[ THAT CE2TA~I ;ruc~ or par¢~! ~ land and prcmi~¢~. ~it~a:¢. Township ~ East Pennsboro Cumberland and Co,nmon~ealth ~ ? enn~lvania, more par:tcalar~ Jec cr~¢d In Accordance with survey of Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of G!enwcod DriYe (West), which point is 332.56 feet North of ~he norhwesterly corner of Erford Road (West} and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, Block "H" on the hereinafter menzicaed Plan of Lots; thence along said dividin~i~line, North 63 degrees 30 minutes West and through the center of a partition wall and beyond !!5.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H", North 26 degrees 30 minutes East 37.5 fee~ to a point at dj'tiding line between Lot Nos. 4X and 5, Block "H" on said Plan; thence along said dividing line, South 63 degrees 30 minutes Eas~ 115 feet to a point on the westerly line aforesaid; thence along same, South 25 degrees 3C minutes West 37.5 feet to a point, the place of BEGINNING. BEING Lot Number 4X, B!cck "H", on Plan No. 10, Ridlev Park, which Plan is recorded in the Office of the Recorder of Dee~s in and for Cu~erland County, Pennsylvania, in Plan Book !8, Page 4?. }lAVING THEREON erected a dwelling house known and nurabered as 17 A Glenwood Drive (West). UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. WRIT OF EXECUTION and/or A'rl'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumber] ~n~ To satisfy the debt interest and costs due NO. 01-4842 CIVIL 19. CIVIL ACTION - LAW COUNTY: GMAC Mortqaqe Corporation of PA PLAINTIFF(S) from Richard L. Thumma Kimberly A. Clark DEFENDANT(S) (1) You are directed lo levy upon the property of the defendant(s) and to sell ~ee legal dm.~cription of property (2) You are also directed lo attach the property of the defendant(s) not levied upon in the possession of .GARN SHEE(S) as follows: and !o notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $63,465.42 L.L. from 10/2/01 to 3/6/02 (per diem-10.43) Interest $!~!~' ~ ~"~ "',',~'- Due Prolhy Atty's Comm % Other Costs Alty Paid $130.75 Plaintiff Paid $.50 Dale: October 26~ 2001 by: REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban StaTion 1617 John F. Kennedy Boulevard, Suite 1400 ~hilad~Iphia, ~A 19103-I~14 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 Curtis R. Long Prothonotary, Civil Division Deputy REAL E~TATE SALE No./~ On November 01, 2001, the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as 17 A West Glenwood Drive, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 01, 2001 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to Paw, 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 Pennsylvanial owner and publisher of The Patriot-News and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau~ook "M", Volume 14, Page 317. PUBLICATION ,. .................... ', .................................................... COPY Swo~ to an~Je~,su of Febl'uary 2002 A D S A L E #18 ! ~'-'~u??,NolawP~Ta~'.,/ I /' // ' ' L -.m~u~g, Dau¢~l,~ ..... -,~..er, Pe~naylvanma AssOctaf~o~ o~ No{a~N{~'~A~'~ PUBLIC My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMMBERLAND 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 $ 278.40 $ 1.50 $ 279.90 Publisher's Receipt for Advertising Cost , publisher of The Patriot-News and The Sundav Patriot-New,~, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : 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 primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, IqiBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ~STAT~ 8,~v.m BO. 18 Writ No. 2001-4842 Civil GM_AC Mortgage Corporation of PA VS. Richard L. Thumma and Kimberly P~ Clark Atty.: Frank Federman ALL THAT CERTAIN tract, or parcel of land and premises, situ- ate, lying and being in the Town- ship of East Pennsboro in the County of Cumberland and Com- monwealth of Pennsylvania, more particularly described as follows: In Accordance with survey of Gerrit J. Betz Associates, Inc., En- gineers and Surveyors, dated Au- gust 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of Glenwood Drive ~Edit~'r SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002_ LOiS E. 8NYDER, No~m/Pub(lc Ca~ ~>ro, C, uml~dand Count~ FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 (215) 563-7000 GMAC Mortgage Corporation of PA Plaintiff Richard L. Thumma Kimberly A. Clark Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 01-4842 STATEMENT OF INTENTION TO PROCEED TO THE COURT: The above-referenced foreclosure action is protected by the automatic stay provisions of the Defendants, Kimberly Ann Clark's Chapter 13 Bankruptcy filed on February 19, 2002 at Docket No. 02-00873 RJW in Middle District of Pennsylvania. Plaintiff intends to proceed with its above foreclosure action should the Defendant's Bankruptcy be dismissed or Plaintiff receives relief from the automatic stay. Date: Frank Federman, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). No. 01-4842 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/27/01 to SEPTEMBER 8, 2004 (per diem -$10.43) TOTAL $63,465.42 $10,930.64 and Costs $74,396.06 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 parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: In accordance with survey of Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of Glenwood Drive (Wes0, which point is 332.56 feet North of the northwesterly corner of Erford Road (West) and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, Block "H" on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 63 degrees 30 minutes West and through the center of a partition wall and beyond 115.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H" North 26 degrees 30 minutes East 37.5 feet to a point at dividing line between Lot Nos. 4X and 5, Block "H" on said Plan; thence along said dividing line, South 63 degrees 30 minutes East 115 feet to a point on the westerly line of Glenwood Drive (West) aforesaid; thence along same, South 26 degrees 30 minutes West 37.5 feet to a point, the place of Beginning. BEING Lot Number 4X, Block "H", on Plan No. 10, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 47. HAVING THEREON erected a dwelling house known and numbered as 17 A Glenwood Drive (West). _ UNDER AND SUBIECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. TAX PARCEL # 09-16-1050-286 TITLE TO SAID PREMISES IS VESTED IN Richard L. Thumma and Kimberly A. Clark, joint tenants with the right of survivorship by Deed from Michael W. Weaver and Gail P. Weaver, husband and wife dated 7/28/95, recorded 8/9/95, in Deed Book 126, Page 516. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4842 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 RICHARD L. THUMMA AND KIMBERLY A. CLARK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y~u are a~s~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n 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 $63,465.42 L.L. Interest FROM 10/27/01 TO 9/8/04 (PER DIEM - $10.43) - $10,930.64 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $1033.17 Other Costs PlaintiffPaid Date: APRIL 26, 2004 (Seal) CURTIS R. LONG Deputy 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 Cotxrt ID No. 12248 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, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 CIVIL 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: 0 an FHAmo~gage ( ) 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 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTWlCATION NO. 12248 ONE PENN CENTER AT SUBURBAN STAT[ON, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA VS. RICHARD L. THUMMA KI34BERLY A. CLARK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 01-4842 ORDER AND NOW, this _~_ day of ~_~' ~2001, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), RICHARD L. THUMMA and KIMBERLY A. CLARK, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service. TRUE COPY FROM In Te~mon,? v,,h;rpof, I here unto set my hand 8nd/J~ seal of sa/d Co,mat Carlisle, Pt~h~t~ / BY THE COURT: IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Kimberly Ann Clark GMAC Mortgage Corporation Movant VS. Kimberly Ann Clark Debtor(s) and Charles J. DeHart, IlI, Esquire Trustee RES PONDENTS CHAPTER 13 CASE NO, 02-00873 MDF 11 U.S.C. SEC. 362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY ANDNOW, this dayof /t, ,'~ ~ .['-. ,20,;_..'~7~ ' AND DECREED that: '~ , k is ORDERED The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1979, as amended (The Code), 11 U.S.C. 362, is modified with respect to premises: 17 A W Glenwood Drive Camp Hill, PA 17011 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 enfomement of its right to possession of said premises. The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. :~t~~.At~d~' ~, Bankruptcy Judge E:\WPSl\BKY\2002\0235609cod.wpd GMAC MORTGAGE CORPORATION Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 CIVIL AFFiDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 17A WEST GLENWOOD DRIVE, 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) RICHARD L. THUMMA 17A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 KIMBERLY A. CLARK 17A WEST GLENWOOD DRIVE 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: Naltle WANDELL JUIANNE Last Known Address (if address cannot be reasonably ascertained, please indicate) 365 PETERSBURG ROAD CARLISLE, PA 17013 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) None 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: INlanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 17A WEST GLENWOOD DRIVE 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 beliefi 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. Al~ril 23, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, RICHARD L. THUMMA KIMBERLY A. CLARK Defendant(s). TO: RICHARD L. THUMMA 17A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-4842 CIVIL Apd123,2004 KIMBERLY A. CLARK 17A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT,4 DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 17A WEST GLENWOOD DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Shefif£s Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,465.42 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 Sheriff's Sale, you must take immediate action: k The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you 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. I. If the Sherifl~s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 l 5) 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 (7 l 7) 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 (masons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: In accordance with survey of Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of Glenwood Drive (Wes0, which point is 332.56 feet North of the northwesterly corner of Erford Road (Wes0 and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, Block "H" on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 63 degrees 30 minutes West and through the center of a partition wall and beyond 115.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H" North 26 degrees 30 minutes East 37.5 feet to a point at dividing l'me between Lot Nos. 4X and 5, Block "H" on said Plan; thence along said dividing line, South 63 degrees 30 minutes East 115 feet to a point on the westerly line of Glenwood Drive (West) aforesaid; thence along same, South 26 degrees 30 minutes West 37.5 feet to a point, the place of Beginning. BEING Lot Number 4X, Block "H", on Plan No. 10, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 47. HAVING THEREON erected a dwelling house known and numbered as 17 A Glenwood Drive (West) .... ~: UNDER AND SUBIECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. TAX PARCEL # 09-16-1050-286 TITLE TO SAID PREMISES IS VESTED IN Richard L. Thumma and Kimberly A. Clark, joint tenants with the right of survivorship by Deed from Michael W. Weaver and Gall P. Weaver, husband and wife dated 7/28/95, recorded 8/9/95, in Deed Book 126, Page 516. IN TI~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION VS. RICHARD L. THUMMA KIMBERLY A. CLARK ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 01-.4842 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 April 27~ 2004 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 16, 2004 FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff ~- ~.~.~ ~ o~ ~ $ 01-200 ~ ,J00a~00377 ~pR27 2004 ~ MAILED FROM ZiP CODE 9!0:5 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINT~F GMAC MORTGAGE CORPORATION VS. RICHARD L. THUMMA KIMBERLY A. CLARK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NC}. 01-4842 CIVIL VRR IFIC A TION I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) RICHARD L. THUMMA and KIMBERLY A. CLA~LK on May 6; 2004 at 17A WEST GLENWOOD DRIVE, CAMP HILL, PA 17011, in accordance with the Order of Court dated, December 13; 2001. The undersigned understands that this statement is made sub)ect to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. F1L~tNK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTII~F DATE: August 18, 2004 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA VS. RICHARD L. THUMMA KIMBERLY A. CLARK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 01-4842 IlL0 1 1 2001 t,,', ORDER AND NOW' this /3 day o f ~-t2~&2001, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), RICHARD L. THUMMA and KIMBERLY A. CLARK, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last I<nown address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service. ! _~RUE COPY FROM RECC~g II /¢,~q~mol!y ~.','l~:r£of, I here unto set my hand and/~ seal of s~d Co,mat Carlisle, Pa. [ ~ HolhO~ta~ /~ ' BY THE COURT: 4160 3901 9848 4533 3596 TO: KIMBEI~H A. CLARK ' 17A WEST GLENWOOD DRIVE CAMP roLL, PA 17011 . SENDER: TEAM2 SPL REFERENCE: RICHARD L. THUMMA RETURN RECEIPT Certified Fee SERVICE Return Receipt Fee & Fees US Postal Service . Receipt for Certified Mail No Insurance Coverage provided Dc NOt Use for mote national Mail 71611 3901 9848 4533 4081 TO: B~C~AAID L~ T~MA · 17A WEST GLENWOOD D~ C~P HILL, PA 17011 SENDER: TE~2 SPL ;REFERENCE: ~c~ L. T~ R~RN Pos~ RECEIPT Ce~[fied Fee COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Gmac Mtg Corp is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue ora writ Execution issued on the 26th day of April, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4842, at the suit of GMAC Mtg Corp against Richard L Thmnma & IGmberl¥ A Clark is duly recorded in Sheriff's Deed Book No. ~65, Page 2606. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ZaP day of Dt.~d.,o-~ , A.D2004 Recorder of Deeds GMAC Mortgage Corporation VS Richard L. Thumma and Kimberly A. Clark In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4842 Civil Term R. Thomas Kline, Sherift; who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Richard L. Thumma, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND. The defendant moved from 17A West Glenwood Drive, Camp Hill, PA 17011 more than four years ago. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 8:41 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defimdant, to wit: Kimberly A. Clark, by making known unto Kimberly Clark, personally, at 34 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 8:22 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard L. Thumma and Kimberly A. Clark located at 17A West Glenwood Drive, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit.' Kimberly A. Clark, by regular mail to her last known address of 34 Mallard Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 16, 2004 and never returned to the Sherift~s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that aRer due and legal nntice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Re, ad, Suite 150, Horsham, PA 19044-0969 being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $922.91. Sheriff's Costs: Docketing $30.00 Poundage 18.10 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 19.24 Levy 15.00 Surcharge 30.00 Law Journal 335.15 Patriot News 309.43 Share of Bills 30,49 Distribution of Proceeds 25.00 Sherif£s Deed 39.50 $ 922.91 Sworn and subscribed to before me So Answers: This ~ dayof 2004, A.D.(~ff~,,,,. ~ ~ ~ft,_~ ~'~' R. Thomas Kline, Sheriff ' Pr/othonotary ' BYdt~t~~ Real Est~tgJDeputy GMAC MORTGAGE CORPORATIO~N Plaintiff, Vo RICHARD L. TttUMMA KIMBERLY A. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4842 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, 17A WEST GLEN1VOOD DRIVE~ CAMP HILL, PA 17011. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD L. THUMMA 17A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 KIMBERLY A. CLARK 17A WEST GLENWOOD DRIVE 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: Nanqe WANDELL JUIANNE Last Known Address (if address cannot be reasonably ascertained, please indicate) 365 PETERSBURG ROAD CARLISLE, PA 17013 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) None 5. Name and addre, ss of every other person who has any record lien on the property: Nanle 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. Last Known Address (if address cannot be reasonably ascertained, please indicate) Nolle 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: $~e Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 17A WEST GLENWOOD DRIVE 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. April 23, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, RICHARD L. TItUMMA KIMBERLY A. CLARK Defendant(s). TO: RICHARD L. THUMMA 17A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-4842 CIVIL April 23, 2O04 KIMBERLY A. CLARK 17A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 **THIS FIRM IS.4 DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT.4ND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. 1F YOU HA VE PREVIOUSL Y RECEIVED A DISCH.4RGE IN BANKRUPTCY.4ND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GA1NST PROPERTY. * * Your house (real estate) at, 17A WEST GLENWOOD DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland Comity Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,465.42 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 Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs ~md reasonable attorney's fees due. To find out how much you must pay, you may call: {215} 563-7000. You ~nay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judt~ment 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 i~eed an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the SheriWs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 mount 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 thc 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 Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: In accordance with survey of Gerrit J. Beet Associates, Inc., Engineers and Surveyors, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the westerly line of Glenwood Drive (West), which point is 332.56 fe North of the northwesterly corner of Erford Road (West) and Glenwood Drive (West) and at dividing line between Lot Numbers 4 and 4X, Block "H" on the hereinafter mentioned Plan of Lt thence along s~fid dividing line, North 63 degrees 30 minutes West and through the center of a partition wall and beyond liS.0 feet to a point; thence along dividing line between Lot Nos. 22X and 23, and 4X, Block "H" North 26 degrees 30 minutes East 37.5 feet to a point at dividing line between Lot Nos. 4X and 5, Block "H" on said Plan; thence along said dividing line, South 63 degrees 30 minutes East 115 feet to a point on the westerly line of Glenwood Drive (West) aforesaid; thence along same, South 26 degrees 30 minutes West 37.5 feet to a point, the place of Beginning. BEING Lot Nmnber 4X, Block "H", on Plan No. 10, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 47. HAVING THEREON erected a dwelling house lo~own and nnmbered as 17 A Glenwood Drive (West). --- -~ UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. TAX PARCEL # 09-16-1050-286 TITLE TO SAID PREMISES IS VESTED IN Richard L. Thuum~a and Kimberly A. Clark, joint tenants with the right of survivorship by Deed from Michael W. Weaver and Gall P. Weaver, husband and wife dated 7/28/95, recorded 8/9195, in Deed Book 126, Page 516. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4842 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 RICHARD L THUMMA AND KIMBERLY A. CLARK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y~u are a~s~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n of GARNISHEE(S) as fbllows: 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) Ifpr~perty~fthedefendant(s)n~t~eviedup~nansubjectt~attachmentisf~undinthep~ssessi~n of anyone other than a named garnishee, you are directed to notify t~im/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $63,465,42 L.L. Interest FROM 10/27/01 TO 9/8/04 (PER DIEM - $10.43) - $10,930.64 AND COSTS At~y's Comm % Due Prothy $1,00 Atty Paid $1033.17 Other Costs Plaintiff Paid Date: APRIL 26, 2004 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PItILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 12248 Real Estate Sale #12 On May 14, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 17A West Glenwood Drive, Camp Hill, more fully described on Exhibit "A' filed with this writ and by this reference incorporated herein. Date: May 14, 2004 Real Estate Deputy THE PATR/OT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Peunsylvaina, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to/aw, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pe~msylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pemxsylvania, 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/ur Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegatious of this statement as to the time, place and character of pnblication 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 Pah'int-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 COPY ALE#12 Sworn to and subscribed before meJt'ff~3rd day of Auga'~t 2004~D. J O~y o~ Harrisburg, DouHI'I,~'C'-&~iIX,,,'[',~,,. ~./(/,., ' ~ -- J My Commission Expires June 6, Lt'l~ J'~x'~ ru~,i~. Member, Pennsylvania lllo~,'~lt~l~t~n expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 309.43 Publisher's Receipt for Advertising Cost mid ~ ~4~ isher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ledge 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 puhlication 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 16, 23, 30, 2004 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 E~TATE ~ALE NO. 12 Writ No. 2001-4842 Civil GMAC MoI~tgage Corporation vs. R/chard L. Thumma arid Klmberly A. Clark Atty.: Frank Federman ALL THAT CERTAIN tract or par- cel of land and prem/ses, situate, lying and being in the Township of East Pennsboro in the County of Cum- berland and Commonwealth of Penn- sylvania, more particularly de- scribed as follows: In accordance with survey of Gerr~t J. Betz Asso- ciates, Inc., Engineers and Survey- ors, dated August 29, 1977, as fol- lows, to wit: BEGINNING at a point on the westerly line of Glenwood Drive {West). which point is 332.56 feet N_or_th o~ the n?rt_hw_este_r!y_ corner SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 NO'~. SEAL LOIS E, SNYDER, Notan/Public Carlisle Bore, Cumberland County My Commission Expires March 5, 2005