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HomeMy WebLinkAbout01-4843FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION i617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 350, HORSHAM, PA 19044 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01-ct?cl'.t Ci.~..~'-'~-.o.~.~ RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintifl: You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 #: 306637467 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. § 1692 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 500 ENTERPRISE ROAD SUITE 350, HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/28/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1548, Page 594. By Assignment of Mortgage Recorded 3/24/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 640, Page 1091. 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 2/1/01 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 1/1/01 through 8/1/01 (Per Diem $15.07) Attorney's Fees Cumulative Late Charges 5/28/99 to 8/1/01 Cost of Suit and Title Search Subtotal $84,604.97 3,209.91 4,000.00 190.91 550.00 $92,555.79 Escrow Credit 0.00 Deficit 1,195.70 SubtotaI $1,195.70 TOTAL $93,751.49 The attorney% 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 $93,751.49, together with interest from 8/1/01 at the rate of $15.07 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 Loan No: 088892_51 Borrower: RONALD L, KELLER Tax Parcel [dcutificatk]n Number: 43030065042 ~ ,. 1t08[~'ll P-.-Z.I.E.0LER F E;Ob' >D E'P,. OP'DE DS CUHBERLAND COUNTY-PA- .' fB9 J'UN '8 ':FID .iii )?. Data ID: 946 ACCUBANC MORTGAGE CORPORATION EO, BOX 809068 DALLAS, TEXAS 75380-9068 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on the 28th day of May, 1999. Thc mortgagor is RONALD L. KELLER AND CLAUD[NE KELLER, HUSBAND AND WIFE wb_ose address is I073 GRAHAMS WOOD ROAD. NEWVILLE, PENNSYLVANIA 17241 ("Borrower"). This Security Instrument ~s given to ACCUBANC MORTGAGE CORPORATION, A CORPORATION, which is organized and ex, ting under the laws of the State of TEXAS, and whose address is 1'.2.2.77 MER1T DRIVE, #600, EO. BOX 809089, DALLAS, TX 75251 ("Lender"). Borrower owes Lender thc principal sum of EIGtITY-SIX THOUSAND THREE HUNDRED and NO/100-----Dollars (U.S. $ 86~300.00). Th/s debt is evidenced by Borrower's note dated the same date as this Security lmtrument ("Note"), which provides for monthly payments, with the t*ull debt, if not paid earlier, due and payable on June...l, 2029. This Securi~ Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all rcuewals, ertonsiom and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security lnstrumem; and (c) ~he performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following de. scr~ed property located in the City of NEWVILLE, CUMBERLAND County, Penmylvania: SEE LEGAL DESCRIPTION A'TTACHED HERETO AND MADE A PART HEREOF PENNSYLVANIA - Single Fa.~¥Fam'de Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 ,594 which has the address of 1073 GRAHAMS WOOl~tre~OAD' c~ylNEWV[LLE, Penn'v~"ania [~7~4~I ("Property Address"; TOG L"FFIER WriI4 all ;he Unprovemcnts now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and addifiom shall also be covered by this Security lnstrumcm. All of the foregoing is referred to in this Security InStrument as the "Property." BORRO'O, mR COVEN^h'rs that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and lhat the Property is unencumbered, except for encumbrances of record. Borrower warrants and ~,~'ill defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THiS SECURITY INSTRUME~h~I' combines uniform covenants for national usc and non-uniform covenants v,/th limited variations by jurisdiction to i:onstitfltc a mfilbrm security instrument coveriz/g i'cal properly.' .... UNIFORM COVE.NAN'rS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt c'v/deaced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Sub, jeer to applicable law or to a written waver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note i.s paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Properly; (b/ yearly leasehold p~'ments or ground rents on the Properly, if any, (c) yearly hazard or property insurance premiums; (d yearly flood insurance premiums, it' any; (e) yearly mortgage insurance premiums, ff any; and (O any sums payable by Borrower to Lender, in accorflancc with the provisions of paragraph 8, in lieu of the payment of mortgage insurance prermums. Thc~e:llems.are_called."E~c_row. Items." _L~_nd__cr .may, _at any time,.collect and hold Funds in an amount not to exceed the maxunum amount a lender for a federally related mortgage loan may -F'cq~ir~- fcfr B6rrouTer's ~scYo.,,., accouht under the fedemI Real Estate Settlement Procedures Act of 1974 as amended Rom time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so. Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable e~t~mat~ of expenditur~ of future Escrow lterm or othem,'ise in accordance with applicabIe law. 'l'ne Funds shall bc held in an institution who~e deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower [or holding and applyinll the Funds, annually analyzing the escro? account, or.verifying the Escrow Items, unless Lender pays BOrrower interest on the Funds and applicable law permits Lender to .make such a charge. However, Lender may require Borrower to pay a. one-time charge for an independent real esiate tax reporting service used by Lender in connection (vith this loan unles~ app cable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,' Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower ~ind Lender.may agree in writing, however, that interesl- shall bc paid on the. Funds. · Lender shall give to Borrower, u, fthout charge, an annual accounting .of the Funds;' showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. ]-ne Funds are pledged as additional security for all sums secured by tl-~s Security Instrument. It' the Funds held by Lender exceed the amounts permitted to be held by applic'_,lble law, Lender shall account to Borrower for the excess F~nds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at ar6' time is not suffic/ent to pay the ~crow Items when flue, Lender may m notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of' acquisition or sale as a credit against the sums secured by this Security Instrument. _3.. Application of Payments. Unless applicable law provides othem, ise, al pavmen s received by Lender under paragrap~ 1 a~2 s~a-~ ¢e aPriOri:, hsst, lb-any. ~)rel~a~,m~-t~t charge--due hh'der the I%te; sgcoz{d th ~,~o6hts p~vahle ...... under paragraph 2; third, to interest duc; fourth, to pr{ncipal due: and last, Io any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attribulable to the Property which may altain priority over this Security Instrument, ~nfl lca.sehold payments or ground rents, ff any. Borrov.,er shall pay these obligations [n the manner p~'ovided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall prompt.ly furnish to Lender all notices of amounts to be paid under this paragraph. ]f Borrower makes these payments directly, Borrower shall prompt.ly ~urnish to Lender receipts evidencing thc payments. Borrower shall promptly discharge any hen which has priority over this Security Instrument unless Borrower: agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith thc lien by, or defends against enforcement of the lien in, legalproceedings which in the Lender's opinion operate to preventAhe enforcement of the lien; or (c) secures from Ihe holder of the lien an agreement satisfactory to Lender subordinating thc lien to this Security Instrument. if Lender determines that any par of' he Properly'is sul~ject to a lien which may attain priority over this Security [n.strument; L~nd~:r may g~('[:;Bbrrowe{' a notice identifyihg the lien.. Borrower shall sat£st~, the lien or take one .or more of.the actions scl. fqr. h. a¥'v~?ithi~' I[30ys of he giv ogiff ~.ot ce. '. 00 IfZl Loan No: 08889251 Data ID: 946 5. Hazard or Property Insurance. Borrower shall keep the tmprovcmenB now exSting or herca~er erected on the Property insured against loss by fire, hazards included within thc term "emended coverage" and any other hazards, including floods or tlooding, for which Lender requires insurance. TI,As ~surance shall be manta.toed tn the arnounm and for the periods that Lender requires. The insurance carrier providing the imurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to r~aintain poverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's righ~ in the Properly in acc:ordance ~th paragraph 7. All insurance 'policies and renewals shall be acceptable to Lender and si~alt include a standard mortgagee clause. Lender shall have the right to hold the policies and renewals. If Lender rcquh'es, Borrower shall promptly g~ve to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower othemAse agree in writing, insurance proceeds shall be app[iod to restoration or repaff of the Property damaged, if the rastoraton or repatr is economi~t~lly feas~le and Lender's sccudty is r~t lessened. If the restoration or repair is not economically feasible or Lender's security would bo lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the procce,.is to repair or restore the Property or Io pay sums secured by this Security Instrument, whether or not then due. The 30qlay period will begin when the notice is given. Unless Lender and Borrower otherwise agrce in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragrapl~ 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies an0 proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender tn the extent of the sums secured by this Security instrument immediately prior to thc acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Prol~rtT; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish and use t~.e Property as Borrower's principal residence within sixty days after thc execution of this Seanr/ty Instrument and shall ceminue to occupy the Property as Bogower's princ/pal residence for at least one year after the date of occupancy, unless Lender othemOSe agrees in writing, which consent shall not be unreasonably wittthcld, or unless extenuating circumstances exist wi~ch are beyond Borrower's control Borrower shall not destroy, damage' or impair the Properfyl.allow the Property to.deteriorate, or commiI waste on the Property. Borrowcr shall lie in default ff any forfeiture action or proceeding whether civil or criminal, ~ begun that in f~nder's good faith judgment could result in forfeiture of th~ Properly or otherwise materihll~, !inp~iir the li~n created by this Security Instrument or Lender's s~:curity interest. Borrower may cure such a default and reinstate as prm,'idcd in paragraph 18, by causing the action or proceeding to b~ dismissed with a ruling that, in Lender's g~od faith determination, precludes [orfeiture of the Borroxver's interest in the Property or other material hnpab'ment of the l/an created by ti~ Security Instrument or lender's security interest. Borrower shall also be in default ff Borrower, dunng the loan applimtion process, g~ve materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidc~need by the Note, including, hut not limited to, representationS concerning Borrower's occupancy of the Property as a principal residence, if t~s Security Instrument is on a leasehold, Borrower shall comply with all the provisions o[ the lease, ff Borrower acquires fee title to the Properly. the lcaschcld and the fee title shall not merge unless Lender agi'ces to the merger in writing. 7. Protection of Lender's Rights in the Property, If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Properly (such as a proceeding in bankruptcy, probate, for /:ondemrmtinn or t'offeitum or to enforca laws or regulations), then Lender may do and' pay for whatcver i~ necessary to protect the value of the Property and Lender's rights in the Pro~eny. Lender's actions may include paying any sums secured by a lien wh/ch has priority over ttm Security Instrument, appearing in court, paying reasonable attorney~' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does no~ have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Imtmmem. Unlc.~ Borrower and Lcndar a~ee to other terms of payment, these amount~ shall bear interast fi.om the d~te Of disbu, mc~ent at thc Note rote and si'tall be payable, w/th i~,tere.st, upOn notice fi.om Lender to Borro~ver requesting p~ym6ni. Form 3039 g/go (Page 3 of ? Pages) 8, Mortgage Insurance. If Lender required mortga~,a insurance as · t~his Sec-ur/t[ Instrument Borrower shall pay the ~remium_q ~,m;r~.cl .... . .a los,delos of matting the loan secured by r~r any r~:ason, the mortgage insurance coverar, e /e,,uired by/-27.;;2.",~ .,o.m~am me mortgage insurance [n effect· If, ~ prermurns required to obtain covera.~e suhst~ntia~ p~uiv;,~'~.~'~[~Ps~'~?r cei~ses to be !n effect Borrower sba l pa ~ub~tantially cqu~ralem to the co~t Io Borrowe f th~ mc~r~tma~.~. ;~o . g.g .rance pre~oudy m effect, at a cost !ns.urer.apptoved by Lender. If substantially equNalem mortga e imuranco c v ' '. ~h,t~ n.~aer each month a sum equal to one-twelfth of the vearg~ ........... _o erage is not ~,vm'labt~, Borrower shall pay /iCyn me msur.a, ace coverage .lapsed or ceased to be in eff~t :L~'~'~'~r~..~, ,_n~urance prom!urn being paid by Borrower. ~y Lend~ again becomes raavg:il~a~letnaen~°~tt~nneddf°rB~reroP~w~°~t.t .h~.' Leoder reqnir~)Crovi~i by an°r~}:rnxtt:pI~prn~;~- · r sneer pay the prcm/ums required to maintain mortgage !: insurance in effect, or to provide a loss reserve, until the requirement for mortgage insuranco ends in accordance with any written.agreement behveen Borrower and Lender or applicable law. ~, Inspection. Lender or its agent may make reasonable entries upon and in~peetinns of the Property. Lender shall give Borrower notic~ al the time of or pr or to an inspection specifying reasonable cause for the ~ns ¢ct 10, Condemnation. The proceeds of any award ~r r'lai~ k'~ a~ -. ' p ion. any condemnation or other taking, of an,, "art .4~ ~._ ~,.£2£.;Z~'' '~; aamag~;, aa'ecl or. consequential, in connection with In the'event of a total tek ng of the Property, the proceeds shall be a lied lmtrument, whether or no then due ..,~,h ~,~. ~.. .~ ~. pp ' to the ~urns secured b this Se ' m which the fair market value of the Property immediately h~.t',~,. ~,~ , }_n. th? event, of a pamal taking of the ~opertv .............. anmg ~s equal to or greater than the amount [he s~'ns secured by this Security Instrument immediately before the takin u ?..wry. nB, the:sums s~urexLby ~ .Security Instrument shah ~ -~-~ ..... g,.~nle~ Borrower and Lender otherwise agree meowing fraction: (a) the total amount .,~ ,/.~ ---- -~- ' ?~ -~' ~,.y~_.oy m~e~amount of the proceed.q multiolled bv-lht- val~e of the Property ~mmed~ate y before the akin,, Any ha anc- -~-~ ~ re t. he taking, di~hded by Co) the fa~ market taking of the Property in which the fair ~,~,-~--~ -~[.,o ':-,- -,- ~ * aaa, ?e para lo Borrower. In the event of a art amount of the sums Secured mined a ely '~r~e' ~j"~ak~;ja~x-r~P%rty mmediately before the Inking g ess thaPr~ t~ae1 unless applicable ~aw otherwise -roy/des,' tbe -roceed.,~--'~2'~',-u~mess~p°,r[°w.er and Lender otherw~ agree in w~ lin or whether or not the sums are th~ due ~ ~.~, aaaa u~ appaeu m me sums secured by this Security lrmru~ent .. If the Property/s abandoned by Borrower, or if, after notice by Lender to B to .mak? a9 award or settle a claim for damaves, Borrower fai~s ............ orr~w~r that the condemnnr offers notice m gr,'on, Lender is authorized, ,¥,,.%, ~.~ , ,~, ~punu.m ~et)ner ~thin 30 days after the date he the Property or to the sun~ ,ecured [°v ~'~"~c~g~t.,ap~P~..?l-e??c?', ~' at its option, edher to restoration or repair of or .... ome-si~, t~e,nder.and Bpr.rower otberw~se agree m wrmng, any ap lic~tion of plo 9ds to. princi al .shall not extend' payments. . . . · , ~- nd 2 or change t~e amount of such ,._. i. 1. B?row~r ~ot .Released Forbearance By. Lendec hot a Waiver ' F-xtena' " :" o.f ,,gonowcr shall, not operate to relea~ the llabit~,-, of ~,,.,,,~, n~-- ~ ' r . rc~t . othc~..~ ..... ,I. . . ~.v,'~.~.~.~m~ against any suer. oasdi n nnerest or rcfuseo ex~e d ' for ~e~t not bca waiver of or preclude the exercise of any rig~l[";r r;~..ce dy t.enoer m ~xcrc~mg any nghi or remedy shal/ 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Secur/ty Instrument shall bLnd ,a_nd benefit the successors and assigns of Leu * g[omv~[~knseo~.f...P_~,gra.ph 17..~orrower s covenants and agreements shall b~ idiot andd~revaernadl B~_row~er, subject ,to thc obligated to pa57 the sums securei-~;;*;r;;a2~-[2Y~gy unaer me.t..~n~ of t~s S~xurity Instrument; (b) is'not Note without that Bo~:rower's 'consent- --: ~J}~'4~ ~m r?gar_o t.o t? ?~rms of th~ .S~c~ uri~ Instrument or thc 13. Loan Charges. If the' loan secured by this Security [ratrument ~ subject to a law which set~ maxmlum loan charges, and that law is Finally interpreted so that the mtcre~t or other loan charges collected or to be collected in connection with thc loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by thc amount nec~saty to reduce the charge to Ihc peris/tied th'n/t; and Co) any sums already collected &om Borrower which exceeded permitted limits will bc refunded to Borrower. Lcndcr may choose to make this refund by reducing the principal owed under thc Note or by mak/ng a direct payment to Borrowe~-. If a refund reduces principal, thc reduction will be treated as a partial prepayn~em ~thout any prepayment charge under thc No c ..14'. Notices, An} notice to Borrower provided for in this Security Instrument shall be Jvc ' by mailing ~t by first class marl unless annl/cable law r~.-u;-~- ,,~ _r ..... ' .... g n by delivering it or Property Addre~ or a'~ nth .... t,t.~,, ~r[ ....... ~.t -~..~ .~:,~ yt mvamcr methoa, thc notw. e shall be directed to the firs[ class mail to Lender's address stated here n or ' a~r .,tau x g~en by any other address Lender designates by notice to Borrower. Any n?t~ce pro;'~ded for m this Security Imtr~mcnt shall b,e decrne~t to have been given o Borrower or Lender-when given . as provided in this paragraph. , - . .. ,.. , 15. Go*erning Law; SeverabiUty. This Security [mtramem shall be govcm~:t by'fed~ml law and the law' of thc jurisdiction ~'1 wh/ch the Property .~ dented. In :* Note COnflicts w/th applicable lgw, such dorL.qict shall not affeci o her provis ohs of IhLs Security In.{tr/amcm or tt~e' Note which can be g~ven effect Without thc conflicting provision. To this end thc proviqom of this S~CUrity lmtrument and" thc Note are declared to be severable·· 16. Rorrm,ver's Copy. Borrower shall be given one c~rfformcd copy of the Note and of t~q Secuhty Instrument. Lean No: 08889251 Data ID: 946 17. Transfer of the Property or a Beueflclal Interest i. Borrower. f a I or any part of the Property or any interest in it is sold or transferred (or f a bent/To a mere.st in Borrower is s01d on"tra,?~f~rred and. Borrower is not a natural erson) without Lender's prior written consent, Lender may, at its option, re'qui3e, immediate'p',lyment in full of all su~sPsecured by this Security Instrument. However, thts optton shall not be exerckqed by Lender tl exe[cnse ts proi'fib ted by federa law as of the date of thi.{ Secufi}y Instrument. If Lender cxerc~es this option, Lender shall give Borrower notice of hcceleration. 'The nonce shall provide a period of not [ess than 30 days from the date the notice is dcl/vered or mailed within which Borrower must pay ali ~ums secured by his Securiw Imtrument. If Borrower fail~ to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by th/~ Security lmtrumem without ~rther notice or demand on Borrower. 18. Bor. m,,'er's Right to Reinstate, If Borrower meets certain conditiohs, Borrower sha[i have thc right to have enforcement of tb.B Security Instrument discontinue-~, at any tune prior to thc earlier of: (a) 5 ~ys (or such other period as applicable law may specify for reimtatement) before sale of the Property pursuant to any p2wer ut sale contained in thi~ Security Instrument; or (b) entry of a judgment enforcing ~hts Security Instrument. those conditions are that Borrower: (a) pays Lender all sums wh,ch~th.cn ~would .b~e due under, t~h.s..S..e.c~us~.,lq~i-~cr~moaenvst a~p%toheeJs°~Srr~nm° enforcing this Security nstrumen, nc udin~, but not limited to, reasonable attorneyS' fee~; an~ (d) takes such action as Lender may reasonably requ re to assure ~i~at the }ien of this Security Instrument, Lender s rights in the Property and Borrower's ob' tion to pay the sums secured by t.h~ .~'umy Imtrumen. t s~ll.,mnt..m.~e~ ,m'i.c~_Ig.,e~=- ~ ~t~rn~r%m'.%~%amfio~n~ had occurred. Howc,'er this right.to reinslate shag not apply in thc ca-se of acceleration under paragraph 17. 19. Sale of Note; Change o1' Loan Servicer. The Note or a partial interest in the Note (together with this · ma be sold one or more times without prior notice to Borrower. A sale may result in a chanl/e h,e a change of the Loan Serdcer, Borrower w~l be given written notice of the change in accordance with para~aph 14 above and applicable law. The notice w/Il state the name and address of thc new Loan Servicer and the address to which payment~ should be made. The notice will also contain any other information required by applicable ]aw. 20, Hazardous Substances. Borrower shall not came or permit the presence, use, d~posal, storage, or release an Hazardous Substances on or n the Pronerty. Borrower shall not do nor allow anyone else to do, anything °f~-a~n[o ,'~e Proner~ that is in v/olatio, of any l~nviJonmenml Law. The preceding two sentences shall .,not apply.roi.he a.-~-~-o --- r .r ---- '"'~ n-o~err- of small ,~uantities of Hazardous Substances that arc generaay recogmzau to be appropriate to normal residential uses and to mamtenance ut t~e rropertv.- . Borrower shall promptly give Lender written notice of any investigatian, claim, dert~nd, lawsuit or other action by any governmental or regulatory, agency or private par y invo vine the Proper y and any Hazardous Substance or nv~onmenta Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or gulatory authority, that any removal or other remedlat:on of any Hazardous Substance affectmg the Property ts necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As usexl in this paragraph 20, "Hazardous Substances" are those substances defined as tox/c or hazardous substances by Env[ronmemal Law and the following substances: gasoline, kerosene, other flammable or tox/c petroleum products, toxic pesticides and herbicide, volatile solvems, materials containing asbestos or formaldehyde, and radioactive ..... · -~-:- -amish 20 "Environmen'ml Law" means [ederal law and laws of the jurisdiction where the Nos-Um~:o~ Covas^/,rm. Borrower and Lender further covenant ana agree as rouo · 21. Acceleration; Remedies. Lender shall give notice m Borrower prior to ucreleratio~ following Borrower's breach of any covenant or agreement in this Serurit~ l~strument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; {b) the action required to cure the default; (e) when the default must be cured; and (d) that falfure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument,, foreclosure b~ judicial proceeding and sale of the Property, Lender shall further Inform Borrower of the right to reinstate after acceleration and the dirt to assert in the foreclosure proceeding the non-exlaamce of a default or any other defense of Borco~er to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require tmmedlato payment ia full of all sums secured by this Security Instrument without further demand and may foreclose this Securlt]' Instrument by judicial proreedlng. Lender shall be entitled to collect all expenses incurred M pumuing the remedies provided in this paragraph 21~ including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law. .~ 22 Release. Upon payment of all sums secured by his Security in. strument, this Security Instrument and the estate conveyed shall termmatc and become void. After such occurrence, Lender shall discharge and satis[y this Securi y 23, Waivers. Borrower, to the extent permitted by applicable law,- waives and releases any error or. defects,.in roceedin to enforce this Secori y Instrument, and hereby waives the benefit of any present or future laws prov/ding ~gr stay ol~execution extension of time, exc_m,.ption from attachment, levy and sale, and homestead exemption. ~. Reinstatement Period. Borrowers time to' rein.state prov/dcd in para~,~ph 18 she. ll.m'~end to one hour'prior to the commencement of bidding at a sheriff's sale or other sale pursuant to Ibm Security instrument. 2.5. Purchase Money Mortgage. If any of thc debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 2/;. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered Form 3039 9/90 (+Page 5 of 7 Pages) 27. Riders to this Security lnsl~tm~lt, l~on~or more .'ndL,~s are executed by Borrower and recorded together with thia Security Instrument, the covenants and agreemen~ of each such rider ahall be incorporated h~to and shall amend and supplement the Covenants and agreements of this Security Instrument as if the rider(s) were a pan of thL~ Secmrity Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider [] 1-4 Family Rider [] Graduated Payment Rider [] Planned Unit Development Rider [] B/weekly Pa).allent Rider 1'--[ ltalloon Rider C~ Rate Improvement Rider [] Second Home Rider [] Other(s) {spec/fy] BY S[ONING BELOW, ]~OrrOW~l' accepts and agreea to the terms and covenants contained in th/s Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness PrmtedName Printed Name .... ] ' Form~9 9/90 (Pa~o J=irsl Mortgage Loan Servicing PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 GMAC Mortgage Date: June 8, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ~;his is an official notice that the mortgage on your homc is in default, and the lender intends to foreclose. _Sp_egific information about the nature of the default is provided in the attached pages. The tlOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (tlEMAP) may be able to help to savc your home. This Notice explains how the program works. Tos~g if HEMAP can help, you must MEET WlTtl A CONSUMER CREDYI' COUNSEl,lNG AGENCY ~'ITHIN 30 DAYS OF THE DATE OF 'rills NOTICE. Take this Notice with you when yon meet with the C~oup_sding Agency. Thee name, address and phone number of Consumer Credit Counseling Agencies serving your County are Ij~ted 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 contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIEICACION EN AD JUNTO ES DE SUMA IMPORTANC1A, PUES AFECTA SU DERECHO A CONT1NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIEICACION OBTENGA UNA TRADUCC1ON IMMEDIATAMENTE IJ,AMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al, NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBI~E PARA UN PRESTAMO POR EL PROGRAMA LI,AMADO "HOMEOV~ER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" El, CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEl, DERECDO A REDIMIR SU H1POTECA llOMEOWNER'S NAME(S): PROPERTY ADDRESS: CLAUDINE KELLER 1073 GRAHAMS WOOD RD NEW~;ILLE, PA 17241 LOAN ACCT. NO.: ORIGINAL LENDER: CURRI~N 1 1A~,N D I,,R/S ER '* I C I~,R 306637467 N/A GMAC Mortgage Corporation First Mortgage Loan Servicing PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 GMAC Mortgage Date: June 8, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided ia 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. 'I've see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSEl,lNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOT1CE. Take this Notice with you when you meet with the C o~un~se_ii~n g Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance ~gency.t011 free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT1NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFICACION OBTENGA UNA TRADUCC1ON IMME1)IATAMENTE LLAMANDO ESTA AGENCIA (PENNSYI,VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRI II;A. PUEDES SER EI,EGIBI,E PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EI, CUAI, PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECIIO A REDIMIR SU IllPOTECA IIOMEOWNER'S NAME(S): PROPERTY ADDRESS: RONALD L. KELLER 1073 GRAHAMS WOOD RD NEWVILLE, PA 17241 IA)AN ACCT. NO.: ORIGINAl, 1,ENDER: CURRENT I,ENDER/SERVICER: 306637467 N/A GMAC Mortgage Corporation FXHIBIT A IIOMEOWNER'S EMERGENCY MOR'I'GAGI"', ASSISTANCE PROGRAM _YOU MAY BE EI,IGIBI,E FOR EINANCIAL ASSISTANCE WtllCll CAN SAVE YOUR IlOME FROM FORECI,OSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WlTll TIIF, PROVISIONS OF TIlE IIOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSIS~I ANCE. IF YOUR DEEAULT IIAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABI,E TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTIIER ELIGIBII,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA 'IIOUSING FINANCE AGENCY. ];~MPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on yonr mortgage for thirty (30) days from the date of this Notice. Dnring that time yon mnst arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS ]~_IEETING MUST OCCUR WITIIIN Till,: NEXT (30) DAYS. IF YOU DO NOT APPI.Y FOR EMERGENCY ~{_ORq (,AGE ASS]ffI ANCE, YOU MUST BRING YOUR MORTGAGF. UP TO DATE. TIlE PART OF T] lis NOT]CF. CA!.!.ED "IIOW TO CURE YOUR MORTGAGE DEFAU1.T", EXPI.AINS ]lOW TO BRING YOUR _MORTGAGE Up TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If yon meet xvith one of the consumer credit connseling 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 mLmbers of designated consmner credit cmmseling agencies for the 9ounty in xvhich the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise yonr lender immediately ofyonr intentions. _APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set foxth later in this Notice (see following pages for specific information abont the nature of your default.) If you have tried and are nnable to resolve this problem with the lender, yon have the right to apply for financial assistance from the llomeowne~'s Emergency Mortgage Assistance Program. To do so, you must fill ont, sign and file a completed llomeowne?s Emergency Assistance Program Application xvith one of the designated consumer credit connseling agencies listed at the end of this Notice. Only consnmer credit cmmseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania ]lonsing Finance Agency. Yonr application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU _MUST EILE YOUR APPIJCATION PROMPll~Y. Il; YOU FAIL 'i'O DO SO OR IF YOU DO NOT FOLLOW TIlE OTHER TIME PERIODS SET FORTI! 1N ]'HIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATEI,Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available fimds for emergency mortgage assistance are very linfited. They xvill be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania ! lousing Finance Agency has sixty (60) days to make a decision after it receives yonr application. During that time, no foreclomre proceedings will be pursued against you if yon have met the time requirements set forth above. You w/Il be notified directly by the Pennsylvania lIousing Finance Agency of its decision on your application. F. XHIBIT A NO'I'E: IE YOU ARE CURRENTI~Y PROTECTEI) BY TIlE HI,lNG OF A PETITION IN BANKRUPTCY, TIlE FOI,I~OWING PAR]' OF ]'Ills NOTICE 1S EOR INEORMATION PURPOSES ONI,Y AND SItOUI,D NOT BE CONSIDERED AS AN ATTEMPT TO COLI,ECT TIlE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) H~OW TO CURE YOUR MORTGAGE DEEAULT (Bring it up to date). _NATURE OF ]'lie DEFAULT -- The MORT(;AGE debt held by the above lender is on your property located at: 1073 Grahams Wood Rd Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU ]lAVE NOT MADE MONTIlI.Y MORT(;AGE PAYMENTS for the following months and the following amounts are now past due: February 1, 2001 through June 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments 3,666.25 I.ate Changes 81.81 NSF o. o o Inspections 14.5 o Other Snspense 0.0 0 TOTAL AMOUNT PAST DUE: 3,762.56 B. YOU IlAVE FAII.ED TO TAKE TIlE FOI.I.OWIN(; ACTION (Do not use if not applicable): _HOW TO CURE THE DEFAULT -- Yon may c"um the defanlt xvithin TIIIRTY (30) DAYS of the date of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUE TO THE LI~NDER, % IlICH IS $ 3,762.56 , PI,US ANt' MORTGAGE PAYMENTS AND I,ATE CIlARGES WIlICII BECOMF, DUF, DURING TI II'; TtIIR'I¥ (30) DAY PERIOD. ~ym~ents must be made either by cash, cashier's check, ce~ified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 Yon can ca~m any other defanlt by taking the following action within TIIIRTY (30) DAYS of the date of this letter: LDo not nsc ifnot applicable.) Not Applicable IF YOU DO NOT CURE TIlE DEEAULT -- If you do not cnre the default xvithin TIIIRTY (30) DAYS of the date of this Notice, thee lender intends to exercise its rights to accelerate the mortgage debt. This means that the enti:e outstanding balance of this debt will be considered dne mnncdiately and yon may lose the chance to pay the mortgage in monthly instalhnents. Iffidl payment of thc 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 npon3our mortgaged property~ I_F_TIIE/%IORTGAGE IS FORECLOSED UPON -- The mortgaged property ,,viii be sold by the Sheriffto pay off the mortgage debt. If the lender refers yonr case to its attorneys, bnt you cnre the delinqnency before the lender begins legal proceedings against you, you xvill still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. llowever, if legal proceedings are started against against yon, 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 thc amoont you oxve the lender, which may also inclnde other reasonable costs. If yoa care the defanl, within the TIIIRTY (30) I)AYS period, yon wffi not be required to pay attorn~j.~[2~/81T~ OTIlI{R I,ENI)ER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and ali other sums due under the mortgage. R~I(,II 1 l O CURb, ~ HI,, DEI'AUI,T PRIOR TO SIILRII'I' S SAI,L -- If you have not cnred the default w~th:n the TIIIR'I5' (30) I)AY period and foreclosure proceedings have begun, ~gAk~till have the right to cure the default ~and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total ammmt t_h~ past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the fo~reclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by p~rfonning any other reqnirements under the mortgage. 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. ~RLIEST POSSIBI,E SIIERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale oftbe mortgaged property could be held xvould be approximately 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 you wait You may find out at any time exactly what the required payment or action will be by contacting the lender. ll~OW TO CONTACT THE LENDER: Name of Lender: Address: GM3%C Mortgage Corporation 401 Mile of Cars Way National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SAI,E -- You should realize that a Sheriffs Sale xvill end yonr oxvnership of the mortgaged property and your right to occupy it. Ifyou continue to live in the property afier the Sheriffs Sale, a lawsuit to remove you and your fi~mishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer yonr home to a buyer or transferee who will assume 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 MA_Y.AI~SO HAVE THE RIGHT: TO SEI,I, TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF Till! MORTGA(~E DEBT OR TO BORROW MONEY FROM ANOTtlER I.ENDING INSTITUTION TO PAY OFF TIIIS DEBT. TO IIAVE Tills DEFAUI,T CURED BY ANY TIIIRI) PARTY ACTING ON YOUR BEIIAI,F. TO IIAVF, 'Fill:, MORTGAGE RESTORED TO Tl 1F, SAME POSYI'ION AS IF NO DFJtAUI,T BAD O(JCURRED, IF YOU CURE TIlE DF, FAt J1,T. (IIOWIVVF, R, YOU DO NOT I IAVF, TtI1S RIGIIT 2'0 (,lIRE 5 OUR DEFAUI,T MORE TIIAN TI1RF, F, TIMES IN ANY CAI,ENDAR YF, AR.) TO ASSERT Till". NONEXISTENCE OF A DEEAUI.T IN AN5 FORF. CI .OSURE PROCEEDING OR ANY OTtlF. R I.AWSUIT INSTYI'UTI~D UNDER TIlI~ MORTGAGE DOCUMENTS, TO ASSERT AN50TIIF. R DEl ]:NS]'. 5 O1. BI:I.]I:~ l: 50U MAY IlAVE TO SUCII ACTION II5' TIlE I,ENDER. TO SEE, K PRO'I l',(A ION LN1)ER '1 IlL l' EI)ERAI, BANKRI,,I q (,5 I,A\%. _CONSUMER CRE1)IT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED "XHIBIT PENNSYLVANIA HOUSING FIN,4aNCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commialon for Community Action (STEP) 2138 Lincoln Street PO Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY CCCS of Northeastern PA 1631 South Atherton St., Suit~ 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 3234626 COLUMBLA COL~'NTY 31 W Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 8214785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-05 I0 or (800) 822-0359 FAX (570) 829-1665---(Call Before Faxing) (570) 455-4994 Hazettown FAX (570) 455-5631--(Call Before Faxing) (570) 836-4090 Tunkhannock (~RAWFQRD ¢O U%~FY CUMBERLAND CO L~TY Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, [nc. 2021 East 20~' Street Erie, PA 16510 (8 i 4) 898-0400 FAX (814) 898-I243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-I757 1400 Abington Executive Park Suite 1 Clark$ Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 58%9134-9135 Greater Erie Communit3' Action Committee 18 West 9~ Street Erie, PA 16501 (814)4594,581 FAX (814) 456-0 161 Shenango Valley Urban League, Mc. 601 Indiana Avenue Farrall, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3n Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harcisbu~ N. 6ta Street Haxrisburg, PA 17101 (717) 234-5925 FAX (717) 234=9459 Community Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 ~ (717) 243-381 $ FAX (717) 731-9589 Adams County Housing Aur..hority 139-I43 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 3344326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 F. XHIBIT A ALL THAT CERTAIN tract of land and improvements thereon, situate in Upper A[,'c~ Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING,at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No. %448), on the line of land now or formerly of Glenn Rickabaugh; thence along the latter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along the same, South 70 degrees of 220.99 feet to iron pin in the centerline of said'public road; thence along the latter the following seven courses and distances (1) North 20 degrees 42 minutes 31 seconds East, a distance of 53.05 feet; (2) North 34 degrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3) North 52 degrees 59 minutes 11 seconds East, a distance of 69.72 feet; (4) North 58 degrees 11 minutes 53 seconds East, a distance of 66.46 feet; (5) North 58 degrees 51 minutes 57 seconds East, a distance of 64.80 feet; (6) North 52 degrees 44 minutes 22 seconds East, a distance of 58.59 feet; and (7) North 49 degrees 38 minutes 36 seconds East, a distance of 67.64 feet to an iron pin in the centerline of said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan Book 73, Page72, and being designated thereon as Lot No. 3. HAVING thereon erected a dwellin known and numbered a~ IT BEING the same premises which Melvin P. Chestnut and Dottle M. Chestnut, husband and wife, by deed dated July 31, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 33, granted and conveyed unto Jeffrey A. DeFos~e and Jo Ellen De Fosse, husband and wife, Grantor(s) herein. UNDER AND SUBJECT, to use restrictions that there be n o burning of trash on the property, that no hogs may be kept at the premises, and that no more than one unlicensed vechicle may be maintained on the property, and to building set back lines as shown in Plan Book 73, Page 72. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and dghts of way of record, or visible upon inspection of premises. VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSUR~ SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEDERMAN AND PH~LAN 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 500 ENTERPRISE ROAD, SUITE 350 HORSHAM, PA 19044 Plaintiff, RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4843-CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RONALD L. KELLER, A/K/A RONALD L KELLER, SR. and CLAUDINE KELLER, 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 10/23/01 TOTAL $93,751.49 $1,250.81 $95,002.30 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 Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY .FEDERM3LN AND PHELA~N, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY RONALD L. KELLER, L. KELLER, SR. CLAUDINE KELLER Defendant (s) TO: A/K/A RONALD DATE : NO. 01~4843-CIVIL CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NA"WVILLE, PA 17241 OF NOTICE: OCTOBER 3, 2001 THIS FI~ IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ~ ATTEMPT TO COLLECT THE I~EBTEDNESS REFERRED TO HEREIN, ~ ~ INFO~TION OBTAINED FROM YOU WILL BE USED FOR T~T PURPOSE. IF YOU PREVIOUSLY RECEI~D A DISC~GE IN B~UPTCY, THIS CO~ESPO~ENCE IS NOT ~ SHOED NOT BE CONSTR~D TO BE ATTEMPT TO COLLECT A DEBT, B~ ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPOR ANT N TICE 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 .FEDERM3LN AND PHELA-N, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Pkiladelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPOPJITION Plaintiff vs. RONALD L. KELLER, L. KELLER, SR. CLAUDINE KELLER A/K/A RONALD Defendant(s) TO: ATTORNEY FOR PLAINTIFF : cOtmT COXMO PLF_ : CUMBERLAND COUNTY : NO. 01-4843-CIVIL RONALD L. KELLER, A/K/A RONALD L. KELLER, DELTA DRIVE I~ECHA_NICSBURG, PA 17055 SR. I:ILE DATE OF NOTICE: OCTOBER 3 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 AN]D SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT N T CE 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 FEDERStAN ~ 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 GMAC MORTGAGE CORPORATION Plaintiff vs. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s) TO: CLAUDINE KELLER 1 DELTA DRIVE M_ECHANICSBLTRG, PA 17055 ATTORNEY FOR PLAINTIFF cOURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-4843-CIVIL (-3 o DATE OF NOTICE: CTOBE 3 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 ~ INFOP/MATION 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. IMPORTi%NT 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) d~ys 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 CAR.LISLE, PA 17013 (717) 249-3166 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 (2t5) 56347000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY RONALD L. KELLER, A/K/A RONALD : NO. 01-4843-CIVIL L. KELLER, SR. CLAUDINE KELLER Defendant (s) TO: RONALD L. KELLER, A/K/A RONALD L. KELLER, 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 DATE OF NOTICE: OCTOBER 3, 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 wi~h the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s)· No. 01-4843-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/23/01 to 3/6/02 (per diem - 15.62) TOTAL $95,002.30 ~/ $2,093.08 and Costs $97,095.38 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. ~LL TH~AT CERTAIN tract of land and imprcvemen,~s thereon, s tuate in Upper A::c.: / £ra. nkfcrd Township, Cumberland County, Pennsylvania. bounded and described as follows: BEGINNING,at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No. T-448), on the line of land now or formerly of G~enn Rickabaugh; thence along [he latter, South 04 degrees 48 minutes 20 seconds East a distance of 338.00 feet ~o an existing stone; thence atong the same, South 70 degrees of 220.99 feet to iron pin Jn the centerline of said'public road; thence atong Ihe farter the following seven courses and distances (1) North 20 degrees 42 minutes 3I seconcs East, a distance of 53.05 feet; (2) North 34 degrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3) North 52 degrees 59 minutes 11 seconds East, a distance of 69.72 feet; (4) North 58 degrees 11 minutes 53 seconds East, a distance of 88.46, feet: (5) North 58 degrees 51 minutes 57 seconds East, a distance of 64.80 feet; (6) No~h 52 degrees 44 minutes 22 seconds East, a distance of 58.59 feet; and (7} North 49 degrees 38 minutes 36 seconds East, a distance of 87.64. feet to an iron oi~ in :,~e contadina cf said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according lo a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan Beck 73, Page72, and being designated thereon as Lot No. 3. HAVING thereon erected a dwelling kn. own and numbered as 1073 Grahams IT BEING the same premises, which Melvin P. Chestnut and Dcttie M. Chestnut. husband and wife, by deed dated July 31, 1997 and recorded in the Office ~ the Recorder of Beads in and for Cumberland County, Pennsylvania, in Oecd Bock 1~2. Page 33, granted and conveyed unto Jeffrey A. DeFcsse and Jo Ellen De Fosse, husband and wife, Grantor(s) herein. UNDER AND SUBJECT, to use restrictions that there be n o burning ~f trash :n the property, that no hogs may be kept at the premises, and that no more than one unlicensed vechicle may be maintained on the property, and to building set back lines as shown in Plan Book 73, Page 72. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants ard rights of way of record, or visible upon inspection of premises. GMAC MORTGAGE CORPORATION Plaintiff, RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-4843-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 ~1073 GRAHAMS WOOD ROAD~ NEWVILLE~ PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Nanle 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: NalBe 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. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 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. See. 4904 relating to unswom falsification to authorities. October 22, 2001 4~ 4~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, RONALD L. KELLER, A/FdA RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). CUMBERLAND COUNTY No. 01-4843-CIVIL October 22, 2001 TO: RONALD L. KELLER, A/FdA RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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 ~ 1073 GRAHAMS WOOD ROAD~ NEWVILLE~ PA 17241, 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 95~002.30 obtained by GMAC MORTGAGE CORPORATION (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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 /~LL THAT CERTAIN tract of land and imprcvemen,~s thereon. situate in Upper / ,Crankf'ord Township. Cumbe. Jand' County. Pennsylvania. bounded and described as follows: BEGINNING,at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No. T-448). on the line of land now or formerly of G~enn Rickabaugh; [hence along [he latter, South 04 degrees 48 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along Ihe same, South 70 degrees of 220.99 feet to iron pin in the centerline of said'public road; thence along :ha ia~er the following seven courses and distances (I) North 20 degrees 42 minutes 3I seconcs East, a distance of 53.05 feet; (2) North 34 degrees 03 minutes 30 seconds East, a distance of 7'1.11 feet; (:3) North 5:2 degrees 59 minutes 11 seconds East, a distance of 69.7:2 feet; (4) North 58 degrees 11 minutes 53 seconds East, a distance of (5) North 58 degrees 51 minutes 57 seconds East, a distance of 84.80 foci: .52 degrees 44 minutes 22 seconds East. a distance of 5859 feet; and (7i Ncrth degrees 38 minutes 36 seconds East, a distance of 87.64 feet to an iron centerline cf said public road, the pein[ and place of BEGINNING CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut. By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan 8cok 73. Page?2, and being designated thereon as Lot No. 3. HAVING thereon erected a dwelling k0own and numbered as 1073 Grahams Wood.$~j R o a~d_ ,~-,-L~teWVille., P_.enns.~L,a~.~[a~,~7~~ .4. !,~¢ IT BEING the same premises, which Melvin P... Chestnut and Dottie M. Chestnut. husband and wife, by deed dated July 31, 1997 and recorded in the Office s~ !he Recorder of Beads in and for Cumberland County, Pennsylvania, in Oecd 8cck Page 33, granted ac, d conveyed unto Jeffrey A. DeFcsse and Jo Ellen De Fosse husband and wife. Grantor(s) herein. UNDER AND SUBJECT, to use restrictions that there be n o burning of trash :¢, the property, that no hogs may be kept at the premises, and that no more than one unlicensed vechiole may be maintained on the properb/, and to building se~ back lines as shown in Plan Book 73, Page ?2. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants ard rights of way of record, or visible upon inspectJcn of lcremises. 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 Plaintiff, RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4843-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 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. 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 350 Plaintiff, RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4843-CIVIL 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 RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. is over 18 years of age and resides at, 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241. (c) that defendant CLAUDINE KELLER is over 18 years of age, and resides at, 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) L. KELLER, SR. GMAC MORTGAGE CORPORATION RONALD L. KELLER, A/K/A~,ONALD / CLAUDINE KELLER SERVE RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. AT 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 01-4843-CIVIL ACCT. #306637467 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 at ~;~"', o'clock ~.m., at /~73_ ~tg~'~$ of Pennsylvania, in the manner described below: ~' Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. SERVED l< ~;I (~ (r,.~, Defendant, on the /~ dayof ~L]O 0,, 200_~, Other: Description: Age ~-~-" I Height_~_~ Weight I, ~e~GL ~' ~, aco~etentadult, be~gduyswomaccord~gtolaw, depose ~d state ~tl personally handed a ~e and co,eot copy of the Notice of SheriWs Sale in the ~er as set forth herein, issued ~ ~e captioned case on the date and at the ad,ess m~cated abov~ ~O/ARIAL S~L Sworn to and snns ' . -~ before me tbs / ~Y/ ~C~~g~ or Wag 200 t. N0ta.:A ~~ By: NOT SERVED On the day of ,200__, at o'clock __,m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION 'DEFENDANT(S) L. KELLER~ SR. RONALD L. KELLER, AJK/A RONALD CLAUDINE KELLER SERVE CLAUDINE KELLER AT 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 01-4843-CIVIL ACCT. #306637467 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to C t~l 'J 4 \ ~ ~- at 4;~'~",o'clock~.m.,at /07-~ of Pennsylvania, in the manner described below: , Defendant, on the [~ ~ dayof 0~jO ~/'- ,200_[ 03**& (~X~-, , ~J~.~q~,;~[~,_.._ ,Commonwealth Defendant personally served. '~-Adult family member with whom Defendant(s) reside(s). Relationship is k,,aS~o*- ~ __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~'~]~;~' Height ~.~l/~ ~t Weight/40 ID, Race ~]~-Sex ~ Other ~$[~,$~e$,, ~,?-{ {A~,Ii~. I,~,/~,l ;~ ~,,~ C*.,~ - ] ~ , a competent adult, being duly sworn according to law. depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this t/~P'-day of ./b/a/~,"~ 2001. Ngtary:/n ~ ~ ~ By: NOTARIAL SEAL I G. BORY~A,,Nd Notary Public ~ na.mbers.burg B~, o, Franldin County I ~f~/~ ¢~1 MY u°mmlsm°n ExPires Dec* 1~,-'~f~- - I NOTSERVED , On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA / GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 350 HORSHAM, PA 19044 VS. No.: 01-4843-CIVIL RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on October 25, 2001 vacated upon payment of your costs only. A~ttomey for Plaintiff January 24, 2002 GMAC Mortgage Corporation VS Ronald L. Keller, a/k/a Ronald L. Keller, Sr. and Claudine Keller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4843 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 13.00 Levy 15.00 Advertising 15.00 Certified Mail Poundage 5.70 Postpone Sale Law Journal 141.40 Patriot News $ 290.80 paid by attorney Sworn and subscribed to before me This /q? day of ~ ~ 2001, A.D. Qf~ ..... (~ Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy J C~ GMAC MORTGAGE CORPORATION Plaintiff, V. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). CUMBERLAND COUNTY COURT OFCOMMONPLEAS CIVIL DIVISION NO. 01-4843-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ~1073 GRAHAMS WOOD ROAD~ NEWVILLE~ PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment:. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of'every mortgage of record: Sallie 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Oc o r , 001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER Defendant(s). CUMBERLAND COUNTY No. 01-4843-CML October 22, 2001 TO: RONALD L. KELLER, A/K/A RONALD L. KELLER, SR. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 **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 A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * * Your house (real estate) at ~ 1073 GRAHAMS WOOD ROAD~ NEWVILLE~ PA 17241, is scheduled to be sold at the Sheriffs 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 95~002.30 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property wilt 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amotmt due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Shefiffwithin 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 .,~LL THAT CERTAIN tract of land and imprcvemem's thereon, situate in Upper ~ / I=rankford Township Cumberland Counly, Peansy~vania, bounded and described as follows: BEGINNING,at an iron pin in the centerline of the pubtic road known as Grahams Woods Road (Township Road No. T-448), on the line of land now or formerly of G~enn Rickabaugh; thence along the tatter, South 04 degrees 48 minutes 20 seconds East a distance of 338.00 feet f:o an existing stone; thence along the same, South 70 degre=~s of 220,99 feet to iron pin in the centerline of Said public road; thence along the the following seven courses and distances (1) North 20 degrees 42 minutes 31 seconcs East, a distance of 53.05 feet; (2) NoAh 34 c~egrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3) North 52 degrees 59 minutes 11 seconds East, a distance of 69.72 feet; (4) North 58 degrees 11 minutes 53 seconds East, a distance of 88.46 fee!: (5) North 58 degrees 51 minutes 57 seconds EasL a distance of 84.80 fee.~; (8) ,",4crt.,'-, 52 degrees 44 minutes 22 seconds East, a distance of 28.59 feet; and (7) North 49 degrees 38 minutes 36 seconds East, a distance of 67.64 feet to an iron centedine cf said public road, the point, and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for Metvi~ Ches;nut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan Bock 73, Page72, and being designated thereon as Lot No. 3. HAVING thereon erected a dwelling known and numbered as 1073 Grahams Wocd.~_-.[ IT BEING the same premises, which Melvin P... Chestnut and Dottle M. Cheer. nut: husband and wife, by deed dated July 31, 1997 and recorded in the Offi,',ce ~ the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed 8cck 152. Page 33, granted and conveyed unto Jeffrey A. DeFcsse and Jo Ellen De F.csse, husband and wife, Grantor(s) herein. UNDER AND SUBJECT, to use restrictions that there be n o burning of trash =¢. the property, that no hogs may be kept al: ~he premises, and that no more than one unlicensed vechicle may be maintained on the property, and to building set back lines as shown in Plan Book 73, PaGe 7'2. UNDER AND SUEIJECT, nevertheless, to all restrictions, easements, covenam's ard dghts of way of record, or visible u.ccn [nspe~icn cf premises. WRIT OF EXECUTION, and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. 01-4843 CIVIL ~ Term CIVIL ACTION - LAW COUNTY: Mortgage Corporation PLAINTIFF(S) f~m Ronald L. Keller, A/K/A Ronald L Keller, Sr., Claudine Keller, 1073 Grahams Wood Road, Newville, PA 17241 DEFENDANT(S) (1) You are directedtolevyuponthe propertyofthedefendant(s) andtosell * Please See Attached Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If proportY of the defendant(s) not levied upon an subject to attachment is found inthe possess on of anyone other than a named garnishee, you are directed to notify hirrVher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 95,002.30 L.L. .50¢ Frcm 10-23-01 to 3-6-02 Interest (per di~; - 15.w,-r~' ~,*~ 093.08 o,~d CostDsuePr°thy $1.00 Atty's Comm O/o Other Costs Arty Paid $128.35 Plaintiff Paid Date: October 25, 2001 Curtis R. Long REQUESTING PARTY: Name Frank Federman, Esquire by: One Penn Center at Suburban Station Address: Attorney for: Telephone: Prothol~otary, Civil Division .... ,b 1Gl7 .lnhn ~ W:nng~] m~,,lm,~d__ - Suite 1400 Philadelphia, PA 19103-1814 Plaintiff (215) 563-7000 Supreme Court ID No. 12248 REAL ESTATE On November 01,2001, the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, known and numbered as 1073 Grahams Wood Road, Newville, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 01, 2001 By.~ ~j~ Real'Estate Deputy 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 thc 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 primed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ ESTATE 8ALI~ NO. 19 Writ No. 2001-4843 Civil GMAC Mortgage Corporation VS. Ronald L. Keller. a/k/a Ronald L. Keller. Sr. and Claudine Keller Atty.: Frank Federman ALL THAT CERTAIN tract of land and improvements thereon, situate in Upper Frankford Township. Cumberland County. Pennsylvania. bounded and described as follows: BEGINNING at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No. T ~18). on the line of land now or formerly of Glenn Ricka- baugh; thence along the latter, South 04 degrees 46 minutes 20 seconds Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 LOLS E. ~NYOE,q, Nc~.~ Pubtlc I