HomeMy WebLinkAbout01-3392
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN ST A nON
1617 JOHN F. KENNEDY BOULEY ARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
GMAC MORTGAGE
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
Plaintiff
TERM
NO. Of - 329~ Ct"u~LI€fiJY1
v.
CUMBERLAND COUNTY
GARY AUKER
1298 KELTON ROAD,
CAMP HILL, PA 17011
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMA TlON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PAl 70 13
(717) 249-3166
Loan #: 600013034
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.
1, Plaintiff is:
GMAC MORTGAGE
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
2. The name(s) and last known addressees) of the Defendant(s) are:
GARY AUKER
1298 KELTON ROAD,
CAMP HILL, PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 10/19/99 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to CRUSADER BANK, FSB which mortgage is recorded in the
Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page
963. By Assignment of Mortgage Recorded 3/6/00 the mortgage was assigned to
PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 639,
Page 637.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 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."
6. The following amounts are due on the mortgage:
Principal Balance
Interest
1/1/01 through 5/1/01
(Per Diem $15.40)
Attorney's Fees
Cumulative Late Charges
10/19/99 to 5/1/01
Cost of Suit and Title Search
Subtotal
$68,127.52
1,863.40
3,406.00
119.29
550.00
$74,066.21
Escrow
Credit
Deficit
Subtotal
TOTAL
147,90
0.00
($ 147.90)
$73,918.31
7, The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. S l680.403c 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 Plaintiffs 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
$73,918.31, together with interest from 5/1/01 at the rate of$15.40 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.
f~~
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
First Mortgage Loan Servicing
PO Box 85011
San Diego CA 92186-5071
3451 Hammond Ave
PO Box 780
Waterloo IA 50704-0780
GMA~ Mortgage
Da~: April 12, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
~
This is an official notice that the mort~a I:e on }"our home is in default, and the lender intends to foreclose.
Specific information about the nature ofthe default is provided in the attached pa~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your
home. This Notice explains how the pr02ram works.
To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counselinl: Al:ency.
The name, address and phone number of Consumer Credit Counselinl: Al:encies servinl: your County are
listed at the end of this Notice. If you have any Questions, you ma,,' call the Pennsvlvania Housinl: Finance
Al:ency toll free at 1-800-342-2397. (persons with impaired heannl: 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 ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A
CONTINUAR VI\1ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIA T AMENTE LLAMANDO EST A AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AI. NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBI.E PARA UN PREST AMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SAL V AR SU CASA DE I.A PERDIDA DEL DERECHO A REDI~DR SU HIPOTECA
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
GARY AUKER
1298 KELTON ROAD
CAMP HILL, PA 17011
LOAN ACCT. NO.:
ORIGINAl. LENDER:
CURRENT LENDERlSERVICER:
600013034
N/A
GMAC Mortgage Corporation
Ex~aMr ,~
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBI.E FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECI.OSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY \\-lTH THE PRO\-lSIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with one of the consmner credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF TIllS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit cOlmseling
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 numbers of desi~nated consumer credit cOlmseling: agencies for
the cOlmtv in which 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 your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nahlTe of your default.) If you have tried and
are lmable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit cOlmseling
agencies listed at the end of this Notice. Only consumer credit cOlmseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE \\-11,1, BE nENIED.
AGENCY ACTION -- Available fimds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application, During that time, no forecloSlITe proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
~W'R~T .l,
~ -""t'-~'Il...ti':'-
---- ------.-- --
..--- .-------- -
-----" .
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLO'WING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOUl..D NOT BE CONSIDERED AS AN AITEMPT TO COLLECT THE DEBT.
(If you have med bankruptcy you can stIlI apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it up to date).
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at:
1298 Kelton Road Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: February 1, 2001 through April 1, 2001.
See attached Exhibit for payment breakdown.
Monthly PaymentB-
Late Charges
NSF
Inspections
Other
Suspense
2,232.18
119.10
0.00
0.00
TOTAL AMOUNT PAST DUE:
0.00 /
2,351.28 ·
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable):
HOW TO CURE THE DEFAULT u You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAl.. AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 2, 351 . 28 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING TIlE THIRTY (30) DAY PERIOD, Pavments must be made either by cash. cashieJ's check.
certified check or money order made payable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not use ifnot applicable.) N tAl' bl
o pp 1ca e
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its ri hts to accelerate the mort a e debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the
mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon vour mortl!a 2ed
property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, iflegal proceedings are started against against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the ammmt you owe the lender, which may also include other reasonable costs,
Ifvou cure the default within the THIRTY (30) DAYS period. you will not be required to pav attornev's fees.
:E:}'f{~~~~\\T i~.
OTHER I.ENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all
other sums due lmder the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI.E -- If you have not cured the default within
the THIRIT (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amOlmt
then past due. plus any late or other charg.es then due. reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriirs Sale as specified in writing: by the lender and by
performing any other requirements 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.
EARI.IEST POSSIBLE SHERIFF'S SAI.E DATE -- It is estimated that the earliest date that such a Sheriff's Sale
of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A
notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amOlmt 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 contactmg the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
GMAC Mortgage Corporation
401 Mile of Cars Way
National City, CA 91950
Phone Number:
Fax Number:
Contact Person:
(800) 850-4622
(619) 470-5579
Collection Department
EFFECT OF SHERIFF'S SAI.E -- You should realize that a Sheriir s Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriirs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You mayor may not sell or transfer your 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 MAY AI.SO HAVE THE RIGHT:
TO SELL THE PROPER IT TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITIJTION TO PAY OFF TIllS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD P ARIT ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEF AULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITIJTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNlY IS ENCLOSED
r::';{/!iJ!jlf~
',\:,/r--Jif4T/ '. n~' If,'
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EXHIBIT
February 1, 2001
March 1, 2001
April 1, 2001
.......
@
@
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744.06
744.06
744.06
,--~ 11 O\llf,"!-','1r
: \. i~--l'~;i"" ~ ! Ii .',..-.,
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8/00)
CLINTON COUNTY
Lycoming-Clinton Counties Commision for
Community Action (STEP)
2138 Lincoln Street PO. Box 1328
Williamsport, PA 17703
(570) 326-0587 FA.;( (570) 322-2197
CCCS ofNDrtheastern PA
1631 South Atherton St., Suite 100
State College, PA 16801
(814) 238-3668 FAX (814) 238-3669
CCCS of Northeastern PA
20 I Basin Street
Williamsport, PA 17703
(570) 323-6627 FAX (570) 323-6626
COLUMBIA C01JNTY
31 W, Market Street
POB 1127
Wilkes-Barre, PA 18702
(570) 821-0837 or (800) 922-9537
FAX (570) 821-1785
1400 AbingtDn Executive Park
Suite 1
Clarks Summit. P A 18411
(570) 587-9163 or (800) 922-9537
FA..'( (570) 587-9134-9135
Commission on Economics Opportunity of Luzeme County
163 Amber Lane
Wilkes-Barre, PA 18702
(570) 826-0510 or (800) 822-0359
FAX (570) 829-1 665-(Call Before Faxing)
(570) 455-4994 Hazeltown
FAX (570) 455-5631-(Call Before Faxing)
(570) 836-4090 Tunkhannock
CRA WFORD COUNTY
Booker T. Washington Center
1720 Holland Center
Erie, PA 16503
(814) 453-5744 FA..'( (814) 5749
Greater Erie Community Action Comminee
18 West 9th Street
Erie, PA 16501
(814) 459-4581 FAX (814) 456-0161
John F, Kennedy Center, Inc.
2021 East 20th Street
Erie, PA 16510
(814) 898-0400
FAX (814) 898-1243
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(412) 981-5310
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PAl 71 02
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
YWCA of Carlisle
301 "G" Street
Carlisle, PA 17013 .
(717) 243-3818 FA..'( (717)-731-9589
Community Action Comm of the Capital Region
15 14 Derry Street
Harrisburg, PA 17104
(717) 232-9757 FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518 FA..'( 334-8326
PENNSYL V A.l'11A BULLETIN. VOL. 29. NO. 23. JUNE 5. 1999
,...-rr ^
ALL THAT CERTAIN WT OP LAND Srl'UATS IN THE: TOWNSHIP OF LOWSR. ALLE!{. COUNTY OF
CUMBERLAND ~ STATS OF PENNSYLVANIA. l<NONN AND NUMBBRBD AS LOT ~O. lS, 'BLOCK
"N" Obl A P'L1UI OF r.oTS OF H~OH~ PARX BIIOW:rNQ Bt.OCS "H". "N'''. "0". "1'". "0".
.. R" , to s". ANt) toT". SA:rD p~ BEDla RECORDBD :IN THZ ccMaBRLAND COUN"tY RECORDBa f S
OP'Frcs IN PLAN BODle... PAGE 98. SArD LOT NO. P'ZPTkBN (1.5). BLOCK taN" FRONTING
PZrrY FIVE (55) FIm't' ON '%'HE NOR'l"HERLY Lnn;:.op ItBLTON RO~ AND aXTGNJ)~G B"-CI<:
THEREF'flOM AT BVBN W%t>'1"1f ONB HUNDRED TEN (1.1.0) FDBT 'l'O LZNB LOTS NOs. a AND 9,
BI.OClC. "N" ON SA%O p~, KAV%NG 'rHEREON' SRIi:CTBD A ONIr AND JU.I.F STORY BR%CI<: AND
PRAMB DfofSLL::tNO HOUSE. NO. 1298 ICELTON'ROAD, "XGlfloAND PARK. CAMP HILL.
PENNsrLV~IA. . .
ToaC:'1"JIER WITH AT.t. ANn s:rNGUt.AR THRU . WAYS, Wh'X'Ene. WATsn-COURS&S. IU'GliTS,
L:IBSRT:n:s, PRIV:rI.EGBS. HERED%TAMENTS AND AP;>ORTENJWCES WHATSOEVER 'l'HRBUNTO
BeLONGING, OR IN ANY WISE APP2RTAINrNG. AND THB R3VBRS~ONS ~ REMArNDSRS.
RENTS. ISstJi:S AND PJtOPTTS THEROF;"ANO PoLL ",S BSTAT1!l, RIOH'l'. TtTI..E. INTSR~.
PROPERTY, CLAIM.AND DEMAND W1tA.TSOEVER. OP XWLAW, EQUITY. OR OTHERWXSE HOWSOEVER.
OF UI, AND TO THS SAME AND 1IWSRY PART TnSREOF.
BEING '1"HE SN-m PROi'BRTY WHICH N. P. NrNNEMAN. :INC. BY TH1:ER DEED DATED JUNB 2:l.
L~S~ AND RECORDED IN THE RBCORnER'S OFFICE OF CUMB8RLAND COUWTY, ~ENNSYLV~7A.
III DESt) BOOK 41-0 BOOK 551.. CONVEYED TO ROBItR'l' C. ~UKE~ AND ALVJi:1l'l'A S. AUKER.
HUSbAND AND WXPE. THE SAID AINERTA S. AUKJim HJl.VING DIED JtJNE 16. 1987, 'niEREBY
VESTING FULL TITLlr 'X'O ROSER':MC C. AUkBR. HER HUSBAND, BY OPBRATION OF LAW. :rUB
SAID ROBERr C. AUKER OZED APRXL 21, ~999 TESTATE. H%S WXI..I.. FXLED ON APRXL 27,
1999 AT XNSTRUHBNT NDMDER 21-99-411.
.;;A
-
..
VERIFICA nON
SHIRLEY 1. EADS hereby states that she is FORECLOSURE SPECIALIST of GMAC
MORTGAGE CORPORA nON 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 unsworn
falsification to authorities.
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DATE:
-5;30/0/
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03392 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE
VS
AUKER GARY
CPL. MICAHEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
AUKER GARY
the
DEFENDANT
, at 0014:07 HOURS, on the 5th day of June
, 2001
at 1298 KELTON ROAD
CAMP HILL, PA 17011
by handing to
GARY AUKER
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.92
.00
10.00
.00
37.92
SO;;~~e
R. Thomas Kline
Sworn and Subscribed to before
06/06/2001
FEDERMAN & PHELAN
BY'~~
Deput Sheriff ,
me this .).f {G day of
q'Uu..<- .J-.t-v / A . D .
(~~ Q. 'rndL,~
thonotary
FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE
500 ENTERPRISE ROAD SUITE 150
HORSHAM, PA 19044
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
vs.
: NO. 01-3392-CIVIL
GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
Defendant
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against
GARY AUKER, Defendant, for failure to file an Answer to Plaintiff's 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 5/1/01 TO 7/9/01
$73,918.31
$1.078.00
$74,996.31
TOTAL
I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and
(2) notice has been given in accordance with Rule 237.1, copy attached.
,~~hOX\ :(",:\ids- 1(' (Yl(J-l"
F~FEDERMAN,ESQl[RE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: H /1 den;
/5/
~k~
PRO P THY /€L"
**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 A TIEMYf TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
.
FEDERMAN AND PHELAN, L.L.P.
Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
GMAC MORTGAGE
CIVIL DIVISION
vs.
GARY AUKER
CUMBERLAND COUNTY
Defendant(s)
NO. 01-3392-CIVIL
TO: GARY AUKER
1298 KELTON ROAD
CAMP HILL,PA 17011
DATE OF NOTICE: JUNE 26, 2001
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
SHERIFF'S RETURN - REGULAR
~
CASE NO: 2001-03392 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE
VS
AUKER GARY
CPL. MICAHEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
AUKER GARY
the
DEFENDANT
, at 0014:07 HOURS, on the 5th day of June
2001
at 1298 KELTON ROAD
CAMP HILL, PA 17011
by handing to
GARY AUKER
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.92
.00
10.00
.00
37.92
SO~~~e
f; , I
R. Thomas Kline
day of
06/06/2001
FEDERMAN & PHELAN
BY'~~
~ Deput Sheriff -~"
Sworn and Subscribed to before
me this
A.D.
Prothonotary
~
FEDERMAN and PHELAN
By: FRANKFEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE
: CUMBERLAND COUNTY
Plaintiff
: Court of Common Pleas
vs.
: CIVIL DIVISION
GARY AUKER
: NO. 01-3392-CIVIL
Defendant
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant is not in the Military or Naval Service of the United States or
its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of
Congress of 1940, as amended
(b) that defendant GARY AUKER is over 18 years of age and resides at 1298
KELTON ROAD, CAMP HILL, PA 17011.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
3h(~11 ~ lJJLdY-(f/Y? C-1~
FRANK FEDERMAN
Attorney for Plaintiff
..
(Rule of Civil Procedure No. 236 - Revised)
GMAC MORTGAGE
: CUMBERLAND COUNTY
Plaintiff
: Court of Common Pleas
vs.
: CIVIL DIVISION
GARY AUKER
: NO. 01-3392-CIVIL
Defendant
Notice is given that a Judgment in the above captioned matter has been entered against you on
JULY If .2000.
HI ~~~tj R: ~ .h~
By DEPUTY
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN, ESQUIRE
Attorney for Filing Party
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTO~ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USE FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO ,E AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF 'LIEN AGAINST PROPERTY. **
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
No.Ol-3392-CIVIL
GARY AUKER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$74,996.31 (
Interest from 7/9/01 to 12/5/01
(per diem - $12.33)
$1,837.17and Costs
TOTAL
$76,833.48
)
DIRE /
at SUBURBAN ST A nON
Note: Please attach description of property.No.
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ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland
and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan"'of Lots of _____
Highland Park showing Blocks "M", "N", "0", "P", "Q", "R", "S", and "T", said Plan being ,
recorded in the Cumberland County Rec;order's Office in Plan Book 4, Page 98, said Lot No. fifteen
(15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and extending
back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on
said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298
Kelton Road, Highland Park, Camp Hill, Pennsylvania.
TAX PARCEL 13-23-0545-208
-
TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from
Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in-----
Record Book 210, Page 938.
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GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
GARY AUKER
CIVIL DIVISION
Defendant(s).
NO.Ol-3392-CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE, 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 1298 KELTON ROAD. CAMP HILL. PA 17011
1. Name and address ofOwner(s) or reputed Owner(s):
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
2. Name and address of Defendant(s) in the judgment:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
BUREAU OF
COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-946
4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
1298 KELTON ROAD
CAMP HILL, P A 17011
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 171 05
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
August 2, 2001
DATE
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
GARY AUKER
NO.Ol-3392-CIVIL
Defendant( s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
( ) an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
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GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
No.Ol-3392-CIVIL
GARY AUKER
Defendant(s).
August 2,2001
TO: GARY AUKER
1298 KELTON ROAD
CAMP HILL, PA 17011
..
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON
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 A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at 1298 KELTON ROAD CAMP HILL, P A 1701lis scheduled to be
sold at the Sheriffs Sale on DECEMBER 5, 200} at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC
MORTGAGE (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be
relisted for the MARCH 6, 2002 Sheriff s Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
'.
. . ,
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney,)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
or
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, P A 17013
(717) 249-3166
(800) 990-9108
. . ,
ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland
".
and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plarr of Lots of
Highland Park showing Blocks "M", "N". "0", "P", "Q", "R", "S", and "T", said Plali being ~
recorded in the Cumberland County Re~order's Office in Plan Book 4, Page 98, said Lot No. fifteen
(15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and e~ending
back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on
said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298
Kelton Road, Highland Park. Camp Hill, Pennsyl~a.
TAX PARCEL 13-23-0545-208
-
TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from
Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in~__~
Record Book 210, Page 938.
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GMAC Mortgage
VS
Gary Auker
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-3392 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriffs Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Advertising
Certified Mail
Poundage
Postpone Sale
Law Journal
Patriot News
30.00
20.00
15.00
.50
1.00
25.66
9.75
15.00
15.00
9.12
5.59
138.30
$284.92 paid by attorney
Sworn and subscribed to before me
Prothonotary
So Answers:
~~ ~--R
R. Thomas Kline, Sheriff'''''
BY elt cLef J'~\
Real Estat~ Deputy
This /2 ~ day of ~
/, {2 'l._ .A
2001,A.D.~ . /YU.UL.v/~
I , ~ <.:..K-5'-( ~ f'-{
~v' //<1&11-
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
GARY AUKER
CIVIL DIVISION
Defendant( s).
NO.Ol-3392-CIVll.
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE, 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 1298 KELTON ROAD. CAMP HILL. P A 17011
1. Name and address 0 f Owner( s) or reputed Owner( s):
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
BUREAU OF
COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-946
".
,
,
4. Name and address of the last recorded' holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
~
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
1298 KELTON ROAD
CAMP HILL, P A 17011
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 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 be.st 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.
'.
August 2. 2001
DATE
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
No.Ol-3392-CIVIL
GARY AUKER
Defendant(s).
August 2, 2001
TO: GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
"
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 1298 KELTON ROAD CAMP HILL, PA 17011is scheduled to be
sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC
MORTGAGE (the mortgagee) against you. Ifthe Sheriffs sale is postponed, the property will be
relisted for the MARCH 6, 2002 Sheriff s Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
".
You may need an attorney to a~ert 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, P A 17013
(717) 249-3166
(800) 990-9108
.
ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland
. '
and State of Pennsylvama, known and numbered as Lot No. 15, Block ION" on a Plarr of Lots of
Highland Park showing Blocks "M", "N". "0", "P", "Q", "R", "S", and "T", said Plan being ~
recorded in the Cumberland County Re~order's Office in Plan Book 4, Page 98, said Lot No. fifteen
(15), Block ION" fronting fifty five (55) feet on the Northerly line of Kelton Road and eJ\tending
back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on
said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298
Kelton Road, Highland Park, Camp Hill, Pennsyl'(Mia.
TAX PARCEL 13-23-0545-208
-
TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from
Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in~___
Record Book 210, Page 938.
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WRIT OF EXEOUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. Ol-33g2 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
r.IJMRF.RT.AND
COUNTY:
To satisfy the debt, interest and costs due GMAC Mort gage
PLAINTIFF(S)
from Gary Auker, 1298 Kelton Road, Camp Hill PA 17011.
DEFENDANT(S)
Real estate located
(1) You are directed to levy upon the property of the defendant(s) and to sell
at 1298 Kelton Road, Camp Hill PA 17011. (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 property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $ 74 , 996 . 3 1
Imere~ 7/9/01 - 12/5/01 $1,837.17
($12.33 per diem)
Atty's Comm %
Atty Paid $109 . 92
Plaintiff Paid
L.L.
Due Prothy
Other Costs
$.50
$1. 00
Date:
September 10, 2001
CURTIS R. LONG
Deputy
by:
Address:
REQUESTING PARTY:
Name Frank Federman, Esq.
1617 JFK Blvd, Ste 1400
Philadelphia PA 19103
Plaintiff
1814
Attorney for:
Telephone:
Supreme Court 10 No.
(215) 563 7000
12248
~ .
.
I REAL ESTATE SALE Nn 30
On September 17, 2001, the sheriff levied upon the
defendant's interest in the real property situated in Lower Allen
Township, Cumberland County, PA, known and
numbered as 1298 Kelton Rd., Camp Hill, and more fully
described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: September 17, 2001
By: qt)d-y~l
Real Estate Deputy
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed 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,
VlZ:
October 12, 19,2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 30
Writ No. 2001-3392 Civil
GMAC Mortgage
vs,
Gary Auker
Atty.: Frank Federman
ALL THAT CERTAIN lot of land
situate in the Township of Lower
Allen. County of Cumberland and
State of Pennsylvania, known and
numbered as Lot No, 15, Block "N"
on a Plan of Lots of Highland Park
showing Blocks "M," "N," "0," "p,"
"g .. "R .. "s .. and "T .. said Plan be-
ing re~ord~d in th~ Cumberland
County Recorder's Office in Plan
Book 4, Page 98, said Lot No. fif-
SWORN TO AND SUBSCRIBED before me this
19 day of OCTOBER. 2001
NOTARIAL SEAL
LOIS E. SN'fIlE~~ PublIc
CartisIe Boro. VUI,..-_N ColI1tY5
My CommiI&IOn Expir8I March 5, 2005
~r,
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AFFIDAVIT OF SERVICE
PLAINTIFF
GMAC MORTGAGE
CUMBERLAND COUNTY
No.01-3392-CIVIL
DEFENDANT(S)
GARY AUKER
SERVE GARY AUKER AT
1298 KELTON ROAD
CAMP HILL, PA 17011
Type of Action
- Notice of Sheriff's Sale
Sale Date: DECEMBER 5, 2001
SERVED
Served and ~ade known to (;~~ f A IJ I<.e r<-
at S:Sb, o'clockt.m., at /;1.1 B t<e)~tJ
, Defendant, on the
aJ. tJ~
day of
S'ef't. ,2001,
~~,
1
.
C~\M~ I+~~\
, Commonwealth
~
of Pennsylvania, in the manner described below:
X 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 ofDefendant(s)'s office or usual,place of business.
an officer of said Defendant(s)'s company.
Other:
. " ~ r J \r...~ Cl.
- - I/.~ I .11 .0 I~~ \.... \O.o-rJ~
Description: Age ~ Height tJ II Weight ~ Race ~ Sex.1:..- Other 1'e.\1.' jj
I, C\a-(tt.NC t...l-. ~(l.~1 ~, a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Notarial Seal
Stacy L. Heefner, Notary Pub I
Sworn to and sU,,~~~~ibed Chambersburg Bora, Franklin au
be~~Ate.~~ day My Commission Expires Au 5, 0
~o~~. ,I.. I~~.b"i "-""VI;;; A,,,,, ~ I ",,,
l') {J 0' R:ffUJ\...J NOT SERVED
latP
On the day of
,200_, at
0' clock _,m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
Other:
Sworn to and subscribed
bdore me this _ day
of _______,200 _'
Notary: '.
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
One Penn Center Suburban Station, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
No.Ol-3392-CIVIL
GARY AUKER
Defendant( s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$74,996.31
Interest from 03/08/02 to 06/5/02
(per diem - $12.33)
TOTAL
$1,109.70 and Costs
$76,106.01
i -LJ J
FRANK EDERMAN, E~UIRE
ONE PENN CENTER at SUBURBAN ST A nON
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
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ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland
and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan"of Lots of
Highland Park showing Blocks "M", "N", "0", "P", "Q", "R", "S", and "T", said Plan being ------
recorded in the Cumberland County Re9order's Office in Plan Book 4, Page 98, said Lot No. fifteen
(15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and e~tending
back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on
said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298
Kelton Road, Highland Park, Camp Hill, Pennsylvmtia.
TAX PARCEL 13-23-0545-208
-
TITLE TO SAID PREN'ITSES IS VESTED IN Gary Auker, an unmarried man by Deed from
Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 11/1/99, in---=_~
Record Book 210, Page 938.
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Chapter No. 13 _
Bankruptcy No. 01-05349 RJW- '~
~
(;L-) UNITED STATES BANKRUPTCY COURT FOR
~ THE MIPDLE DISTRICT OF PENNSYL VANIA
IN RE:
Gary L. Auker
Debtor
GMAC Mortgage
Movant
v.
Gary L. Auker
Respondent
AND NOW, this 8~!
ORDER
day of
Febru~r'Y
, 2002, upon
consideration of the Motion for Relief and Motion for Default of Movant, GMAC Mortgage, it
is hereby
ORDERED that the Order for Reliefbe entered by default with respect to premises at
1298 Kelton Road, Camp Hill, P A 17011, to allow the Movant to foreclose on its mortgage,
which mortgage was recorded in Cumberland County, in Mortgage Book 1579, Page 963, and
allow the purchase of said premises at Sheriff.s sale (or purchaser' s assignee) to take any legal
action for enforcement of its right to possession of said premises.
By the Court:
1st Robert J. Woodside
cc:
Robert J. Woodside, Bankruptcy Judge
FiLED
I
I FEB - 8 2002
Judith T. Romano, Esquire
One Penn Center at Suburban Station
1617 John F. Kennedy Blvd., Suite 1400
Philadelphia, P A 19103-1814
Stuart B. Donegan. Esquire
300 North Second Street, 9th Floor
Harrisburg, PAl 7101
HARRiS3URG
PA
Clerk, U.S. Bankruptcy Court
Charles J. Dehart, III, Esquire (Trustee)
P.O. Box 410
Hurnmelstown, P A 17036
Gary L. Auker
1298 Kelton Road
Camp Hill, P A 17011
.>
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
GARY AUKER
CIVIL DIVISION
Defendant(s).
NO.Ol-3392-CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
GMAC MORTGAGE, 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 1298 KELTON ROAD. CAMP HILL. P A 17011
1. Name and address ofOwner(s) or reputed Owner(s):
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
2. Name and address of Defendant(s) in the judgment:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
BUREAU OF
COMPLIANCE
DEPT. 280946
HARRISBURG, P A 17128-946
4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
1298 KELTON ROAD
CAMP HILL, P A 17011
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harris burg, P A 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March 8, 2002
DATE
U, "- J
FRANK FEDERMAN, I!'s'QUIRE
Attorney for Plaintiff
n
c."
PJ
c.
t -..'
'-:-,,,,
..-1
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
GARY AUKER
NO.Ol-3392-CIVIL
Defendant( s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
1h
FRANK FEDERMAN, EsQUIRE
Attorney for Plaintiff
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
No. Ol-3392-CIVIL
GARY AUKER
Defendant(s).
March 8, 2002
TO: GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
**THIS FIRt\1 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 REAFFIRtvlED, 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 1298 KELTON ROAD, CAMP HILL, PA 17011is scheduled to be
sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE
(the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the
MARCH 6, 2002 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
l...___"
i" ,..".~
j'
'"
<"'J
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5, You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you,
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
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, P A 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland
,
and State of Pennsylvania, known and number,ed as Lot No. 15, Block "Nil on a Plan of Lots of ______
Highland Park showing Blocks "M", "N", "0", "P", "Q", "R", "S", and "T", said Plan being
recorded in the Cumberland County Rel;order's Office in Plan Book 4, Page 98, said Lot No. fifteen
(15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and e:\tending
back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block IfN" on
said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298
Kelton Road, Highland Park, Camp Hill, Pennsyl~.
TAX PARCEL 13-23-0545-208
--'
TITLE TO SAID PREMISES IS VESTED IN Gary Auker, an unmarried man by Deed from
De~ W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 1111/99, in~__~_
Record Book 210, Page 938.
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GMAC Mortgage
VS
Gary Auker
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-3392 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriffs Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Advertising
Certified Mail
Poundage
Law Journal
Patriot News
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20.00
15.00
1.00
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11. 04
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Sworn and subscribed to before me So ~~
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This / / tr: day of (/~ ~
~ R. Thomas Kline, Sheriff
2002, A.D. ''f'1g () ~,_.>, ~ I,~/. . ('- it'
By~JOLLLI 0Htlt 1
Prothonotary Real Estate Deputy
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GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON Pl.EAS
GARY AUKER
CIVIL DIVISION
Defendant(s).
NO.Ol-3392-CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE, 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 1298 KELTON ROAD. CAMP HILL. P A 17011
1. Name and address ofOwner(s) or reputed Owner(s):
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
GARY AUKER
1298 KELTON ROAD
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAi\1E
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
BUREAU OF
COMPLIANCE
DEPT. 280946
HARRISBURG, P A 17128-946
"
4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
1298 KELTON ROAD
CAMP HILL, P A 17011
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March 8, 2002
DATE
l---A :l L
FRANK FEDERMAN, ~QUIRE
Attorney for Plaintiff
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
No.Ol-3392-CIVIL
GARY AUKER
Defendant(s).
March 8, 2002
TO: GARY AUKER
1298 KELTON ROAD
-"--~---------
CAMP HILL, P A 17011
**T1-IIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBT AINED 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, **
Your house (real estate) at 1298 KELTON ROAD, CAMP HILL, PA 17011is scheduled to be
sold at the Sheriffs Sale on JUNE 5,2002 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE
(the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the
MARCH 6, 2002 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your 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 ifthe bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will b~ 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, P A 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland
#'
and State of Pennsylvania, known and numbered as Lot No. 15, Block "N" on a Plan of Lots of
Highland Park showing Blocks "M", "N", "0", "P", "Q", "R", "S", and "T", said Plan being -----
recorded in the Cumberland County Re~order's Office in Plan Book 4, Page 98, said Lot No. fifteen
(15), Block "N" fronting fifty five (55) feet on the Northerly line of Kelton Road and e;'\tending
back therefrom at even width one hundred ten (110) feet to Line Lot Nos. 8 and 9, Block "N" on
said Plan, having thereon erected a one and half story brick and frame dwelling house No. 1298
Kelton Road, Highland Park, Camp Hill, PennsylVIDlia.
TAX PARCEL 13-23-0545-208
-
Trn.E TO SAID PRENITSES IS VESTED IN Gary Auker, an unmarried man by Deed from
Dennis W. Auker, Executor, Estate of Robert C. Auker dated 10/19/99, recorded 1111199, in~_~
Record Book 210, Page 938.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-3392 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE
From GARY AUKER
(I) You are directed to levy upon the property of the defendant( s) and to sell SEE LEGAL
PLANTIFF(S)
DESCRIPTION OF PROPERTY
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$74,996.31
L.L.
Interest FROM 3/08/02 TO 6/5/02 (PER DIEM - $12.33) $1,109.70 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $407.34
Other Costs
Plaintiff Paid
Date: MARCH 13, 2002
CURTIS R. LONG
Prothonotary, Civil Division
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQ.
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
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Real Estate Sale #57
On March 15,2002 the sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, P A known
and numbered as 1298 Kelton Road, Camp Hill
and more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
Date: March 15,2002
By: ",Jc~~~~~
Real Estate Deputy
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed 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:
APRIL 26, MAY 3,10,2002
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.
I
R<.6ger M. Morgenthal, Editor
~
REAL ESTATE SALE NO. 57
Writ No. 2001-3392 Civil
GMAC Mortgage
vs.
SWORN TO AND SUBSCRIBED before me this
10 day of MAY, 2002
Gary Aucker
Atty.: Frank Federman
ALL THAT CERTAIN lot of land
situate in the Township of Lower
~A'~ L.. ~~AJ
,r"z----''',...-;" r:]lfta /" 'i~'"
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LOtS E P;J.bllc
Cariisla 13(,%"'0, County ,
My Comm!~~:ID ~~:\\ Mach 5, 2005
Allen. County of Cumberland and
State of Pennsylvania. known and
numbered as Lot No. 15. Block MNM
on a Plan of Lots of Highland Park
showing Blocks MMM, MW, "0", "P",
"g", MR". "S", and 1, said Plan be-
ing recorded in the Cumberland
County Recorder's Office in Plan
Book 4, Page 98. said Lot No. fif-
.. ..
..--.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the
7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S ALE #57
REAL ESTATE SALE No. 57
Writ No. 2001-3392 .
Civil Term
GMAC Mortgage,
Vs
Gary Aucker
Atty: Frank Federman
DESCRIPTION
ALL TIIAT CERTAIN lot of land situate in the
Township of Lower Allen, County of Cumberland
and State of Pennsylvania, known and numbered as
Lot No: 3 15, Block "N" on a Plan of Lots of p
Highland Park showing Blocks n "M", "N", "0", "P",
"Q", "R", "S", and "'1''', said Plan being recorded in
the Cumberland County" Recorder's Office in Plan
Book 4, Page 98, said Lot No, fifteen (I5), Block
"N" fronting fifty five (55) feet on the Northerly line
of Kelton Road and extending back there-from at
even width one hundred ten (110) feet to Line Lot
Nos. 8 and 9, Block "N" on said Plan, having thereon
erected a one and half story brick and frame dwelling
house No. 1298 Kelton Road, Highland Park, Camp
Hill,Pennsylvania Publisher's Receipt for Advertising Cost
TAX PARCEL No.: 13-23- 0545-208.
TITLE TI? SAID premises is vested in Gary Auker, , publiSher of The Patriot-News and The Sunday Patriot-News, newspapers of general
an'unmamed man, by Deed from Dennis W, Auker, e receipt of the aforesaid notice and publication costs and certifies that the same have
Executor, Estate of Robert C. Auker dated 10/19/99
recorded 11/1/99, in Record Book 210, Page 938, '
--~~--. ~
/-/" ~;7C~
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worn to and su ISCU 17th d 002 A.D.
I'lOfarfaJ Seal
Terry l. RusStlll. Notary Public '.A'
HarriSburg, Dauphin County ..-- l
My CommlSSion Expires June 6, 2002
Member, Pennsylvania ASSOCiation of Notaries commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$
$
$
153.60
1.75
155.35
By....................,......................,....,...................
GMAC MORTGAGE
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
GARY AUKER
CIVIL DIVISION
Defendant(s).
NO.Ol-3392-CIVIL
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC MORTGAGE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE,
sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information
concerning the real property located at 1298 KELTON ROAD. CAMP HILL. P A 17011
1. Name and address ofOwner(s) or reputed Owner(s):
GARY AUKER
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
1298 KELTON ROAD
CAMP HILL, P A 17011
NAME
2. Name and address of Defendant(s) in the judgment:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
BUREAU OF
COMPLIANCE
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
DEPT. 280946
HARRISBURG, PA 17128-946
NAME
LOWER ALLEN
TOWNSHIP
1298 KELTON ROAD
CAMP HILL, P A 17011
4. Name and address of the last recorded holder of every mortgage ofrecord:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
..-
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
COMMONWEALTH OF PA
BUREAU OF INDIVIDUAL TAX
INHERITANCE TAX DIVISION
ATTN: JOHN MURPHY
DEPARTMENT OF PUBLIC
WELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY
PROGRAM
INTERNAL REVENUE SERVICE
FEDERATED INVESTORS
TOWER
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
6TH FLOOR, STRAWBERRY SQUARE
DEPT. 280601
HARRISBURG, PA 17128
P.O. BOX 8486
WILLOW OAK BUILDING
HARRISBURG, PA 17105-8486
THIRTEENTH FLOOR, SUITE 1300
1001 LIBERTY AVENUE
PITTSBURGH, PA 15222
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME
Tenant/Occupant
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
1298 KELTON ROAD
CAMP HILL, P A 17011
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
APRIL 17, 2002
DATE
II ...--, f
1"'-- _"' I 7 '-_
F NK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: GMAC MORTGAGE
)
)
CIVIL ACTION
vs.
GARY AUKER
)
)
CIVIL DIVISION
NO. 01-3392-CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE
hereby verify that on 3/12/02 & 4/17/02 true and correct copies of the Notice of
Sheriff's sale were served by certificate of mailing to the recorded lienholders,
and any known interested party see Exhibit "A" attached hereto. Notice of Sale
was sent to the Defendant(s) on 3/12/02 by certified mail return receipt requested
see Exhibit "B" attached hereto.
DATE: May 1. 2002
~NKF~~EJft.:~x E~Qtl~E
Attorney for Plaintiff
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7160 3901 9844 7042 4140
TO: GARY AUKER
1298 KELTON ROAD
CAMP HILL, PA 17011
SENDER:
JPG / KOC
REFERENCE: TEAM 5 / AUKER
PS Form 3800 June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
. US Postal Service POST
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
----. --... ~.._-_.-...._...-- .-------.-~--------- ----------------------------------i-------------------
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
IDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE
: CUMBERLAND County
Plaintiff
: Court of Common Pleas
vs.
: CIVIL DIVISION
GARY AUKER
: NO. 01-3392-CIVIL
Defendant(s)
PRAECIPE TO SATISFY JUDGMENT
WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly satisfy the Judgment which was entered on 7/11/01 against GARY
AUKER, Defendant(s), in the amount of $74,996.31 relative to the instant matter and
mark this case satisfied, without prejudice, upon payment of your costs only.
- ,,-"""~'-- - ,/
?/~' ') K-- ------------
/"' ~~/ -----... .~.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Dated: 5/13/02
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