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HomeMy WebLinkAbout02-1572FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d;? - .457A 1. tu"'c ?nl l ROBERT F. GREENE DIANE L. GREENE 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 Defendant(s) CUMBERLAND COUNTY 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:306715982 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 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT F. GREENE DIANE L. GREENE 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/6/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA MORTGAGE REDUCTION, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1441, Page 1019. By Assignment of Mortgage recorded 8/24/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 680, Page 2714. 4. 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 10/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $56,000.25 Interest 2,129.40 9/1/01 through 3/1/02 (Per Diem $11.70) Attorney's Fees 1,000.00 Cumulative Late Charges 123.18 3/6/98 to 3/1/02 Cost of Suit and Title Search 550.00 Subtotal $59,802.83 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $59,802.83 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 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; 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 $59,802.83, together with interest from 3/1/02 at the rate of $11.70 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. ?FERMANAND LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot or.pieee of land situate in the Borough of New Cumberland, County of Cumberland. State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Brnsst.J. Walksr,•Professional Engineer, dated November 30, 1968, as follows:- BEGINNING at the southwestern corner of Eutaw and River Avenues and extending South 36 degrees West along the line of River'Avenue one hundred forty (140) feet to a twenty (20) feet wide allay; thence North 54 degrees West along line of said Alley twenty-five (25) feet to-Lot No. 35; thence North 36 degrees East along the line of said lot-and passing through the center of the partition wall between the house hereon erected and the adjoining house on Lot No. 35, one hundred forth (140) feet to Eutaw Avenue; thence South 54 degrees East along the line of said Eutaw-Avenue twenty-five (25) feet to the corner, the place of BEGINNING. 4 HAVING thereon erected a two and one-half story brick dwelling house known as No. 312 Eutaw Avenue, New Cumberland, Pennsylvania. BEING Lot No. 36 in Block H in the General Plan of George W. Butterff's Addition to New Cumberland, which plan is recorded in Deed Book N, Vol. 5, pages 498 and 499. BEING the same premises which Hubert Charles Townsend, unmarried f . conveyed unto Gordon M. Chilcota and Verna N. Chilcote, his wife br Dant I ad* aad.dated ' December 30, 1968 and recorded in Dead book B, Volume 23 Page 86 ''C records. s , Weberlad County PREMISES ON: 312 EUTAW AVENUE VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are 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 unworn falsification to authorities. DATE: q 1 _ 6 Z Li a cl e ? C v? y- r' c> > = c r t;t ce) SHERIFF'S RETURN - REGULAR CASE NO: 2002-01572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS GREENE ROBERT F ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GREENE DIANE L DEFENDANT the at 1940:00 HOURS, on the 8th day of April , 2002 at 12 W PINE STREET ENOLA, PA 17025 was served upon by handing to DIANE L GREENE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this /ate day of A.D. Prothonotary So Answers: R. Thomas Kline 04/09/2002 FEDERMAN & PHELAN By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CAS'E'NO: 2002-01572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS GREENE ROBERT F ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GREENE ROBERT F was served upon DEFENDANT the , at 1910:00 HOURS, on the 8th day of April , 2002 at 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 VnM om rr nu=NTU by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /a't day of ?1? ?Ua?nn A.D. Prothonotary ?- So Answers: R. Thomas Kline 04/08/2002 FEDERMAN & PHELAN By : Deputy Sheriff FEDERMAN AND PHELAN, LLP 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 150 HORSHAM, PA 19044 Plaintiff, V. ROBERT F. GREENE DIANE L. GREENE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1572 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT F. GREENE and DIANE L. GREENE, 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 3/2/02 to 5/10/02 TOTAL $59,802.83 $ 819.00 $60,621.83 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. ?VR.1E4RMAN, !3 . 7. ?1 0 An??sbn ESQ1jutt Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: L?=vdZ PRO PROTHY 1 ? O N C) n -a+C r 33 ?? r ?rn all FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 5) 563-7()00 GMAC MORTGAGE CORPORATION Plaintiff VS. ROBERT F. GREENE DIANE L. GREENE Defendant(s) TO: ROBERT F. GREENE 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 DATE OF NOTICE: APRIL 30, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1572 COPY 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 to 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 1'47A Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ???SF? 7ooc1 GMAC MORTGAGE CORPORATION Plaintiff VS. ROBERT F. GREENE DIANE L. GREENE Defendant TO: DIANE L. GREENE 12 WEST PINE STREET ENOLA, PA 17025 DATE OF NOTICE: APRIL 30. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1572 COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Piaintiff, v. ROBERT F. GREENE DIANE L. GREENE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1572 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT F. GREENE is over 18 years of age and resides at, 312 EUTAW AVENUE, NEW CUMBERLAND, PA 17070. (c) that defendant DIANE L. GREENE is over 18 years of age, and resides at, 12 WEST PINE STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FE E ESQUIRE Attorney for laintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ROBERT F. GREENE DIANE L. GREENE Defendant(s). CIVIL DIVISION NO. 02-1572 Notice is given that a Judgment in the above-captioned matter has been entered against you on ( 200 By: EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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." Q?tz:? ;,4 U? c I 9 Lu 3D C t' ?a N .ti• w "L7 crs f T rn -o J -j -r; rj J rn Y PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. No. 02-1572 ROBERT F. GREENE DIANE L. GREENE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $60,621.83 Interest from 5/11/02 to 9/4/02 $ 1,166.49 and Costs (per diem -$9.97) TOTAL $61,788.32 RANK FE AN, 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. W 0 w a a 0 O w 0 W h z w z w a H 0 z a¢ a W A U 0 H 0 O w Q H 0 U L7 w w rw a w a w Ww a a w A 0 w w w O a 0 W a U a 0 v w Cc u 0 a w a O O a A z? N O w¢ a U ? 3z wW zF ww dw Qa H? ww b b b a? DESCRIPTION V ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated November 30, 1968, as follows: BEGINNING at the Southwestern corner of Eutaw and River Avenues and extending South 36 degrees West along the line of River Avenue one hundred forty (140) feet to a twenty (20) feet wide alley; thence North 54 degrees West along line of said alley twenty-five (25) feet to Lot No. 35; thence North 36 degrees East along the line of said lot and passing through the center of the partition wall between the house hereon erected and the adjoining house on Lot No. 35, one hundred forty (140) feet to Eutaw Avenue; thence South 54 degrees East along the line of said Eutaw Avenue twenty-five (25) feet to the corner, the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house known as No. 312 Eutaw Avenue, New Cumberland, Pennsylvania. BEING Lot No. 36 in Block H in the General Plan of George W. Buttorff's Addition to New Cumberland, which plan is recorded in Deed Book N, Vol. 5, pages 498 and 499. Tax Parcel #25-0006-122 TITLE TO SAID PREMISES IS VESTED IN Robert F. Greene and Diane L. Greene, his wife by Deed from Gordon M. Chilcote and Verna N. Chilcote, his wife dated 3/30/ 1977 and recorded 4/1/1977 in Deed Book B, Volume 27, Page 996. PROPERTY KNOWN AS: 312 EUTAW AVENUE, NEW CUKBERLAND, PA 17070 t n ? ? 1 r? ?? ..., ;-,,. ? 1 -??t ?i J ` , ? ? i -_. Imo-, 1 ` OQ --I' ? )? ` `DIY ? ? ??_ \/ FEDERMAN and PHELAN, LLP By FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. ROBERT F. GREENE DIANE L. GREENE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1572 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: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK DERMAN, ESQUIRE Attorney for Plaintiff ?; ?? ?, c ? --, .. t f t _ _. - ('? _- L . -9 t ? ??• !?? : GMAC MORTGAGE CORPORATION V. Plaintiff, ROBERT F. GREENE DIANE L. GREENE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1572 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 312 EUTAW AVENUE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT F. GREENE DIANE L. GREENE Last Known Address (if address cannot be reasonably ascertained, please indicate) 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 12 WEST PINE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) IMC MORTGAGE COMPANY A/K/A 5901 EAST FOWLER AVENUE INDUSTRY MORTGAGE COMPANY, L. P., TAMPA. FL 33617 D/B/A COREWEST BANC AND DB/A COREWEST MORTGAGE COMPANY AND D/B/A NLG MORTGAGE 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 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. MAY 10, 2002 DATE RANK FE ERMAN, ESQUIRE Attorney for laintiff ? C (V n l1 MITS 3 =r 71:7j zl_ '?I CAC. W i I v? J y b GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 02-1572 ROBERT F. GREENE DIANE L. GREENE Defendant(s). MAY 10, 2002 TO: ROBERT F. GREENE DIANE L. GREENE 312 EUTAW AVENUE 12 WEST PINE STREET NEW CUMBERLAND, PA 17070 ENOLA, PA 17025 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 312 EUTAW AVENUE, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $60,621.83 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 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, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated November 30, 1968, as follows: BEGINNING at the Southwestern corner of Eutaw and River Avenues and extending South 36 degrees West along the line of River Avenue one hundred forty (140) feet to a twenty (20) feet wide alley; thence North 54 degrees West along line of said alley twenty-five (25) feet to Lot No. 35; thence North 36 degrees East along the line of said lot and passing through the center of the partition wall between the house hereon erected and the adjoining house on Lot No. 35, one hundred forty (140) feet to Eutaw Avenue; thence South 54 degrees East along the line of said Eutaw Avenue twenty-five (25) feet to the corner, the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house known as No. 312 Eutaw Avenue, New Cumberland, Pennsylvania. BEING Lot No. 36 in Block H in the General Plan of George W. Buttorff's Addition to New Cumberland, which plan is recorded in Deed Book N, Vol. 5, pages 498 and 499. Tax Parcel #25-0006-122 TITLE TO SAID PREMISES IS VESTED IN Robert F. Greene and Diane L Greene his wife by Deed from Gordon M. Chilcote and Verna N. Chi cote, his wife dated 3/30/1977 and recorded 4/1/1977 in Deed Book B, Volume 27, Page 996. PROPERTY KNOWN AS: 312 EUTAW AVE M, NEW CUMBERLAND, PA 17070 # n ° `ca z? _ j O WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1572 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From ROBERT F. GREENE, 312 EUTAW AVE., NEW CUMBERLAND PA 17070 and DIANE L. GREENE, 12 W. PINE ST., ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 312 EUTAW AVE., NEW CUMBERLAND PA 17070. (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/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $60,621.83 L.L. $.50 Interest 5/11/02 -9/4/02 ($9.97/DIEM) $1,166.49 Due Prothy $1.00 Any's Comm % Other Costs Atty Paid $138.08 Plaintiff Paid Date: MAY 13, 2002 REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Prothonotary, Civil Division By: Address: 1617 JFK BLVD., STE 1400 PHILDELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) ROBERT F. GREENE DIANE L. GREENE SERVE ROBERT F. GREENE AT 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 SERVED CUMBERLAND COUNTY KMD No. 02-1572 ACCT. #306715982 Type of Action - Notice of Sheriffs Sale Sale Date: 9/4/02 Served and made known to Robert F. Green , Defendant on the 28th day of May 2002, at 5:20 , o'clockp_.m., at 31 2 Eutaw Aveune, New Cumberland, 17070 -,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is x 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 Defendam(s)'s company. Other: Description: Age 45 Height 5' 6" Weight 16 5 Race C Sex f Other I, Jessica Lherisson , 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 bef, r me this -E ?1 day 9 of 200 Nota • B L ASE AT E SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notedal seal Public NOT SERVED Lisa M. Cireeson, Noffiry Cediste Bo on Eumbeda pCounty 02 IjWnmiss 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: 5 / 22 X02 Time: 6 : 30 p.m Vacant 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 n ea .? ? T? o ?. ?? ? ? _ ? ? FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 GMAC MORTGAGE CORPORATION V. ROBERTF.GREENE DIANE L. GREENE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.02-1572 CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PITRSITANT Tn P.R_C-P., 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to Defendant, DIANE L. GREENE at 12 WEST PINE STREET, ENOLA, PA 17025 which notice of Sheriffs Sale was received by Defendant, ROBERT F. GREENE on 5/15/02 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF June 7, 2002 2. Arlide;MUmber ._ _ 7160 3M 9844 8033 2848 3. Service Type CERTIFIED MAIL 4 Restricted Delivery? (F#tm Fee/ ?YeFee) ?Ye! 1. Article Addressed to: DIANE L. GREENE 12 WEST PINE STREET ENOLA, PA 17025 B. oen t (Plow Print In ure v D. le elluery reB° tlteem from Hem 11 H YES, enter delivery etltlreo below: ? Agent Atltlreaeea ? Q El yes No #306715982 PS Form 3811, July 2001 Domesllc Retum Receipt 2 o O N v? c -7 :23 z fi _ C..7 nrn 3 ? t. C7 'J yy C, ? r ?n Z j -G COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 13th day of May, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1572, at the suit of GMAC Mtg Corp against Robert F Greene & Diane L is duly recorded in Sheriff's Deed Book No. 253, Page 3697. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A( day of ?4-r , A.D. 2002 of Deeds om d 0"ft CmnbsftW Caurr??ttyy C&00, PA My Cy mnwmmission E*kw ft Fkd AWn I d Jan. 2M GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Robert F. Greene and Diane L. Writ No. 2002-1572 Civil Term Greene Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2002 at 2:14 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert F. Greene, by making known unto Kim Lowery, roommate, at 312 Eutaw Ave., New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 5:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Diane L. Greene, by making known unto Mary Gruber, daughter-in- law, at 12 West Pine Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 1:30 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert F. Greene and Diane L. Greene located at 12 West Pine Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert F. Green, by regular mail to his last known address of 312 Eutaw Ave., New Cumberland, PA 17070. This letter was mailed under the date of July 09, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Diane L. Green, by regular mail to her last known address of 12 West Pine Street, Enola PA 17025. This letter was mailed under the date of July 09, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being the highest bid and the best price received for the same Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $850.84, it being costs. Sheriff's Costs Docketing $30.00 Poundage 16.68 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.98 Certified Mail 33.93 Levy 15.00 Surcharge 30.00 Law Journal 311.90 Patriot News 232.15 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 30.50 $ 850.84 paid by attorney 9/17/02 Sworn and subscribed to before me g;? This /o °-- day of R. Thomas Kline, Sheriff 2002,A.D. ?k.e2e ?Oay"'g 'Prothonotary Real Estate D puty a? 30 ' k.v 1iw. 130 '1-=3 GMAC MORTGAGE CORPORATION Plaintiff, V. ROBERT F. GREENE DIANE L. GREENE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1572 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 ,312 EUTAW AVENUE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT F. GREENE DIANE L. GREENE Last Known Address (if address cannot be reasonably ascertained, please indicate) 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 12 WEST PINE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) IMC MORTGAGE COMPANY A/K/A 5901 EAST FOWLER AVENUE INDUSTRY MORTGAGE COMPANY, L. P., TAMPA, FL 33617 D/B/A COREWEST BANC AND D/B/A COREWEST MORTGAGE COMPANY AND D/B/A NLG MORTGAGE 5. Name and address of every other person who has any record lien on the property Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. MAY 10, 2002 DATE RANK FE ERMAN, ESQUIl2E Attorney for laintiff GMAC MORTGAGE CORPORATION Plaintiff, V. ROBERT F. GREENE DIANE L. GREENE Defendant(s). CUMBERLAND COUNTY No. 02-1572 MAY 10, 2002 TO: ROBERT F. GREENE 312 EUTAW AVENUE NEW CUMBERLAND, PA 17070 DIANE L. GREENE 12 WEST PINE STREET ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 LIENAGAINST PROPERTY. * * Your house (real estate) at, 312 EUTAW AVENUE, NEW CUMBERLAND PA 17070, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $60,621.83 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 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, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated November 30, 1968, as follows: BEGINNING at the Southwestern corner of Eutaw and River Avenues and extending South 36 degrees West along the line of River Avenue one hundred forty (140) feet to a twenty (20) feet wide alley; thence North 54 degrees West along line of said alley twenty-five (25) feet to Lot No. 35; thence North 36 degrees East along the line of said lot and passing through the center of the partition wall between the house hereon erected and the adjoining house on Lot No. 35, one hundred forty (140) feet to Eutaw Avenue; thence South 54 degrees East along the line of said Eutaw Avenue twenty-five (25) feet to the corner, the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house known as No. 312 Eutaw Avenue, New Cumberland, Pennsylvania. BEING Lot No. 36 in Block H in the General Plan of George W. Buttorff's Addition to New Cumberland, which plan is recorded in Deed Book N, Vol. 5, pages 498 and 499. Tax Parcel #25-0006-122 TITLE TO SAID PREMISES IS VESTED IN Robert F. Greene and Diane L. Greene, his wife by Deed from Gordon M. Chilcote and Verna N. Chilcote, his wife dated 3/30/1977 and recorded 4/1/1977 in Deed Book B, Volume 27, Page 996. PROPERTY KNOWN AS: 312 EUTAN AVENUE, NEW CUMBERLAND, PA 17070 t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1572 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From ROBERT F. GREENE, 312 EUTAW AVE., NEW CUMBERLAND PA 17070 and DIANE L. GREENE, 12 W. PINE ST., ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 312 EUTAW AVE., NEW CUMBERLAND PA 17070. (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 gamishee(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/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $60,621.83 L.L. $.50 Interest 5/11/02-9/4/02 ($9.97/DIEM) $1,166.49 DueProthy $1.00 Arty's Comm % Other Costs Arty Paid $138.08 Plaintiff Paid Date: MAY 13, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: 1617 JFK BLVD., STE 1400 PHILDELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 By: a Real Estate Sale # 48 On June 10, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA Known and numbered as 312 Eutaw Avenue, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2002 By: (I O_u co 6__,,q &"aw I'A V 0 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 81,2 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 July and the 6th day(s) of August 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 =' ? .................................. .,, ri.. G ? COPY Sworn to and subscribed before th 14th da of A t 2002 A.D. SALE #48 Notarial Seal REAL ESTATE SALE No. 48 Terry L. Russell, Notary Public Writ No. 2002-1572 City Of Hamsburg, Dauphin County NC)TARY PUBLIC Civil Term My Commission Expires June 6, 2006 GMAC Mortgage Corp. Member, Pennsylvania Association Of Notaries commission expires June 6, 2006 vs Robert F. Greene Diane L. Greene CUMBERLAND COUNTY SHERIFFS OFFICE Atty: Frank Federman CUMBERLAND COUNTY COURTHOUSE DESCRIPTION ALL THAT CERTAIN lot or piece of land situate CARLISLE, PA. 17013 in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, bounded and described in accordance with a survey and plan Statement of Advertising Costs thereof made by Ernest J. Walker, Professional To THE PATRIOT-NEWS CO., Dr. Engineer, dated November 30, 1968, as follows: BEGINNING at the Southwestern comer of For publishing the notice or publication attached Eutaw and River Avenues and extending South 36 hereto on the above stated dates $ 230.40 degrees West along the line of River Avenue one hundred forty (I40)feet toatwenty (20)feet wide Probating same Notary Fee(s) $ 1.75 alley; thence North 54 degrees West along line of Total $ 232.15 said alley twenty-live (25) feet to Lot No. 35; thence North 36 degrees East along the line of said lot and passing through the center of the partition wall between the house hereon erected Publisher's Receipt for Advertising Cost The Patriot News '.;o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. and the adjoining house on Lot No. 35, one hundred forty (140)feet to Eutaw Avenue; thence South 54 degrees East along the line of said Eutaw Avenue twenty-five (25) feet to the comer, the place of BEGINNING. HAVING thereon erected a two and one-half story brick dwelling house known as No. 312 Eutaw Avenue, New Cumberland, Pennsylvania. BEING Lot No. 36 in Block H in the General Plan of George W. Buttorff's Addition to New Cumberland, which plan is recorded in Deed Book N, Vol. 5, pages 498 and 499. Tax Parcel #254 0-122. By TITLE TO SAID PREMISES is vested in Robert F. Greene and Diane L. Greene, his wife, by deed from Gordon M. Chilcote and Verna N. Chilcote, his wife, dated 3/30/1977 and recorded 4/1/197 in Deed Book B, Volume 27, Page 996. PROPERTY known as: 312 Eutaw Avenue, New Cumberland, PA 17070. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 Z__ oger M. Morgenthal., Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 LOIS E. SNYDER, Notary Ptd* Carlisle Bao, Cw 1d Mr Capon E*= Mbnch 5,2W5 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 48 Writ No. 2002-1572 Civil GMAC Mortgage Corporation VS. Robert F. Greene and Diane L. Greene Atty.: Frank Federeman DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cum- berland, State of Pennsylvania, bounded and described in accor- dance with a survey and plan thereof made by Ernest J. Walker, Profes- sional Engineer, dated November 30, 1968, as follows: BEGINNING at the Southwestern corner of Eutaw and River Avenues and extending SoaLh 36 degrees West along the line of River Avenue one hundred forty (140) feet to a twenty (20) feet wide alley: thence North 54 degrees West along line of said alley twenty-five (25) feet to Lot No. 35; thence North 36 degrees East along the line of said lot and passing through the center of the partition wall between the house hereon erected and the adjoining house on Lot No. 35, one hundred forty (140) feet to Eutaw Avenue; thence South 54 degrees East along the line of said Eutaw Avenue twenty-five (25) feet to the corner, the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house known as No. 312 Eutaw Ave- nue, New Cumberland, Pennsylva- nia. BEING Lot No. 36 in Block H in the General Plan of George W. But- torffs Addition to New Cumberland, which plan is recorded in Deed Book N, Vol. 5, pages 498 and 499. Tax Parcel #25-0006-122. TITLE TO SAID PREMISES IS VESTED IN Robert F. Greene and Diane L. Greene, his wife by Deed from Gordon M. Chilcote and Verna N. Chilcote, his wife dated 3/30/ 1977 and recorded 4/1/1977 in Deed Book B, Volume 27, Page 996. PROPERTY KNOWN AS: 312 EU- TAW AVENUE. NEW CUMBER- LAND, PA 17070. ?f