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HomeMy WebLinkAbout01-5374FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 ~ 1814 (215) 56'~-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff AUDREY A. SWEENEY 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIl, A~TION = [,AW COMPI,iINT IN MORTGAGE FORECI,OfllTRI~, NOTI(?~ **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 #:306028550 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 The name(s) and last known address(es) of the Defendant(s) are: AUDREY A. SWEENEY 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/12/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1422, Page 182. Said Mortgage was re-recorded on 5/20/98 in Mortgage Book No. 1454, Page 72. By Assignment of Mortgage recorded 7/21/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 583, Page 262. 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 3/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 2/1/01 through 9/1/01 (Per Diem $18.53) Attorney's Fees Cumulative Late Charges 12/12/97 to 9/1/01 Cost of Suit and Title Search Subtotal $87,255.03 3,946.89 4,000.00 154.56 750 00 $96,106.48 Escrow Credit 0.00 Deficit 1,354 70 Subtotal $1:354 70 TOTAL $97,461.18 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. The mortgaged premises is ~ and abandoned WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,461.18, together with interest from 9/1/01 at the rate of$18.53 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. - FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THOSE CERTAIN tracts of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as foIlows: TRACT NO. I BEGINNING at a point in the center line of the Trindle Road a: corner of lands of j. M. Burlington; thence aIong the center line of said Trindle Road, South 72 degrees 45 minutes West, one hundred Sixty-one and six-tenths (161.6) feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence alon§ the Eastern line of Said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred' (200) feet to a stake; thence along the l~ne of other lands of Forrest S. Brenneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of ~ands of J. M. Burlington; thence along said line of lands of J. M. Burlington, South 13 degrees 15 m~nutes East, two hundred and Cwenty-seven one-hundredths (200.27) feet to a point in the center line of the TrindIe Road aforesaid', at the place of BEGINNING. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded December 1, 1959 in the OFfice of the Recorder of Oeeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Wi!1i~.ms and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwest:er} corner of other land of Percy S. WilIiams and Sarah Ruth Williams, ~he same being aisc in the iine dividing said other land of Percy S. W~iIiams and Sar]h Ruth Williams from the Lot herein described, thence extendin~ along the ~ine ~ other land of the Forrest S, Brenneman Estate, of which thi~ is a part, Normh 16 de~rees 15 minutes West, 200.00 feet to an iron pin; thence along the line o'F l~nd o~ the same, North 78 degrees 45 minutes East, 148.67 feet to an iron ~q ~n the I~ne mf land of Colt PIumbing Company, Inc.; ~hence along ~he line of said land of Colt PIumbing Company, Inc., South 32 degrees 34 minutes 2B seconds Eas~, 132.21 feet to an iron pin; g~ence along the line of land of the same~ South 13 degrees 15 minutes East, 57.06 feet to an iron pin a~ the Northeasterr corner of o~her land of Percy S. WiIliams and Sarah Ruth Williams; thence alon!! t~e line of said other land of Percy S. Williams and Sarah Ruth Williams, South ?~: ~egrees 45 minutes Nest, 182.30 feet to an iron pin in the Northwestern corner mf sa~d other land ef Percy S. Williams and Sarah Ruth WiI11ams, at the point and place of BEGINNING. BEING Lot No. 2 on %he final subdivision plan for Fortes1: said Pian is recorded in the CumberIand County Recorder's No. 40, at page 98. 5. Brenneman, which Of'fZce in PIan Book . BEING %he same premises which The Commonwealth Nationai B4.n<, by Deed da~ed September 15, 1981 and recorded October 22, 1986 in the Cumberland County Recorder of Deeds Off~ce in Deed Book "P", Volume 29, Page 89, gr~nted and conveyed unto Percy S. WilIiams and Sarah Ruth Williams. The said Sar'aI~ Rut~ Wil!iams died January 19, 1991 at which t~me title in fee simple vested by survivorship in Percy S. Williams, the Grantor herein. UNDER AND SUBJECT, nevertheless, to easements, conditions and rights-of-way of record. PREHISES: I146 ~EST TRUNDLE ROAD restrict[on~;, reservations, 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 unswom falsification to authorities. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff, AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-5374 CML TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AUDREY A. SWEENEY and, 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 9/1/01 to 10/25/01 TOTAL $ 97,461.18 $1,000.62 $98,461.18 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. FRAI~F~ ~"VEDERMAN, ESQUII~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. /'} DATE: ~,.~' t ~0o1 ~'~9 ~'~.. _ PRO PROTHY (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 Plaintiff, AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ,_~r~,. / 2001. DEPUTY t' 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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT 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 GMAC MORTGAGE CORPOP_ATION Plaintiff VS. AUDREY A. SWEENEY : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-5374 CIVIL Defendant (s) TO: AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 DATE OF NOTICEs OCTOBER 11,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, AUDREY A. SWEENEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIKE, 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 AUDREY A. SWEENEY is over 18 years of age and resides at, 111 SOUTH CHESNUT STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION : Plaintiff, : AUDREY A. SWEENEY : Defendant(s). : No. 01-5374 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/25/01 to 3/6/02 (per diem - 16.19) TOTAL $98,461.18 $2,136.49 and Costs $100,597.67 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL T~IOSE CERTAIN tractS of land sivaate in the ToWnship of Silver Spring, County of Cumberland anti State of pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a point in the center line of the Trindle Road at comer of lands of J.M. Buffmgton; thence along the center line of said Trin~le Road, South 72 degrees 45 rain,ires West, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fffl'y (50) foot wide street, North 16 degrees 15 minu~es West, taro hundred (200) feet ~o a st~kc; thence along the line of other lands of Fortes! S. Brenneman, of which this is a part, North 72 degrees 45 minutes ?.asr, one hundred eighty-two and three-tenths (182.3) feet to a stsc in the ~ of lands of I. M. Buffingron; thence along said line of lands of I. M. Buffington, South 13 degrees 15 minutes Bast, two hundred and twenty-seven one-hundredths (200.27) feet To a point in thc center linc of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded Dccember 1, 1959 in the Oft'me of the R~corder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwestern corner of other land of Percy S. Williams and Sarah Ruth Williams, th~ same being 'also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williatns from the Lot herein described, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, lac.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the line of land of the same, South 13 degrees 15 mingteS lc,~t, 57.06 feet tO aa iron pin at the Northeastern corner of other land of Percy S. Williams and Sarah Ruth Williams; thence along the line of said other land of Percy $. Williams and Sarah Ruth Williams, South 72 degrees 45 mlnutos West, 182.30 feet to an iron pin in the Northwestern comer of said other land of Percy S. Williams and Sarah Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan for Forrest S. Brenneman, which said Plan is recorded in ~ Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map ~9-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12/97, recorded 12/17/97, in Record Book 169. Page 493. GMAC MORTGAGE CORPORATION Plaintiff, AUDREY A. SWEENEY Defendant(s). cUMBERLAND coUNTY cOURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM 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 ,1146 WEST TRINDLE ROADa MECHANICSBURG~ PA 17055 ... 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, STE. 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 29, 2001 ~ A~.tx~, DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, AUDREY A. SWEENEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff GMAC MORTGAGE CORPORATION : Plaintiff, : AUDREY A. SWEENEY : : Defendant(s). : CUMBERLAND COUNTY No. 01-5374 CML TERM October 25, 2001 TO: AUDREY A. SWEENEY 111 SOUTH CItESNUT STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 98,461.18 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SALVE YOURPROPERTY AND YOU HAVE OTHER RIGHTS EVEN~IF THE SI-gERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE CERTAIN tracts of land situate in the Tawmhip of Silver Spring, Caviaty of Cumberland and St=t~ Of-P~ylv~fia; bounded and deseribed a.s follows: TRACT NO. 1 BEGINNING at a point in the center line of the Trindle Road at comer of lands of $.M. Buffington; thence along the center line of said Trindle Road, South 72 degrees 45 rnin~ltei West, one h~ndred sixty-one ami sLx-tenths (161.6) feet to a:point in said center line, being also in the Eastern line of a proposed fifty (50) foot wide streW; thellce along the F, astern ~ of said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West, two hundred (200) feet to a sr~e~; thence along the line of other lands of Forrest S. Br~nnerrlan, of' which [his is a pa~, North 712 degrees 45 minnies East, one htmdred eighty-two ~ three.t~nth~ (182.'4) feet to a sr~P,~ in the lin~ of lands of I. M. Bufflngtnn; ~h~nce along said lin~ of la'ads ofl. M. Bufflngton. South 13 degrees 15 minutes East, ~wo hundred twenty-seven one-l~undredths (200.27) feet to a point in ~he center lin~ of ~he Trinclle Road aforesaid. at the place of beginning. BEING the s~n~e premises which Forrest 5. Brenneman and Helen Brenneman, his wife, by Deed daied November 5, 1959 and r~corded D~cernber 1, 1959 in the Office of the R~order of Deeds in and for Cumberland County. pennsylw-!,~ in Deed Book "lq", Volume 19, Page 459. granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. :l BEGINNING az a poinl marked by an iron pin in the Northwestern comer of other land of Percy S. Williams and Sarah Ruth Williams, th~ ~amc being also in the linc dividing said othcr land of Percy S. Williams and Sarah Ruth Williams from the I.at herein described, thence extending along the line of other land of the Forrest S. Brenneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 14g.~7 feel to an iron pin in the line of Colt Plumbing Company, Inc.; thence along the line of said land of Colt Plumbing Company, Inc., Sonti~ 32 degrees 34 minutes 20 seconds East, 1'42.21 feet to an iron pin; thence along the line of land of rh~ same, South 13 degrees 15 minutes 1;.~st, 57.06 feet to an iron pin at the Northeastern corner of other la.nd of Percy S. Williams ~ Sarah Ruth Williams; thence along the line of said other land of Percy $. Williarn.s and Saratl Ruth Willi.~m.% South 72 degre~ 45 mlnWt~$ West, 182.30 feet to an iron pin in the Northwestern corner of said other land of P~rcy S. Williams and Sarah Ruth Williams, at the point and place of beginning. B~.INC~ Lot No. 2 on the final subdivision plan for Forrest $. Br~nneman. which said Plan is reco~k'd in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map//09-0539-012 TI~L,E TO SAID PREMISES IS VESTED IN Audrey A. Sweeney. single by Deed from P~rcy $. Williams, widower dated 12112/97, recorded 12/17/97, in R~cord Book 169, Page 49~. · $ ~i~=d moi~ ~ ~iq ~l~u.ts '~i~uaan~S 'y Xaxpn¥ t~1 CI~LS"~A S1 S"~II~lid CII¥S 03, ~I,I,LL [I0"6£g0-60# '~6 a~d :~ '0'1, 'oN ~!oo8 ~ u! a'r~0 s,.~:~oo.~ ~moD pu~l~ ~ m. papao:~.~ ~. '~eld p.tes qo~ '~ematma.~8 '$ ~sauo& zo.~ ~ld uo! .r~.qXlnS ~ eq~ uo [ 'oN :~o"I O.kl]~8 'ON 'a.1..u~ .slq 'su~.q'l!.~ q'm~l q'exeS pue sU~.lI!.A~ 'S ,io.~d mtrn pa..ianuo= p~e palu'e'r:~ '6.c9 a~td '6[ =mnlOA ',,i',,l,, ::ioofl P:'aC1 m. '~!u~inl,%uuaa' '/aano3 pueizaq, mn3 ~oJ p~ m. spaaCI ~o ~,~P~O=~l aql ~o o:~j~0 aql m. 6961 '1 ~aqma~aCI pap~o~a.~ Im~ 696I '~ ~aqma^oN palep paacI ,iq 'a .tL~ s!q "o~auua.zi[ UapH pu~ ~al~azE[ .$ lsa.uo& q:~.n:l,v, sa .sr, ua4d am~s aq'l DNl":Jl~ I · ON: .Lg~ :s..v, OllOJ. s'e paq..Lmsap pua papunoq':~u!t, uAl.l~,'V, uad..,I0 alms pu~ :' ::':: : ' PUel~qcua3 ~.o. ,(~u'aoD 'ltu'Ft d$ aa^II.S .lo d!qsu,v.O,L al4~,~ aletu!s pual,IO srosa NIYJ.,~IED :3SOI-LL TlrV PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION AUDREY A. SWEENEY SERVE AUDREY A. SWEENEY AT 111 SOUI'Ii CHESNUT STREET MECHANICSBURG, PA 17055 CUMBE~D COUNTY No. 01~5374 CIVIL TERM ACCT, ~306028fl50 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 at [[:0~, .o'clock.~..m.,at //I ~, of Pennsylvania, m the manner described below: ~ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of bnsiness. an officer of said Defendant(s)'s company. SERVED ~.e..~n./ ,Defendant, onthe / ? dayo /~/ ,2001, __ Other: Description: Age ~"~ )~t:~' / ~ 51 Height,6'~ Weight ]..~c~ Race ~/~[' Sex I, C ~ ~ e Nc L ~, ~ ~ ~/~a coherent ad~ berg duly sworn accor~g to law, depose state ~t I persomlly ~ded a ~e ~d co.eot copy of ~e Nofi[e of ShreWs Sale ~ ~e ~er as set fo~ here~ issued ~ ~e captioned case on ~e date ~d at the ad.ess ~dicated above.~ I ~ARIAL S~L Swomtoandsubscnbed I ............ I NOT SER~D On the day of ,200._, at o'clock __.m., Defendant NOT FOUND because: Moved __ Unknown__ No Answer Vacant Other: Sworn to and subscribed before me this __ day of ,200 __. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SALE DATE: MARCH 6, 2002 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 01-5374 CIVIL TERM VS. AUDREY A. SWEENEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 25, 2002 FRANtK FEDEI~IAN, ES'QIJfRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: SalTle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. N.ame and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, STE. 155 MECI-IANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 October 29, 2001 DATE 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. FRANK FEDERMAN, ~SQUIRE Attorney for Plaintiff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) AUDREY A. SWEENEY PROPERTY: 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6~ 2002, at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Streek Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days afier sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION VS. AUDREY A. SWEENEY No.: 01-5374 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retum Receipt stamped by the U.S. Postal Service is attached for each notice. February 25, 2002 FRANK FEDER2ViAN, ES'~ZrlRE Attorney for Plaintiff GMAC Mortgage Corporation VS Audrey A. Sweeney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5374 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 11.70 Levy 15.00 Advertising 15.00 Certified Mail 1.63 Poundage 21.32 Postpone Sale 20.00 Law Journal 507.20 Patriot News 404.70 $1087.25 paid by attorney 6/06/02 Sworn and subscribed to before me This 7 ~ day of~.~_~ Prothonotary R. Thomas Kline, Sheriff t~eal Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of thc said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. R~AL ESTATS 8AL~ NO. 26 Writ No. 2001-5374 Civil GMAC Mortgage Corporation ¥$. Audrey A. Sweeney Arty.: Frank Federman ALL THOSE CERTAIN tracts of laxld situate in the Township of Sil- ver Spring, County of Cumberland and State of Pennsylvania. bounded ~qd described as follows: TRACT NO. 1 BEGINNING at a point in the cen- ter line of the Trindle Road at cor- ner of lands of J.M. Bufflngton; thence alo~ the center line of said Trindle R~ad, South 72 degrees 45 minutes West, one hundred sixW- one and six-tenths {161.6) feet to a point in satd center line, being also In the Eastern fine of a proposed fifty {50) foot wide street; thence along the Eastern line of said pro- posed fifty (50} foot wide street, North 16 degrees 15 minutes West, tor-' SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 I LOtS fi. SN'~P~ ~o,'a~ Public I THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Coun~neous Book "M", Volume 14, Page 317. PUBLICATION .................................................................................. COPY Sworn to and s~h~.rih~l h~-f,'~.~ *--~.his 22nd da~ of Eebruerv 2002 A D · -7 ' ' ' J ~E~.~S.~ , I N~TARY PUBLIC Me.er, p~nsyNama A~ ~ ~y commission expires June 6, 2002 ;~; I CUMBER~ND ~U~ SHERIFFS OFFICE ~ ~ CUMBERED ~U~~SE 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 $ 403.20 $ 1.50 $ 404.70 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-New~ 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. GMAC MORTGAGE CORPORATION Plaintiff, AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5374 CIVIL TERM 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 ~1146 WEST TRINDLE ROAD~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sartle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Ngrae and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) C1TIFINANCIAL, INC. 6520 CARLISLE PIKE, STE. 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Nalne 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: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 29, 2001 ~[/b-A~, ~ A ,~Xk_,~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, AUDREY. A. SWEENEY ' Defendant(s). CUMBERLAND COUNTY No. 01-5374 CIVIL TERM October 25, 2001 TO: AUDREY A. SWEENEY 111 SOUTH CHESNUT STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at, 1146 WEST TRINDLE ROAD~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 98~461.18 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ~.BLE TO SAVE YOUR~PROPERTY AND YOU'HAVE OTHER RIGHTS'EVEN IF THEiSHERIFF~S SALE DOES TAKE PLACE: 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling {215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE CERTMN trm:u of land situate/ri,the T~wnship of Silver Spring, County of Cumberland and Sr~ of p~_.,~sylva~ia, bounded aml:descn'bed a~ follows: TRACT NO. 1 BEGINNING ara point inthe center line of thc Trindle Road at comer ~of lands of J.M. Buffin~on; thence along thc eenter line of said:Tringle Road, South '/2 degrees 45 minutes West, o~e hundred siXty-one and sL'i-r.~v, hs (161.6) feet to a point in said center line, being also in thc Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fifty (50) foot ~ street, North 16 degrees 15 minutes West, two hundred (iiX)) feet to a stake; thence along the line of other lands of Forrest S. B~nne~an, of which this is a part, North '/2 degrees 45 minutes l::~st, one hundred ei/hty-two and three-tenths (1~2.3) feet to a stake in the ~ of lands of I. M. Buffingr~n; fltence along said line of lands of I. M. Buffinltton, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Fortest S. Brenne,~n and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded December 1, 1959 in the Office of the R~corder of Deeds in and for Cumberland County, pennsylvania, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto P~'cy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an h-on pin in the Northwestern comer of other land of Percy S. Will/ams and Sarah Ruth Williams, the same being also in the linc dividing said otl~r land of Percy S. Williams and Sarah Ruth Williams from the Lot herein described, thence extending along the line of other land of the Forrest S. Brenncman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.57 feet to an iron pin in th~ line of Colt Plumbing Company, Inc.; thence along the line of said land of Coil Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds Fast, 132.21 feet to an iron pin; thence along the line of land of the same, South 13 degrees 15 minutes Fast, 5'/.06 f¢"t 5o an iron pin at the Northeaitcrn corner of other land of Percy S. Willlnms and Sarah Ruth Wili!nms; thance along the tine of said other land of Percy S. Williams a~d Sarah Ruth Williams, South 70- degrees 45 r~inutes West, 182.30 feet to an iron pin in the Northwestern comer of Said other la~l of Percy S. Williams and Sarah Ruth Williams, at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan for Forres~ S. Brenncman, which said Plan is recorded in the Cumberland County Recorder's Office in Phn Book No. 40, at page 98. Map ~09-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy 5. Williams, widower dated 12112/97, recorded 12/17/97, in R~cord Book 169, Page 493. WRIT OF EXECUTION ~nd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. COUNTY: GHAC Mortqaqe Corporation 01-5374 CIVIL ![~ TEI%~ CIVIL ACTION - LAW PLAINTIFF(S) from Audrey A. Sweeney, 111 South Chestnut St., Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell S~e 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 lo 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 slated. Amount Due $98,461.18 L.L. $. 50 from 10/25/01 to 3/6/02 (per Interest ~$2,136.49 ~,~nd Ccctc Due Prothy $1,00 Atty's Comm % Other Costs Ally Paid $106.50 Plaintiff Paid Date: H~.,_~m..be~,- 1. ?¢~Q1 Deputy CL~t~.~ R. Lonq Prothonotary, Civil Division REQUESTING PARTY: Name ~, Esq. One Penn Center at Suburban Station Address: ......... r' ........ .z ...... rd, Suite 1400 Philadelphia, PA 19103-1814 A~orney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 ~EAL ESTATE SALE No.~_~ On November 14, 2001, the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered as 1146 West Trindle Road, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 14, 2001 Real Estat6 Deputy PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION AUDREY A. SWEENEY SERVE AUDREY A. SWEENEY AT 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No.01-5374 CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: 9/4/02 SERVED Served and madc known to ~,_~,A~\~ ~c~LL,~JL~.Defendant, onthe iq~J~ dayof~_.\LJ-/~0 ,200_Q~,.~ of Pe~ylva~a, ~ the ~er described below: ~Defend~t perso~lly se~ed. Adult f~ly me.er wi~ whom Defen~s) reside(s). Rela~om~p ~s Adult ~ ch~ge of Defen~t(s)'s residence who reused to give ~me or rela~o~p. __ M~ager/Clerk of place of lodg~g in which Defen~ffs) reside(s). __ Agent or person ~ c~ge of Defen~s)'s office or us~l place of bus.ess. ~ officer of s~d Defen~t(s)'s co~y. ~er: Desc~pti ~ Height ~ ~ Wei~t ~ Race ~ Sex~ O~er I,~ · ~[[~ ~~ , a coherent adult, berg d~y sworn accord~g to law, depose ~d s~te ~at I personally ~ded a ~e and co~ect copy of~e No~ce of Sheh~s Sale ~ ~e ~er as set fo~ here~, issued ~ ~e captioned case on ~e date and at the address indicated above. Sworn to and subscribed befor~ me this ] ~" day of ~ ,20OP,_. · ,, Lisa M. Greason, Notary Public I Carlisle Bom, Cumbeflar/d County | Moved Unknown By: ,200__, at No Answer NOT SERVED o'clock __.m., Defendant NOT FOUND because: Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Statio. n, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: GMAC MORTGAGE CORPORATION ) ) CIVIL ACTION VS. AUDREY A. SWEENEY CIVIL DIVISION NO. 01-5374 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 6/6/02 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 6/6/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: July 18, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 8593 4214 TO: AUDREY A~ SWEENEY 111 SOUTH CHESTNIYr STREET MECHANICSBURG, PA 17055 SENDER: KMD REFERENCE: SALES PS Form 3800, June 2000 RETURN l Postage RECEIPT Certified Fee · SERVICE Return Receipt Fee I [ Restricted Delivery I ~ Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provh~:l Do Not Use for IntemationN Mall POSTMt .34 1.90 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs, Sec 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 7th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5374, at the suit of GMAC Mtg Corp against Audrey A Sweeney is duly recorded in Sheriff's Deed Book No. 253, Page 3693. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of ~/O-F- , A.D. 2002 / RecoVer of Deeds GMAC Mortgage Corporation Vs Audrey A. Sweeney In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5374 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2002 at 3:11 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: Audrey A. Sweeney, by making known unto Audrey A. Sweeney personally, at 111 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2002 at 2:30 o'clock P.M., he posted a hue copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Audrey A. Sweeney, located at 1146 West Trindle Road, Mechanicsburg, 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: Audrey A. Sweeney, by regular mall to her last known address of 111 South Chestnut Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 17, 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 stun of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and the best price received for the same Secretary of Veterans Affairs, an Officer of The United States of America of Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $1,189.75, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 23.32 Posting Handbills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 20.00 Law Library Prothonotary 1.00 Mileage 13.80 Certified Mail 2.83 Levy 30.00 Surcharge 30.00 Law Journal 502.55 Patriot News 366.55 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $1,189.75 paid by attorney 9/17/02 Sworn and subscribed to before me This q _r~ day of 2002, A.D. Ca~,, 9r6thonotary s_wer~ Real Estate l~eputy GMAC MORTGAGE CORPORATION Plaintiff, AUDREY A. SWEENEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS i, HE FF'S NO. 01-5374 ~~:~'.~;~3 ~ 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 flied the following information concerning the real property located at 1146 WEST TRINDLE ROAD~ MECHANICSBURG~ PA 17055 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AUDREY A. SWEENEY ! 11 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ~ame 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.) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 1146 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 5, 2002 DATE ~P,~xlK FE~)ERMAN, ES'QUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION : Plaintiff, : AUDREY A. SWEENEY : : Defendant(s). : TO: AUDREY A. SWEENEY 111 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-5374 CIVIL TERM June 5, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1146 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055is 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 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. Ifthe Sheriff's sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OVqNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have &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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE'CERTAINtracts of land situate in the 'rowmhip of Silver Spring, County of Cumberland . and State' of pennsylvania,'bo~tnded"and:d~sCribedas' follows: : TRACT NO. 1 BEGINNING at a point in.the:center line of the Trindle :Road at comer of lands of J.M. Buffington; thence along the center line of said Trindle Road-~'South'?2 degr~e8 45 mimltes West, one hundred sixty-one and six-tenths (161.6) feet to a point in said center line; being also in the Eastern line of a proposed fifty (50) foot wide strut; thence along the Eastern line of said proposed fifty (50) foot wide street, North 16 degrees 15 minutes West. two hundred (200) fe~t to a stake; thence along the line of other lands of For'rest S; Br~nneman, of which this is a part, North 72 degrees 45 minutes East, one hundred eighty-two and three-tentEs (182.3) feet to a stake in the line of lands of J. M. Buffingmn; thence along said line of lands of 1. M. Buffington, South 13 degrees 15 minutes East, two hundred and twenty-seven one-hundredths (200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of beginning. BEING the same premises which Forrest S. Brenneman and Helen Brenneman, his wife, by Deed dated November 5, 1959 and recorded December I, 1959 in the Office of the Recorder of Deeds in and for Cumberland County, penn.qylvama, in Deed Book "N", Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwestern comer of other land of Percy S. Williams and Sarah Ruth Williams, the same being also in the line dividing said other land of Percy S. Williams and Sarah Ruth Williams from the Lot herein described, thence extending along the line of other land of the Forrest S. Breaneman Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East, 148.67 feet to an iron pin in the line of Colt Plumbing Company, Inc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East, 132.21 feet to an iron pin; thence along the ~ of land of the same, South 13 degrees 15 minutes East, 57.06 feet to an iron pin at the Northeastern comer of other laud of Percy S. Wiili.'am,~ and Sarah Ruth Williarn.~; thence along the line of said other land of Percy S. Williams and Sarah Ruth Williams, South 72 degrees 45 minutes West, 182.30 feet to an iron pin in the Northwestern comer of said other land of Percy S. Williams and Sarah Ruth Williams. at the point and place of beginning. BEING Lot No. 2 on the final subdivision plan for Forrest S. Brenneman. which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 40, at page 98. Map//09-0539-012 TITLE TO SAID PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. Williams, widower dated 12/12/97, recorded 12/17/97, in Record Book 169, Page 493. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OFPENNSYLVANIA) NO 01-5374 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From AUDREY A. SWEENEY, 111 S. CHESTNUT ST., MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 1146 W. TRINDLE ROAD, MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION.) (2) Y°u are als° directed to attach the property of the defendant(s) not levied upon hq 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) Ifpr°perty °f 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 98,461.80 L.L. Interest 10./26/01 - 9/4/02 @ $16.19/DIEM $5,083.66 Due Prothy Atty's Corem % Other Costs Atty Paid $1206.25 Plaintiff Paid $1.00 Date: JUNE 7, 2002 REQUESTING PARTY: By: ~ Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION SUITE 1400, PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonota~, Civil Division Real Estate Sale # 54 On June 14, 2002 the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 1146 West Trindle Road, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2002 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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-New~ 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. ...................................... C O P Y swo~n, to o.i~G oub~t~a~fure .rn,,..~.-~i~ 14th day~Augb'~ 2002 A.D. S A L E #54 TenyL. Russe~l, NotaryPuJ~'c //'~ /~. ~/' J~.~'. ./2'J My Commission Ex, res June u, zt,uo ~- , 'NOTARY PUBLIC Member, Pennsylvania ,~sscc~a~n U~ ~zanes My commission expires June 6, 2006 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 $ 364.80 $ 1.75 $ 366.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 148.67 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulariy 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. itor~' SWORN TO AND SUBSCRIBED before me this 9 .day of AUGUST. 2002 hTnfn,' 7/ . Lois E. Sm'D~. NomY ~ I Carl~ So~, Cumbedard CctV/ I REAL ESTATE SALE NO. 54 Writ No. 2001-5374 Civil GMAC Mortgage Corporation VS. Audrey A. Sweency Atty.: Frank Federman ALL THOSE CERTAIN tracts of land situate in the Tovaaship of Sil- ver Spring, County of Cumberland and State of Pennsylvania; bounded and described as follows: TRACT NO. 1 BEGINNING at a point in the cen- ter line of the Trindle Road at cor- ner of lands of J. M. Buffington; thence along the center line of said ~Prindle Road, South 72 degrees 45 minutes West, one hundred sixty-one and six-tenths (161.61 feet to a l~Ymt in said center line, being also in the Eastern line of a proposed fifty (50) foot wide street; thence along the Eastern line of said proposed fifty (50) foot wide street, North 16 de- grees 15 minutes West, two hun dred {200) feet to a stake; thence along the line of other lands of Forrest S. Brermeman, of which this is a part, North 72 degrees 45 min- utes East, one hundred eighty-two and three-tenths (182.3) feet to a stake in the line of lands of J. M. Bufflngton; thence along said line of lands of J. M. Buffhngten, South 13 degrees 15 minutes East, two hun- dred and twenty-seven one-hun- dredths {200.27) feet to a point in the center line of the Trindle Road aforesaid, at the place of begirming. BEING the same premises which Forrest S. Brenneman and Helen Brermeman, his wife. by Deed dated November 5, 1959 and recorded De- cember 1, 1959 in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania. in Deed Book 'N', Volume 19, Page 459, granted and conveyed unto Percy S. Williams and Sarah Ruth Williams, his wife. TRACT NO. 2 BEGINNING at a point marked by an iron pin in the Northwestern corner of other land of Percy S. Wflliarns and Sarah Ruth Williams, the same being also in the line di- viding said other land of Percy S. Williams and Sarah Ruth Williams from the Lot herein described, thence extending /dong the line of other land of the Forrest S, Brenne- man Estate, of which this is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin; thence along the line of land of the same, North 78 degrees 45 minutes East. 148.67 feet to an iron pin in the line of Colt Plumbing Company, Inc.; thence along the line of said land of Colt Plumbing Company, Inc., South 32 degrees 34 minutes 20 seconds East. 132.21 feet to an iron pin; thence along the line of land of the same, South 13 degrees 15 minutes East. 57.06 feet to an iron pin at the Northeastern comer of other land of Percy S. Williams and Sarah Ruth Williams; thence along the line of said other 1mad of 7- -......~ ~zuu. z;q feet to a point in the center line of the Trindle Road aforesaid, at the place of beginning. EEING the same premises which Forrest S. Brenneman arid Helen Brermema_n, his wife, by Deed dated November 5, 1959 aiad recorded De- cember 1. 1959 in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania, in Deed Book -N-, VOlume 19, Page 459. granted and COnveyed Unto Percy S. Will/ams and Sarah Ruth Wl/liams, his Wife. TRACT NO. 2 BEGINNING at a point marked by an Iron pin in the NorthWestern corner of other land of Percy S. Williams and Sarah Ruth Witliams, the Same being also In the /[ne riding said other land of Percy Williams and Sarah Ruth Wffihams from the Lot herein described, thence extending along the line of other land of the Forrest $. Brenne- man Estate, of which this Is a part, North 16 degrees 15 minutes West, 200.00 feet to an iron pin: thence along the line of land North 78 degrees of the same, 45 minutes East. 148.67 feet to an iron pin In the line of Colt Plumbing Co Inc.; thence along the lin m~pany. eol said la~d of Colt Plumbing Company, Inc., South 32 degrees B4 minutes 20 Seconds East. 1B2.21 feet to an iron pin; thence along the line of land of the Same, South 13 degrees 15 minutes East, 57.06 feet to an Iron pin at the Northeastern comer of Other land of Percy S. Williams and Sarah Ruth Williams: thence along the 1/ne of said other land of Percy S. Williams mud Sarah Ruth Williams, South 72 degrees 45 rain- utes West, 182.B0 feet to an iron Pin in the Northwestern corner of said Other land of Percy S. WillLams and Sarah Ruth Williams, at the point and place of beginning. B~I/~G Lot No. 2 on the final Subd~vlsmn plan for Forrest S. Bren. neman, which said Plan is recorded ha the Cnmberland County Record_ er's Office in Plan Book No. 40, at page 98. Map #09-0539-012, TITLE TO SA/D PREMISES IS VESTED IN Audrey A. Sweeney, single by Deed from Percy S. WI/- liams, Widower dated 12/12/97, recorded 12/17/97, in Record Book 169, Page 493.