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HomeMy WebLinkAbout02-4810FEDERMAN 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 Plaintiff DAVID E. BEITZEL 542 ALLENVIEW DRIVE CUMBERLAND, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY [NFORMATION 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 AVEN[~ CARLISLE, PA 17013 (717) 249-3166 Loan #: 306904019 RMS 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 AFYER 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 MAlL 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: DAVID E. BEITZEL 542 ALLENVIEW DRIVE CUMBERLAND, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 6/23/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EAGLE NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1553, Page 835. By Assignment of Mortgage recorded 1/24/00 the mortgage was assigned to HEADLANDS MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 636, Page 448. By Assignment of Mortgage recorded 5/14/01 the mortgage was assigned to GMAC MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 674, Page 841. By Assignment of Mortgage recorded 8/22/02 the mortgage was assigned to GREENPOINT MORTGAGE FUNDING, 1NC. which Assignment is recorded in Assignment of Mortgage Book No. 689, Page 2983. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 6/1/02 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. The following amounts are due on the mortgage: Principal Balance Interest 5/1/02 through 9/1/02 (Per Diem $25.32) Attorney's Fees Cumulative Late Charges 6/23/99 to 9/1/02 Cost of Suit and Title Search Subtotal $99,930.26 3,139.68 1,225.00 0.00 550.00 $104,844.94 Escrow Credit 0.00 Deficit 519.18 Subtotal $ 519.18 TOTAL $105,364.12 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 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 $105,364.12, together with interest from 9/1/02 at the rate of $25.32 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. DERMAN A PH LP By." I /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL TI:IAT CERTAIN pie¢8 or par~l o£ land, situate h~ Upper Allcrt Township, Cumberland Cotmty, P~nnsylvania, more pa~icularly ~ond~ anti desc~bcd as follows: BEGI~NG at a point at tho dividing line between Lots Nos. 12-A and 12-B ~n hereinaftcr mentioned Plan oC Lots; titcnc~ No~h 38 clagrccs 58 minut~ 40 seconds ~nst, a distance of 23.92 feet to a point, ~o dividing [ina betwcen Lota Nos. 12-B and I2-C; along ~id dividing lin~, South 51 dagre~ 01 minuto 20 ~con~ ~t, a distana~ o~ $7.08 fe~t to a point; dxel~ce South 38 dagre~ $8 minut~ (~) aeconds West, a distanco of 23.92 fest to a ~int, the dividing line bctweetl Lo~ Nos. 12-A and 12-B; thenc~ along said divi(Iing linc, 5t degrees 0t minute 20 sccotl~ W~t, a distance of 57.08 feet to a point, T~E PLACE OF BEGINNING. BErG ~t No. 12-B, Building 12, Smgc ~I, S~cdon D of Allenview as rcc~rdgd in Plan Book 47. page 43. BEING th~ ~me prcmi~ which tho 36d~ Street ~sociat~, a p~nnsylvania Pamaczship, by deed dated April ~6, 1995, and recorded Apd[ 28, 1995, in tho Officc of thc Recordcr of Deeds in and for ~umbcrland County in Deed 8ook 121, Page 491, grmatcd at~d convcycd unto A. ~alabe~na, Grantor h~rein.. P~ISES BEING: ~ ~L~I~ DRI~ VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN REGULAR CASE NO: 2002-04810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS BEITZEL DAVID E JASON VIORAL Cumberland County,Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was BEITZEL DAVID E Sheriff or Deputy Sheriff of sworn according to law, served upon the DEFENDANT at 2025:00 HOURS, at 542 ALLENI/IEW DRIVE MECHANICSBURG, PA 17055 DAVID BEITZEL on the 30th day of October 2002 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 24.84 Affidavit .00 Surcharge 10.00 .00 52.84 Sworn and Subscribed to before me this ~-- day of ~ ~O2~ A.D. ! ~rothonotary So Answers: R. Thomas Kline 10/31/2002 FEDERNDtN & PHELAN .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. DAVID E. BEITZEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4810 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID E. BEITZEI,~ Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 day's 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 9/2/02 to 12/9/02 TOTAL 05,364.12 2,506.68 $107,870.80 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA . PRO PROTHY BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Ph/ladelphia, PA 19103-1814 ~15) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. Attorney for Plaintiff COURT OF COMg40N PLEAS CIVIL DIVISION DAVID E. BEITZEL : CUMBERLAND COUNTY Defendant (s) : NO. TO: DAVID E. BEITZEL 542 ALLE~IIEW DRIVE CUMBERLAND, PA 17055 DATE OF NOTICE: NOVEMBER 20, 2002 THIS FIRM IS ~ DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS N' ~ OTI(_E IS SENT TO YOU IN AN, ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, gird ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN Bg-NKRUPTCY, 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. !MPORTANTNOTIC~ You are in default because you have failed en~ter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against Unless you act within ten '10' [ ) days from the date of this ~lce, a Judgment may be entered a a' . . ~..~ ~ay lCse your property or ~t.you .without a hearing o~u~u ca~e thls notice to a 1~ ..... ~=~ important rights. You lawyer or cannot afford one, go to or telephone the following ~"~ ~c once. If you do not have a office to fi:nd 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 1~215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPR/SE ROAD, SU/TE 150 Plaintiff, V. DAVID E. BEITZEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4810 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID E. BEITZEL is over 18 years of age and resides at, 542 AhLENVIEW DRIVE, 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 WR/T OF EXECUTION _ (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID E. BEITZEL Defendant(s). No. 02-4810 _. .. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/10/02 to 6/11/03 (per diem -$17.73) TOTAL $107, S70.S0 v/ ~ 3 2~2_62.32___._~d C___ost~ss $111,133.12 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: P/ease attach description of property. No. · cmzz~N piece or ~land Count~, ~ parcel ~land, .situate in Ur,~r follows: ~ ~aqnsyl~, particularly bou~d~ Allen Townsh/p, ~ at a point at the divid/r~ line between Lots Nos. 12-A and 12-B on the hareinafter n~ntioned Plan of Lots: ~]~ North 38 dec3rees 58 minutes _ ~ to a point, the divid/r~ 40 seconds East, a ctistanc~e of 23.92 feet line between Lots Nos. 12-8 ar~ 12-C; / ~ ~ said d/vidir~ lin~, South 51 dec3rees 01 minutes 20 seconds East, a d/stance of 57.08 feet to a point; Ti~INCE South 38 dec3rees 58 mir~tes to a Point, the d/vid/r~ 04 seconds West, a d/stance of 23.92 feet line between Lots Nos. 12-A and 12-B; TH~ alone3 sa_id dividir~ lille, North 51 decjrees 01 minutes 20 seconds a dista/Tce of 57.08 feet to a point, the place of B~GI~. ~est, BE]lNG Lot lqD. 12-9, Btiildir~ /2, Stacje III, Section D of Allernziew as recorded in Plan Book 47, pa~3e 43. BE]lNG PARCEL NL~ 42-28-2423-386. ~ the same Premises which Joseph A. Calabrese, by Indenture dated January 30, 1998 and recorded in the Office of the Recorder of Deeds in ar]d for the fk~nty of Cumberland in Deed ~ok 171 pacje 750, granted du]d corn/eyed Unto David E. Beitzel. U~ER A~D ~ to ways, objections, any ar~ all covenants, conditions, eas~m~nts, a~reements, etc., as they appear of record. restrictions, right of Pr0pcrby: 542 ALLENVI~v~ DRIVE NfECHANICSBURG, PA 17055 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. DAVID E. BEITZEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4810 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID E. BEITZEL Defendant(s). CUMBERLAND COUNTY : COURT OF COMMON PLEAS : : CIVIL DIVISION : NO. 02-4810 : : AFFIDAVIT PURSUANT TO PULE 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 ~542 ALLENVIEW DRIVE~ 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) DAVID E. BEITZEL 542 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 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 ALLENVIEW HOMEOWNERS ASSOCIATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 3512 TRINDLE ROAD CAMP HILL, PA 17011 4. Name and address of last recorded holder of every mortgage of record: manle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the 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 542 ALLENVIEW DRIVE 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. December 9, 2002 ~'-~~ ~"~~-~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID E. BEITZEL Defendant(s). TO: DAVID E. BEITZEL 542 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 02-4810 December 9, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTK ** Your house (real estate) at ~ 542 ALLENVIEW DRIVE~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $107~870.80 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE, PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 A~. R~HAT C~R~kIN piece or parcel of lar~, situate in Upper Allen Township, , ~land (l~unty, Pennsylv-~nia, more particularly bounded and described as i follows: ~ at a point at the dividir~ lin~ bet~.~--~l Lots Nos. 12-A and 12-B on the h~reinaft~ me,ticked Plan of Lots; ~ North 38 dec3ree~ 58 minutes 40 seconds F~st, a d/star~ of 23.92 feet to a point, the dividir~ lir~ behween Lots Nos. 12-8 and 12-C; THENCE alc~ said dividin~ lirm, South 51 dagrees 01 minutes 20 seconds East, a distance of 57.08 feet to a point; THH~2E South 38 dec3rees 58 minutes 04 seconds West, a distance of 23.92 feet to a point, the dividin~ line be~.~.~c~n Lots Nos. 12-A and 12-B; TH~qZE alon~ said dividir~ line, Nolth 51 degrees 01 minutes 20 seco~Js West, a d/stance of 57.08 feet to a point, the place of B~GIlX~Ib~. BEINS Lot No. 12-B, Buildir~ 12, Stac3e III, Section D of Allenview as recorded in Plan Book 47, page 43. BE/NG p~. N1]~ 42-28-2423-386. ~ the same prenuses which Joseph A. Calabrese, by Indenture dated January 30, 1998 and recorded in the Office of the Recorder of Deeds in a~d for the County of Cumberland in ~ Book 171 page 750, granted and conveyed unto Dav/d E. Beitzel. ~ AND ~ to any and all covenants, conditions, restrictions, right of ~al;~, objectic~s, easements, a~ts, etc., as they appear of record. Pr0p~rty: 542 ALLENV~%V DR/V~ i~%[ECHANICSBURG, PA ! 7055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due From NO 02-4810 Civil CIVIL ACTION - LAW (2) of GM[AC M[ORTGAGE COR~PORATION Plaintiff (s) DAVID E. BEITZEL, 542 ALENVIEW DR., M[ECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 542 ALLENVIEW DR., MECHANICSBURG PA 17055 (SEE * ATTACHED LEGAL DESCRIPTON). You are also directed to attach the property of the defendant(s) not levied upon in the possession GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been is : · paying any debt to or for the acc ...... ~ ......... sued. (b) the garmshee(s) is enjoined from .... ,,, L.~ ue~enoant ~s) ana trom 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 $107,870.80 Interest 12/10/02 TO 6/11/03 ~ $17.73/per diem Atty's Corem % Atty Paid $129.84 Plaintiff Paid Date: DECEMBER 13, 2002 L.L. $.50 $3,262.32 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Prothonot~ary ./ ,t t ,.~ Deputs~ U Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 HILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 GMAC Mortgage Corporation VS David E. Beitzel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4810 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 Law Library .50 Prothonotary 1.00 Levy 15.00 Poundage 2270.36 Mileage 8.28 Share of Bills 25.21 $2370.38 paid by attorney 4/14/03 Sworn and subscribed to before me So Answers: This ~ day of ~.~ ~"~ f~-4 ~ R. Thomas Klin~, Sheriff 2003, A.D. ,.4] t. t, ~,, ~ ,,,~_ ~ ~r2t~o~ary ~ BY~~ Real Est~e Deputy GMAC MORTGAGE CORPORATION Plaintiff, DAVID E. BEITZEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4810 AFFIDAVIT PURSUAI~T TO (Affidavit No. 1)~d G~C MORTGAGE CO,OPTION, Plainfiffin the above action, by its aRomey, FEDEX, ESQ--, sets fo~ as of~e date ~e ~aecipe for the Writ of Execution was filed ~e follow~g ~fo~afion conce~ng ~e real propeay located at ~542 ~LENVIEW MEC~ICSB~G~ 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) DAVID E. BEITZEL 542 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 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: Nanle ALLENVIEW HOMEOWNERS ASSOCIATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 3512 TRINDLE ROAD CAMP HILL, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NalTle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NalTle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 542 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 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 tmsworn falsification to authorities. December 9, 2002 · DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 'GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID E. BEITZEL Defendant(s). TO: DAVID E. BEITZEL 542 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 · CUMBERLAND COUNTY No. 02-4810 December 9, 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 IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at ~ 542 ALLENVIEW DRIVE~ MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriff's Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $107~870.80 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announce/nent 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. Yoti 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 mount 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 fights 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 7/qAT ~ piece or parcel of land, ~ituate in Upper Allen Township, -Cumberl~ Gotu~y, Pennsyl%~nia, more particularly bounded and described as follow: ~ at a point_ at the dividing line between Lots Nos. 12-A and 12-B on the hereinafter mentioned Plan of Lots; ....... ~ North 38 degrees' 58 minutes 40 seconds East, a distan6e of 23.92 feet to a point, the dividi~ line between Lots Nos. 12-B and 12-C; TH~gCE alor~ said dividing line, South 51 degrees 01 minutes 20 seco ~r~_s EasT, a distance of 57.08 feet to a point; TH~gCE South 38 degrees 58 minutes 04 secor~i~ West, a distance of 23.92 feet to a point, the dividing line between Lots Nos. 12-A and 12-B; THf~E~ along said dividir~ line, North 51 degrees 0i minutes 20 seconds West, a distance of 57.08 feet to a point, the place of B~GINNING. BEING Lot No. 12-B, Buildin9 12, Stacje III, Section D of Alle_nview as recorded in Plan Book 47, pac3e 43. BEING P~.~FR42-28-2423-386. R~Gth~samep£e,-~seswhichJosephA. Calabrese, by Indenture datedJanuary 30, 1998 and recortfad in the Office of the Recorder of Deeds in and for the County of Cumberland in DeedBook 171 page 750, granted andconveyed unto David E. Beitzel. L~qDERAR~SUBJ~CTtoanyandall covenants, c~nditions, restrictions, right of ~ays, objectic~s, easements, agreements, etc., as they appearof record. Property: 542ALLENVIEWDRIVE MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4810 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORI~PORATION Plaintiff (s) From (1) (2) of DAVID E. BEITZEL, 542 ALENVIEW DR., MECHANICSBURG PA 17055. You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 542 ALLENVIEW DR., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTON). You are also directed to attach the property of the defendant(s) not levied upon in the possession GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,870.80 Interest 12/10/02 TO 6/11/03 ~ $17.73/per diem Atty's Comm % Atty Paid $129.84 Plaintiff Paid L.L. $.50 $3,262.32 Due Prothy $1.00 Other Costs Date: DECEMBER 13, 2002 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Prothonotary By: '~0.4A~~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 HILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 17 On February 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA known and numbered as 542 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 Real Estate Deputy