HomeMy WebLinkAbout00-00232
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00232 P
COMMONWEALTH OF PENNSYLVANIA: ,__
COUNTY OF CUMBERLAND '
GMAC MORTGAGE CORP OF PA
VS
MATTHEWS SCOTT A ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MATTHEWS KIMBERLY D
the
DEFENDANT
, at 0014:54 HOURS, on the 10th day of February, 2000
at POE: GIANT FOOD CORP HEADQTRS HARRISBURG PIKE
CARLISLE, PA 17013 by handing to
KIMBERLY MATTHEWS
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10,00
.00
31.10
So Answers:
~~~~(
R. Thomas Kline
daY,of
02/17/2000
FEDERMAN & PHELAN
ti~P~iff
By:
Sworn and Subscribed to before
me this -lS't:::-
~ .;Linn.J A. D.
q.'r' Q ~ui~ .~
'. Prothonotary ,
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-00232 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP OF PA
VS
MATTHEWS SCOTT A ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
MATTHEWS SCOTT A
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
Non CE
, NOT FOUND , as to
the within named DEFENDANT
, MATTHEWS SCOTT A
DEFT. NO LONGER LIVES AT ADDRESS STATED,
BELIEVED TO BE LIVING IN PERRY COUNTY.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
6.00
7.44
5.00
10.00
.00
28.44
~
';rlY/ ,.J1!f!: ~
R. Thomas Kline ---"
Sheriff of Cumberland County
FEDERMAN & PHELAN
02/17/2000
Sworn and subscribed to before me
this
, ,OS"
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day
ofd~,.,..
I
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Pro " otary
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-00232 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP OF PA
VS
MATTHEWS SCOTT A ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MATTHEWS SCOTT A
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of PERRY
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On February 17th, 2000 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing .00
Out of County 9.00
Surcharge .00
Dep. Perry County 58.40
.00
67.40
, '02/17/2000
FEDERMAN & PHELAN
County
Sworn and subscribed to before me
this .J6'C: day of (LJ~
2fmO A.D.
el Q>~ ~-
1~ Prothonotary
"""'"
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GMAC Mortgage Corp. of PA.
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
Versus
Scott A. Matthews, at al
No. 2000.232
SHERIFF'S RETURN
And now January 23, 2000: Served the within name Scott A Matthews
the defendant(s) named herin, personally at his place of residence in Spring Township
Perry County, PA, on January 23,2000 at 11:00 o'clock AM
by handing to Scott A Matthews , an adult member of family 1 true and attested
copy(ies) of the within Complaint in Mortgage Foreclosure
.
and made known to him the contents thereof
Sworn and subscribed to before me this-BSl'li
80'"2; c: ~
Prothonotary
DeputySheriff of Perry County
/
OEPUTY P~OTHONOTARY & CLERK OF COURTS
'. BLOOMFIELD BORO., PEARY CO., PA
MY COMMISSION EXPIRES JAN .5, 2004
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In The Court of Common Pleas of Cumberland County, Pennsylvania
GMAC Mortgage C~? of PA
Scott A. Matthews, et. al.
Serve: Scott A. Matthews
No. 2000-232 Civil
Now, 1/13/2000
, 20 &0, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~
t
Affidavit of Service
Now,
; 20-, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
'me this day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
-
^- ,
.,,.~-
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
ATTORNEY FOR PLNNTIFF
COURT OF COMMON PLEAS
CNIL DNISION
TERM
Plaintiff
V.
NO. c2Q'::D - ,;)]:2 t&J
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLYD. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
Defendant( s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION RECEIVED 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, P A 17013
(717) 249-3166
Loan #: 220870133
We hereby certify the
within to be a t;ue and
correct copy c'i tho
original filed of record
FEDERMAN AND PH~LA.M
1. Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
2. The name(s) and last known addressees) of the Defendant(s) are:
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, PAl 7241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 6/23/93 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1144, Page 720.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
6. The following amounts are due on the mortgage:
Principal Balance
Interest
4/1199 through III 1199
(Per Diem $19.10)
Attorney's Fees
Cumulative Late Charges
6/23/93 to 1111199
Cost of Suit and Title Search
Subtotal
$101,386.41
4,087.40
5,069.00
430.56
550.00
111,523.37
Escrow
Credit
Deficit
Subtotal
229.47
0.00
229.47
TOTAL
$111,293.90
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. This action does not come under Act 91 of 1983 because the mortgaged premises is not
the principal residence of the Defendant(s).
10. 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.
IfDefendant(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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 111,293.90, together with interest from 1111199 at the rate of$19.10 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.
Isl Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
J TRUE COpy FROM R:':rt"flfl
n TeSflmony whereof, I here .: O";.,:.'.~. J
and -!-, {'~ J ,( , un.::! -";:" ~~,~;( Ilanu
,ns ooal 01 Said Court at Curb;.]. F.>
This ../9?.., day o~-n...., .. ~
..............~,....~:~,...w.
ProthonD',~~ry , ..,
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Servicing
GMAC Mortgage Corporation
P.O. Box 8507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
LOoliAc
Mortgage
CERTIFIED MAIL NO. Z 472890838
TO: SCOTT A MATTHEWS
3703 ENOLA RD
NEWVILLE PA 17241
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 MARE ROAD
CARLISLE, PA 17013.9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortqaqe service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below:'
3 payments @ $857.63 $2,572.89
Accrued late charges...... ... ........... ..... .... .$287.04
NSF Check Fees.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
All other fees accrued to date...... ...... ..........$0.00
, Less available suspense credits ...... ..............$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is................................... .$2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plUS any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
inoL.::-:-t...__'?~de:rr' and made at, or sent to: 3451 Hanunond Avenue,'- P.O. --Box 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to pay off the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBIT A
". .~........
....,
"'~' :
GMAC Mortgage Corporation
P.O. Box 8507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
Servicing
LOGue
Mortgage
CERTIFIED MAIL NO. Z 472890839
TO: SCOTT A MATTHEWS
45 MARE ROAD
CARLISLE PA 17013-9514
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 MARE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours).
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below: *
3 payments @ $857.63 $2,572.89
Accrued late charges.... ....... ....... ............$287.04
NSF Check Fees..................................... .$0.00
All other fees accrued to date...................... $0.00
* Less available suspense credits .............. ......$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is................................... .$2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
money order, and made at, or sent to: 3451 Hammond Avenue, - P.O. ...Box 780,
'~-,~ , " .---.,,-
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBIT A
-
GMJlC Mortgage Corporalion
P.O. Box BS07f
San Diego, OA 92166-5071
3451 Hammond Ave
P.O. Box7BO
Waterloo, IA 50704-0760
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: JUly 19, 1999
Servicing
LOOMC
Mortgage
CERTIFIED ~IL NO. Z
TO: RIMBERLY D. ~TTHEWS
3703 ENOLA RD
NEWVILLE, PA 17241
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220670133
4 5 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder o~ the FIRST MORTGAGE (AND NOTE) on the above
premises. or is the mortqaqe service ~qenc for such holaer. (Hereinafter
referred ~o as we, us or ours) .
As of the date of this notioe, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for ocher reasons as indioaced below:'
3 payments 0 $857.63 $2,572.89
Accrued late oharges.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $322.92
NSF Check Fees................"......................".. $ 0 . 0 0
All other fees aocrued to date............ ........ ..$0.00
* Less available suspense credics ......... ...........$0.00
The total amount now required co cure this default, or in
other words; qet cauqhe up in your payments as of ~he date
of this letter is................................... .$2,895.Bl
You may cure this default within THIRTY (30) DAYS of the date of this
1ecter, by payinq to us che above amounc, plus any additional monthly
payments and Inte charqes whieh may fall due durinq this period. Such
pa~nent must be made either by cash, cash~er's check, ce~eified check or
money order, ana made at, or se~c Co: 3451 Hammond Avenue, ?O. Bo~ 780,
Wat~....~:;:.:.,- ::LA -50704-0780.
If you do noc cure the defaulc within THIRTY (30) ~AYS, we intend to
ex~rcise our right to accelerate the mortqaqe payments. This means chat
whateve~ is owinq on the oriqinal amount borrowed will be considered d~e
immediacely and you may lose the chance to payoff the oriqinal morcqaqe
in mon"hly installmencs. If full payment of the amount of defaul" is not
made within THIRTY (30) DAYS, We also intend to ins Cruet o~r ac~orneys to
start a lawsuit to foreclose your mortqaqed property. If the mortqaqe is
foreclosed your mortqaqed property will be sold by the Sheriff to pay
DMSS'BRCHPA (Page 1 of 2)
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EXH1B\T A
DC:S! 66,'16i(;1
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GMAC Mortgage Corporation
P.O. Box BS07f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
NOTICE Of INTENTION TO FORECLOSE AND ~CCELERATE
DATE; July 19, 1999
Servloing
LOoMAc
Mortgage
CERTIFIED MAIL NO. Z
TO: KIMBERLY' D. MATTHEWS
45 MARE ROAD
CARISLE. PA 17013-9514
I<E : MORTGAGE LOAN NUMBER.
MORTGAGED PREMISES:
220870133
45 ~RI:; ROAD
CARLISLE, PA 17013-9514
This company is the holder of Che FIRST MORTGAGE (AND NOTE) on the abovo
premises, or is the mortqaqe service aqent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the dace of chis notice, THE MORTGAGE rs IN SERIOUS DEFAULT because
you have noc /!lade the May 1, 1999 and subsequen~ monthly payments as
listed, and/or for o~her reasons as indicated below:'
J payments ~ $857.63 $2,572.89
Accrued late charges.......... .......... ... .......$322.92
NSF Checl< Fees......... .. . . . ... . . .. . . . . . . .. . .. .. . . . . $0.00
All other fccs accrued to date... ...................$0.00
. Less ava~lable suspense credits ....................$0.00
The total amount now required to cure chis defaul~, or in
other words, ge~ cau9ht up in your pa~nents as of the date
of this lette:r is... ................................ .$2,895.Bl
Y~u may cure chis default within THIRTY (30) DAYS of the dace of this
letter, by paying to us the above amount, plus any additional mon~hly
payments and late charges which may fall due during chis period. Such
payment must be made either by cash, cashier's check, certified cheek or
money ordcr, anrJ. made at, or sent to: 3451 Hanunorld Avenue, P.O. Bolt 780,
Watc_~~~, !~ $0704-0780.
If you do not cure the default wichin THIRTY (30) DAYS, we intend co
exercise our ~ight to acoelera~e the mortgage paymentS. ~~is meanS that
whatever is owing on che ori<;iinal amount borrowed will be considered nlle
immeaiat:ely and you Inaylose the chance to payoff che oriqinal mortqage
in monthly installments. If full payment of che amounc of default is not
made within T~IRT~ (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit: co foreclose your mortqaged property. If the mortQaqe is
foreclosed your mortqagsd property will be sold by the Sheriff to pay
DMS5-BRCYPA (paqe
1 of 2)
EXHIBIT A
voo~
JVJI~
SH9 6~;: n;:,g.
H:S,
66 n;: ";:T
~
,
,
July 19, 1999
Paqc 2
220870133
off the deb~. If we refer your cas@ ~o our attorneys, but you cure the
aefaul~ before they begin legal prooeedings aqainst you, you will still
have to pay the reasonable ateorney's fees, actually incurred, up to
$50.00.
However, if leqal prooeedings are started aqainst you, you will have to
pay the re.asonable at.t.or:ney's. fees even if they are over $50.00. ),ny
attorney's fees will bc added to whatever you owe us, which ma.y ale;o
include our reasonable costs. If you oure the default within the thirty
day period, yo~ will not b@ required to pay a~~orneY'5 fees.
~emember you are also responsible for keeping all real Cscate taxes
c\\rrent..
We may also sue you personally for the unpaid balance and all other sums
due under the moreqa.qc.. If you have not c.ured t.he de:fault wit.hin t.he
thirty day Period and foreclosure proceedings have begun, you still havc
the right to cure the default and prevent the sale at any time up to one
hour ~efore ehe Sheriff's foreclosure sale. You may do so by paying the
total amount of the unpaid monthly payments plus any lat~ or other
ch~rges then due, as well as the reasonable attorney's fec~ and cost~
oonneoted with the foreolosure sale (and perform any other requirements
under the mortqaqe). Ie is escimated ehac ehe earliest dace that such a
Sheriff's sale could be held woulq be approximately one-hundred and fifty
(150) days from the date 'of this letter. A notice of the date of the
sheriff's sale will be sent to you before the sale_ Of course, the
amount needed to oure the default will inorease the lcn;er you wait. YoU
may find out at any time exactly what the required payment will be by
oallinq us at the fOllowinq number, 1-800-850-4522. Thc payment must be
in cash, cashier's cheCK, cercified check or money order and made paya~le
to us aC the address preViouslY stated.
You should realize that a Sheriff's sale will end your ownerShip of the
mortqa;ed property and your riqht to remain in it. If you continue to
live in the property afcer the Sheriff's sale, a lawsuit could be started
to evict. you.
NOTl:'._~ --' ~.r.bi s" is an attempt to collect a debt and any information
obtained will be used for that purpose.
You have additional rights to help proteoc your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTIT1l~'ION TO 1'1\'1'
OFF THIS DEBT. YOU MAY !lAVE TilE RIGHT TO SELL OR 'I'RANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BUYER OR TR1\NSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND
1\TTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE
OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO
DE~'ERMINE UNDER WHAT CIRCT1MSTANCES TilE RIGHT MAY EXIS~'. YOU 111\VE T".dE
RIGHT TO H~VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
It you cure the default, ~he mortgaqe will be r~$eored eo the same
position as if no default had oecurred. Ho~ever, you are not enticled Co
this right to cure your def~ult more th~n three eimes in any calendar
year.
DMS5-BRCH~A (?age 2 of 2)
EXH1B1T A
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hLL THAT CI;:RTAIN trac-t of" l.and in ~~er Frank:ford TownShi' ';'~::':"C'ri~
cum.bQr~and county, Pennsy1.vania, contaJ.n1ng 1.6.892 acres r be ~ :~
the northern most ~art of the ~arm now or fQrmer~y of Nelson i.~ ~
Shughart:.,. and Ruth E. shughart, his. wife,. which farm is :rn E$".n . ~
parl::..icv.~arly looated as being in the Northeast corner :5:;:. :r:
Legis1ative Route NQ. 21001., known as Traffio Ro~te No. 994 ~~ ~
Township Road. No. -4.92, thca tract hereby conveyed being Jn9lf~j'iijil r II': I
~Qrticu1a:rly bounded and. described a.s follows: 1.1. .,
BECINN:ING a:t:. an iron pin on a line. of land no'W or 'formerly of
C.C. Leid.i9"h and land noW' or :forn\e:r1.y of Eugene C. Morrison,
North 72 degrees 57 minutes 48 seconds East 1029.522 feet to ~
stOlle pil.e; thenoe Sout:.h 21. deqrees 42 'minutes 1.1. s.econds East
49$_76 ;ree;t to an iron pin and stone pile.; t.hence south ::a 2
degrees 41 minutes 53 seconds East 397.75 ree~ ~o a~ iron pin;
thence south 75 degrees 22 minutes 50 seconds West 64~.6e ~eet to
an iron pin: thence Nort:.h 45 de~rses 30 minu~es ~7 seconds We6t
981.602 reet ~o the p1ace or beg~nning_
CONTAINING 16.682 acres, more or 1ess.
BEING ~he sam~ premise;s that Wa1ter E_ Morrison and Gerald~na L.
Morrison, husband and wi~e,. by their deed dated the 28th day of
PREMISES: 45 MARE ROAD
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VERIFICATION
FRANK FEDERMAN, ESQUIRE hereby states that he is
attorney for Plaintiff in this matter, that he 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 his knowledge, information and belief. The
undersigned understands that this statement is made subject to the
penalties of 18 Pa.
4904 relating to unsworn
C.S. Sec:.
falsification to authorities.
~ :)---~
DATE: _r 1 ~o 0
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:
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215\ 563-7000
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
-
ATTORNEY FOR PLAThITffF
COURT OF COMMON PLEAS
CNIL DNISION
TERM
Plaintiff
V.
NO. ~. .;23.;(
u;J
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLYD. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, PA 17241
Defendant( s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION RECEIVED 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 Ai'lD
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 fsil 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. ff 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
We hereby certify the
within to be a true and
correct COQV of the
. .
originel med of record
FEDERMAN AND PHELAN
Loan #: 220870133
. ,
- .~.-
-
,
1. Plaintiff is
GMAC MORTGAGE CORPORATION OF P A
345 I HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
2. The name(s) and last known addressees) of the Defendant(s) are:
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, PAl 7241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 6/23/93 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1144, Page 720.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
,.----
Ib.I
6. The following amounts are due on the mortgage:
Principal Balance
Interest
4/1/99 through 11/1/99
(Per Diem $19.10)
Attorney's Fees
Cumulative Late Charges
6/23/93 to 11/1/99
Cost of Suit and Title Search
Subtotal
$101,386.41
4,087.40
5,069.00
430.56
550.00
1ll,523.37
Escrow
Credit
Deficit
Subtotal
229.47
0.00
229.47
TOTAL
$111,293.90
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. This action does not come under Act 91 of 1983 because the mortgaged premises is not
the principal residence of the Defendant{s).
10. Pursuant to the Fair Debt Collection Practices Act, 15 USe. ~ 1692 et seq.
(1977), Defendant{s) may dispute the validity of the debt or any portion thereof.
IfDefendant{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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in the sum of
$ 111,293.90, together with interest from 11/1/99 at the rate of$19. 10 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
fRU IE Ct~~py ~:~:_0: ~_~ '-~'r~'~D
In Testimony v'oh:rcc', i 11:., ::<0 o;.Y my hand
and the seal of SJid ,-cu'!' a'l .'or"..I. po
.....,-. , ........... "01\.;:, '...I.
This .".../01."". day of~"."".", S2~
................~/~~."K './J, . // ki::r
'..T""~r.~ ~~...~..
ProthoJ1Oi'ory
--
GMAC Mortgage Corporalion
P.O, Box 6507f
San Diego, CA 92166-5071
3451 Hammond Ave
p,o, Box 780
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
Servioing
CERTIFIED ~IL NO. Z 472890838
TO: SCOTT A MATTHEWS
3703 ENOLA RD
NEWVILLE PA 17241
LOoMAc
Mortgage
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 MARE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours) .
AS of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
YOU have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below:'
3 payments @ $857.63 $2,572.89
Accrued late charges.. ........ .......... ....... ...$2B7.04
NSF Check Fees........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
All other fees accrued to date. .....................$0.00
, Less available suspense credits. ............... ....$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is.................................... $2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
paYments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
inol...,;::J'.,~~t):a:-derf. and made at, or sent to: 3451 Hanunond Avenue,'~ P.O. '~Eox 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5'BRCHPAC (Page 1 of 2)
EXHIBIT A
",,=
GMAC Mortgage Corporation
P.O. Box 8507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 7BO
Waterloo, IA 50704.0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
Servioing
LOoMAc
Mortgage
CERTIFIED ~IL NO. Z 472890839
TO: SCOTT A ~TTHEWS
45 ~RE ROAD
CARLISLE PA 17013-9514
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and sUbsequent monthly payments as
listed, and/or for other reasons as indicated below:'
3 payments @ $857.63 $2,572.89
Accrued late charges........ .... ...... ........... .$287.04
NSF Check Fees........... . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
All other fees accrued to date..................... .$0.00
* Less available suspense credits ... ........... ......$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is................................... .$2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
!Ilon.~Y,.C?r~=-::L and made at, or sent to: 3451 Hammond Avenue," P.O. ~-Eox 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortqage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBIT A
-
iliI[1
GMJlC Mortgage Corporation
P.O. Box BS07f
San Diego, OA 92166-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-07BO
NOTXCE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 19, 1999
ServIcing
LOOMC
Mortgage
CERTIFIED ~IL NO. Z
'1'0: RIMBERLY D. l'lJITTHEWS
3703 ENOLA Rl)
NEWVILLE, PA 17241
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (ANlJ NOTE) on thc above
pramises, or is the mortqaqe service ~qenc for SUch holder. (Hereinafter
refe~red to as we, us or ours) .
AS of the date of this notioe, THE MORTGAGE IS IN SERIOUS DE~AUL'l' because
yOU have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for ocher rcasons as indioaced beloW:'
3 payments 0 $857.63 $2,572.89
Accrued late oharges...... . . . . . . . . . . . . . . . . . . . . . . . . $322.92
NEll' CheCK Fees...................................... $ 0.00
All other fees accrued to date...................... $0.00
* Less available suspense credics ............._......$0.00
The total amount now required co cure this default, or. in
other words, qet cauqht up in your payments as of the date
of this letter is... . ..... ....... . .. . ................ $2, 895.81
You may cure this default within THIRTY (30) DAYS of the date of chis
letter, Py paying to us che above amounc. plus any additional monthly
payments and late Charges which may fall due during this period. Such
payment must be made either by cash, cashi.er's check. certified check or
money order, and made at, or sene Co: 3451 Hammona Avenue, ?O. Bo~ 780.
waf",.':::::.> " :LA -50704 - 0780.
If yOU do noc cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means chat
whate~er is owing on the oriqinal amount borrowed will be considered Que
immediacely and you may lose the ehanoe to payoff the oriqinal morc9age
in monchly installments. If full payment of the amount of defaulc is not
made within THIRTY (30) DAYS, We also intend to ins cruet our attorneys to
start a lawsuit to foreclose your mortgaqed property. If the mortgaqe is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5'BRCHPA (Paqe 1 of 2)
zoo~
JVl'l~
St19 6~Z nzS
EXH1B1T A
O~: 81 66/HlZr
~~
-
GMAC Mortgage Corparalion
P.O. Box B5071
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 760
Waterloo. IA 50704--0760
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE; July 19, 1999
Servioing
LOoMAc
Mortgage
CERTIFIED ~IL NO. Z
TO: KIMBERLY D. ~TTREWS
45 MARE ROiID
CARI8LE, PA 17013'9514
RZ : MORTGAGE LOAN NUMBER l
MORTGAGED PREMISES:
220670133
45 M/U(j:; ROAD
CARLISLE, PA 17013-9514
This company is the holder ot Che FIRST MORTGAGE (AND NOTE) on the above
premises, or is the morcQaqe service aqent for such holder. (Herein~ftcr
refer~ed to as we! us or curs).
As of the dace of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT bccause
you have noc made the May I. 1999 and subsequen~ mon~hly payments as
listed, and/or for other reasons as indicated below:'
3 payments ~ $857.63 $2,572.89
Accrued late charges..................... ... .... .,$322.92
NSF Cheok ,ees.. _... . . . . .. . . .... . . . . . . . . ..... . .. . . . . $0.00
All other :fees accrued to date... .. ......... .. .... .. $0.00
* Less available suspense credits ............. .... ...$0.00
The total amount now required to cure ~is default, or in
other words, qe~ cauqht up in your pa~nents as of the date
of this letter is.................................... $2,895. Sl
y~U may cure this default within THIRTY (30) DAYS of the dace of this
letter, by paying to us the above amount, plUS any additional monthly
payments and latc charges which may fall dUe during this period. Suo~
payment ~ust be made either by cash, cashier's cheCk, certified check or
money order, and Inade at, or sane to: 3451 H~Nnond Avenue, P.O. Box 7801
Wate_:~~1 I~ 50704"0780.
If you do not cure the default wi chin THIRTY (30) DAYS, we incend Co
exercise our riqht to accelera~e the mcrtqaq2 paymencs. 1~is means that
whatever is owitlq on che original amount borrowed will be considered due
imn".diacely and you lnay lese the chance to payoff ch., ori\linal mortq~'l'e
in monehly installments. If full payment of che amount or default is not
made within THI~TY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuic ~o foreclose your mortqaqed property. Ir the mortQage is
foreclosed your mortqaged property will be sold by the Sheriff to pay
DMS5'BRCHPA (page 1 EXH\B\T A
too lEi
:)Vl'l~
SH9 61:;; n;;.g,
H:S,
66/H/6'
.
July 19, 1999
Page 2
220B70133
off the debt. If we refer your case ~o our at~orneys, but you cure the
defaule before they begin leqal prooeedin9s against you, you will still
have ~o pay the reasonable ~ttorney's fees, actually incurred, up to
$50.00.
However, if leqal proceedings are started ~qainst you, you will h~ve to
pay the reasonable atto~neyl5 fees eVen if they are over $50.00. ~ny
attorney's fees will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default wi chin the thirty
day period, ya~ will not be required to pay a~corneyts fees.
Remember you are also responsible for keepinq all real CSCaee taxes
Ctlrren e.
We may also sue you personally for the unpaid bala~ce and all other sums
due under the morcqaqc~ If you have not cured che default within the
thirty day period and foreclosure proceedinqs have begun, you still havc
the right to cure the default and prevent the sale at any time UP cO one
hour before the Sheriff's foreolosure sale. You may do so by paying the
total a\noUnc. of the unp!>id monthly payments plUS any late or other
ch~rges then due, as well as the reasonable actorneyts fees and costs
connected with the foreclosure sale (and ~er1orm any othar requirements
under the mortqaqe). Ie is es~imated thac the ear.liest da~e thae such a
Sheriff's sale oould be held would be approximately one-hundred and fifty
(150) days from the date of this lecter. A notice of the date of the
Sheriff's sale will be sent to you bet ore the sale. Of course, the
amount needed to cUre the default will inorease the longer you wait. You
may find out at any time exactly what the required payment will be by
oallinq us at the following number: 1-800-850-4522. The payment must be
in cash, cashier's check, cercified check or money order and made payaDle
to us de the address previously stated.
I
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You should realize that a Sheriff's sale will end your ownership of the
mortqa;ed property and your right Co remain in it. If you continue to
live in the property afcer the Sheriff's sale, a lawsuit could be started
to evict you.
NC'Tl:....~., ffhis-- is an attempt to collect a debt and Any information
obcained will be used for that purpose.
You have addic.ional rights to help protecc ycur interest in the property.
yOU HAVE TH~ RIGHT TO SELL THE PROPERTY TO OETAIN MONEY TO PAY OFF THE
MORTGAGE DICBT. OR TO BORROW MeN};;'! FROM ANOTHER LENDING INSTrTU'I'IO~ TO PAY
OFF THIS DEBT. YOU MAY !lAVE THE RIGHT TO SELL OR 'I'RANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BuYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT ~~E
OTHER REQUIREMENTS UNOER THE MORTGAGE ARE SATISFIED). CONTACT US TO
DE'I'ERMINE UNDER WBAT CIRC1JMSTANCES THE RIGHT MAY EXIS'I'. YOU HAVE T3E
RIGHT TO HAVE TRIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
If you cure the default, ~he mortgage will be rescored to the same
position a9 if no default had occurred. Ro~ever, you are not entitled to
this right to cure your defuult more than three ~imes in any calendar
year.
DMS5-BRCHPA (Page 2 of 2)
EXHIB\T A
coo~
JVlI:l
91719 61;;: n;:Q.
OC:8,
66/"((;/'2:1
.
ii{ e:)~r.~
A.LL THAT CltRTAIN trac1:. of ~and in ~~er FrankfoX'd TownShi.:,..l..:=.::.~r=..rl~
CumbGrJ.and county, Pennsy1.van.J.a r con1:a.J.n1nc; 16.892 acres r be '?J'1 ;.;:
the northern most ~art or ~he rarm now or ~o~8r~y of Ne1son i.~ ~
Shuqhart:., and Ruth E. Shughart, his wife, which farm is In ~.n . ~
part:..ieular1y looated as being i.n tha Northeast:. corner :fI~ ~
Legislative Route No. 2100~, known as Traffic Rou1:e No. 994 ~~ ~
To'W'n3hip Road No. 4.92, ~e tract hereby oonveyod being "'91sj'ij'iilrl':\
p;artioul;;r.rly bouT'ided and. describoci a.s ~ollows: :1. ."
BEGINNING a't an iron pin on a 1.1na. of' land no.... or t'ormerly of
C.C. Leidi.gh and l.and noW' or forn\er1y of Eu~ene c. Morrison,
North 72 d.eqre.Qs 57 minutes 48 seconds. East 1.029..523 feet to a
stone pil.e; thenoe Sou1:.h 21 dElqrees 42 "minu:t:.es 1.1. seconds East
495.75 :fee.t to an iron pin and. stone pile: 1:hence south 22
dec;rrees 4.1 minutes 53 seconds East 397.75 reet to an iron pin:
thence South 75 degrees 22 minu~es 50 seconds West 64i.68 Zaet to
l1n iron pin; thence North 45 degrees 30 )td.nutes :17 se.conds West
98~.602 ~eee ~o the ~1ace o~ beginning_
~.
CONTAININC 16.582 acres, more or 1ess_
BEING the same. premises that Wa1ter E. Morrison and Gera1dins L.
Morrison, husband and wife, by their aeed dated the 28th day of
PREMISES: 45 MARE ROAD
~-.~.....--~
---
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VERIFICATION
FRANK FEDERMAN, ESQUIRE hereby states that he is
attorney for Plaintiff in this matter, that he 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 his knowledge, information and belief. The
undersigned understands that this statement is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
~ :)---~
DATE: _I; 1-00
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
.
ATTORNEY FORPLATINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Plaintiff
V.
NO. 0la2?- ;23~ ~
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
Defendant( s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. A,''IY
INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIR;\1ED. 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 obj ections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, 00 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 #: 220870133
We hereby certify the
\v:thin to be 0 true and
enr-I "n't ...........f'!H 0"'. iho
v ..::;..... ....,....V.;i "
origrnal filed OT mcord
FEDERMAN AND PHELAN
...--
~~
~,' .
--
1. Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
2. The name(s) and last known addressees) of the Defendant(s) are:
SCOTT A. MATTHEWS
KIl'vIBERL YD. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, PAl 7241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 6/23/93 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1144, Page 720.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
"""-
6. The following amounts are due on the mortgage:
Principal Balance
Interest
4/1/99 through 11/1/99
(Per Diem $19.10)
Attorney's Fees
Cumulative Late Charges
6/23/93 to 11/1/99
Cost of Suit and Title Search
Subtotal
$101,38641
4,087.40
5,069.00
430.56
550.00
111,523.37
Escrow
Credit
Deficit
Subtotal
22947
0.00
22947
TOTAL
$111,293.90
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. This action does not come under Act 91 of 1983 because the mortgaged premises is not
the principal residence of the Defendant(s).
10. 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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 111,293.90, together with interest from 11/1/99 at the rate of $19.10 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
TEl"'" 0"; ~..,...,
",~'!: K " "'" "'~~""H",
I T _~ : -p )">' ~~"~'" ~ .~ ;: 1~:' ,- :';: ~<:~LtJt~~
n e"trmod;' v~lnJCV!i ! n2-fa unto set my hand
and ,-he seal of sa;d fO,!o<j --~ r" [" I r,
, \.,. V~ ,"J 'LufliSJG, ,"'a.
This ..../~......:.. day o~..........., ~
..........~. .c ~ ~........
.............
. ........
I _ ....
Prothonota y
GMAC Mortgage Corporation
P.O. Box 85071
San Diego, CA 92166-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
.! - , .. I-"~ ;.' _ ,'n_ '>'<,,,,,, ,
Servioing
CERTIFIED MAIL NO. Z 472890838
TO: SCOTT A ~TTHEWS
3703 ENOLA RD
NEWVILLE PA 17241
LOoMAc
Mortgage
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220B70133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE <AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below:'
3 payments @ $857.63 $2,572.89
Accrued late charges...................... ... .....$287.04
NSF Check Fees........... . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 .00
All other fees accrued to date............ ..........$0.00
, Less available suspense credits ...... .... ..........$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is.................................... $2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
mm'_";:"'-.c'?rd-err and made at, or sent to: 3451 Hammond Avenue, P.O. '-Eox 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our riqht to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5'ERCHPAC (Page 1 of 2)
EXHIBIT A
GMAC Mortgago Corporation
P.O. Box 8507f '
San Diego, CA 92166-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, JA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
"
- ,-I , -_, "'-
Servicing
CERTIFIED MAIL NO. Z 472890839
TO: SCOTT A ~TTHEWS
45 ~RE: ROAD
CARLIS~E PA 17013-9514
LOoMAc
Mortgage
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgaqe service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below: *
3 payments @ $857.63 $2,572.89
Accrued late charges........... ............. ......$2B7.04
NSF Check Fees..................................... .$0.00
All other fees accrued to date......................$O.OO
, Less available suspense credits ................. ...$0.00
The total amount nOW required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is.................................... $2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period-. Such
payment must be made either by cash, cashier's check, certified check or
money order, and made at, or sent to: 3451 Hammond Avenue, - P.O. ,_Box 780,
Waterloo,-iA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the oriqinal amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our atto~eys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBIT A
~C_ ,...-....
~~
"ii",
GMJlC Mortgage Corporation
P.O. Box B507f
San Diego, OA 92168-5071
3451 Hammond Ave
P.O. Box 7BO
Waterloo, IA 50704-0760
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
PATE: JUly 19, 1999
Servicing
LOoMAc
Mortgage
CERTIFIED ~IL NO. Z
'1'0: RIMBERL YD. WI'l'TllEWS
3703 ENOLA RD
NEWVILLE, PA 17241
&E: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220B70133
45 WIRE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on thc abo~e
premises, or is the mortqaqe servioe aqent for Such holder. (Hereinafcer
rererred eo as we, us or ours).
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAuLT hecause
yoU have not made the May 1, 1999 and subsequent monthly payments as
listed. and/or for ocher rc~sons as indicaced belcw:~
3 payments 0 $857.63 $2,572.89
Accrued late charges..... . . . . . . . . . . . . . . . . . . . . . . . . . $322.92
NS~ cheCK Fees..............................,........$ 0.00
All other fees accrued to date...................... $0.00
* Less availabl~ suspense credics ....................$0.00
The total amount now rcquired Co cure this defaUlt, or in
other words, qet cauqht up in your payments as o~ the date
",f this lett~r is................................... .$2,895.81
You may cure this default within THIRTY (30) DAYS of thc date of this
lecter, hy payinq to us che above amounc. plus any additional monthly
payrnonts and late charges which may fall due during this period. Such
p~~nent must be mace either by cash, eashier's chack, certified check or
money order, and made at, or se~c Co: 3451 Hammond ~venue, ?O. Eo~ 7801
Wata~:::"''',' IA -50704-0780.
If you do noc cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the rnortqaqe payments. This means cha~
whatever is owinq on the original amount borrowed will be considered Q~e
imrnediacely and you may lose the chancQ to payoff the original mortqaqe
in monchly installmencs. If full p~yment of ehe ~rnount of defaul~ is not
made wi~hin THIRTY (30) DAYS, we also intend to i~gCruct our ac~o~eys to
start a lawsuit to foreclose your mortgaged prop~rty. If the mortgag~ is
foreclosed your mortgaged property will be sold by the sheriff to pay
DMSS'BRCH?A (Page 1 of 2)
ZOO~
J Vl'l~
SH9 61:Z t:1Z.,g.
EXHIB\T A
01::8t 66'tZ:Zt
-
~~ <. .~,
,
'"~',:
GMAC Mortgage Corporation
P.O. Box B507f
San Diego. CA 92186-5071
3451 Hammond Ave
P.O. Box 760
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 19, 1999
Servloing
LOoMAc
Mortgage
CERTIFIED MAIL NO. ~
TO: KIMEERLY D. ~TTHEWS
45 M,>,RE ROAD
CARI8LE, PA 17013-95l~
RE : MORTGAGE LOAN NUMBl!:R:
MORTGAGED PREMISl!:S:
220B70133
45 MlU<J:; ROAD
CARLISLE, PA 17013-9514
This company is the holder of Che FIRST MORTGAGE (AND NOTE) on the abovo
premises, or is the rnorc~aqe service aqent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the dace of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT bccause
you have noC made the May 1. 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below:'
3 payment" '" $857.63 $2,572.89
Accrued late charges..................... .... .....$322.92
NSY Cheok Fees......... . .. . . . .... ., . . . . . . .... . . . . . . . $0.00
All other fccs accrued to date. .....................$0.00
. Less available suspense credits ....................$0.00
The total amount noW required to cure this default, or in
other words, qat caught up in your pa~nents as of the date
of this letter is................................... .$2,B95.81
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and latc charges which may fall due during chis period. Such
payment must be made either by cash, cashier's check, certified check or
money order, and made at, or s.e.ne. t.o: 3451 Ha.lw.nond A.venu.e, P.O. Bo)t 1801
Wate_~~~1 !~ 50704.0780.
If you do not cure the default wichin THIRTY (30) DAYS, we intend to
exercise our right eo accelera~e the mortqage paymenC$. ~~is means that
whatever is owing on che original amount borrowed will be considered rille
irnm.,dia.cely and you may lose the chance to payoff che original mortq~(le
in monthly installmen~s. If full pa.ymenc of che amOUnC or default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuic co foreclose your mortqaqed property. Ir the mortqa.ge is
foreclosed your mortqa.ged property will be sold by the Sheriff Co pay
DMSS'BRCHPA (paqe
1 of 2)
EXHIBIT A
~oo rei
;)Vl'l~
SH9 61;;; O;;.g,
11:: 81
66/1;;/;;r
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July 19, 1999
Page 2
22d870133
off the debt. If we refer your case CO our attorneys, but you cure the
defaulc before they begin legal proceedings against you, you will still
have to p~y the reasonable at~orneyls fees, aceuaJly incurred, u~ to
$50.00.
However, if leqal proeeedinqs are started aqainst you, you will have to
pay the reasonable attorney's fees eVen if they are over SSO.OO. Any
attorney's :fees will be added t.o whaceV'er you owe us, which may ,also
include our reasonable costs. If you oure the default wichin the thirty
day period. you will not be required to pay a~corney's fees.
Remember you are also responsible for keepinq all real cs~aee taxes
c:urrent.
we may also sue you personally for t.he unpaid balance and all ot~er ~.~~
due under the mor~qaqc. If you have not cured che default within the
thirty day period and foreclosure prooeedings have begun, you still havc
the right to oure the default and prevent the Sale at any time up to one
hour before ehe Sheriff's foreclosure sale. You may do so by paying the
total amounc of the unpaid monthly payments plUS any late or other
ch~Iges then due, as well as the reasonable actorney's fec~ and costs
connected with the foreclosure sale (and pertorm any other requirements
under the. mortqaqej. Ie is estimated tha~ the earliest da~e thae such a
Sheriff's sale oould he held would be approximately one-hundred and fifty
(150) days from the dace of this leCter. A notioe of the date of the
Sheriff's sale will be sent to yo~ betore the sale. of course, the
amount needed to c~re the default will increase the lonqer you wait. YoU
m~y find out at any time exaccly what the required payment will be by
callinq us at the followinq number: 1-800-850-452J. The payment must be
in cash. cashier's check, cercified check or money order and made pay~ble
to us ac the address previouslY stated.
You should realize that a Sheriff's sale will end your ownership ot the
mortgaqed property and your riqht to remain in it. If you continue to
live in the property after Ch@ Sheriffta sale. a lawsuit co~ld be started
to eviC!t you.
NC'f1.....i..- ;rhis is a.n att.empt to collect a debt and <1ny information
obcained will be used for that purpose.
You have addicional rights to help protecc your interest in the property.
YOU HAVE THE RIGHT TO SELL THE ??'OPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE D~BT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITU~'ION TO PAY
OFF THIS DEBT. YOU MAY !lAVE THE RIGHT TO SE:LL OR 'I'RANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CH~~GES AND
ATTORNEY'S FEES AND COSTS ARE PAID PRIO~ TO OR AT THE S~LE, (AND THAT ~~~
OTHER REQUIREMENTS UNDER THE MORTGAGE ~RE SATISFIED). CONTACT US TO
DE~'ERMINE UNDER WHAT CIRCUMSTANCES TEE RIGHT MAY EXIS1'. YOU l!!WE THE
RIGHT TO H~VE T!lIS DEFAULT CURED BY ANY THIRD P~RTY ACTING ON YOUR
BEHALF.
If you cure the default, the mortgaqe will be r~seored eo the same
posiCion as if no default had occurred. However. you are noe entitled to
this right eo cure your def~ult more than three times in any calendur
year. DMS5-BRCHl'A (?age 2 of 2) 'EXHIBIT A
coo~
JYl'i:J
SH9 6CZ nz,Q.
OC:S!
66/IZ/ZI
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1\LL 'I'tlAT CERTAIN t;raci: of 1and in Lower Frankfc::n;d TownShf~:.(;'~/~'~]
cumberl..and county, Pennsy1.van.ia, cont:a.ining J.6. 892 aores r be ':V1 *'
the northorn ~o~t part or ~he rarm now or ~ormQr~y o~ Ne1son.~ ~
Sh'uqhart:., and Ruth E. Shuqhart:., his wi1:e, which :t'arm is In Ef-" . ~
pa.r~.ic'Y.larl.'y ).oc~t:.eQ as being in the Northe83t corner :6=::;ll :r
Leqie1ative Route No. 2100~, known as Trarf~c ~ou~e No. 994 ~~ €
Town.ship Road No. 4.92, the 1:.ract:. hereby conveYCl3d being m91f~i'ijii I r I"! I
particul.arJ.y bounded and described os %o11.o'Ws: .1. . I.
BECINNINC a't::. an iron pin on a l.in~ of land noy or 't"ormGrly of
C.C. Laidi9h and. l.and no,", or :S:ornua:z:o1y of' Eugene C. Mor:r:i.son,
North 72 deqraQs 57 minutes 48 seconds. East 1029.523 ~eet to a
stone pile; thence Sou~h 21 deqrees 42 Minu~es 11 seconds East
49$.7S :rQ(!,t to Bn iron pin and stone pile.; thence. South 22
deqr~es 4~ minutes 53 seoonds East 397.75 ~eet to a~ iren pin;
thQnca South 75 degrees 22 minu~es 50 seconds Wast 641.68 rQet to
an iron pin; thence North 4S de9reas 30 minu~es ~7 seconds West
9a1.602 raet to the ~1aee o~ beqinning_
!
CONTAZNINa 16.662 acres, ~ore or 1ass.
aZING ~he same. pramises tbat Wa1ter E. Morrison and Gera1dine L.
Morriaon, husbana and w1%e, by their deed dated the zath day or
PREMISES: 45 MARE ROAD
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,
VERIFICATION
FRANK FEDERMAN, ESQUIRE hereby states that he is
attorney for plaintiff in this matter, that he is authorized to
\
!
take this Verification, and that the statements made in the
foreqoinq Civil Action in Mortqaqe Foreclosure are true and correct
to the best of his knowledqe, information and belief. The
undersiqned understands that this statement is made subject to the
penalties of ~8 Pa. C.S. Sec. 4904 relatinq to unsworn
falsification to authorities.
~:r~
DATE: -1~ 1 ~o 0
-
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
ATTORNEY FORPLMNTIFF
COURT OF COMMON PLEAS
CNIL DNISION
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
TERM
Plaintiff
V.
NO. 0lQX> - .:23;'<
6?J
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
Defendant( s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION RECEIVED 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 Complsint 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 #: 220870133
W,e ~ereby certify the
WithIn to be Ell';ue and
corrs.ct r'al'1~j clJ ""1"
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1. Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
2. The name(s) and last known addressees) of the Defendant(s) are:
SCOTT A. MATTIIEWS
KIMBERLYD. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
who is/are the mortgagor(s) and resl owner(s) of the property hereinafter described.
3. On 6/23/93 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1144, Page 720.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
~"~
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
4/1/99 through 11/1/99
(Per Diem $19.10)
Attorney's Fees
Cumulative Late Charges
6/23/93 to 11/1/99
Cost of Suit and Title Search
Subtotal
$101,386.41
4,087.40
5,069.00
430.56
550.00
111,52337
Escrow
Credit
Deficit
Subtotal
229.47
0.00
229.47
TOTAL
$111,293.90
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. This action does not come under Act 9 I of 1983 because the mortgaged premises is not
the principal residence of the Defendant(s).
10. 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.
IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will obtain alld 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.
WHEREFORE, PLAINTIFF demands an i!! rem Judgment against the Defendant(s) in the sum of
$ 111,293.90, together with interest from 1111/99 at the rate of$19.1O 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.
Isl Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
TRUE CC~"'f r:i/,';' ~~r~.PD
In Testimony Vl/h0n:o( : - - u~:t;""~~:t~'n~~' hand
and the seal of said lOUrl at Cariisie, pa.'
This .....19.1.....;.. day o~........., ~
.............~.......g~,..~..
Prothonotary
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GMAC Mortgage Corporation
P.O. Box 8507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
Servicing
LOoMAc
Mortgage
CERTIFIED MAIL NO. Z 47289083B
TO: SCOTT A ~TTHEWS
3703 ENOLA RD
NEWVILLE PA 17241
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below: *
3 payments @ $857.63 $2,572.89
Accrued late charges. ............ ..... ..... ...... .$287.04
NSF Check Fees...................................... $ 0 . 00
All other fees accrued to date... .... ...............$0.00
. Less available suspense credits ..... ...............$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is................................... .$2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
mOL..",.:".....:")rder, and made at/ or sent to: 3451 Hanunond Avenue, - P.O. <-Eox 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be scld by the Sheriff to pay
DMS5'BRCHPAC (Page 1 of 2)
EXHIBIT A
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I..
Servicing
-Jot,:
GMAC Mortgage Corporation
P.O. Box 6507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0760
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 7, 1999
LOGue
Mortgage
CERTIFIED ~IL NO. Z 472B90839
TO: SCOTT A MATTHEWS
45 ~RE ROAD
CARLISLE PA 17013-9514
RE : MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours).
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below:'
3 payments @ $857.63 $2,572.89
Accrued late charges......... ....... ......... .... .$2B7.04
NSF Check Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
All other fees accrued to date......... ......... ....$0.00
* Less available suspense credits ....................$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is................................... .$2,B59.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
mon,eyorder, and made at, or sent to: 3451 Hammond Avenue," P.O. ,_Eox 780,
Wat;'r'ioo,-:i:A 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBIT A
. ~.
"~
~
~.
GMAC Mortgage Corporation
P.O. Box B507f
San Diego, 0'>' 921B6-5071
3451 Hammond Ave
P.O. Box 7BO
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 19, 1999
Servloing
LOoMAc
Mortgage
CERTIFIED ~IL NO. Z
TO: RIMBERLY D. ~TTHEWS
3703 ENOLA RD
NEWVILLE, PA 17241
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMIS:E:S:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortqaqe service aqenc for SUCh holder. (Hereinafter
referred ~o as we, us or curs) .
As of the date of this notioe, THE MORTGAGE IS IN SERIOUS DEFA~LT beoause
yoU have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for ocher reasons as indicaced below;y
3 payments 0 $857.63 $2,572.89
Acorued late charqes... ........ .............. .....$322.92
NSF Check Fees..............................,....... $ 0 .00
All other fees acorued to date...................... $0.00
* Less available auspense credics ....................$0.00
The total amount now required to cure this defaUlt, or. in
other words, get cauqht up in your payments as or the date
of this letter is..,................................ .$2,895.Bl
You may cure this defaUlt within THIRTY (30) DAYS of thc date of chis
letter, by payinq to Us che above amo~nc, plus any additional monthly
paymcnts and late charges which may fall due during this periOd. Such
pa~nent must be made either by cash, cashier's check, certified check or
money order. and made at, or senC co: 3451 Hammond Avenue, ?O. Bc~ 780,
W"t"'.c;'".~, :::A ~50704-0780.
If you do noc cure the aefaulc within THIRTY (30) DAYS, we intend to
exercise our riqht to accelerate the mortgage payments. This meanS chat
whatever is owing on the original amount borrowed will be considered due
irnmediacely and yOU may lose the chance to payoff the oriqinal morCqage
in mon~hly installments. If full payment of che amount of defaUlt is not
made wi~hin THIRTY (30) DAYS, We also intend to inscruct our atcorneys to
start a lawsuit to foreclose your mortqaqed property. If the mortgaqe is
foreclosed your mortgaged property will ~e sold by the Sheri!f to pay
DMS5-BRCH?A (paqe 1 of 2)
zoo lEi
JVI'I:)
SV"l9 6~Z nz.Q.
EXH\B\T A
o~:~t 66!tZIZt
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GMJlC Mortgage Corporation
P.O. Box B507f
San Diego, OA 92186-5071
2451 Hammond Ave
P.O. Box 760
Waterloo,IA 50704--0760
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 19, 1999
Servloing
LOoMAc
Mortgage
CERTIFIED MAIL NO. Z
TO: KIMllEll.LY D. ~TTHEWS
45 WUtE ROAD
CAll.!8LE, PA 17013-9514
llE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220670133
45 MARl:< ROAD
CARLISLE, PA 17013-9514
This company is the holder of Cbe FIRST MORTGAGE (AND NOTE) on the above
premises, or is the morcqaqe service agent for such holaer. (Hereinafter
refer~ed to as we! us or ours).
As of the dace of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have noc made the May J., 1999 and Subsequent monthly payments as
listed, and/or for other reasons as indicaced below:'
3 payments @ $857.63 $2,572.89
Accrued late charges....................... . . . . . . . $322.92
NSF Check Fees... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 00
All other fees accrued to date......................$O.OO
~ Less available suspense creaitG .......I..I.........~O.OO
The total amount now required to cure chis default, or in
other words, get caUght up in your payments as of the dat.e
of this letter is................................... .$2,895.81
Y~U may cure this default within THIRTY (30) DAYS of the dace of this
letter, bY paying to us the above amount, plus any additional monthly
payments and late charges which may fall dUe durinq chis period. Such
payment must be made either by cash, cashier's oheck, certified check or
money ordcr, and Inade at, or sent to: 3451 RalNnond Avenue, P.O. Bo~ 7BO,
Wate_ ':''":'~J - I.:\ 50704-0780.
If you do not cure the default wichin THIRTY (30) DAYS, we incend Co
exercise our right to aooelerace the mortgage paymenCs. ~nis means that
whatever is owinq on che orillina1 amount borrowed will be considered rille
immediat.ely alld you may luse the ohanoe to payoff che oriqinal mortq~'l'e
in monthlY installments. If full payment of ~he amount. of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuic Co foreclose your mortqaqed property. Ir the mortqaqe is
fureolosed your mortqaqed property will be sold by the Sheriff to pay
DMS5'BRCHPA (Page
1 of 2)
EXHIBIT A
too lEi
JVl'lCl
SH9 6~;: n;:,g,
H:Sl
66/16/61
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July 19, 1999
Page 2
220B70133
off the debt. If we refer your case eo our attorneys, but you cure the
default before they begin legal proceedings against you, you will still
have eo pay the reasonable ateorney's fees, aceually incurred, up to
$50.00.
Howeverf if leqal prooeedings are started ~qain$t you, you will have to
pay the rea.sonable attoX"ney's fees even if they are over $50.00. .Any
attorney's fees. will be a.d.de.Q. t.o whatever you. owe us, which ma.y also
include our reasonable costs. If you cure the default within the thirty
day period, yo~ will not be required to pay accorney'5 fees.
Remember you are also responsible for keepinq all real C5cate taxes
ctlrrent:..
We may also sue you personally for the unpaid balance and all other sums
due under the moreqaqc. If you have not cured che default within the
thirty day period and foreolosure prooeedings have begun, you still have
the right to oure the default and prevent the Sale at any time up to one
hour before ehe Sheriff's foreclosure sale. YoU may do so by paying the
total amount of the unpaid monthly payments plUS any late or other
ch~rges then due, as well as the reasonable attorney's fee> and costs
oonnected with the foreclosure sale (and perform any other requirements
under the mortqaqe). Ie is estimated thac the ear.liest daee that such a
Sheriff's sale could be held would be approximately one-hundred and fifty
(150) days from the date of this lecter. A notioe of the date of the
Sheriff's sale will be senC to you before the sale. Of course, the
amount needed to cure the default will increase the lonqer you wait. You
m~y find out at any time exactly what the required payment will be by
oallinq us at the followinq number, 1-BOO-850-4522. The payment must be
in cash, cashier's cheC~f eercitied check or money order and made payable
to us at the address previouslY stated.
You should realize that a Sheriff's sale will end your ownership of the
mortgaqed property and your right co remain in ic. If you continue to
live in the property afcer the Sheriff's sale, a lawsuit could be started
to evict you.
NC'Tr.....:<::. -' -Phis.' is an a.ttempt to collect a debt and any information
obcained will be used for that purpose.
You have addi~icnal ~iQhts to help protecc ycu~ ince~es~ in the property.
YOU HAVE TH~ ~IGHT TO SELL THE P?'OPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW JoIONEY FROM ANOTRl':'l\ LENDING INSTITU'I'IOl'l TO 'P>.'f
OFF THIS DEBT. YOU ~Y HAVE THE RIGHT TO SEL~ OR ~~ANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME TaR
MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PAIn PRIOR TO OR AT THE SALE, (AND THAT THE
OTHER REQUIREMENTS UNDER THE MORTGAGE ~RE SATISFIED). CONTACT US TO
DE~'ERMINE UNDER lfflAT CIRCUMSTANCES TllE ~IGHT MAY EXIS~'. YOU HAVE THE
R!GHT TO ~AVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
If you cure the aefault, ~he mortgage will be reseored ~o the same
posiCion as if no default had oecurred. However, you are no~ entieled ~o
this right to cure your def~ult more than three times in any calendar
year. DMS5-BRCHl?A (?age 2 of 2) EXHIBlT A
coo~
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ALL THAT CI'i:RTAIN traci: of ~and in Lower FrankfQ~d TownShf~!.;,~;<~g~i
CumbQrl.and. County, Pennsy1.van.1.8, containi.ng 1.6. S92 acres, be ~ ;,~
the northern mo~t part or the fa~ now or ~ormer1y of Ne1son i.~ ~
Shuqhart:., and. Ruth E. Shuqhart:., his wi~El, which rarm is In ~.n . ~5
parl:.ieularl.y looat:.ed. as being i.n the Northeas~ corner fl~ ~
Legislative Route No. 21001., known as Traffio Route No. 994 ~~ ~
Towne-hip Road No. 4.92, t:ha tract hereby convaYQd be:i.n9 mOf'p:ii'iiiillJ'~1
particu1arl.y bounded and describe.d o.s foJ.lows: :1. ,I,
SECINNI:NG a'l:, an iron pin on a line. of l.and now or formerl.y of
c.c. Leidiqh and l.and no'" or forn\Cl!.r1.y of Eugene C. Morrison,
North 72 deqreQs 57 lDinutea 48 seconds. East 1.029.522 :feet to a
stone piJ.e; thenee Sou~h 21 4&qrees 42 'minutes 11 secon4s East
495.76 ;eeet to an iron pin and stene. pile; t.hence south 22
de9~QeS 41 minutes 53 seconds East 397.75 ~eet to a~ iron pin;
thence south 75 degrees 22 minu~es 50 seeonds Weat 541.68 fQe~ to
lIn iron pin: thence North 4-5 degrees 30 )lIinu~es 37 seconds West:
98~.602 ree~ ~o the p1ace or beginning_
1
CONTAINXNG 16.582 acres, more or ~ess.
SEING ~he sama premises that Wa1~er E. Morrison and Gera~dinQ L.
Morrison, husbnna and wi~e, by their ~eea dated the 28th day or
PREMISES: 45 MARE ROAD
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VERIFICATION
FRANK FEDERMAN, ESQUIRE hereby states that he is
attorney for Plaintiff in this matter, that he 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 his knowledge, information and belief. The
undersigned understands that this statement is made subject to the
penalties of 18 Pa.
c.s.
Sec.
4904 relating to unsworn
falsification to authorities.
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FEDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION OF PA
PLAINTIFF
COURT OF COMMON PLEAS
vs.
CUMBERLAND COUNTY
No. 2000-232-CIVIL
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
DEFENDANT
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification with
respect to the Complaint filed in the instant matter.
-1'4 ~d~~v/
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Date: January 21, 2000
--..--
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VERIFICA nON
SHIRLEY lEADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC
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 unsworn
falsification to authorities.
AjP~
DATE:
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ALL-sTATELEGAL. 07153
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FEDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION OF
PA
COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
vs.
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
Cumberland County
Defendants
No. 2000 232 CIVIL
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure
with reference to the above captioned matter.
~
Attorney for Plaintiff
Date: February 24, 2000
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-00232 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP OF PA
VS
MATTHEWS SCOTT A ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according' to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MATTHEWS SCOTT A
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of PERRY
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On March
7th , 2000 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
DEP. PERRY CO 35.60
.00
72.60
03/07/2000
FEDERMAN & PHELAN
~~~
R. homa@ Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this .1(~ day of ~
~ A.D.
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.'-' a. ~d~'-J . ~
. Prothonotary
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In The Court of Common Pleas of Cumberland County, Pennsylvania
GMAC Mortgage Corporation of PA
VS.
Scott A. Matthews,et. al.
Serve, Scott A. Matthews
No. 20-232 Civil
Now,
3/2/00
, 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A,do
hereby deputize the Sheriff of Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~~~t
Sheriff of Cumberland County, P A
Affidavit of Service
>.,,,.,oj
Now,
March 4
, 20~, at 3: 35 o'clock P M. served the
within
Reinstated Notice & Complaint in Mortgage Foreclosure
upon ScottA. Matthews
his residence at
& Spring Township, Perry County, Pa.
by handing to
Scott A. Matthews. Defendant
and made known to . him
copy of the originalNotice & Complaint in
Mortgage Foreclosure
the contents thereof.
a true and attested
S6 answers,
vB~
DeputJ;heriffof Perry
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County, PA
,20~
COSTS
SERVICE
MlLEAGE
AFFIDAVIT
$
DEPUTY PROTHONOTARY & CLERK OF COURTS
BLOOMFIELD BORO.~ PERRY CO.. PA
MY COMMISSION EXPIRES JAN .5. 2004
$
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Two Penn Center Plaza - Suite 900
Philadelphia, PA 19102
(215) 563-7000
GMAC MORTGAGE CORPORATION
OFPA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CML DMSION
Plaintiff
: NO. 2000-232-CML
VS.
SCOTT A. MATTHEWS
RR 2 BOX 540
LANDISBURG, P A 17040
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against SCOTT A. MATTHEWS and
KIMBERLY D. MATTHEWS, 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 11/1/99 to 4/7/00
TOTAL
$111,293.90
$3.036.90
$114,330.80
I hereby certifY that (1) the addresses of the Plaintiff and Defendant(s) are as shown above,
and (2) notice has been given in accordance with Rule 237.1, copy attached.
1- ~ -:ldJ/vVMAM/
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. /) ~
DATE: 411(') I/)o /<; / r...1L./f'77A.J 7).
, f ' { PROPROT
"TIllS FIRM IS A DEBT COLLECTOR ATIEMPTING 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 ATIEMPTTO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
,-
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FEDERMAN AND PHELAN
'Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
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ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION OF
PA
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
NO. 2000-232 CIVIL
Defendant(s)
TO: SCOTT A. MATTHEWS
RR 2 BOX 540
LANDISBURG" FA 17040
DATE OF NOTICE: MARCH 27. 2000
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 wi thin 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
f'lE COr'l
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
-~
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION OF
PA
Plaintiff
COORT OF COMMON PLEAS
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
NO. 2000-232 CIVIL
Defendant
TO: KIMBERLY D. MATTHEWS
C/O THE GIANT FOOD, INC.
1400 HARRISBURG PIKE
CARLISLE, PA 17013
DATE OF NOTICE: MARCH 27. 2000
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 ASSOCIA nON
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FILE COpy
Frank Federman, Esquire
Attorney for Plaintiff
...----
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FEDERMAN AND PHELAN
~rank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215...L. 563-70~0
GMAC MORTGAGE CORPORATION OF
PA
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
NO. 2000-232-CIVIL
Defendant
TO: KIMBERLY D. MATTHEWS
3703 ENoLA ROAD
NEWVILLE, PA 17241
FILE Copy
-
DATE OF NOTICE: MARCH 27. 2000
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) 249-3] 66
Frank Federman, Esquire
Attorney for Plaintiff
--
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FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215J... 5 63-: 7000
GMAC MORTGAGE CORPORATION OF
PA
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
NO. 2000-232-CIVIL
Defendant
TO: KIMBERLY D. MATTHEWS
45 MARE ROAD
CARLISLE, PA 17013
DATE OF NOTICE: MARCH 27, 2000
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.
FILE COpy
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 wi thin 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
,"' -
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FEDERMAN and PHELAN
By: FRANKFEDERMAN
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, P A 19102
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
OFPA
: CUMBERLAND COUNTY
Plaintiff
: Court of Common Pleas
vs.
: CIVIL DIVISION
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
Defendant(s)
: NO. 2000-232-CIVIL
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended
(b) that defendant SCOTT A. MATTHEWS is over 18 years of age and resides at
RR 2 BOX 540, LANDISBURG, P A 17040.
(c) that defendant KIMBERLY D. MATTHEWS is over 18 years of age, and
resides at 3703 ENOLA ROAD, NEWVILLE, P A 17241.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
::; /&M1Jf..I ~ .e,1i A /I/I/i A/YL
FRANK FEDERMAN
Attorney for Plaintiff
,
,
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(Rule of Civil Procedure No. 236 - Revised)
GMAC MORTGAGE CORPORATION
OFPA
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 2000-232-CIVIL
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against you on
APRIL ID .2000.
~ A.O/lo>" 2. ~~.J])EPUTY
4
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN, ESOUIRE
Attorney for Filing Party
SUITE 900
TWO PENN CENTER PLAZA
PHILADELPHIA. PA 19102
(215) 563-7000
**TIDS 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 TIllS 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. **
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Plaintiff
V.
NO. c:XQD 'd~
c:a;J
CUMBERLAND COUNTY
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
Defendant( s)
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV!OUSL Y 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 #0 220870133
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1. Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
3451 HAMMOND AVENUE
P.O. BOX 780
WATERLOO, IA 50704
2. The narne(s) and last known addressees) of the Defendant(s) are:
SCOTT A. MATTHEWS
KIMBERLY D. MATTHEWS
3703 ENOLA ROAD
NEWVILLE, P A 17241
who is/are the mortgagor(s) snd real owner(s) of the property hereinafter described.
3. On 6/23/93 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1144, Page 720.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
-
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6.
The following amounts are due on the mortgage:
Principal Balance
Interest
4/1/99 through 11/1/99
(Per Diem $19.10)
Attorney's Fees
Cumulative Late Charges
6/23/93 to 11/1/99
Cost of Suit and Title Search
Subtotal
$101,386.41
4,087.40
5,069.00
430.56
550.00
111,523.37
Escrow
Credit
Deficit
Subtotal
229.47
0.00
229.47
TOTAL
$111,293.90
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not corne under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. 1bis action does not corne under Act 91 of 1983 because the mortgaged premises is not
the principal residence of the Defendant(s).
10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. 9 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof.
IfDefendant(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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 111,293.90, together with interest from 11/1/99 at the rate of$19.10 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.
~,r~
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
-
GMAC Mortgage Corporation
P.O. Box 8507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704.0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: JUly 7, 1999
Servicing
CERTIFIED MAIL NO. Z 472890838
TO: SCOTT A MATTHEWS
3703 ENOLA RD
NEWVILLE PA 17241
LOoMAc
Mortgage
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 MARE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
yoU have not made the May 1, 199.9 and subsequent monthly payments as
listed, and/o~ for other reasons as indicated below: *
3 payments @ $857.63 $2,572.B9
Accrued late charges..... ...... ...... ..... ... .....$287.04
NSF Check Fees..................................... .$0.00
All othe:t fees accrued to date...................... $0.00
, Less available suspense credits................... .$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this lette:t is................................... .$2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must oe made either by cash, cashier's check, certified check or
mbi~';')TderT and made at, or sent to: 3451 Hanunond Avenue,- P.O. ~'-'Box 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our ~ight to accelerate the mortgage payments. This means that
whatever is OWing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBiT A
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GMAC Mortgage Corporation
P.O. Box 65071
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: JUly 7, 1999
Servicing
LOoMAc
Mortgage
CERTIFIED MAIL NO. Z 472890839
TO: SCOTT A ~TTHEWS
45 ~RE ROAD
CARLISLE PA 17013-9514
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises, or is the mortgage service agent for such holder. (Hereinafter
referred to as we, us or ours) .
As of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT because
you have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for other reasons as indicated below: *
3 payments @ $857.63 $2,572.B9
Accrued late charges.. .... .... ... ... .... ..... .....$287.04
NSF Check Fees..................................... .$0.00
All other fees accrued to date... ...... ..... ........$0.00
* Less available suspense credits................... .$0.00
The total amount now required to cure this default, or in
other words, get caught up in your payments as of the date
of this letter is................................... .$2,859.93
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
m~~~I>.;>;-~de~, and made at, or sent to: 3451 Hammond Avenue,-'P.O. --B-9x 780,
Waterloo, IA 50704-0780.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage
in monthly installments. If full payment of the amount of default is not
made within THIRTY (30) DAYS, we also intend to instruct our attorneys to
start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMS5-BRCHPAC (Page 1 of 2)
EXHIBIT A
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GMJlC Mortgage Corporalion
P.O. Box B507f
San Diego, OA 92188-5071
3451 Hammond Ave
P.O. Box 7BO
Waterloo, IA 50704-0780
NOTlcE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 19, 1999
ServIcing
LOoMAc
Mortgage
CERTIFIED ~IL NO. Z
TO: RIMSERLY D. ~TTHEWS
3703 ENOLA RD
NEWVILLE, PA 17241
RE: MORTGAGE LOAN NUMBER:
MORTGAGED PREMISES:
220870133
45 ~RE ROAD
CARLISLE, PA 17013-9514
This company i~ the holder of the FIRST MORTGAGE (AND NOTE) on thc above
premises, or is the mortqaqe service aqent for such holder. (Hereinafter
referred eo as we, us or ours) .
A~ of the date of this notice, THE MORTGAGE IS IN SERIOUS DEFAULT beeau~e
YOU have not made the May 1, 1999 and subsequent monthly payments as
listed, and/or for ocher reasons as indica~ed below: *
3 payments 0 $B57.63 $2,572.89
Accrued late oharges.. . . . . . . . . . . . .. . ... .... . . . . . . . $322.92
NilI' Check Fees.................................... ..$0.00
All other fees acorued to date........... .. . .. .. . .. . $0.00
* Less available suspense credics ......... ...........$0.00
The total amount now required co cure this default, or. in
other words, gee caught up in your payments as of the date
of this letter is......".... . . . . . . . . . . . . . . . . . . . . . . . . . $2,895. B1
You may cure this default within THIRTY (30) DAYS of the date of chis
lecter, by paying to Us che above amounc, plUS any additional monthly
payments And late charges whioh may fall due during this period. Such
paymerlt must be ma.de either by cash. eash:i.er's cheek, c6;t't.ificd che.ck O;J:"
money order, a.nd made at, or Sent. co: 3451 Rammonc. Avenue, .r-.O. Bo~_ 7aOl
waEe-:::~<':"I~'.-:;:A--S0704 - 0780.
If you do noc cure the defaulc within THIRTY (30) DAYS, we intend to
exercise our riqht to Aocelerate the mortgage payments. This means chat
whaeever is owinq on the ori~inal amount borrowed will be considered Que
irnmediacely and you may lose the ohance to payoff the oriqinal morc~age
in monchly installmentS. If full payment of the amount of defaule is not
made within THIRTY (30) DAYS, We also intend to inscruct our attorneys to
start a lawsuit to foreclose your mort~aged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay
DMSo"BRCHPA (Page 1 of 2)
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GMAC Mor\!I!Ige Corporation
P.O. Box B507f
San Diego, CA 92186-5071
3451 Hammond Ave
P.O. Box 760
Waterloo, IA 50704-0760
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
DATE: July 19, 1999
Servioing
WoMAc
Mortgage
CERTIfIED ~IL NO. Z
TO: KIMBERLY D. ~TTHEWS
45 ~RE ROAD
CARI8LE, PA 17013'9514
RE : l'lORTGAGE LOAN NUMBER:
l'lORTGAGED PREMISES:
220B70133
45 MARt. ROAD
CARLISLE, PA 17013-9514
This company is the holder of che FIRST MORTGAGE (AND NOTE) on the abovc
premi~es, or is the morc94ge service ~gent for such holaer. (Hereinafter
refer~ed to as we! us or ours) .
As of the dace of chis notioe, THE MORTGAGE IS IN SERIOUS DEFAULT because
YOU haVe noc made the May 1, 1999 and subsequent monthly payments as
listed, and/or for othe~ reasons as indicated below:'
3 payments @ $857.63 $2,572.89
Accrued late cha~ges...................... ....... .$322.92
N8F Cheok Fees..................................... .$0.00
,>.11 other fees accrued to date.... .......... .. . .. ... $0.00
* ~ess available suspense credits ........ ..... ..... ..$0.00
The total amount now required to cure chis default, o~ in
other words, get caUght up in your pa~nents as of the dace
of this letter is.................................... $2,895.81
Y~U may cure this default within THIRTY (30) DAYS of the dace of this
letter, by paying to us the above amount, plus any additional monthly
payments and late charges which may fall due during chis period. Such
payment must be made either by cash, cashier's check, certified check or
money order, and made at, or sent to: 3451 Ralrunond Avenue, ~.O. Box 780,
W.J.te:'--;~'9; --!.7la__5.07 04.07 eo. --
If you do not cure the default wi chin THIRTY (30) DAYS, we intend co
exercise our riqht to acoelerate the mortgage payments. ~~is means that
whatever is owing on che original amount borrowed will be considered ciue
imme<lia~ely and you may lose the chance to payoff che oriqinal mortgage
in monthly illstallments. If full payment of che amOUnC ot default is not
Made within THIRTY (30) DAYS, we also intend to ingtruct our attorneys to
start a lawsuic to foreclose your mortqaqed property. Ir the mortgage is
foreclosed your mortqage<l property will be sold ~y the Sheriff to pay
DMS5-BRCllPA (paqe 1 EXH\B\T A
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Paqc 2
220870133
off the debt. If we refer your cas@ eo our attorneys. but you cure the
defaul~ be~ore they begin legal prooeedings against you, you will still
have to pay the reasonable attorney's fees, actually incurredl up ~o
$50.00.
However, if leqal prooeed~nqs are started aqainst you, you ~ill have to
pay the rea.sonable attoX'ney's fees eVen if they are over ~50.00. ),ny
attor'ne~?, s :fees will be added. to whatever you owe us, which may a1 so
include our re~sonable costs. I~ you oure the default wi~hin the thirty
day period, you will not be required to pay atcorney'S fees.
Remember you ~re also responsible for keeping all real Cscate taxes
c\\rrent.
we may also s~a yoU ~ersonally for the unpaid balance and all other sums
due under the mortgage. If you have not cured ~he default within the
thirty day periOd and foreclosure proceedings have beg-un, you still havc
the right to dure the default and prevent the sale at any time UP to one
hour before, the Sheriff's foreclosure sale. YoU may do so by pa.ying' the
total amount of the unpaid monthly payments plus any late or other
charges then ducl as well as the reasonable actorney's fec~ and costs
connected with the foreclosure sale (ana perform any ~ther requirements
under the mortqaqe). It is estimatad thac the ear.liest date that such a
Sheriff's sale could be held woula be approximately one-hundrea ana fifty
(150) days from the date of this letter. A notice of the d~te of the
sheriff's sale will be sent to yoU before the sale_ Of course, the
amount needed to cure the aefault will increase the longer you wait. YoU
may find out at any time exactly what the required payment will be by
oal1ing us at tbe following number: 1-800-850-462.. The payment must be
in cash, cashier's check, cercified check or money order and made payable
to us ac the address previouslY stated.
You should realize that a Sberif~'s sale will end your ownership of the
mortqaged property and your riqht to remain in it. If you continue to
live in the property afcer the Sheriff's sale, a lawsuit could be started
to evict you.
NOTI;:':'~""("'. "Tld's-- is an attempt to collect a debt and any informat.ion
obcained will be used for that purpose.
You have additional rights to help protecc your interest in the property.
YOU ~VE TH~ RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE D~BT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO ~~Y
OFF THIS DEBT. YOU MAY HAVE TilE RIGHT TO SEtlL OR 'I'RANSP'ER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT T>.LL OUTSTANDING PAYMENTS, CRAAGES AND
ATTORNEY'S FEES AND COSTS ME PAID PRIOR TO OR AT THE SALE, (AND TIIAT TIlE:
OTll:ER REQllIREME:NTS llNl:>ER THE MORTGAGE ARE SATISFIED). CONTACT US TO
DE1'ERMINE UNDER IfflAT CIRCUMSTANCES TilE RIGHT ~Y EXIS1'. YOU HAVE THE
RIGHT TO HAVE THIS DEF~ULT CURED BY ~NY THIRD PARTY ACTING ON YOUR
BEIlALF.
If you cure the default, the mortgaqe will be r~secred co the same
position as if no default had occurred. However I you are not entieled to
this right to cure your default more than three time~ in any calendar
year. DMS5-BRCH1?A (page 2 of 2) E)(H\B\T A
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ALL THAT CERTAIN trac1:. of ].and in ~o",:er Frank:fol:'d TownShf::'"..l~'::" ri~
cumberland County, Pe.nnsy1.vania, contci.J.n1ng' 1.G. 892 aores r be c;.n :~
the northern most part of the farm now or fo~er1y of Nelson f.~ ~
Shughart, and Ruth E. S;huqhart:., his wife, which farm is .In Ef""" . ~
part.icul.arly located as being in the Northeast:. corner :5:;:. ~
Leqislative Route No. 21001, known as Traffic Route No_ 994 ~~ ~
Tovn$hip Road No. 4.92, i:he 'tract:. here.by conveyod being m9lfej'iiiilll'~1
)?OirtiouJ.a.rJ.y bouJ"Idad and described as foJ.J.ows: Ill. . I.
BEGINNING a'C an iron pin on a line of land now or formerly of
c.c. Le:idigh and ~and noW' or forn\eJ;"~Y of' EU':;jene C. Morrison,
North 72 degrees 57 minutes 48 seQQnds.East 1029.S2,a fee.t to a
stone pile; thence South 2:1. degrees 42 minutes 11 seconas East
495.76 :f'eet to an iron pin and. stone. pile.; t.hence South 22
degrees 4~ winutes 53 seconds E8S~ 397.75 feet to an iron pin;
thence South 75 deqraBS 22 minutes 50 seconds West 64i.6S feet to
an iron pin; thence. North ';'5 dSg':rees 30 minutes 37 seoonds West
981.G02 rest ~o the ~1ace of beginnihg.
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CONTAINING 16.682 acres, mQre or ~ess_
BEING ~he same. ~remises ~hat Wa1ter E. Morrison and Gera~din9 L.
Morrison, husbQnd and wi~e, by thair aeed date.d ~he 28th day of
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PREMISES: 45 MARE ROAD
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VERIFICATION
FRANK FEDERMAN, ESQUIRE hereby states that he is
attorney for Plaintiff in this matter, that he 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 his knowledge, information and belief. The
undersigned understands that this statement is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
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DATE: -l~ 1 ~o 0
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
GMAC MORTGAGE CORPORATION OF PA
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
v.
NO.2000-232 CIVIL
SCOTT A.MATTHEWS
KIMBERLY D. MATTHEWS
CUMBERLAND COUNTY
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby
certifies that service of the Notice of Sheriff's Sale was made by
sending a true and correct copy by certified mail to Defendant,
KIMBERLY D. MATTHEWS at 3703 ENOLA ROAD NEWVILLE, PA 17241
which
notice of Sheriff's Sale was received by Defendant, KIMBERLY D.
MATTHEWS
on MAY 19, 2000 as evidenced by the attached return
receipt.
The undersigned understands that this statement is made
subject to the penalties of 18 PA C.S. s 4904 relating to unsworn
falsification to authorities.
~~DE
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JUNE 5, 2000
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SENDER:
. Check box at right if you require Restricted Delivery.
. Print yolJr name and address on the reverse of this form so that we can return this card
to you.
. Attach this form to the front of the mailpiece, or on the back. if space does not permit.
. The Return Receipt win show to whom the article was dellverad and the date delivered.
I also wish to receive the
following services (for an extra fee):
A Restricted Delivery
Consult postmaster for fee.
4a Article Number
3. A?icl&.Addressed to:
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: "lU.."'tDIUu.Y J). 1".AriJm..tS
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P 973 738 509
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8. Addressee's Address
Domestic Return Receipt
P~,FO M381~ecember 1994,..
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GMAC Mortgage Corporation ofPA
-vs-
Scott A. Matthews and Kimberly D. Matthews
IlH;
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-232 Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed.
Sheriffs Costs:
Docketing
Poundage
Mileage
Levy
Surcharge
Law Library
County
Postpone Sale
Out of County
Sworn and Subscribed To Before Me
. tv G~>'
This .2 7-, Day 0 'fr-i c . i:i-:1;,~_
2000,A.D.pro~ I). Yh/ii'l#
Pro 0 otary
30.00
2,340.66
4.96
15.00
30.00
.50
1.00
20.00
--2"QQ
$ 2,451.12 Pd By Arty
7/24/00
So~w~ ~~
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R. Thomas Kline, Sheriff
ByjZt;u4:~
Real Estate Deputy
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GMAC Mortgage Corporation ofPA
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
Scott A. Matthews
Kimberly D. Mattbews
CIVIL DIVISION
NO. 2000-232 CIVIL
Defendant(s).
AFFIDA VII PURSUANT TO RULE 3129
(Affidavit No. I)
GMAC Mortl!:al!:e Corooration ofPA, 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 45 Mare Road. Carlisle. P A 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Scott A. Matthews
RR 2, Box 540
Landisburg, P A 17040
Kimberly D. Matthews
3703 Enola Road
Newville, PA 17241
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Household Realty Corp. 961 Weigel Drive
Elmhurst, IL 60126
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4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
GMAC Mortgage
Corporation of America
1301 Office Center Drive
Suite 200
Fort Washington, PA 19117
Household Realty
Corporation
25 Gateway Drive
Suite 107
Mechanicsburg, P A 17055
5. Name and address of every other person who has any record lien on the property:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
45 Mare Road
Carlisle, PA 17013
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
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 ]ll1swom falsification to authorities.
May 8. 2000
DATE
F FED
Attorney for PI' Iff
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GMAC Mortgage Corporation of P A
Plaintiff,
CUMBERLAND COUNTY
v.
No. 2000-232 CIVIL
Scott A. Matthews
Kimberly D. Matthews
Defendant(s).
May 8, 2000
TO: Scott A. Matthews
RR 2, Box 540
Landisburg, P A 17040
Kimberly D. Matthews
3703 Enola Road
Newville, PA 17241
45 Mare Road
Carlisle, P A 17013
C/O The Giant Food, Inc.
1400 Harrisburg Pike
Carlisle, PA 17013
"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 45 Mare Road, Carlisle, P A 17013, is scheduled to be sold at the
Sheriffs Sale on Seotember 6, 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC Morte-ae-e
CoroorationofPA (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be
. relisted for the December 6, 2000 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
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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.
I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will I)e 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
ALA WYER 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
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DESCRIPTION
ALL THAT CERTAIN tract ofland in Lower Frankford Township Cumberland County,
Pennsylvania, containing 16.892 acres, being the northern most part of thefarnnow or formerly of
Nelson H. Shughart, and Ruth E. Shughart, his wife, which farm is more particularly located as
being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and
Township Road No. 492, the tract hereby conveyed being more particularly bounded and described
as follows: "
BEGINNING at an iron pin on a line of land now or formerly of C.C. Leidigh and land now or
formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a
stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone
pile; thence South 22 degrees 41 minutes 53 second East 397.75 feet to an iron pin; thence South 75
degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes
37 seconds West 981. 602 feet to the place of beginning.
CONTAINING 16.6.82 acres, more or less.
Tax Parcel #14-04-0381-040
TITLE TO SAID PRElYlISES IS VESTED IN Scott A, Matthews and Kimberly D. Matthews, his
wife by Deed from Walter E. Morrison. dated 6/23/93 recorded 6/23/93 in Deed Book 36-1 Page
1133.
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WRIT OF EXECUTION and/or ATTACHMENT
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COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
2000-232 CIVIL 19
CIVIL ACTION - LAW
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TO THE SHERIFF OF
(]unh~rl Fmn
COUNTY:
To satisfy the debt, interest and costs due
GMAC Mortaaoe Corporation of PA
PLAINTIFF(S)
from Scott A. Matthews and Kimberly D. Matthews
45 Mare Road
Carlisle, PA 17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
see legal description
\;:-.;
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notWy 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 thedefendant(s) or otherwise disposing
thereof;
(3) If property oflhe defendant(s) nollevied upon an subjecllo attachment is found inthe possession of anyone other
than a named garnishee, you are direcledto notny him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $114,330.80
Interest from 4/7/00-9/6/00 $2,856.08
(per diem - $18.79)
Ally's Comm %
Ally Paid 5271.54
Plaintiff Paid
L.L. $.50
and Costl!Je Prothy $1. 00
Other Costs
Date:
Mav 10, 2000
Curtis R. Lana
Prothonotary, Oivil Division
by:
,,;~O K. ~-4. V;"
Deputy
REQUESTING PARTY:
Name
Address:
Frank Fedennan. Esa.
Two Penn Center Plaza Suite 900
Philadelnhia. PA 19102
Attorney for: Plaintiff
Telephone: t2J 5) 563-7000
Supreme Court ID No. 1 n48
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interest in the real property situated in,,{, #. E",,- f!- J~~1""'~
Cumberland County, Pi " " ~umbered as: 0/..5' AlI,;_ J ~ L-
a. 4.P..~ and mOff , on Exhibll "A" IUed with
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.c.P. 3180-3183
GMAC Mortgage Corporation ofPA
Plaintiff,
Cumberland County
v.
No. 2000-232 CIVIL
Scott A. Matthews
Kimberly D. Matthews
Defendaut(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$114.330.80
/
.,
Interest from 4/7/00 - 9/6/00
$2.856.08 and Costs
(per diem - $18.79)
$114.330.80 TOTAL
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TWO PENN C TER PLAZA
SUITE 900
PHILADELPHIA, PA 19102
Attorney for Plaintiff
Note: Please attach description of property. No. 45. !vi.tPr-L R{)~
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DESCRIPTION
ALL THAT CERTAIN tract of land in Lower Frankford Township Cumberland County,
Pennsylvania, containing 16.892 acres, being the northern most part of thefaranow or formerly of
Nelson H. Shughart, and Ruth E. Shughart, his wife, which farm is more particularly located as
being in the Northeast corner of Legislative Route No. 21001, known as Traffic Route No. 994 and
Township Road No. 492, the tract hereby conveyed being more particularly bounded and described
as follows: ~
.. BEGINN)}l'G a~ an iron pin on a line of land now or formerly of C.C. Leidigh and land now or
formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a
stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone
pile; thence South 22 degrees 41 minutes 53 second East 397.75 feet to an iron pin; thence South 75
degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes
37 seconds West 981.602 feet to the place of beginning.
CONTAINING 16.682 acres, more or less.
Tax Parcel #14-04-0381-040
TITLE TO SAID PREMISES IS VESTED IN Scott A. Matthews and Kimberly D. Matthews, his
wife by Deed from Walter E. Morrison elated 6/23/93 recorded 6/23/93 in Deed Book 36-1 Page
1133.
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FEDE~ANandPHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC Mortgage Corporation ofPA
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
Scott A. Matthews
Kimberly D. Matthews
NO. 2000-232 CIVIL
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
F FED
A orney for Plain ff
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GMAC Mortgage Corporation ofPA
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
Scott A. Matthews
Kimherly D. Matthews
CML DIVISION
NO. 2000-232 CIVIL
Defendant(s).
AFFIDA VII PURSUANT TO RULE 3129
(Affidavit No.1)
GMAC Mortl!:al!:e Corporation ofPA, 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 45 Mare Road. Carlisle. P A 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Scott A. Matthews
RR 2, Box 540
Landisburg, P A 17040
Kimberly D. Matthews
3703 Enola Road
Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Household Realty Corp. 961 Weigel Drive
Elmhurst, IL 60126
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4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
GMAC Mortgage
Corporation of America
1301 Office Center Drive
Suite 200
Fort Washington, P A 19117
Household Realty
Corporation
25 Gateway Drive
Suite 107
Mechanicsburg, lP A 17055
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
45 Mare Road
Carlisle, P A 17013
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
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 ofl8 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav 8. 2000
DATE
F FED
Attorney for PIa'
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GMAC Mortgage Corporation ofPA
Plaintiff,
CUMBERLAND COUNTY
v.
No. 2000-232 CIVIL
Scott A. Matthews
Kimberly D. Matthews
Defendant(s).
May 8, 2000
TO: Scott A. Matthews
RR 2, Box 540
Landisburg, P A 17040
Kimberly D. Matthews
3703 Enola Road
Newville, PA 17241
45 Mare Road
Carlisle, PAl 70 13
C/O The Giant Food, Inc.
1400 Harrisburg Pike
Carlisle, P A 17013
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at 45 Mare Road. Carlisle. P A 17013, is scheduled to be sold at the
Sheriffs Sale on September 6. 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South
Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC Morte:ae:e
Corporation ofPA (the mortgagee) against you. Ifthe Sheriff's sale is postponed, the property will be
relisted for the December 6, 2000 Sheriff's Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
L The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To fmd out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3 . You may also be able to stop the sale through other legal proceedings.
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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
fmd out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
fmd out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5 . You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
ALA WYER 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 LmERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
~- -
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DESCRIPTION
ALL THAT CERTAIN tract of land in Lower Frankford Township Cumberland County,
Pennsylvania, containing 16.892 acres, being the northern most part of thefarnnow or formerly of
Nelson H. Shughart, and Ruth E. Shughart, his wife, which farm is more particularly located as
being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and
Township Road No. 492, the tract hereby conveyed being more particularly bounded and described
as follows: ~
BEGINNING at an iron pin on. a line of land now or formerly of C.C. Leidigh and land now or
formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a
stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone
pile; thence South 22 degrees 41 minutes 53 second East 397.75 feet to an iron pin; thence South 75
degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes
37 seconds West 981.602 feet to the place of beginning.
CONTAINING 16.682 acres, more or less.
Tax Parcel #14-04-0381-040
TITLE TO SAID PREMISES IS VESTED IN Scott A. Matthews and Kimberly D. Matthews, his
wife by Deed from Walter E. Morrison dated 6/23/93 recorded 6/23/93 in Deed Book 36-I Page
1133.
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