The URL can be used to link to this page

Home My WebLink About00-00233 ~ ~ -. ,- ~ ~~, -" . .~.......~- '. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPIllA, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION 3451 HAMMOND AVENUE WATERLOO, IA 50704-0780 AITORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION Plaintiff TERM NO.~-0l3J ~ v. CUMBERLAND COUNTY DAVID A. DANIEL CHARLENE R. DANIEL 213 LOmS LANE ENOLA, P A 17025 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECI'OR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCIJARGE 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 306457508 . -." ~ 0', ~ 1. Plaintiff is GMAC MORTGAGE CORPORATION 3451 HAMMOND AVENUE WATERLOO, IA 50704-0780 2. The name(s) and last known addressees) of the Defendant(s) are: DAVID A. DANIEL CHARLENE R. DANIEL 213 LOUIS LANE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/29/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOURCE ONE MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1285, Page 398. By Assignment of Mortgage recorded 12/9/97 the mortgage was assigned to CAP STEAD, INC. which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 890. By Assignment of Mortgage recorded 6/11/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 615, Page 199. 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 4/1/99 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."n If:. '.<. , - -.-...- ""'~--., 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1/99 through 9/1/99 (Per Diem $18.86) Attorney's Fees Cumulative Late Charges 9/29/95 to 9/1/99 Cost of Suit and Title Search Subtotal $84,708.84 3,470.24 4,000.00 162.25 550.00 92,891.33 Escrow Credit Deficit Subtotal 0.00 496.81 496.81 TOTAL $93,388.14 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. Ibis action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. Ibis action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). 11. Pursuant to the Fair Debt Collection Practices Act, 15 D.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 $93,388.14, together with interest from 9/1/99 at the rate of$18.86 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~an::r~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~-" ~'"~~ GMAC M"rtgage C"rporaUon P.O. Box 85071 San Diego, OA 921B6-5071 3451 H",mmond Ave P.O. Box 780 Waterloo, IA 50704-0760 Servicing GMAC Mortgage D~.: september 23, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an ..f6daJ "..ticathat tile mort9age on ,.onr home is in default. and the lender Intends to rore.lo... SDeciti. information about tile nature efthe defallllt is n1'Uvlded in tile atbtched na!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM 1lIEMAP\ mav be able to heln to ""va vonr home. This N..lice exnlains how tli~ nrol!J'aDI works. , 1'0 see If REMAP an hell!. vou mullt MEET Wll:B.A <;ONSt~R CR"'OIT COUNSEl ,NG AGENCY WITHIN 30 DAYS OF THE DATE OF TDlS NOTICE.T1lkli thIS N..tfee with vou when VOll meet with the Co1inselin~ A2eu~.. The name. address and "hun. number of Consumer Credit Counoellll! Al1'lndes servin!! vour Count\' :ne listed tthe end ofthis Nutl.e. If ou bave.... ".stiun 0111 ma Ii Ite . n In ia ROll';lI . "inanee A en toll at 1-800-342-2 7. erSGns with im ired hearin can call 7 80- 8 9: This Notice eunlain. huportaDt Jegal information. If you lIave any q"esfions, repre.enbtive. at the Con.ulller Credit Counseling Agency may be able to help e"plain it. You may al"" want to contact All attorney in your "rea. The loen) blll" alSoelation may bellble tu help you find a Iawyor. LA NOTlFlCACION EN AD.J1lNTO ES DE SUMA IMPORT AN~ rUES AFECTA SV DER.ECPO A CONTINUAR VlV1ENDO EN SV CASA. SI NO COMl'RENDE E1l..CONTENlDO DE ESTA NO'llFICACION OBTENGA UNA TRADUCClONIMMEDlATAl\:IENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS,AL NtlMERO MltNClONADO AlUUBA. PUEDES SF.R ET..EGIBLE J' AKA UN PREST A1\I0 l'OREL J'R.OGRAMA LLAMADO "DO:MEOWNER'S l;!\<IERGENCY MORTGAGE ASSISTANCE l'ROG" PUEnE SALV AR SU CASA DE LA l'E'RDIDA DEL DEltECBO A REDlMl Bll'OTECA LOAN ACCT. NO.: ORIGINAl. UNDER: CURRENT I,ENDERlSERVICER: o N/A GMAC Morcqaqe HOMEOWNER'S NAME(S): PROPERTY ADDRESS: DAVID A. DANIEL 213 LOUIS LN NOLA, PA 17025-2142 EXH\B1TA ::>YJ;:::l ~H9 6~;: n;:D. 6~:9, 66/;:0/" .__ _ __ _ IlLU LOO lEi ~ "- Il#"~'''''';-' .. ~~ I CiMAC Mort!tage Corporation P.O. Box B5071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Bo>: 780 Waterloo, IA 50704-0760 Servlcinl GMAC Mortgage Dale; September 23, 1999 ACT 91 NOTICE TAKE ACTION TO SA VE YOUR HOME FROM FORECLOSURE Tbi, is an offlcialll,otice that tbe mort...."" on vour bome Is in dellinlt. aad the lender mtendJ to foredose, S"..c:ifie infer-malian about the nam.. efthe cL:faolH. "ro>'ided m the altal:bed "a~e.. Tbe nOMEOWNF:R'S MORTGAGE ASSISTANCE PROGRAM ffiQfAl'\ maY be able to 11.1" to save VODr hOJJle. Tllis Notice elnlain. hew the oro_ works. To ICe ifHEMAP ~n helo. VBn JJlDst lIfEETWITll A CONSUMER CREnIT COUN$I1.T ,1NG AGENCY WITlIIN31lDA YS OF'l'HE DATI!. OF THIS NOnCE. Take this Nolm: with von when von meet with th. Coansellnv Aveney. Tbe n~m~ addre.. and ohone nDDlber of COnS1lJJler Credit Conn....nn, Aponeies .ervin. vov Coonty an listed at,' 'e end oHhis: tiee.If on ha"ean Deslion on ma U the Pen vania O1Uin Fioan.e A..ene" toU free 'at 1.800-341.2397. {Persons with iJJloai....d huriu can eall1717'l7 0-'1869\. This Notice contains impertant legal iDforDCldon. Uyoa have allY qlleJtion.. representatives at the Con.omer Credit COllos.Ung Agency may be able to help expbin it Voo may also _ntm contact an attomey in yoor ~....a. The local bar aJ5ociatioo may be able to help yon find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE StlMA IMrORTANCIA, rUES AFECTA SU DERECHO A CONTINUAR VWIENDO EN SU CASA. SINO CO~D"RENDE EL CONTENIDO DE ESTA NOTIFICACIONOBTENGA UNA TRADUCCTON IMMEDIATAMl!.NTE LLAMANDO ESTA "GENCIA (PENNSYLVANIA ROUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, rUEDES SER ELEGDI.E PARA UN PRESTAMO POR EL PROGRAMALLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" BI, CUAL rUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECJlO A REDlMIR SU HIPOTECA HOMEOWNER'S NAME(S}: l"ROl'l1.RTY ADDRESS: DAVID A. DANIEL 2 H'ONTE:R LN C1\KP H:1:LL, PA 17011 LOAN ACCT. NO.: ORIGINAl. U;NDER: CURRENT I.ENDERlSERVlCER: 306457508 N/A G~C Mortqa<;le EXHIBIT A . .00 lEi ;)Vl'l:J ~H9 6C. CHQ. L~:9l 661Z0/ll .." ""," -- ~"""""'- OMAC Mortgage Corporallon P.O. Box 85071 San Diego, CA 92'86-5071 3451.Hammond Ave P.O. eox 780 Waterloo, IA 50704,0780 Servicing ~~ Dare: Sep~ember 23, l~~~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thb 's an alii -ala-CD at the Specific information about e on our ha!DC is lD deCanl a d e oer intends to foreclose. e natare 0 the clefatllt is urovided in the attached UIl2CS. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (RFMAl') may be able to heln to saYD your home. This Notice ""Illains how the provam worb. To see if BEMAP can ~'ljfu mus: lUEE~ ""m A CONSmmRCR11.I)lT COUNSEI.J!\IG AGENCY WITHIN 3~ DAVS OF mE DATE OF THIS NOTICE. Tab this Nolice with vou when ou meet with tile COlDlselin.. A..cnc.y. The name. addre.. and phone namber erConsumer Credit Co nn.eHnp Apenc/e. semn.. vour Countv are lUted at the end oHMs Notlee.lhouhavc lID\' "notions. y'!!1I may caD the PeUlIYlva..i;LjJOllsi':t! Finance AlIeney ton free at 1.800.342-2397. C1'..-sons with imnain:d h....inr can eaII (717) 780.18 9). This Notice contains impertant legal infol'lllatlon. UfoU have any questions, repreoellb1tlYes at the Consumer Credit Ca..nstlillg Agency may be abl. tv help e"plain it. Vou may al.o want In eantaet an att1!l'Iley in your area. The 100111 bar asso.iation may be ahl. to help 10U "md a lawyer. LA NOTlFICAClON EN ADJIJNTO E.S DE StIMA IMPORT ANCTA, :pms AFECTA SU DERECBO A CONTlNlTAR VIVIENDO EN SV CASA. SI NO COMPRENDE EL CONTENIDO m: ESl'A NOTIFICACION OBTENGA 'UNA TRADUCClONlMMEDlATAMENTE I.LAMANDO ESTA AGENCIA (l'ENNSYLV ANIA HOUSING FINANCE AGENCY) SIN CARGOS ALNUMERO MENCIONADO ARRIBA.l'lJEDES SER ELEGlBLE PARA UN PREST AMO POR 11.t. PltOGRAMA LLAMADO "nOl\ttoWNER'SEMERGENCY MORTGAGE ASSISTANCE PROGRAM" F..L CUAL :PUEDt SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPO'I'ECA HOMEOWNER.'S NAME(S): PROPERTY ADDRESS: CHARLENE R. DANIZL 213 LOUIS IoN ENOLA, PA 17025-2142 LOAN ACCT. NO.: ORIGINAL LENDER: CtJRRENT LENDERlSERVlCER: 306457508 N/A (;M1\C MOl,'tqaqe e,xH\Blf A .- HoiEl ;)~::l ~jI"f9 sa C1Z&/' lIo:n ss/zo/u ~ ~ < ".. >~'. "" """' "" ,,~"''''"'''''' " "''--'''''i',' GMAC Morlgage Cor....rallon P.O. Box as07f San Diego, CA 92166-5071 3451 Hammond Ave P.O. 80% 760 Waterloo, IA 50704-0780 Servicing GMAC Mortgage Da~: September 23, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an oflioial notice that the mortp\!e on voar home Is 10 d1eFault..and th.lead.r Intends to Foredose. SDeeilie information about the nature ofllie deFaalt is Drovided in the attaChed pnec.. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAYI Olav be able to helD to Sllve vnor home. This Notiee exola.in. how the DrBl!l'llm 'WOrks. To .e. iFRF:ltIAP ean helD. vou mast MEET WITH A CONSUMER. CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIlE DATE OF nus NOTICE. Take this Nodee with vou wben ,,00 meet with the Co.oseM" AlJ'ney. The name. ..ddn:.. and obone nnmber of Consamer Credit Coon.elin.. A",neies semn!! "our Contv an listed at the end ohllis Nodoe. <<"ollla". an" Qoe.tion Oil RIa call the Ivania ROllsln Finance A2ono" ton free atl-lUI0-34Z-23117. (Person. with (,"..aired beann!! can ea (717) 780-18691. Thb Node. conlains ImportantIegal inFormation. If roo have any qaestions, r.pn:..ntatives at the Consallll!r Credit Counseling Agency may be able (0 help .xplain it. Yon may alse want 10 contact an attorney In yoor area. The local bar association may be able 1'0 hclp yoo find a lawyer. LA NOT1FlCAClON EN AD,) UNTO ES DE S1lJ\oIA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAll \I1VlENDO EN SU CASA. SI NO COMPRENDE F:L CONTENIDO DE ESTA NOT1FlCACION OBTENGA llNA TRADUCCION IMMEnIATAMENTE LLAMANDO ESTA AGENClA (PENNS'YI'v ANIA ROUSING ~'INANCE AGENCY) SIN CARGOS AL NUMERO l\IENClONADO ARRIBA. :rlfflDES SERELEGlBLE PARA UN PRESTAl\fO :rOR EL PKOGHAMA LLAMADO aHOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA :rERDIDA DEL DEREC:S:O A REDIJ\oIIR SlJ mPOTECA nOMEOWNER'S NAME(S), PROPEllTY ADDRESS: CHARLENE R. DANI~L 2 HUNTER LN CAM~ EILL, PA 17011 LOAN ACCT. NO.: OlUGINAL LENDER: CURRENT LENDERlSERVlCER, 30645750B NIA GMAC Morcqa",e EXHIBIT A . Z101Ei ::JVJ1l:> SH9 6C1: cnS 1:0:., 66/1:0/" ... ..... .........,...,,"'~"I i - DOMEO'WN:ER'S EM:ERG:ENCY MORTGAGE ASSISTANCE J'ROGRAM yOU MAV JlE EUGlBI"E FOR FINANCIAL ASSISTANCE WBlCD CAN SAVE yOUR BOME FROM FORECLOSURE AND DEI"P YOU ~IAKE F'UTllllE l'4.0R~GE PAYMF..NT5: IF YOU COMPLY 'WITJI THE rROVl~10NS OF THE DOMEOWN:ER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE I, ACT"), YOU MAY BE EUGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT BAS BEEN CAUSED lJy CIRCUMSTANC:ES VOUR CONTROL, IF YOU JIA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER JU.IGllIILI1Y l\EQllIREl'aNTS ESTABIJSHED BY TaE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPOaA!lY STAY OF FORECLOSURE - Q'ndc-.:the Act, you _ entiUed to a le10p0r.uy stay offozccloMe on your mortgage for thirty (30) days from the date of this Notic:c. During that time you 1IIust ammge lIlId attend a "face-to-face" meeting with one ,of the c:onllllJl1erCl'!ldit counseling agoncieslisted at the: end of this Nodce. ~ MEETING MUST OCCUR WIT THEN 30 AYS.lFYO DO OTAPl'LYF REMERG" COY M GAC'lliASSISTANCE YOU STURIN, ot1RMO 'AGEUPlODA .nInPART FTHI NOT! CAI.LED" OW CU YO 0 TGAClEDEP ULT". EXPLAINS HOW TO BRING YOUR MORTGAGE Ul' TO DATE. CONSUMER ClIJ<DIT COUNSEUNG AGENCIES _!fyou meet with one of the consuinerCIlOdit col1lllleling agencies listed at the end of this notice, thelendennay NOT take aL1:ion against you for thirty (30) days after the date of this meeting.The name addn:sses tel hn e munbers of desi ted con nne Clewt COt . a"eneies for the county ill which the nroDerl\.' is located arc set fo:rth at the end of this Nolice. t is only ""cessaty to schedule on. faee-to-fae. meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCl!: -- Yom mortgage is in dcf:ndt for the n:a",ns set forth later in this Notice (see following pnlY's for specifIC infoDIlation about the nabue of your default) !f you have tried and an; unable to :resnlve this problem with th. lender, you have the right to apply for financial assistance ftom the Homeow"ers ~ency Mortgage Assist:m<:e Propm. To do so, you must fill out, sign and file a IlOmpleted HomcoMler. Eme'1lency Assistan~e Progmm Apphcation with one of the desig1laled consu111er m:dit counseling agencies listed at the .nel of this Notice. Only consumer ctedit counseling agencies have applications for the plOgr.1m and they will assist you in submitting a complete application to the PellllSylvania. Housing Filion.., Agency. Your ePl'lication MUST be filed or pomnarlc:ed within thirty (30) days of you face-to.face meeting. YOU MUST l"lLE YOUR APPUCA110N PROMPTJ"Y. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHF.R TIME PERIODS SET FORTH IN TmS UTI'ER. FORECLOSURE MAY PROCEED AGAINST YOUR DOME IMMEDIATELY AND YOUll APPLICATION FOR MORTGAGE ASSIST ANeE Wll.L BE DENIED. AGENCY ACTION -- Available fUnds for.morgen.y mortgage assistance axe vety limited. They will be disbursed by ~le A~enoy u:nder the: eli~b!lity L"Iite~a est'.'bIished by th~ A~. The P~IIIIsylva,nia Housing Finance Agell".Y has sixty (60) days to make e deCl..on after It n:~C1ve.s yourap'phcation. During tIlal time, 110 forccioSll!'" ptO~eedmgs will be pursued against you if you have met the bme rcqulxements set JOlth ahnw. Y 0\1 WIll be notified dnecUy by the l'elUlsylvania HOltsing Finance AgeJlcy of its decision on your application. EXHIBIT A ~OQI'6 JVW~ 9U9 6~;: ~H,g. 89:9T 66/;:0/TT <^_^'~, ,.JU -- NOTE: IF YOU ARE ClllUtF.NTLY PROTECTED By THE :FILING OF A PEnnON IN BANkRUJ'TcY THE FOLLOWING PAllT OF TRIS NOTICE IS FORINFOllMATION PURPOSES ONLY AND ' SHOULD NOT BE CONSIDERED AS AN ATtEMPT TO COLLECT THE DEBT. (If YOIl have liled hankrupmy YOll can still apply for Eme~ency Mortgage Asdstance.) ROW TO CURE YOUR MORTGAGF. DEFAULT lBrinl! ib.., to date). NATURE OF THE DEFAULT .. The MORTGAGE debrheld by !be above lender is on your pmpeny Io~"lJ1:ed at; 2 Huncer l:.n Camp Rill, PA 17011 IS SERIOUSLY IN DEFAULT becdu,,,: YOll HAVE NOT MADE MONrnL Y MORTOAGF. PAYMENTS for the following months ond thc following amounts are now past due; April 1, 1999 t.hrough september 1, 1999. See attaehod Exhibit for payment. br..akdown. MonlJlly Payments 5, 020 . 68 Late ChaMe. 194.70 NSF ~ 0.00 I7dp.~wns 7.25 Otlier Suspense 0 . 00 TOTAL AMOUNT UST DUE: 5,222.63 B. YOU HAvEFAlLED TO TAKE 11lEFOLLOWING ACTION ma notu.'\e unot apnlicabl.): BOW TO CURE TBE DEFAULT - You may CIlIll the defalllt withDJ lHIR'IY (30) DAYS of the dale ofthi. norice BY PAY.lNG THE TOTAL AMOllNTPASTDUE TO TlIE LENDER, WHICH IS $ S, 222 . 63 , l'LUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOMIl DUE DURING TIlE THIR.1Y (30) VA Y PERIOD. PaynIents must be made eIDler bv cash. tawi.... check. certified cheok or money aIder made oavable and sent to: GMAC Mortqaqa Coxporatcion ATTN. paymen~ Prooes~ing P.O. Box 780 Wacerlco, IA 50704-0780 Y 011 can CUXl' any olJ]er default by taking the followil1g action within nIIRTY (30) DAYS oHhe d.llle of Ibi. letter; (Do nol use: iinot Q""licahle.) Not Applicable IF YOU DO NOT CURE THE DEF AtlLT .-lfyou do nol ~~ the dellllllr within lHIR'IY (30) DAYS oftha date nftlUs Notiee, the lend -ntend.to erdse its ri ts to e.elerate t e ort a e d t. This means that the entire outstonding bAlanee ofthis debt will b. c:onlliden:d . immedia~ly II.n YO\llhay OSC the chalICe 10 pay the mortgage in monthly installments. Iffull payment ofilie total amollnt paRt due is not made within TIllR TV (30) DAYS, the lender also intends to in.but:! its attorneys 10 lItlIt le~al a~tion 10 [orcelo"" IIDOn vour mortl!:ll!ed Drol'ertv . THF.I'IlORTGAG IS ,0 EC OSED .. The mortgaged pmperty will be sold by the Sheriff to payoff the mortgage debt. lfth. ender Jefels' YOlll' case tD its attorneys" but you = the delinquency befoJe the lcnder begins lCJaI proceeding. against YOll, YOll will still be n:quin:d to pay the n:asonable alLomey's fees thaI were aotually mC'L_d, lip to $50 .00. Ho~er, if\egal pIOceedings ~ sbuted against against you, you will have, to pay all Jeasonable altomeys fees actually incurnld by the lend"" even if they .x.eed $50_00. Azry altom.y. fees will be added 10 the llIIlO\lIlt you "we the lender, whi<;h may also include other l1'a.!Ionable costs. If yoo ellre the lI.raolt within the TlIIRTY (30\ DAYS Dedod. "on ,..;u 1I0t b. requirlld to Dav a!tornev's re.s. EXHIBIT A tOO lEI ;)~ 5H9 6CZ nz.G 85:9! 66IZ0/!! " ""Ill!! -- OTHER LENDER REMF.tlIES .. The lender may also sue you pezsonally for the unpaid prineipal balance and. aU other SlIntS ,hIe ,mderthe mortgage. llIGHT TO CURE THE ~EFAllLT )>RIOR TO SHERIFF'S SAI.E '_ Hyou have not QUJ<;d the default within the TIIIR'IY (30) OA Y pe~d and jbreclOS\1J\lI :pII>ceedines ha~e begun, Vall still have the right to <:\lie Ibc dofuult and tmOvent the sale at llIlV time Ull to on. hour ""fa", the Sherlft's Sale. You mav do &0 bv lll1vim! the total amount then nast dlle. olliS :my late or other chames then dl,ec lC.""""bl. altomcv's fee. and c:oots ca~~~ the foreclo"!'l" ...Ie and any ot!'or ooSts ~nnocled willi the Sherl}Ps Sale as mecffied in writimr bv the lender and hv ezfa atbe:rllO ents II.,. the . ClImtl!yoardefualtia the maua"r setforth ia lfIis Dotiee ",.tore yoar mort!:n!:" to the !lUIl" po donas iCyoa had aever dor"lIIted, EARLIEST I'OSl!.llU E SHERIFF'S SALE DATE It is .stimated that the amiasf dale Ibat :!Uch a Sherifl's Sale of the mortgaged property could be heIl1 would be apPl\I,,;matdy IIis (6) months from the date oCdd. Notice. A notioe of the actual date of the Sh.rifi's Sale will be senlto YOlI befoze thc ...Ie. Of<<>urse, the amount needed to cllre the default will increase lb. longer you wait. You may find out at any lime exa<:lly wbat the requin:d payment or 'lotion will be by onntocting the lender. 1I0W TO CONTACT THE I.ENDER: CMAC Morcqa.qe Corpora cion 401 West 24th Street ~ational cicy, CA 91950 (BOO) 850.4622 (H9) 470-55'19 colleotion Depar~menC EFFECT OF SHERIFF'S SALE _. You shO\t!d !:lOW. tllll( il ShGIifl'. Sale will end your OWllC1:shij> of the mortgaged pmperty and your right to ocoupy it. If YO)I continue to live in the property after the SheriJI' > Sale. il lawsulllo nmIove you and your furnishings and other belongings could be started by the londer;ll any lime. ASSUMPTION OF MORTGAGE - You /IIay or may Dot sell or tran.fcryollr home to a buyer or tmnsfe..e who will assume the mo'/tgaee debt, pmvided that all the Ol\\$hUlding payments, ohmgea and attorney's fees and collI. an; paid prior to or at the salc and that the other ~ments of the mortgage"", satisfied. YOU MAY AI.80HAVF.THElUGHT, TO SELL TIlE PROPERlY TO OBTAIN MONEY TO PAY OFF TIiE MORtGAGE DEBT OR TO BORROW MONEY FROM ANOTI-lER LElIlDlNG INSmON TO PAY OFF 1HIS ORIn. TO HA VB TIllS Dr.F AUL T CURET> BY ANY THIRD P AR1Y ACTING ON YOUR BEHALF. TO llA VE TIiE MORTGAGE RESTORED TO TIlE SAME POSITION AS 11' NO DEFAULT HAD OCCURR.!"-.n, ll' YOU CURE 1HE OFF AULT. (HOWEVER, YOU DO NOTlIA VI! nus RIGHT TO CURE YOUR DFF AULT MORE 1HAN 1HR:EF. TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIIP. NONEXISTENCE OF ^ DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT lNS1TTUTEO UNDER TIlF.. MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY mE LENDER. TO SEEK PROn:CTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSY.I.ING AGENCrF,S S'F.RVlNG YOUR COUNTY IS ENCI,OSED 'f-)(H\B\i J.\ :)VN5 sV!g 6CZ cnS 6S:9, 66/60;-(1 ..... ... ".. ~oo~ "' .~ < '" Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assis;;'nce Program Consumer Credit Counseling Agencies (Rev. 5/99) LCjl'CCll1ing-ClintDn C"unti/!$ ommission :Oar C . 2138 wncoil> Stree "==ty .-\ction (STEP) P. O. Box 1328 - t Willinmspon: p' 1--03 (5-0) ...~" . 326-0587 FA..1: (570) 322.2197 CCCS ofNo.....heastern P"- 201 Basin Street . W"tlliamo (5-0) pon:, PA 17703 I 323-6627 FA.1: (570) 323-8626 CI.IN'1'ON COUN"l'Y CCCS of Northeastern P,,- 1631 S AthertOn St . Suite 100 St:l.te College, PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUl'o'TY CCCS of Northeastern Pennsvlvania 1400 Abington E.'tec".ltive Park Suite 1 Clar!<s Summitt PA 18411 (570) 587-9163 or (8001 922-9537 FAX (570) 587-913419135 31 W. Market Street POB 1127 W"ill<es-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 F......1: (570) 821.1785 Commissiol1 on Economics Opportunity of Lw:erne Count'f 163 Amber Lane W"ill<es-Bane, P." 18702 (570) 826-0510 or (800) 822-0359 FAX (5701 829-1665-CALL BEFORE FA.1:ING (570) 455-4994 HAZELTON F......1: (570) 455-5631~ALL BEFORE F......1:ING (570) 836-4090 TUNKH.....""NOCK Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 FA.1: (814) 453-5749 John F. K..nnedy Center, Inc. 2021 East 20th St:eet . Erie, PA 16510 (814) 898-0400 FAX (814) 898.1243 CCCS of We.tern PeIll1Svlvania, Inc. 2000 LinglestDWO Road' Harrisburg, PA 17102 (717) 541.1757 Urban League of ~let:ropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234.5925 F......1: (717) 234.9459 Community .>,c:ion Comm of the Capital R<!gion 1514 Den-.- Street Harrisburi, PA 17104 (717) 232.9757 F......"{(717) 234-2227 CRAWFORD COUNTY G~ater Erie Communit'f Ac:ion Commi1:"..ee 18 West 9th Street Erie, PA 16501 (814) 459-4581 F.~(814)456-0161 Shenango Valley Urban League. Inc 601 Indiana Avenue Fanell. PA 16121 (412) 961-5310 CUMBE:Rl..A..'ID COUNTY Finandal Counseling Serrices of Fr=klin 31 West 3ni Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243.3818 FA."{(717) 731-9589 Adams County Housing Authorit"f 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 F......"{ (717) 334-8325 EXHJBJTA PENNSYl.VANIA BUUEnN, VOl.. 29, NO. 2:l, J\JNE 5, 1999 . .. ....".---~, '-~ '\ ,.- ALL TlD\.~ CERTAIN tract. of ~and. .located .in East. Penn$boro Township, Cumberland County. Pennsylvan~a. bounded and described &s follows, Co wit! aEGINNZN~ at a point on the easeern aide of Hunter Lane at the nort~ern line of Lot No. ~4 ~lock G on the ,plan of lots he~~~nafter n'lent:.,].one~. thenc~ a.long th.e eastern .ai.de of Hu.nter Lane north ~~enty-e+ght degrees forty-five minutes west" eighty-seven and .e~gh~y-e~ght one-hundreaths ~eet IN. 28045' W. 87.28') to a point; " thence on a curve to the r~ght having a rad~us of cwenty-f.ive feet (25'). an arc lenght of thirty-six and twenty-two one-hundredth~ feet {3G.22) co a point on the aouthern side of Poplar C~urch Road; thence alQns che southern s~de of Poplar.Churoh Road ncxth f~fty.- fOl,J,r degrees sixteen minu'tee east. e:ighty-seven and eighty-eight: ona- h.undredt.hs feet (N. 54 0 ~G," E. e 7. a B' } .. ._.t:;9 ,a point on the western l.ine 01: ~a.nd of'lcnaMee A. Holmes; thence a~on9 the western l.i.ne of, said l'and sO\lth t:h.i.rty-f:lve degree-S' forty-four nrlnutes east one hund~ed ewency-~our and ~W$nty-n~ne one-hu~dr~dth$ feet (s. 3S~ 44' E. :1.24.29') eo a point on the northern ~;.,ne"o:f Lot No. ".1.4 B~ook Gl thence along t:.he northern loins of Lot No. . ~4 'aiock G south sixcy-one degrees fifteen minutes west one, hundred twenty~four ~nd twenty-nine one-hundreqt:-hs feet (S. 6J.C>' :1.5' 14_ 1.24.29') to the Place to the plaoe of BZG%NNING~ BE~Ng Lot No. ~ Blo~k G, on the P1an known as LONG MEADOWS PLAN NO.1 recorded in CUmberland County in ~lan Book 6, Page 23. HAVING ~ON 2RECTEP a one-story frame dwelling house. BE~NG the same premises wh~ch Char1es A. Holmes and-B~5si~'Guy Holmes, his w.i.fe, by their dee~ dated Sept'ember ,30, ..:,,:1:954~... ana recorded in the Office of the Recorder of Deeds' 1n'and'for:eum~Q~~~nd County in Deed Book "A, II Vo1. 1.6', l?age ~So ~ granted, Br,id'.:ocnv:eye4 unto J. Dona~d Moyer and Emily K_ Moyer,.' ,his wife_ ~aia.. U,"~'.".Donald Moyer predeoeased his wife, Emi~y K. Moyer, whereby Rm1!y.K. Moyer became the .$ol.e owner of the premises. by operae.ion of law.. TOGETHER w~~h a~l and sLngu~ar the bui.~dings, imprQvem~nts, ways. wat.ers, water-courseS, dr~V'eway~, r~gbts. liberties, hered~caments and appurtenanoes whatsoever thereunto' he~Qng~ng or ~n any wise appertainingj and the raversi9ns and ~emQinders, renee, iS5'ues and profits l:he:r:eof; and a1.1. the estate. right, tit1e, interest, property, ela~m and demand ~h~tsoever ~f the said Graneor, in ~aw, equiey, or ocherwise howsoeve., of, ~n, and ~o ~he same and every part ~hareof. oro HAVE AND '%'0 ,a:OLD the said J,.ct. or p'iece of :land abo.....e desori.bed wi.th the bui~d:ings an!j, :improvements thereon e'rect:ed. hereditamen~s and premise$ hereby granted, or mencioned and in~ended so to be. w~t.h ~he appurtenances, un~o the said Grantees, their heirs and assigns to and for the only ,proper use and behoof of the said Grantees, their heirs and assi.gns forever. AND the ;3aiCl Grantor. for ,:i.t.sie~f; ,an~.,:i;-Qr ",:Lts rel;Opeeei:ve successors and ,assigns, 40ee covenant. prom~B~:,;and"agr~e, to and wi.t:.h the sai.d Gra.nt:ees. their heirs and aas,igns:,', J'y ,t:l:?:-es!e presents/ tnat t:he sai.d Grantor, has not -done., C:::<:ITtJ.m:i.ct.ed~' or krio'",ingly or 'wi21j,.n9'~Y suffered to be done or comm.:i.!:ced~ .:,'a:rty act, matter or thing whatsoever whereby the premises herahy:gr~nted. or any part:. PREMISES: 2 HUNTER LANE ~. r. , ~ ! t I ; I I ,'t _" e _ .,. , . VERIFICATION SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. DATE: k1~DD ,- =.,,-~ ........ ,''to SHERIFF'S RETURN - REGULAR CASE NO: 2000-00233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP VS DANIEL DAVID A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DANIEL DAVID A the DEFENDANT , at 0017:15 HOURS, on the 18th day of January 2000 at 213 LOUIS LANE ENOLA, PA 17025 by handing to DAVID A. DANIEL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ;;~~~ 18.00 9.92 .00 10.00 .00 37.92 R. Thomas Kline 01/19/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: fl~~~? Deputy Sheriff me this ;l~ day of j,d...w, "{ rJ.ew-v Cffl a < proth~ A.D. /t.4q ,'-"~- ...~ -- ,. SHERIFF'S RETURN - REGULAR CASE NO: 2000-00233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP VS DANIEL DAVID A ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DANIEL CHARLENE R the DEFENDANT , at 0017:17 HOURS, on the 18th day of January 2000 at 80 WINTER LANE ENOLA, PA 17025 by handing to CHARLENE DANIEL a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: rfJ?~-~~~ R. Thomas Kline 01/19/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: /'?~~~ Deputy Sheriff me this ;&,.-0 day of J~ /0-v<.7 A.D. (i~~Q.~ ~ Prothonotary , _,n___"_ - -,-, *~ .. FEDERMAN AND PHELAN By: FRANKFEDE~ Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff : Cumberland COUNTY GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo, IA 50704-0780 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. David A. Daniel 213 Louis Lane Enola, P A 17025 Charlene R. Daniel 80 Winter Lane Enola, P A 17025 : NO. 2000-233 CIVIL 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 David A. Daniel and Charlene R. Daniel, 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 9/1/99 to 2/21/00 $93,388.14 $3.281.64 $96,669.78 TOTAL I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rille 237.1, copy attached. ~ /l/UYlk 1~~#'V FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: rd..d. 07.;). ~ /~/~' ~~ PRO P OTHY/A **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~"..:..k 1._ ..............'~~~'iliiiii ~ ,~ U"iiliat;m\iitNil:l~i'~_..;,;~"""';:;'-& . o ~; ~ID (jJ ~"- ~2; ~~ :;:1 - t~ ,=! ..." .~ ::d {.;? " :;~ ~-"~f i~g , ; :j ~:;) -~'J _L:' ~~-~ ~~ u =-i _/::.;.- :n -< "'0 r--..:. :;::-" C0 ['oj ": _lIIIiIiII , 'f~iII!l<i-," 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 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID A. DANIEL CHARLENE R. DANIEL NO. 2000-233 CIVIL Defendant(s) TO: DAVID A. DANIEL 213 LOUIS LANE ENOLA, PA 17025 DATE OF NOTICE: FEBRUARY 8. 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, P A 17013 (717) 249.3166 FILE COPy Frank Federman, Esquire Attorney for Plaintiff - , ~, - . "-. . " ~ -.. ~ 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 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID A. DANIEL CHARLENE R. DANIEL NQ. 2000-233 CIVIL Defendant TO: CHARLENE R. DANIEL 80 WINTER LANE ENOLA, PA 17025 DATE OF NOTICE: FEBRUARY 8. 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 PROEPRTY. 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 y00 act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FILE COpy Frank Federman, Esquire Attorney for Plaintiff .O.__~""'_ 1-_, . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation : Cumberland COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION David A. Daniel Charleue R. Daniel : NO. 2000-233 CIVIL Defendant(s) 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 David A. Daniel is over 18 years of age and resides at 213 Louis Lane, Enola, P A 17025. ( c) that defendant Charlene R. Daniel is over 18 years of age, and resides at 80 Winter Lane, Enola, P A 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -:;-./UMIio 1-4/_,h/VVn//M .- FRANK FEDERMAN Attorney for Plaintiff -- . , ,"",,~,) . (Rule of Civil Procedure No. 236 - Revised) GMAC Mortgage Corporation : Cumberland COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION David A. Daniel Charlene R. Daniel : NO. 2000-233 CIVIL Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on February.:2;;) ,2000. By tJM~ --eJ4y/ ~/R""" If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUlRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA PA 19102 (215) 563-7000 **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIIlAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** .... ..:.111" "=1 -lIi!11liiii'~""'~...J.","""""-<~ "~'liiillil.il~~Jii",1'-"- - ~ "'_ ,- " . .'do, " . 0 0 () ~ C-.: 0 -,'1 l, ..." ._-" ~ ~ -OU., iT! nl r~-~ CO - ~ ~~? N ;","1 :b. , ,~:;I f'0 \ -.......-.. () ~' ~ ~..:C.> ::::; :-0 ~ ~ ~ "1> r-. ,-) ~t:~ ~_J rn ~ ~ L_ ~~~~ ~ ~ Z :.J :,:.J ~ --, .< fv -< . "~,~- - " -.:; . " j~. .' I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC Mortgage Corporation Plaintiff, Cnmberland v. No. 2000-233 Civil David A. Daniel Charlene R. Daniel Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96.669.78 Interest from 2/21/00 to 6/7/00 $1.684.34 and Costs (per diem - $15.89) $ 98.354.12 TOTAL PU4.A hJ-- FRANK FEDERMAN, ESQUIRE TWO PENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property, No. d~IIItI-k,;,""""""lIlW!.<itIll'IIolllk~'IlIl!~~~~,,_~,'~l!i,lIEfl'>'-~' '.-,'= " ~,... . t":l_ .." "= dZ :P- ~, ~ is:,,,, 0.- ro CC= 0.- p.. ~ l'"I C'l l'"Il'"I '" ~'" t":l is: F:t":l ~ '" - .--"= :P- ~g if t"iNt:I ~ is:l'"I t":l t":l @ = - ~ c ""I =-t:I is: t:I~ "" c .... < :4.0 t":l"" '" ." - ~.... 0 IJQ~ ej ~ '" ~ ,g ,p Q Q.. 8 .. 00 ~ - ~. ... '" ,,==:P- '" ~~ ~ 0.. IJQ ~~ ~ '< ~ - '" :p- tn. t:l 8' ""Iz= " :p- < IJQ 'D S _t:l~ ~" '!' " ""0 'D ~ ::; "" "t:I t":l 'D ~ -l ::!. == "= ~-< is: = < .... SJ ~ 0 t:I~ '" :P- O'" N~~ 0""1 = e. .. ''=is: ~ '" !Jl ~. = " 'C '" g = tol ~. - '" tolo ~. " .. Zz '" ~ .. X - ~ ~ z,,= < ~tol ... 8.- ~. t":l c [JJt"" d = tstol "" <:p- - ~~ 0 toloot":l Z =o=- :p-""I '" ~ ~ - .. ~ ....- . = " "="'= :p- ~ " _t""?O -..l~t:I o = ~ N" = !Jl ~. " - ~;J .1f , \ ~ - ~ ALL THAT CERTAIN tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wi t : BEGINNING at a point on the eastern side of Hunter Lane at the northern line of Lot No. 14 Block G on the plan of lots hereinafter mentioned; thence along the eastern side of Hunter Lane north twenty-eight degrees forty-five minutes west eighty-seven and eighty-eight one-hundredths feet (N. 280 45' W. 87.88') to a point; thence on a cu-~e to the right having a radius of twenty-five feet (25'), an arc lenght of thirty-six and twenty-two one-hundredths feet (36.22) to a point on the southern side of Poplar Church Road; thence along the southern side of Poplar Church Road north fifty- four degrees sixteen minutes east eighty-seven and eighty-eight one-hundredths feet {N. 540 16' E. 87.88'} to a point on the western line of land ot'tha'!1.es A. Holmes; thence along the western line of said land-south thirty-five degrees forty-four minutes east one hundred twenty-four and twenty-nine one-hundredths feet (S. 350 44' E. 124.29') to a point on the northern line of Lot No. 14 Block G; thence along the northern line of Lot No. 14 Block G south sixty-one degrees fifteen minutes west one hundred twenty-four and twenty-nine one-hundredths feet (S. 61015' W. 124.29') to the Place to the place of BEGINNING. BEING Lot No. 1 Block G, on the Plan known as LONG MEADOWS PLAN NO.1 recorded in Cumberland County in Plan Book 6, Page 23. HAVING THEREON ERECTED a one-story frame dwelling house. BEING the same premises which Charles A. Holmes and Bessie Guy Holmes, his wife, by their deed dated September 30, 1954, and recorded in the Office of the Recorder of Deeds in and for Cu~~~tand County in Deed Book "A," Vol. 16, Page 150, granted and conveyed unto J. Donald Moyer and Emily K. Moyer, his wife. Said J. Donald Moyer predeceased his wife, Emily K. Moyer, whereby Emily K. Moyer became the sole owner of the premises by operation of law. .,'t'~>;" " ' ..., ~ ~ ~ " ~1 <>- '" ::J' ~' ~ , ~"' . ~. J~ ~ 1 ~ \~. ~ fi ")" \,-,....... <'t .... Ia >- a) ~ ~ tr. w2 N =:l o~ Oc :ll: o~ Fr' .1~2= a... r) .- 0:::; "fO r- ::2;>- on:' 50) wo_ I -2 u::!~:. rx: ctz - LUW ,-- ::a:: mo.. b.... 0 ~ (U. =:l 0 Q ,... ~~ " ~ ~ " \'I) ~ "li l'~ t)~ ~.,.. "-'i': -'~L';:;~!FF r_F-u'c- ,.,.. l' , 0t\~ ',_.. I) t-.,.-__. .j. . -. ':;-; G\_l:' tinR B 4 02 PM '00 -:.' ,- ~,' ",: ~:, -,- f t. I" I; -,- "\/ ~~}~ \ i\ ~ _~!ffm~~"", W~'~''''''!~'! ' _ "J!I!Jl,_,~_ . >., III!!!"! ~--- . I --" .IiIiiilIlIiIIl~'-, I ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Plaintiff CIVIL DIVISION vs. No. 2000-233 CIVIL DAVID A. DANIEL CHARLENE R. DANIEL Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA S8: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for GMAC MORTGAGE CORPORATION, hereby verify that on MARCH 16,2000, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on MARCH 16,2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. E Date: April 28. 2000 --~ ( ^, i-ci n - o ~ ;:z .,0 " 3 o or 0.0 or- '< 0 "'~ " Q. ~ 1;'-; n" o ~ ~'z 0.0 ~ 3 -or ",,0 o - ~Q., 0"" 51 i'D' n ~ o ~ , "'"" 3 g '0- ~~ o ~ ~~& "" ~ z 3 o o ~ 1;' g ~ '" "'" :r ~ 00 i:>1 - v. - w ;:::; - - '" 00 .,. o ~ .. ~ ~ j;j ~ ~ to. -.J I Q', ("l-O >"'0 :=2:.0 t"'0'" _:=l'l "'",'" t"'_'" l'l"'- ;==("l >>:= _2l'l -.JOt'" 0-<:> ;:~..., :=0 ~,~ :>00 l'l"l ~("l C 3: = l'l 12 > ~ ("l g 2 '" -< -----=:J ~~~. ~_-""'"'.<F<--z:,,~ll'~~. ",",,?-OEL'<:>~~ f;. \\.<iJ~'i.\~t,t t :! ,-Sf-~~-. ,_~ ,\~~ \ ' 00 ;> ';.b~,-it:: \ .\lJ G ::. ~> \ 'C:;;~",'~ \ " _ . / ,_'0' ~ ---- .--__J?_~V t.00'~).)''''-- -- ... - ' """::~?.. '.... - I I I I I v. " .,. ("l ..", c == l'l 3: c 2 = 2 > l'l '" 2 := l'l '" t::=O 2 t: ("l o _("l . ~ C "" l'l "" > > _ Z -.J '" o - ... w '" I ("l '" C'l z >i5:= ~ 3: ... l'l ~ "" == l'l 0 == > Z ;: _,,-3 ~ F ~~ ~ ~ '=' trj Jt > E: ("l )II """" ~O Cil S'='~~: _" ~ ::::I < 3: ~ ~~ ~ - := 0 ~ 0 Eli - - g ;;j 1!l ~ _ 0 @ w ~ ~ "2 '" ("l o 3: "" > 2 -< I ,.O,::! r- 3' o ~>2 ","'0> " ... 3 = ~ I'D ~~~ "'< " ... ?; 0' ". Z o 3 or ~ l """'.., :.:l!~ ;-00 li'~tzj -":= "g.S3: j;' ("l > " 2 ~;.r<o -"'<.... ::;:!2== 0" l'l ..Nt'" J' > "'2 ~ " '" o o "" g ,ffl o ." g " '. hll "J.- .... r-'-'---~---~~----------~----- , , -D I"- <0 n.J' fT1 ru POSTAGE POSTMARK OR DATE RETURN 1 RESTR1CTEDDEUVERY RECEIPT j CERTIFieD FEE -;- RETURN RECEIPT SERVICE TOTAL POSTAGE AND FEES <:;: 7:-. SENT TO: NO INSURANCE COVERAGE PROVIDED NOT FO~_~~~~T~rt~~NAL MAIL Cfu\RLlWE " !lAIn;;:l. .<. ao WL>:;Tl:ii LA.;'U, ENOU.. P,A 17025 OMK , f'- a- i2 if o ~ ~ Z LU ... o 0. i2 i;; a " > , > CL PS FORM 3800 US Postal Service Receipt for Certified Mail ---- - -'- ------:.,_.,-""-...:.." --.-.....-..-.:...."'---... --""- - -------'----<-.- 1-'--- --------- --_--_-,---,---_- , , i2 w 0. o Ul u1crj ~ ~~ <0 ... , ru fT1 ru POSTAGE POSTMARK OR DATE RETURN ; RESTRICTED DELIVERY RECEJPT CERTIFIED FEE + RETURN RECEIPT , SERVICE TOTAL POSTAGE AND FEES <>7') SENT TO: NO INSURANCE COVERAGE ROVIDED NOT FORs1~lT~rRA1J,~JllAL MAIL .' 0 " , ~"_u.,. " J1AVln A. DA..'URI, 113 "LOUrS LANE !!NOl.A., FA 1.1025 0 fVlK ~ f'- Ir CL PS FORM 3800 US Postal Service Receipt for Certified Mail SENDER: ~,., . Chec~ box at (i9b,t if you require Restricted Delivery. . Print your name and address on the reverse of this form so that we can,re~urn this card to you. . Attach this form !n, the front of the mailpiece, or on the back if space does not permit. . The Retum Receipt .will show to whom the article was deliVt;lred and the date delivered. : Article dressed to: CJiJlin.WXf. it. DANIEL 00 flDlTElltAl'lF. E~LA. 1'1\<17025 I also wish to receive the following services (for an extra fee): ~ Restricted Delivery ~n;ult postmaster for fee. 4a. Article Number 974 232 876 p 4b. Service Type 5. Received By: (Print Name) )( CERTIFIED 7, Date,.y; ~\i~t\) 8. Addressee's Address Domestic Return REiceipt 1!!ilJi!I~~~fll1~~li~~~~!.o.;"-~.;d.i"~~~~";;;",,,,,,, .~., ""'n ," ~ "-'j" ,. ",.. ~_... ",' "~="~~ o c s;.' -0....--/ rn'J~. <f'n <:: i;? S:!~~ ~< "" t:r :B ?() :$(j :; ~ ,.- ^' I'i! iil ~I , it' .... .. 11; ~I I II I <::> <::> if! -< I .r:- ;;? l\) .. f;? =-r-j :i'i::ry :o&; ;tg :t:::n O.JJ ---0 Cim );j ~ W "-.J . ~ ~ . ~ - IT -. 1- _ ..<i;i~;;j , . FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. 1.0, No. 12248 Suite 900ITwo Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division GMAC Mortgage Corporation CUMBERLAND COUNTY vs. No. 2000-233 CIVIL David A. Daniel Charlene R. Daniel ORDER AND NOW, this .)1-- day of ~ ' 2000, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended 3 month(s) to the regularly scheduled CUMBERLAND COUNTY Sheriff's Sale dated DECEMBER 6. 2000. No further advertising or additional notice to lienholder or de!~tndant(s) is \ J. required. / ~ J ~" < , . """,," -- -~ ~. ~-p ~.. or --', -;- , . n\' t' . pI DO SEP -',) il" " II\flY CUlv\l:ltF\IJllU ()!ul PENNSYLVANIA tf's-: C),t? ~ -0' oC' w.t~~~~~" ;/trlia /tt~~ ~~ c/,~ I -. ,~~~, ~~, ~~.~._~__._.,,1~~~~ ;"_~_'~~_~ ",.[1'" .~ ~ - "~ . , , '1H FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. 1.0, No. 12248 Suite 900ITwo Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division GMAC Mortgage Corporation CUMBERLAND COUNTY vs. No. 2000-233 CIVIL David A. Daniel Charlene R. Daniel MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a 3 month postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for SEPTEMBER 6, 2000. 2. The Plaintiff is responsible for issuing the bid price of the property to the Plaintiff prior to the Sheriff's Sale. An appraisal of the property must be completed by the investor prior to the issuance of this bid. 3. A 3 month postponement of the Sheriff's Sale will enable Plaintiff to have the required appraisal completed. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to DECEMBER 6. 2000. Federman and Phelan ~----~ " .~ "'LU_Jtk" , FEDERMAN AND PHELAN By: Frank Federman, Esquire Ally, 1.0. No. 12248 Suite 900ITwo Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division GMAC Mortgage Corporation CUMBERLAND COUNTY vs. No. 2000-233 CIVIL David A. Daniel Charlene R. Daniel PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff's Sale of real property by special Order of Court. In the case sub judicia, a Sheriff's Sale of the mortgaged premises has been scheduled for SEPTEMBER 6. 2000. However, a three (3) month postponement is required to enable the Plaintiff to perform an appraisal of the property. The appraisal is needed by the Plaintiff in order to calculate an accurate bid price of the mortgaged premises for the Sheriffs Sale. Inasmuch, the defendant will not be injured by the granting of the relief requested, Accordingly, Plaintiff respectfully requests a 3 month continuance of the Sheriffs Sale of the mortgaged premises to the DECEMBER 6. 2000 Sheriffs Sale. Respectfully submitted: Federman and Phelan By: ~- -- lIIIl.,1.lC '. VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: qj;jJo ,O~ ~"_~_ ~<, , FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No, 12248 Suite 900rrwo Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division GMAC Mortgage Corporation CUMBERLAND COUNTY vs. No. 2000-233 CIVIL David A. Daniel Charlene R. Daniel CERTIFICATION OF SERVICE I, FRANK FEDERMAN, hereby certify that a copy of the Motion for Postponement of Sheriffs Sale has been sent to the individuals indicated below on September 1, 2000. David A. Daniel 213 Louis Drive Enola, PA 17025 Charlene R. Daniel 80 Winter Lane Enola, PA 17025 FEDERMAN AND PHELAN MAN, ESQUIRE R PLAINTIFF .; - >- Q: ;:5; , ,.~; ;~j,~-. co C>': ,~ :':J:<e r)_-... ,~-... :z: ~~ C):.:; ~~:60 J '7 .~fE < ::J (.) r _~') L. Ll-,- V;: ,. ,. , ~.. , , -- , , I - , . ., . , , SEP 0 5 2000 - .'~ '". ,. ,I . lIIld.:.ifr' , , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ ______~---_____~______________________________________________________________Ilecorderof Deeds in and for said Conoly and Stolte do hereby certify that the Sheriff's Deed in which _nn____n_____ Federal NAtl Mtg Assoc . ________________________-------------------------___________________________________ m the grantee the same having been sold to said grantee on the __n_~_:~_____nn___________n__n________nh day of Dec n_____n___n__________________nn____ A. D., 00 n____' noder and by virtue of a wriL______h__n_ Execution . ed h 7th ______________...___________..._____________________ISSU on t e _____________________________________ day of ____________~~..r_':.~_------_ A. D., Civil ______________________________, ________ ___ _____ n ____ n___ _______ h _n_____ ___n_ _ Term 00 _n' out of the Court of Cornman Pleas of said Conoty as of ;.to 00 233 GMAC MTG Corp Number __________nn' at the suit of ____h____________________________n________nnn,_n____nn__ David A & Charlene R Daniel _________________________________ __ against__________ _____ ___ ____ _____ __ ________ __ __ ______ __ ___ is 237 596 duly recorded in Sheriff's Deed Boqk No. ____nnn__' Page ____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _~q,~__ day of -------~-------- AJ>.'~~~.L ---~~A-;!~~~--- .cr n Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the first Monday of Jan. 2002 ,--- ~ ~ - ~""l-, GMAC Mortgage Corporation -vs- David A Daniel Charlene R Daniel In the Court of Common Pleas of Cumberland County, Pennsylvania No, 2000-233 Civil Harold J. Weary, Deputy Sheriff, who being duly sworn according to law, say on March 30,2000 at 4:11 o'clock P.M. EST he posted a copy of real Estate Writ Notice Poster and Description in the above entitled action upon the property of David Daniel and Charlene Daniel located at 2 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania, according to law, Harold J. Weary, Deputy Sheriff who being duly sworn according to law, says on March 29, 2000 at 7:18 o'clock P.M.EST he served tme copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: David A Daniel by handing to David Daniel at 213 Louis Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Harold J. Weary Deputy Sheriff who being duly sworn according to law, says on March 29, 2000 at 6:37 o'clock P.M. EST he served a'true copy of real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Charlene R. Daniel by makin gknown unto Charlene Daniel at 80 Winter Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tme and attested copies of the same, R. Thomas Kline, Sheirff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the above entitled action in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: David Daniel by First Class Mail to his last known address 1213 Louis Lane, Enola, Pennsylvania. This letter was mailed under the date of March 30,2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff Mailed a notice of the pendency of the action to one of the within named defendants to wit: Charlene R. Daniel, by First Class Mail to her last known address 80 Winter Lane, Enola, Pennsylvania. This letter was mailed under the date of March 30, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania on December 6, 2000 and sold the same for the sum of $ 1.00 to attorney Dale Shughart for Federal National Mortgage Association. It being the highest bid and best price quoted for the same Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, Pa being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of$ 975$1 it being costs, Sheriff s Costs Docketing Poundage Posting Bills 30.00 19.12 15.00 :w-.=., ~~^ Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This Iq1f<- Day oL}~ 2001, A.D. ~]J:c.U Q.. ~ I ~ Pro otary 15,00 30,00 10.00 .50 1.00 18.60 .86 15,00 30,00 40.00 367.70 306.23 24,80 25.00 26.50 $ 975:tLpd by arty 01/05/0 I So answers: "......." ~ ~.~~ ,- '''''''''~''''J R. Thomas Kline, Sheriff BY$~~~- JM- Real Estate Deputy ~ ~. ~ 30' s-J /. /~ ue... "JDS.-' L. )b~ '111 ~ifI;(; ,......, .... GMAC Mortgage Corporation Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION David A. Daniel Charlene R. Daniel NO. 2000-233 Civil Defendant(s). REVISED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMAC Mortl!:al!:e Corporation, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2 Hunter Lane. Camn Hill. P A 17011. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) David A. Daniel 213 Louis Lane Enola, P A 17025 Charlene R. Daniel 80 Winter Lane Enola, P A 17025 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.) None _.~ ~" ~ "-.01\ _ "'S.o 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.) Green Tree Consumer Discount Company 3401 Hartzdale Drive, Suite 132 Camp Hill, PA 17011 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 2 Hunter Lane Camp Hill,PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 14, 2000 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff <' - -------. 1 · GMAC Mortgage Corporation Plaintiff, CUMBERLAND COUNTY v. No. 2000-233 Civil David A. Daniel Charlene R. Daniel Defendant(s). March 14,2000 TO: David A Daniel 213 Louis Drive Enola, PA 17025 Charlene R. Daniel 80 Winter Lane Enola, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN 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 2 Hunter Lane. Camp HilIr. P A 17011, is scheduled to be sold at the Sheriff's Sale on June 7.2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC Mortl!:al!:e Corporation (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriff's 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. Tofind 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. >~ ~.."""""'" 1 , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-91 08 ,~ "j. lllil&ll!k_j ,. 1 , . ALL TEAT CERTAIN tract of land located in East Pennsboro Township, Cumberland COU:lty, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a poi~t or. the eastern side of Hunter La-.e at the northern line of Lot No. 14 Block G on the plan of lots hereinafter mentioned; thence along the eastern side of Hunter Lane north twenty-eight degrees forty-five minutes west eighty-seven and eighty-eight one-hu.~dredths feet (N. 280 45' W. 87.88') to a point; thence on a curve to the right having a radius of twenty-five feet (25'), an arc lenght of thirty-six and twenty-two one-hundredths feet (36.22) to a point on the southern side of Poplar Church Road; thence along the southern side of ?oplar Church Road north fifty- four degrees sixteen minutes east eighty-seven and eighty-eight one-hundredths feet (N. 540 16' E. 87.88') to a point on the western line of land of" Cha'rtes A. Holmes; thence along the western line of said land south thirty-five degrees forty-four minutes east one hundred twenty-four and twenty-nine one-hundredths feet (S. 350 44' E. 124.29') to a point on the northern line of Lot No. 14 Block G; thence alor.g the northe= line of Lot No. 14 Block G south sixty-one degrees fifteen minutes west one hundred twenty-four and twenty-nine one-hundredths feet (S. 610 15' W. 124.29') to the Place to the place of BEGINNING. BEING Lot No. 1 Block G, on the Plan known as LONG ~~OWS PLAN NO.1 recorded in CUmberland County in Plan Book 6, Page 23. EL~VING THEREON ERECTED a one-story frame dwelling house. BEING the same premises which Charles A. Holmes and Bessie Guy Holmes, his wife, by their deed dated September 30, 1954, a-TJ.d recorded in the Office of the Recorder of Deeds in and for Cu~b~rrand County inDeed Book "A," Vol. 16, Page 150, granted and conveyed unto J. Donald Moyer and E~ily K. Moyer, his wife. Said J. Donald Moyer predeceased his wife, E~ily K. Moyer, whereby Emily K. Moyer became the sole owner of the premises by operation of law. - -- -"",.: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2000-233 CIVIL 2S{ TERM CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due Avenue, Waterloo, IA COUNTY: GMAr. Mortgng~ r.orporntion )451 Hammond PLAINTlFF(S) from David A. Daniel 213 LOlc!is'Lime'. Enola. Pa. 17025 Charlene R. Daniel 80 Winter Lane. Enola. Pa. 17025 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 2 Hunter Lane, Cumberland. Pa. 17011 see attached leual description (2) You are also dire~V~d'b~ml~b'ft~el1f>~~ertYbllfhed~fiHidant(S) not levied upon in the possession of , .M.....<co- .... '. ,., ; j,' ,,',' '~h':m,.,'" ,"c.'I,,; i'nU6 "1\" "'1'1"i-1~ . l~ I JW7'm~ ~ f,~h, ,/!~, _',_. GARNISHEE(S) as follows: ". , ,~,,~ and to notny the garnishee(s) that: (a) an attachmem.has ~een issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) aA9f11'8li\fdelIVering any property of the dafendant(sfor otheiWise disposing thereof; <. (3) If property of th~'d9felli;l~n'(~) nQtll>vll'dlJPQD~nsubject to attachment is f(41)9in"!):1.!lRQ,~.l?!!1l~On of anyone other than a named garnishee, you ,are d~eptE!c;lto ,~Qtl'X,hi~herlhat he/she has been added as a garnishee and is enjoined as above stated. '. Amount Due S 96 669.78 Interest from 2/21/00 to 6/07/00 Interest 1 I>R4 14 nnrl r.o"t" Atty's Comm Atty Paid Plaintiff Paid % L.L. $0.50 Due Prothy Other Costs $1.00 125.92 Date: March 7, 2000 Curtis R. Long Prothonotary, Civil Division by: ~ 0 FJ"J.!P,':v Deputy ~ REQUESTING PARTY: Name Frnnk FffieIlllan. ERq.. Atty for Plff Address: Two Penn Center Plaza. SlIite 900 Philadelphia. Pa. 19102 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court 10 No. 12248 j"""""{..-" -,w.A--~llitIliolii' " . 'liiiOll ,_r_~ ," ~--.. '~dI~"~""'iiliO_ . REAL ESTATE SALE r.Jo . .j(vn1.~''I ~ the sheriff levied upon the defendants interest in the real property sItuated in Ff.-:I A_A"""d."", ~ Cumberland County, Pa., known and numbered as: ~ :~ L... 4 J.I.:U and more fully described on Exhlblt "A" flied with ~::::.~:l~;:::: inco~~~J.t '~\ 1-,: \i ,:~. '1 t" ~~ ;,"~~} -:1 d GO. lid 20 tl R ll~H '- , ' --' " , 'd~) ~'l~'\';:,,0r.:: '.i"IL .H} ~:H~JO ~~";':!.' .,", " " ~ , ~- ..~ L. . C.....I c;:nJ c;:;:;] = Gfe) IiVil . ;-" . ' ~~j~~ h_l>b;c .., ............ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under net No. 587. nooroued Mau 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 2nd, 9th and 16th day(s) of May 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, pl~ce and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau hin in Miscel@neous Book "M", vo~u:~~~':;~I:~ _____________ _______!~__________ COpy SALE#49 o an su scn e Notarial Seal Terry L. Russell. Notary Public Harrisburg. Dauphin County My Commission Expires June-6. ~2 .D. NOT PUBLIC Member, Pennsylvenia Association oj Notar\tfy commission expires June 6, 2002 I CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 J Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 304.73 1.50 306,23 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By"".........................,...,.,.,.,.,.,.,.",.,,.",.,.,.,.,." .i REAL ESTATE SALE NO. 49 Writ No. 2000-233 Civil GMAC Mortgage Corporation vs, DaVid A. Daniel and Charlene R. Daniel Atty.: Frank Fedennan ALL TIiAT CERTAIN tract of land located in East Pennsboro Township, Cumberland County. Pennsylvania, bounded and descrtbed as follows. to liVit: BEGINNING at a point on the eastern side of Hunter Lane at the northern line of l.ot No. 14 Block G on the plan of lots hereinafter men- tioned: thence along the eastern side of Hunter Lane north twenty-eight degreesfurty-f1ve mlnuteswesteighty- sevenandelghty.eightone-hundredths feet (N, 28" 45' W. 87.881 to a point: thence on a curve to the right having a radius of twenty-five feet (251. an arc length ofthlrty-slx and twenty-two one-hundredths feet (36.22) to a point on the southern side of Poplar Church Road; thence along the southern side of Poplar Church Road north fifty-four degrees siXteen nunutes east eighty- sevenandeighty-elghtone-hundredths feet (N, 54" 16' E. 87.881 to a point on the western line of land of nlf of Charles A. Holmes; thence along the western line of said land south thlrty- five degrees forty-four minutes east one hundred twenty-four and twenty- nine one-hundredths feet (S. 35" 44' E, 124.291 to a pOint on the northern line of Lot No. 14 Block G; thence along the northern line of Lot No. 14 Block G south sixty-one degrees fif- teen minutes west one hlllldred twen- ty-four and twenty-nine one-hun- dredths feet (S, 61" 15'W. 124.291 to the Place to the place of BEGINNING. BEING Lot No. 1 Block G. on the Plan known as WNG MEADOWS PIAN NO. I recorded in Cumberland County in Plan Book 6, Page 23. HAVING TIlEREON ERECTED a one-story frame dwelling house. BEING the same premises which Charles A. Holmes and Besste Guy Holmes. his wife. by their deed dated September30, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "A: Vol. 16. Page 150. granted and conveyed unto J. Donald Moyer and EmilyK. Moyer. his wife. SaldJ. Donald Moyer predeceased his Wife, Emily K MOyer, whereby Emily K. Moyer became the sole owner of the premises by operation of law. -__itle~~_i .... '. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 28, MAY 5, 12, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RO~Editor -- SWORN TO AND SUBSCRIBED before me this 12 day of MAY. 2000 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisl. Boro. Cumberland Caunty, PA My CommiHion Expir.. Mcm:h 5; 2001