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HomeMy WebLinkAbout00-08247 " j' '.". ~- "- .i!IIl.!/l',o!: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71 'i) 'i01-7000 ,.",...--- ATTORNEY FOR PLAINTIFF ,....f.,...o.... ,...,f-_ .~ COURT OF COMMON PLEAS CNIL DNISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 '-1-- "~- TERM Plaintiff v. NO. ~ - J>~'11 CUMBERLAND COUNTY GDi(Y~ SCOTT W. WEBB WILLIAM B. WEBB 1919 ENFIELD STREET CAMP HILL, PA 17011 Defendant( s) '-1- ,.~.l-- ~I= ':C.'_.~ '~I-~.: CTVTT, ACTTON - T,AW COMPT,A TNT TN MORTr.Ar.R FORRCT ,OSTTRF NOTTCR **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD T AXE 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. ,~i::, ,1-.. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '-1'-' -~..j..-."", ,+:: -t: ~~I--, 1 , , 1-"-" .1:- Loan #: 496881301 "' -- .,- .-- I." 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE ISO HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: SCOTT W. WEBB WILLIAM B. WEBB 1919 ENFIELD STREET CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/20/98 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. 1470, Page 244. 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 6/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. v_ ,,-I , .k_ ,-1-- ".1- C~'I"___ ; .-1-; ::t:: ,~ ..~i ,~-~: ,.1-- . 1 . ~I'-'-- .,!--- '-1-- ., ",I-~"'" -I..........., .j,,,.- :E 1 .,-,._-.... , 1.-- , C',,",,'"' .........-- ---1-'" ,~ Principal Balance Interest 5/1/00 through 11115/00 (Per Diem $18.58) Attorney's Fees Cumulative Late Charges 7/20/98 to 11/15/00 Cost of Suit and Title Search Subtotal $90,426.66 3,437.30 , I. "",j -1,-,. i ,..f-_.- ,j "-"'-'1' -1:::: ' ~:=--.:I . ... ,j ,- .;! ,e.... ;1 , , J! 6. The following amounts are due on the mortgage: 4,000.00 166.85 , I . 11 " ::E':l I' 5.iQJ)Q $98,580.81 Escrow Credit Deficit Subtotal 0.00 ill-.12 ~ 4S 1 77 TOTAL $99,032.53 :,~::~~: ,j 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. t::.'::.....1 "'-:1 . ;'"--1 . j _I I---'~ ,1 I '1 8. This action does not corne under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. i I , --.1.-..- il ,~...~- :i ,.1--- ;i I 'I WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $99,032.53, together with interest from 11115/00 at the rate of $18.58 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:mk FF:nF:rm:m FRANKFEDERMAN,ESQUffiE Attorney for Plaintiff ! i 1 'I '.I--.....i '+--1' ,...t.-o.... .,.+-- f"-- "'4_ ..- .. t:: I '"I , ",I , "1:: , ., .1'-,"" SCHEDULE "A" , ALL THAT CERTAIN parcel or l:rlWt of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly oounded and described as follows, to wit: On the Nortb.l'>Y Enfield Street, II distance of 84.90 feet; on the East by the remainder of Lot No. 248 on a Plan hereinafter mentioned. a distllncc of 90 feet to a point; on the South a distance of 84.9Q feet and on the East by Lot No. 251 on said Plan II distanee of 90 feet to the point pnd place of BEGINNING. BEING Lot Nos. 249, 250 and the Western portion of Lot No. 248 011 the Plan of Lot! known as Harrisburg Garclens, recorcled in the Office of the Reoorder of Deeds, in and for Cumberland County, PellllSylvanla, in Plan Book 1, Page 86. For furthe: reference to the r"T'M1Tllng portion of Lot No. 248 included herein, see Plan Book 36, Page 11 B, wherain 5,10 of the Lot No. 248 was conveyed in Deed Book 28-S. Page 775. HAVING THEREON ERECTED II brick ranch house known and numbered !IS 1919 Enfield Street. UNDBRAND suamcT, nevertheless, to easements, tilStrlCtiOns, reservations, conditioIl,'l and rIgh1s-of-way of record. UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights ofPublicUttlity and Public Service Companies, exilfling restriotions, and easements-visible or ofrecord-to the extent that any pet'llons or entities have acquired legal rights thereto. For further referenoe of title, see Plans recorded in Plan Book 36, Page 118, fUld Plan Book 49, Page 11S. BEING KNOWN AS 1919 Enfield Street. UNDER and SUBJECT to certain restrictions now of record. BEING THE SAME PREMISES which Julie Colestock (f1k/a Julie K. Conrad) with the joinder of her spouse, David Colestock, By Indenture bearing the date 20th day of July AD, 1998 and intended to be forthwith recorded in the office for recording of Deeds, in and for the county of Cumberland, Commonwealth of Pennsyivania, granted and conveyed unto said Mortgagors, in fee, ,j i, 1(.. ~~ "..J . J'i.ili'u,,- " VERlFICA nON SHIRLEY J. EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that she is authorized to tak~ 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, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: III vol tv I / "ffittM~I<!\i\i-l:;,i.iAJ'l",;iBiiiIIg;/lli;$~;~M~M'l.!..a,14itl!licd"~~>C'!;t",~,;k~t.j&d~!E-";;jM'"'\"l"""",,j"'r<lII~IA*~~a'_IUl'Ii'''rr'~'<J''''''I~'' ~'~"''''';'''~"'ii,,~ 'tS'1~"ili&""~"""" "i:al ._~~~_..... " ,~" i~o.liIllIlllIlitI' "~~'~"'-"": t ~ ~ --c- ~ ...... f0 ~ C5 (") CJ 0 () C C1 (,\ . ;;C--=~ -'1 e 0 ~ ~ ~ ~1~L ;.:5 6 .-l:: ~ c;- o - ~ .--.'" r f0 (j) ~" 1'0 '-1 J ~< '. ~ r? ~: ~-:: .. " ~~;:,: :"::.J + () .?'c= f'..) :~~nl L' 3:':; ~ -, U1 -< 10 -<: ",iii I, '" L-L.;~,., ~. _L_"""",,-,,;, ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-08247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WEBB SCOTT W ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEBB SCOTT W the DEFENDANT , at 0018:06 HOURS, on the 29th day of November, 2000 at 1919 ENFIELD STREET CAMP HILL, PA 17011 by handing to TERRI WEBB (WIFE) 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 18.00 9.30 .00 10.00 .00 37.30 S:;;~.~~I R. Thomas Kline 12/12/2000 FEDERMAN & c--. Sworn and Subscribed to before By: me this If 8 day of A;",~ J/..dlJi) A.D. rl L t2. )v,'#/':1~ ~othonotary "~~. I, I; -"', SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-08247 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WEBB SCOTT W 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 WEBB WILLIAM B but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , WEBB WILLIAM B DEFENDANT MOVED, LEFT NO FORWARDING, RETURN NOT FOUND AS PER JIMMY (PARALEGAL) ON 12/12/00. Sheriff's Costs: Docketing NOT FOUND RETURN Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 ~~ R. Thomas Kli . Sheriff of Cumberland County FEDERMAN & PHELAN 12/12/2000 Sworn and subscribed to before me this If "!:! day ofdk~ ~ A.D. ~a.~drr P 0 honotary J I, I. ~ ,Ll "'l' " FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 . PHILADELPHIA, PA 19103..1814 (? I)! )11"1-7000 ATTORNEY FOR PLAINTIFF ,_of "I- , , -+ '--- , COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE ISO HORSHAM, PA 19044 -~ TERM Plaintiff v. NO. 06 -!~l.{7 Co'IL '-r~ CUMBERLAND COUNTY SCOTT W. WEBB WILLIAM B. WEBB 1919 ENFIELD STREET CAMP HILL, PA 17011 Defendant(s) '.'f- .-+ 'I CIVIT ACTTON - LAW, '.... COMPT A TNT TN MORTf;Af;F FORFCI ,OSTJRF -4. NOTTCF,'" **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS ...., CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You maylose 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 _"'~'" tto CUMBERLAND COUNTY BAR ASSOCIA TION.V_ .. , , .X' 1..", C",,;~;'li ,J <,,~ .Vl ~ nerJl'":'I'" '^kJ h!aT{W, t-., > ,}',U 2 LIBERTY AVENUE WI'I~h' . :"/,/ C0rtif...!--" \"..- . :, be:a 1 ~It.;~ Ul ~(> ~~~ 'Y $.Hv ,~,:n,\" ,0 ,0", \,r.9 CARLISLE PA 17013 ,.,,.,, .' ._.) S ~r(Js "I'd '* a. "...nni'.oJ ' ..,....'rf~>..,~ f',> .. .... I G::J~,tr:, ~;:"d' o~ re"~,,r,:~. ','" (717) 249-3166 ''''1...:,,~''. ""/lclUha "' ..1,~"'\ lie ""0 H.'!::........... Fe):!O:":':"" '." '",." d c~i~."..~,'~"1<irt\.l ,..,..l'~ c.: .E~:::,,;;,;'. __ ,.:.~,,"--,-<'or fE:.Dt:;f.\d. TRUE COPY. FROM RECORD . h",,.,,j i'-,.~D PHELAN Loa".. 496881301 hi T8ItImonywhefeof. I hereull10 set my hand Md the _ of said ~.. Carll_isle..,. Pa. jj;~ri~Y(:I~~KJ L', ill ,. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: SCOTT W: WEBB WILLIAM B. WEBB 1919 ENFIELD STREET CAMP HILL, P A 170 II who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/20/98 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. 1470, Page 244. 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 6/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. -I, "-' ~ - ~" J. ..-.1.- ,'f- ..x , j; .~ -- ~~~ J; ~ ~-"", " ,-f 6. The following amounts are due on the mortgage: .-1-" ..,1 ,~ -. . Principal Balance Interest 5/1/00 through 11115/00 (Per Diem $18.58) Attorney's Fees Cumulative Late Charges 7/20/98 to 11/15/00 Cost of Suit and Title Search Subtotal $90,426.66 3.437.30 4,000.00 166.85 5.5..O..illl $98,580.81 Escrow . Credit Deficit Subtotal 0,00 di.Ll2 ~ 4~ 1 7? TOTAL $99,032.53 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 $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $99,032.53, together with interest from 11/15/00 at the rate of$18.58 per dlem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. !,JFr}1!1k Ff'rlf'ITl1}1n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , ,., ._, -, fl " WIilmlm SCHEDULE "A" . ALL THAT CERTAIN parcel or traat of land irltuate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particuliltly oounded and described as follows, to wit: On the North by Enfield Street, a distance of 84.90 feet; on the East by the remainder of Lot No. 248 on a Plah hereiDafter mentioned, a distance of 90 feet to a point; on the South a distance of 84.90 feet and on the East by Lot No, 251 on said Plan a distanee of 90 feet to the point Blld place of BEGINNING. BEING Lot Nos. 249, 250 and the Western portion of Lot No, 248 ot! the Plan. of Lots known lIB Hattisbu:rg GardeJl!l, recorded in the Office of "the Reoorder of Deeds, in and for Cumberland County, Pennsylvania. in Plan Book 1, Page 86, For further referen~ 10 the I"'TT'"lning portion of Lot No. 248 mcluded herein, see Plan Book 36, Page 118, wherein 5,10 of the Lot No, 248 was conveyed in Deed Book 28-S, Page 775. HAVING THEREON ERECTED a brick ranch house. known and numbered as 1919 Bnfielct Street. UNDBRAND SUBmCT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. UNDER AND SUBJECT to all Acts of Assembly, County and Tovroship Ordillances, rights QfPl1blic Utllity and Public Service Companies. exillting restriotions, and e~sements-visibJe or of record-to the extent that any persons or entities have acquired legal rights thereto. For further refe:ence of title, see Phms recorded in Plan Book 36, Page 118, and Plan Book 49, Page 115. -" ,-------~-- --.-'- . ------,,~. - BEING KNOWN AS 1919 Enfield Street. UNDER and SUBJECT to certain restrictions now of record. BEING THE SAME PREMISES wr,ich Julie ColestOCK (fll<fa Julie K. Conrad) with the joinder of her spouse, David ColestOCK, By Indenture bearing the date 20th day of July AD, 1998 and. intended to be forthwith recorded in the office for recording of Deeds, in and for tr,e cocnty aT Cumberland, Commonwealth of Pennsylvania, granted and conveyec unto said Mortgagors, in fee. " I , I. ~~ ., , . . VERIFICATION SHIRLEY 1. 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, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. I' ' ~~-~ DATE: II/-vu/LV I / ,~~~~'." I~"~." ~" FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corp. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumberland County Scott W. Webb WilliamB. Webb Defendants No. 00-8247 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~~~- rank Federman Attorney for Plaintiff iiffil~~_:~j,\!'1i\J\-'\i,lhi.ih=;_l!i.il\'''i "'21'"r,..,~!dM!<<:~';';:"'1;;;U",j'~1J.",-g~1':h-'k~'_,il"""\;'~"~,,_,,;:,.w~.lrli--' R .l<. u"~;" UL!...o..o. Ilj_E~ll ~ -'~'~'JllII\!It f 'iif".~Ji!lje Ifll~lr' o ~i -or..\:" ~~~, Z:"~._ (Ac:' .:.(~.:"- r:;C: ~c ""'c' .>"'c ~ - ,---' w c:> r', ~ " " " ~.- ~-! () --,1 cr. ..- TI:...'.__; -':.,i'-r' ~,~!!: (~) :~:..; ~_:";~t'~; ;'~::.rn ,j ::;::1 5:i '< o \'-' o "