The URL can be used to link to this page

Home My WebLink About00-08879 ~"" ">'- C-_' ~~ ~. -" , '~ " :J ~, -b....1:I' ~::;" ,. . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTtFICATIONNO.12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION OF P A 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 TERM Plaintiff NO. O{)-'6~71 C(0(/ CUMBERLAND COUNTY v. MARIBETH CHUDYK 154 WEST MIDDLE&EX DRIVE CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4:;0328836 - -, ;. -.;,' -~-'-- 1. Plaintiff is GMAC MORTGAGE CORPORATION OF PA 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address (es) of the Defendant(s) are: MARIBETH CIDJDYK 154 WEST MIDDLESEX DRNE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) ofthe properly hereinafter described. 3. On 1/31/96 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. 130 I, Page 993. 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 9/1/00 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." ~ i'* L ~ " . , -k,~ "'''' 1l<l1/lO( 6. The following amounts are due on the mortgage: Principal Balance Interest 8/1/00 through 12/1/00 (Per Diem $12.36) Attorney's Fees Cumulative Late Charges 1/31/96 to 12/1/00 Cost of Suit and Title Search Subtotal $64,473.75 1,520.28 3,223.00 90.48 550.00 $69,857.51 Escrow Credit Deficit Subtotal 0.00 221.29 $ 221.29 TOTAL $70,078.80 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. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (h.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s) in the sum of $70,078.80, together with interest from 12/1/00 at the rate of$12.36 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 i.l~~' , _'1,+ d 'iW.lr '"\1'1' '~. .GMAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, fA 50704-0780 Servicing GMAC Mortgage Date: November 13, 2000 \~\ \1-- ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a2e on vonr home is in default. and the lender intends to foreclose. Soecific information about the nature ofthe defanlt is provided in the'attached oa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAJ\f CHEMAP) mav be able to help to saye vonr home. This Notice exolains how the or02ram works. To see if HEMAP can helo. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with vou when von meet with the Connselin2 A2encv, The name. address and Rhone number of Consumer Credit Connselin2 A2encies servin2 yonr Connty are listed at e end of this Notice. If on have an nestion on ma caD the Penn IYaDia HonM Finance A2encv toD free atl.800.341.1397. (Persons with imoaired hearin2 can ca I (7111780.1869), This Notice contains important legal information. If you have any qnestions, representatives at the Consnmer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in yonr area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES, AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANOO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAJ\fA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAJ\f" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MARIBETH CHUDYK 154 W MIDDLESEX DRIVE CARLISLE, PA 17013-8495 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENTLENDERlSERVICER: 450328836 N/A GMAC Mortgage Corporation EXHIBIT A ,,,,",,,,~d~.-~ I , , , HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay offoreclosure on yourmol'lgage for thirty (30) days from the date of this Notice. During that time you must anange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TmS MEETING l\fUST OCCUR WITHIN THE NEXT (311) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. lHE PART OF lHIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COuNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting.The names. addresses and teleohone numbers of desil!llated consumer credit counseliru! al!encies for the cOlmtv in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender innnediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Progmm Application with ORe of the designated consumer credit cOlmseling agencies listed at the end of this Notice. Only consumer credit counseJ.jng agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be fIled or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY,IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedmgs will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. EXHIBIT A .. , ,-""" ~""". ~'!'". ~ -- t: , , ;, ~'''' ~~.:; 'u NOTE: IF YOU ARE CURRF.NTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF mIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can stilI apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT CBriDl! it UP to date). NATUItE OF THE DEFAULT .- The MORTGAGE debt held by the above lender is on your property located at: 154 W Middlesex Drive Carlisle, PA 17013-8495 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follo\ving months and the following amounts are now past due: September 1, 2000 througl1 November 1, 2000. .See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 1,801.44 386.33 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 2,187.77 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEF AUL T -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2, 187 .77 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashiers check, certified check or money order made pavable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not IIse ifnot applicable.) Not Applicable IF YOU DO NOT CURE THE DEF AUL T --If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri2hts to accelerate the mortl!llj!e debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uPon your mortl!ll2ed pronerty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the rea~nable ~ttorney's fees ~t were actually incurred, up to $50.00. However, iflegal proceedings ~re started agamst agamst you, you ~ll have. to pay all reasonable attorney's fees actually incurred by the lender even )fthey exceed $50.00. Any attorney s fees will be added to the amOlmt you owe the lender, which may also include other reasonable costs. Ifvou Cnre the default within the THIRTY (30) DAYS period. vou will not be required to pav attorney's fees, EXHIBIT A .. .~ . ' ,,' ">1.,>"'( , "." 0'_ C.~"'~' """ lk . ,^' "~'-<: OTHER LENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the TIlIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ril!bt to cure the default and urevent the sale at anv time UP to one hour before the Sheriff's Sale. You mav do so bv pavinl! the total amount then past due, plus anv late or other chaJ1!es then due, reasonable attorney's fees and costs connecled with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wrilinl! bv the lender and bv performing anv other reouirements under the mortl!a~e. Cnring your default iD the manner set forth iD this notice will restore your mortgage to the same pOSltion as if yon had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wail. You may [md out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 Mile of, Cars Way National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SAI.E -- You should realize that a Sheriffs Sale will end yourownershil' of the mortgaged property and your right to occupy it. If you contimle to live in the property after the Shenffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mar or may uot sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that al the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TIllS DEFAULT CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TIlAN TIlREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIlER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEUNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED i EXHIBIT A -,-,-,. EXHIBIT September 1, 2000 @ October 1, 2000 @ November 1, 2000 @ 600.48 600.48 600.48 EXHIBIT A ~ i ',. ~_ ~ ,1 4.': . -! "-'-"""'><rijw;<.-c" - J -~~ 'I '. '",,~- PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counties Commision for Commuuity Action (STEP) 2138 Lincoln Street P.O. Box 1328 William,port, P A 17703 (570) 326-{)587 FAX (570) 322-2197 CLINTON COUNTY CCCS of Northeastern P A 1631 South Atherton St., Suite 100 State College, P A 1680 I (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern P A 201 Basin Street Willi_port, P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-13arre, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY 1400 Abington Executive Park Suite I Clarks Summit, PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665-(Call Before Faxing) (570) 455-4994 Haze1town FAX (570) 455-5631-(Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 HOiland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20'" Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West3rdStreet . Waynesboro, PA 17268 (717) 762-3285 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban league of Metropolitan Harrisburg N.6thStreet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G"Street Carlisle, P A 17013 , (717) 243-3818 FAX (717)731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 171 04 (717)232-9757 FAX(717)234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, P A 17325 (717)334-1518 FAX334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A """""'"-' ALL THA~ CBRTAZN p~ece or parce1 o~ 1and w~th Lmprovements thereon erected situated ~n the townsh~p of M~dd1esex, County of Cumberland, ~ennsylvan~a, bounded and described as follows: BEQXKNZNG at a pin on the southern side o~ north Middlesex Drive (T-499) at the dividing line between Lots NOS. 1 and 2, as shown on the hereinafter mentioned Plan of Lots; thence along said di~idin9 1ine between said Lots Nos. 1 and 2, South 17 degrees West, a distance of one hUndred seventy-five (175) ~eet to a pin at.. the l.ine of lands of Jl.u.th A. Clemson; thence along said 1ine of l.ands of Ruth A. Clemson, South 82 deqrees4~ minutes 20 seconds East a d~stance o~ one hund~ea (100) ~eet to a p~n at line of 1ands of Raymond Smyser; thence a10ng said line of lands of Raymond Smyser, North 17 degrees East, a distance of one hundred seventy-five (175) feet to a pin on the southern side of North Middlese~ Prive (T-499) first mentioned above; thence along said southern aide of North Middlesex Drive (T~499), North 82 desrees 42 minutes 20 seconds West, a distance of one hundred (100) feet to a pin on the same at the dividing ~ine between Lots Noe. 1 1 and 2 as shown on the hereinafter mentioned Plan of Lots, the point and place of BBG%NHXNG. BErNO Lot No. 1 AS shown on the subdivision plan of property for Ruth C1emson as ~repared by Ernest J. Walker, ~rofessional Engineer, on Apr~l 24, 1972, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in ~1an Book 23, Page 10~. BEXNG improved with a dwelling house known as 154 W. Middlesex Drive, Car1isle, Pennsylvania. PREMISES: 154 WEST MIDDLESEX DRIVE e' . , -', - ,'~' .L',_, . ~"~ .'l,,' "'{,','&b,,', " ~t,awh'-', ,. VERIFICATION FR4.NK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this maner, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make 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. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. -I-~~ DATE: /2128!oo , I , ,"-k'Ji\~.~M,'~";~'-'M'i:8.ike ~~Iill~li;l\Ii,",H'"'".';~""'i":""ffli>-AU;~ r~ ~~ o' t'ir ~ c? "!;&f~w>~lIiIi ,,,~,,,,,,aii:HH~[~b\M'~WM ~ ~~ B ~ -s1 "" li_~ ;'1Il~_ ~""'~- ...;, .',"~"""<""fi~__ \')C;"- ~i~~", "';"} --< r-' ~S ~2 :z; -< c~~ s;;; I.~) c.J ~ _:1 ,'; 1"".) \..1:1 --;.,- -D r <.Jl , ...;..: 5:,~ -<., Cf) ~iliI<IIIil. , . , . . _ ~J "'" ',0.,1,,,)' '- .L."_ , f' " ;", ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION OFPA 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 00-8879-CIVIL MARIBETH CHUDYK 154 WEST MIDDLESEX DRIVE CARLISLE, P A 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against MARIBETH CHUDYI~, 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 Plaintiff's damages as follows: As set forth in Complaint Interest 12/1/00 to 2/5/01 $70,078.80 $828,12 TOTAL $70,906,92 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 Rille 237.1, copy attached. 1 m1111kAYlJu) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, ,:;/7/CJI . /.51 ~/-~ PRO PROT /.A2-L DATE: "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 DEllT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " . .'~~->-"I!lL ~.' ..........=~. ~ ,', -j ; '-" - ~- [ - . ,---I -"""il' "'- ,FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY MARIBETH CHUDYK NO. 00-8879-CIVIL Defendant(s) TO: ~~IBETH CHUDYK 154 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 25. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ~~-~~ ...~.-. "' ~_~_i~' : - 1 _ I _ ,_, _ _ " ",:;,_~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION OFPA : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-8879-CIVIL MARIBETH CHUDYK Defeudant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUlRE, 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 MARIBETH CHUDYKis over 18 years of age and resides at 154 WEST MIDDLESEX DRIVE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~f~ FRANK FEDERMAN Attorney for Plaintiff ~~~~f>iM!it,'1~IB-:~{~!" ';'i'~ird~,~;~~&Ji:"!tigJ21df~1i'ffl!i,'.;k;ll:l1\",ti""fOl"~l.o."',!';;i'';:~,,1io,";:d'Ji"'*'t.'t:ilWIHt1\U~1' "' '.' ., , ~~,j-~fs\\llaW;!F!': '=-"1~llqifM,mi:i;::!I!l;1'!';_!. - ~", , -"-it&L -,> t ~ ~~ 0 0 '-', ~ c: ~1 ~ <" -., '"06': ", rnrTi CO " 2:::1.,' ---- "- Z, I , -- ' :0 (j)" )C:::) ~ ...<:'::;- .-; <::) ~,,~ ~] ~,~~ Gi . r::::c: :~ ~ ~C -:;,:-" -,~ ,l -"_ ~ >,CI ;",.C) '- c:; ~;:::: r 11 ~ C .-"- 2: c- ~ =< C,ki :D , - L <m'" , . . ., :L <- i_' ,..' -""" '~'.lt-,' .~. - .-, ~w~ """'~_ ~"'>m9 (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION OFPA : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-8879-CIVIL MARIBETH CHUDYK Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on FEBRUARY 7 ,2000. By/f/~' .e+ 'DEPUI'Y ~s4",~FY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUlRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 03/10/2001 18:43 " 71 72632705 KISKADDON , "' , ;[ '0 -L - ~~ ,= l~' PAGE 05 .-~ - ~~-~ ~ , PLAINTIFF AFFlOA VIT OF SERVICE GMAC MORTGAGE CORPORATION OF FA DEFENDANT(S) SERVE AT MARJBETH CHUDYK ("'li!o'r._....) CUMBERL~'ffl COUNTY No,OO-8879-CIVIL 26 LONGSTREET DRIVE CARLISLE, PA 17013 TyPe of Action . Notice of Sheriff's Sale Sale Date: JUNE 6, 2001 SERVED Served and made known to ~f'f'J(lt Y 1ft: /5# J'lJfIJ ,Defendant, on the )01;" day of I1fi~f/- , 2001-, at ~, , o'clock Em.. at;'G; IApr:..'iT'Pe<:r 4fJIVS, (lA~JJ..rLI?Jp I /70/:] ,Commonwealth ofPenn,ylvania, in the m'U1rler described below; Defendant personally ..rved. 1/ Adult family member with whom Defendant(s) reside(s). Relationship is IfvsldA )JD Adult in charge ofDefeodam(s)'.s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Oefendant(sl reside(s). Agent or person in charge of Defendent(s)'s office or usual piece of business. an officer of said Defendant(s) 's company. Other: Description: Age 06 Height 6)/ weight& Racel..f-Sex../::L Other !, ~l b. WE.f\C.HTltR , a competent adult, being duly swam according to lllW, depose and state that! personally.handed a true and correct copy of the Notice ot S\J.eriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: NOT SERVED On the day of , 200_> at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of ,200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire -1.0. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ~~iiiIIiM:ffii1~!J;lit;.;J;k;!dJ~@f~~l;h'ht"i;;"""tW"'i1,;;;1c",_-:.;,!-"'&O!!j",i~t~hk~',&l.lil~-ilI:~";~"; ,~, ""'-" '<~ "~,....-"",,-~,~,~H_ '=- <t~ ~--"-"'';'''WliiRtiiiii~iMl1iliiilliir'' =~~.~".- " --, " (') c:::> 0 C .'0'''1 $: - .::-:J ,..t.... vel' :f;1'i'l -',~ --n n1n"1 ::u 2:::(.1 'r t5~G 1'.) -,~JtTl a '9 ~--, ~"- ,~"~Q ___CJ 3l '":- " 3>(1 ;;~::u J~ ,,?(-) 2,") orn S;c Z ~ ::< -.J -< - ~>oMiid.i ~ '" , ""' , -,' ,- -,' ",:1-.1..-', ,t,.-,-' ,j, ",",,," , SALE DATE: JUNE 6, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION OF PA No.: 00-8879- CIVIL vs. MARIBETH CHUDYK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 154 WEST MIDDLESEX DRIVE, CARLISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required byPa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed), and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 4/f~~ FRANK FEDERMAN, ESQUlRE Attorney for Plaintiff May 1, 2001 -~~;i:b" i GMAC MORTGAGE CORPORATION OF PA CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARIBETH CllUDYK CIVIL DIVISION Defendant(s). NO.OO-8879-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION OF PA, 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 154 WEST MIDDLESEX DRIVE. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARIBETH CHUDYK 26 LONGSTREET DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: NAME LAST K1'\!OWN 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 -,'~', ". -" - ~ """"~ ~^'" ...J~ ; t- "_~' _ ,~ ~,";r, .' 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.) Alliance Funding Co., A Division of Superior Bank FSB 135 Chestnut Ridge Road., Montvale, NJ 07645 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 154 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 21. 2001 DATE %~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '~'. c'<:'lif" : '" j I -'~ - > ",' ,. ~ '" -~. 0.& :L,:,,; '-,L ~Ijli!!if'; . " . DATE: 02/20/01 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) MARlBETH CHUDYK PROPERTY: 154 WEST MIDDLESEX DRIVE CARLISLE, P A 17013 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on JUNE 6. 2001, at 10:00 a.m. in Cumberland County Courthouse. South Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH '-~' :_-2i~'"1$jo~ '" ~ ~~ ~-I <i.L ,_'J..' , , ~;llg,~; GMAC Mortgage Corporation of P A VS Maribeth Chudyk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8879 Civil Term R. Thomas Kline, Sheriff, who being du1y sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 20.00 15.00 .50 1.00 25.09 6.20 15.00 15.00 4.14 15.56 20.00 344.45 281.64 $793.58 paid by attorney 8/14/01 ~~~ R. Thomas Kline, Sheriff Sworn and subscribed to before me This /'7!!:: day of ~~ 2001,A.D.~ Q, ~,~. Pro onotary BYrdOd,t'SYYli-tJ. ~eal Es te Deputy I,~"D Ck. 3370'1 (J.v. .iiiwlI'I_"" - I ~- ~~,1 FEDERMAN AND PHELAN By: FRANKFEDERMAN,ESQtmRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA 500 ENTERPRISE ROAD SUlTE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 00-8879-CIVIL MARIBETH CHUDYK CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark judgment entered 02/07/01 in the above captioned matter "Satisfied" upon payment of your costs only. ~,(.f.t1/I.k ~t!."j"AM1t1A~ . F FEDERMAN, ESQtmRE August 31, 2001 ~~~~\'DM1i!JR~~l'-~" ~"~d!li:ii'l{~j!~m~_~UD.a_flIIi'hiOO "~ .,~ ~ f> '~- ~ :il:a'jj;.<.Aut.Ctil' -~O'..- ~;,'m """, ~"" "" (') 0 0 c: ~n $I: en ---t ""OtD P1 ~::--T-I ~gj -0 [..~ .r"~ -om ZI;:: 0 ~,CJ ~"'" '~~b /-'. 0 '-, ;po. -....-"""-i ;< a:!! ~o :;I: -~O -0 - om );>c: - .. ~ ~ "" u::> --< " _w-~- - ~ ~- = ~'" .. i 'l'lI19al-..-,,".Ar~.L~' SHERIFF'S RETURN - REGULAR CASE NO: 2000-08879 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION OF P VS CHUDYK MARIBETH 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 CHUDYK MARl BETH the DEFENDANT , at 0008:45 HOURS, on the 4th day of January ,2001 at 26 LONGSTREET DRIVE CARLISLE, PA 17013 JEFFREY HEISHMAN (HUSBAND) by handing to 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 3,10 .00 10.00 .00 31.10 So Answers: ~~"J<~2 R, Thomas Kline 01/05/2001 FEDERMAN & Sworn and Subscribed to before By: < me this Jo ~ day of Quq _, .AD 1.4'" C ~dtl 11~ Prothonotary