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HomeMy WebLinkAbout03-2050FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman : CIVIL DIVISION : NO. 03-2050 ORDER AND NOW, this 7' day of ~ 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount October 1, 2002 through June 9, Per Diem $18.66 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 2004 97,319.72 11,516.99 95.65 1,100.00 1,427.00 0.00 1,325.00 0.00 0.00 (0.00) 650.00 0.00 1,709.16 $115,143.52 Plus interest per diem from June 9, 2004 through Date of Sale percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF ~ SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY T~COURT: J at six (6%) FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-2050 MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on ~ril 26 2004 and Rule was entered upon Defendant(s) Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman on April 30, Reassessment should not be entered. attached hereto as Exhibit A. 2004 to show cause why the Order for A true and correct copy of the Rule is 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of M~ 27, 2004 WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. Attorney for Plai~ff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 Attorney for Plaint~ Exhibit A FEDERMAN~qD PHELAN, LLP. by: Daniel G, Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation : CUMBERLAND COUhFfY : COURT OF COMMON PLE~ Estate Of Charles E. Cole~an, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman : CIVIL DIVISION : NO. 03-2050 AND NOW, this ~0 ~ day of ~ , 2004, a Rule is entered upon Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: Exhibit B FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Syster~s, INC., As Nominee For GM;kC Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee_,.~_~l Heirs At Law Of The ESt~~ E. Coleman ~'~}~ .~ =%~q~ ~ biO. 03-2050 FILE COPY I, Daniel G. Schmieg, Esquire, hereby Returnable Date of May 27th, 2004 and a Reassessment of Damages have been sent to copy of Plaintiff's Petition for the individuals indicated below on May 7, 2004. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman 852 Hamilton Street, Carlisle, PA 17013 FILE COPy Date: May 7, 2004 FEDERMAN AND PHELAN, L.L.P Daniel (]. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff VS. CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. o CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 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 'ro 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 tiling 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 ,ar 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 #: 600397215 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLI,ECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF TItIS 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 TItIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Loan #: 600397215 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/18/2002 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. 1767, Page 1234. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make suelh payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Loan #: 600397215 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 Escrow Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,589.84, together with interest from 04/29/2003 at the rate of $18.66 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. FEDE~ AND PHELAB}, ~LI4~/~' By: --/~r~r~Hal~lina/ff~~(~'/ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 600397215 ALL that c,,rt, ain tract of land with improvements thereon situate in the Fifth Ward of the Borough o~: Carlisle, Cumbertand County, Pennsylvania, bounded and described . as follows: BEGINNIN.~ at a point at the northwestern corner of Hamilton Street and Charles Street as the same appears on the hereinafter mentioned plan of lots; thence along th~ norther.~ line of Hamilton Street, South 63 degrees 03 minutes West, a distance of 44.80 taet to a point; thence along the same by a curve to the left having a ~-aclius of 1'70 feet. an arc distance of 50 feet to a point; thence along land now or formeHy of Can'oil ---. Myers and wife, North 30 degrees 16 minutes West, a distance of 't 17.01 feet tO a p(.int; thence along land now or :ror~nerly of C.W. Anderson and wife, ~lorth 75 degrees -~:8 minutes 50 seconds East, a ,distance of 111.61 feet to a point on the western line of Charles Street; thence along the line of Charles Street, South 15 dagre.es 22 minute-~ 40 seconds East, a distance of 17 feet to a point; thence along the curve to tJ' e left having a radius of 227.37 feet. art arc distance of 45.92 feet to a point; thence stii along tl~e same, South 26 degrees 57 minutes East. a distance of 2~.75 feet to a poin[ at the northwestern comer of Charles ,'Street and Hamilton Street, the Place of BEGINI{ING. BEING all of Lot No. 12 and a portion of Lot No. 13 of I~lock 'D" in the Plan of a Portion of Hamilton Development as recorded in the Cumberland County Recorder of Deeds Off co in Plan Book 11, Page 36. HA'/ING erected thereon a dwelling known as 85:2 Hamilton Street, Carlisle, Pennsylvania 17013, VERIFICATION Robert Lelli hereby states that he 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 bet knowledge, information ~nd belief. The undersigned understands that this statement is made subject to the penalties of 18 P~. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02050 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLEMAN CHARLES E 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 COLEMAN CHARLES E unable to locate Him in his bailiwick. but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , NOT FOUND , as to , COLEMAN CHARLES E 852 HAMILTON STREET CARLISLE, PA 17013 852 HAMILTON STREET CARLISLE IS VACANT. DEFENDANT'S NEW ADDRESS IS 905 BEAN AVENUE KILGORE, TX 75662. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 So answer~a' ~ ................ ~ R. Thomas Kl~ne Sheriff of CumberIand County FEDERMAN & PHELAN 05/02/2003 Sworn and subscribed to before me this ~ day of TA~ 2~o~ A.D. Pffo~honotary MORTGAGE ELECTRONIC : REGISTRATION SYSTEMS, INC.,: Plaintiff : VS. CHARLES E. COLEMAN, Defendant IN THE COURT OF C. OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2050 CIVIL CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION TO AMEND COMPLAINT ORDER AND NOW, this //~'~ day of July, 2003, a role is issued on Shaun Coleman, Executor and Devisee of the Estate of Charles E. Coleman, to show cause why the relief requested in the within motion to amend complaint ought not to be granted. This role returnable twenty (20) days after service. BY THE COURT, Hess, J. o The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/2912003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95~65 $ 750.00 $102,952.63 Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIlq: demands an in rem Judgment against the Defendant(s) in the sum of $102,589.84, together with interest from 04/29/2003 at the rate of $18.66 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. FEDERMAN AND PHELAN, LIP By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL that csrtalo t~act of land with improvernent~ thereon sit~ato in the Fi~ Ward of the Bo~=ugh o:' Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNIN 3 at a point at the northwestern corner of Hamgtan Street and Charles Street aa the same appears on the hereinattsr mentioned plan of lots; thence along th~ northern line of Hamilton Street, South 63 degrees 03 minutes West, a distance ot' 44.80 lest to a paint; thence along the same by a curve to the IeR having a ,-adius of 170 feet an arc distance of $0 feet to a point;, thence along land now or formally of Carroll -:. Myers and wife, North 30 degrees 16 minutes West, a distance of ",17.01 feet to a ix.int: thence along land now or formerly of C.W. Anderson and wife. North 75 degrees [:8 minutes ~0 seconds EesL a distance of 111.61 [eat to a point on the w~.'stem line of' Charles Street; thence along the line of Chadea Street, Sautl~ 15 da~re~s 22 mlnute.* 40 seconds East. a distance of 17' i'eat to a point: thence along the curve to tJ'e lel~ having a raeius of Z~7.37 feet. an arc distance of 45.g2 reel taa point: thence ~1 along the same, South 26 degrees 57 minutes East. a distance of 22.75 feet to a point at the northwestern comer of Chades Street and Hamilton Street, the Plac~ of BEGINhlING. BE[lNG all of Lot No. ~2 and a port]on of Lot Nc. 13 of ~l~c.k 'O' in the F!an of a F~rt]on of Hamilton Development as recarded in the Cumberland County Recorder of OeH~de Offce in Plan Book 11, Page 36. HA'tiNG erected thereon a dwelling known as 852 Hamilton Street. Carlisle. Pennsylvania 17013. VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage s~icing agent for Plaintiff in this matter, that she is authorized to take this Verificatiou, and that the statemcnts made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her lmowledge, information ~ belief. The undersigned understands that this statement is made subject to the l~:-nalties of 18 Pa. C.S. Sec. 4904 relating to uaswora falsiilcafion to authorities. EXHIBIT "B" PETITION FOR PROBATE and GRANT OF LETTERS · Deceased. Social Security No. 17 ~ - ~.~ t~'m_~' No. Oa- tlOO Register of Wills for t~g County of C4Atnb~/(to.~ Commonwealth of Pennsylvania in the The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut in the last will of the above d.e~edent, dated and oodi~il~) dated named ,19 h Decendent was domiciled at death in ~..c~r,~' la~z~- I ,a,~/ Cog~ty, Pennsylvania, with last family or principal residence at ~"~ ~,~..,, t~or~ ~ ~'c~ I ,~., (list street, number and mundpality) Dece~dent~ the~ ~ years of age, died ¢'~c:. ,~ , ~ at ('A'~h&l~_ ~ ..... I /~,~. Q.~x'~--~ Except as follows, deced~ent did not marry, was not divorced and did not have a child born or adopte~ after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with esthnated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters ~:s-r-,~ nx.*,n'nnm,. theron. 0~umemary; administration c.t.a.; administration d.b.n.c.t.a.) OATH OF' PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA .COUNTY Ob' ('TPimb~l~lct~ff . } ~ The petitioner{s) above-named swear(s) or affirm(s) that tb¢ stat~meuts in the for~goinB petition ate true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner{s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed -~/?~,'t_ ~,,~.[ ~ before me this .5~'h day of [ ~ ~ D~rT~-~. -~ _E'_'R 200'~ 191 ~ No. ~ ~ - oa.- ttoo Estate Of CHARLES E COLEMAN , Deceased DECREE OF PROBATE AND GRANT OF LETTERS ANDNOW DECEMBER 5t 2002 the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 1.l-01.-2002 de. scribed therein be admitted to probate and filed of record as the last will of, CHARLES E COLEMAN and Letters TESTAMENTARy 19__,/n consideration of the petition on are hereby granted to SHAUN PAUL COLEMAN FEES Probate, Letters, Etc .......... i 18.0 0 Short Certificates( ) .......... i 3.0 0 Renunciation ................ $ 5.00 ~cp $ 10.00 TOTAL ,, $ 36.00 .ed. :.?.o.o.? ..................... exec waited and received 12-5-2002 ATTORNEY (Sup. Cl. I.D. No.) .~DDRESS PHONE RENUNCIATION ~- o.~- ~1oo To the Register of Wills of (~ tJ~.'14 ~zz~l ffq,~..O County, P~mylv~ia. · e a~ve d~t, hgeby r~o~s) ~e ~t to fl~stg the ~ate ~d r~f~y ~k(s) ~at L~e~ WITNESS hand this -6"~da¥ of ~/(/~*~', 1~o-:~ (Addrc~) (Address) (Si~ature) (Address) LAST WILL AND TESTAMENT OF CHARLES ELMER COLEMAN I, CHARLES ELMER COLEMAN, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am retired fi.om the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, thc expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property, SECOND: It is my desire that, upon my death, I be buried with full military honors at American Military Cemetery, Madingley, Cambfidgeshire, England. THIRD: I give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to my wife SUZANNE MARGARET COLEMAN, if she survives me. FOURTH: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife SUZANNE MARGARET COLEMAN, if she survives me, or if she does not survive me, to my son SHAUN PAUL COLEMAN, if he survives me. FIFTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my wife SUZAN'NE MARGARET COLEMAN survives me, to my wife outright. (b) If my wife does not survive me, then to my son if he survives me, or if he does not survive me to any then living issue of my son, per stin~es. (c) If my wife does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as ifI were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. SIXTH: If any property of my estate vests in absolute oWnership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or dis~bote the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distrthution of the whole or any part of soch property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article EIGHTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SEVENTH: I appoint my wife SUZANNE MARGARET COLEMAN to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint KATHRYN L. GRIFFITH as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. EIGHTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all power~ conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. NINTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. TENTH: I have served in the Aimed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any militaO, affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. ELEVENTH: Except as otherwise provided in this will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide .in the will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. If any person named as a beneficiary under this will institutes a wilt contest, acts as a party to a will contest initiated by someone else, or aids and abeC~ anyone instituting a will contest, I direct that any bequest, devise, or share of my residuary estate that would otherwise go to that person shall lapse, as if he had predeceased me. TWEL~"I'H: I may leave a leuer of intent with the executed copy of this will for the purpose of giving guidance to my Executor concerning the dis~ibution or sale of certain items of my property. I request, but do not require that my Executor honor my wishes therein expressed. This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions, by Captain Robert E. Samueison II, U.S. Army, who is lictnsed to practice law in the State of Minnesota. IN WITNESS WHEREOF, I, CHARLES ELMER COLEMAN, sign my name and publish and declare this iusa'ument us my last will and testament this 1st day of November, 2002. I also have affixed my signature on the bottom of each of the preceding pages hereof. CHARLES ELMER COLEMAN The foregoing instrument was signcd, published and declared by CHARLES ELMER COLEMAN, the above-named Testator, to be his last will and testament in our presence, all being present at the 2 same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names having an address at /. having an ad~s at / 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CLrMBERLAND, ss. _ ,We, C .APV. S -LM RCOLEMANand names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, CHARLES ELMER COLEMAN, signed and executed said instrument as his last will and testament in the presence and benring of the witnesses, and that he had signed willingly, and that he ex~cutad it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no cons~xaint, duress, fraud or undue influence. S ELMER COLEMAN Testator, and subscribed and sworn to before me by the a~amed/~- ~- ~/"~.4 ~witnesses' ~is 1st day of November, 20O2. - - lq~otary Public My commission expires on EXHIBIT "C" FEDERMAN AlVD PHELAN, L.L.P. Suite 1400 One Penn Center Piazn Philadelphia, PA 19103 215-563-7000 Fax: 215-563=4491 Jennffer. Redling~fedphe-pa.com Jennifer Redling Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey J~e10,2o03 Shaun Coleman, Executor And Sole Devisee of the Estate Of Charles E. Coleman 905 Bean Avenue Kilgore, TX 75662 RE: CHARLES E. COLEMAN; 852 HAMILTON STREET, CARLISLE, PA 17013 GMAC MORTGAGE CORPORATION; NO. 600397215 Dear Mr. Coleman: Kindly be advised that the Law Offices of Federman and Phelan represent MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., the holder of the mortgage against the above-referenced mortgaged ps.wises. The loan is in default as payments due 11/1/02 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARLES' unfortunate death. We ar~ sorry for your loss. As you are the sole devisee of CHA~I.g,S E. COI.I~.MAN, you were automaticnlly vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301Co). Accordingly, it will be necessary to bring a foreclosure action against your interest in the property. This letter serves to afford you an opportunity to waive your interest in the mortgaged premises. Please find attached a Waiver of Interest which I would appreciate your executing and returning to the undersigned within ~ of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a Defendant in the foreclosure action. If, however, the Waiver is not timely returned, our office will proceed to name you as a Defendant. * This firm is a debt collector. Any information we receive will be used for that purpose. Ifyour personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. It will however, be necessary to name you, SHAD-N COLEMAN, as a defendant in the fo{eclosure action in your capacity as Executor of the Estate as required by the Permsylvania Rules of Civil Procedure. If you would like to request a payoff or reinstatement figure, please call (21~) $63-7000, Ex. 1212. Very Waly yours, Legal Assistant * This finn is a debt collector. Any information we rece/ve will be used for that purpose. //'your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. FEDERMAN AND PHELAN, LLP By: Francis S. Hall[nan Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. ESTATE OF CHARLES E. COLEMAN, DECEASED WAIVER OF INTEREST IN MORTGAGED PREMISES BY HEIR OF DECEASED OWNER In consideration for not being named as a Defendant in a foreclosure action, the undersigned, devisee of CHARLES E. COLEMAN, hereby waives any and all interest he may have in the premises located at 852 HAMILTON STREET, CARLISLE, PA 17013, which proPerty was owned bythe Decedent at the time of his death, and hereby consents to legal action without any further notice of institution or legal proceedings of Sheriff's ~ale. I understand that it is Plaintiff's intention to name me as a Defendant in the foreclosure action in my capacity as Executor of the Estate only. Date: Shaun Coleman, Devisee Of the Estate of Charles E. Coleman, Not in my capacity as Executor of the Estate * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "D" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUl'l'~ 1400 PHILADELPHIA, PA 19103 (215) 563-7OOO ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMIN-EE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUI'I E 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DMSION Plaintiff ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 NO. 03-2050 CUMBERLAND COUNTY Defendant(s) AlVI~NBEI~. CIVIL AC-lION - LAW COMI~LAINT 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 A'I-fEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in CourC 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. CIJMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IF THIS IS 'lHE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS O~'~'ICE, BE ADVISED THAT: . PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, ~ DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL ~ EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF T~ DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT TI~ DEBT UNTIL WE 'MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE.CORPORATION 8201 GREENgBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE A_ND ALL H~IRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 who is/are the real owner(s) of the property hereinafter described. On 07/18/2002 mortgagors, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, made, executed and delivered a mortgage upon the premises hereinafter described to PLAINI'IIq~' which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1767, Page 1234. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 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. 9. 10. 11. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 . (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 0ad29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 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. fftbe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-oecupied. Mortgagor, CHARLES E. COLEMAN, died on 12/3/02, leaving a will dated 11/1/02, wherein he appointed SUZANNE M. COLEMAN, DECEASED, as his Executrix. By Renunciation dated 12/5/02, KATHRYN L. GRIP'Iq'IH renounced her fights as alternate Executrix of the Estate. Letters Testamentary were granted to SHAUN COLEMAN on 12/5/02 in CUMBERLAND County, No. 21-02-1100. Decedent's surviving heir at law and next-of-kin is defendant, SHAUN COLEMAN. Plaintiffhereby releases SUZANNE M. COLEMAN from liability for the debt secured by the mortgage. 12. Defendant, SHAUN COLEMAN, has been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest in the premises and has no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIP1~' demands an in r~m Judgment against the Defendant(s) in the sum of $102,589.84, together with interest from 04/29/2003 at the rate of $18.66 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. ~DERMANANDP~LAN,~p By:. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the attorney for the Plaimiff m this action, that he is authorized to make this Verification, and that thc statements made in the foregoing Motion to Amend Complaint are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. FEDERMAN AND PHELAN ~RANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN COURT OF COIvIMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 CERTIFICATION OF SERVICE I hereby certify a tree and correct copy of the foregoing Plaintiff's Motion to Amend Complaint was served by regular mail on Defendant (s) on the date listed below: SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 Date pibkNCIS S. HALL1NAN, ESQUIRE Attorney for Plaintiff JUL q6 7003 FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 ORDER AND NOW, this day of ,2003, upon consideration of PLAINTIFF'S MOTION TO AMEND COMPLAINT, it is hereby: ORDERED AND DECREED that SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN is hereby added as party Defendant in the above-captioned matter, and that CHARLES E. COLEMAN is dropped from the record as a party defendant; ORDERED AND DECREED that Plaintiff shall serve the Amended Complaint attached hereto as Exhibit "D" to the within Motion, on the Defendants; and ORDERED AND DECREED that the Office of the Prothonotary amend the caption in accordance with this Order. BY THE COURT: FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., by and through its attorneys, Federman and Phelan, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiff's Motion to Amend Complaint in the above-captioned matter and in support thereof avers the following: 1. On 7/18/02, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, made, executed and delivered a Mortgage upon the premises known as 852 HAMILTON STREET, CARLISLE, PA 17013. 2. On or about 4/30/03, Plaintiff filed an Action in Mortgage Foreclosure naming CHARLES E. COLEMAN as a defendant. Attached hereto, marked as Exhibit "A" is a true and correct copy of the Complaint. 3. Plaintiff subsequently discovered that CHARLES E. COLEMAN died on 12/3/02. 4. Plaintiff contacted the Register of Wills of CUMBERLAND COUNTY and was informed that an Estate has been raised on behalf of Mortgagor CHARLES E. COLEMAN, Estate No. 21-02-1100. Attached hereto, marked as Exhibit "B" is a true and correct copy of the Estate Documents. 5. Upon information and belief, the decedent's surviving heir is SHAUN COLEMAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. Attached hereto, marked as Exhibit "B" is a true and correct copy of the Estate Documents verifying the heir of CHARLES E. COLEMAN. 6. On 5/21/03, Plaintiff was contacted by SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. SHAUN stated that his mother, SUZANNE M. COLEMAN, died on 11/28/02, and his father, CHARLES E. COLEMAN died on 12/3/02. MR. COLEMAN stated that he is the sole surviving heir of CHARLES E. COLEMAN, DECEASED. 7. Byletterdated, 6/lO/O3, PlaintiffattemptedtocontactSHAUNCOLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN, to afford him an opportunity to waive his interest in the mortgaged premises. Attached hereto marked, as Exhibit "C" is a tree and correct copy of Plaintiff's letter. 8. To date, Plaintiff has not received an executed waiver fi.om SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. 9. Pursuant to 20 Pa.C.S.A. 301 (b), "...Legal title to all real estate ora decedent shall pass at his[her] death to his[her] heirs or devisees, subject, however, to all the powers granted to the personal representative". 10. Pursuant to Pa.R.C.P. Rule 1144, the Plaintiff is required to name all real owners of the mortgaged property in actions of mortgage foreclosure. 11. As a result, the proper Defendant is SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. 12. A tree and correct copy of Plaintiff's proposed Amended Complaint is attached hereto as Exhibit "D." WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant its Motion to Amend Complaint. Respectfully submitted, ~ FJ~cis s. e,~Ln~u,~. ESQUW,~ Attomey for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 03-2050 MEMORANDUM OF LAW IN SUPPORT OF PLAIN'rlI~'F'S MOTION TO AMEND COMPLAINT Pursuant to Pennsylvania law, a Plaintiff in Mortgage Foreclosure is required to name as defendants the real owner of the property subject to the foreclosure action. See Pa.R.C.P. Rule 1144. Pennsylvania law further provides that "...Legal title to all real estate of the decedent shall pass at ...death to (the) heirs of devisees, subject, however, to all the powers granted to the personal representative..." 20 Pa.C.S.A. 301 (b). As a result, the proper defendants in an action in mortgage foreclosure involving a decedent are the heirs or devisees, and the personal representative of the estate. Finally, Pa.R.C.P., Rule 1033 specifically provides that: A party may, by leave of court at any time, amend his pleading. The amended pleading may over transacting or occurrences which have happened before or after the filing of the original pleading... In the case sub judicia, Plaintiff initiated its Complaint in Mortgage Foreclosure and named CHARLES E. COLEMAN, as Defendant as required by Pa.R.C.P. 1144. However, Plaintiff subsequently discovered that CHARLES E. COLEMAN is deceased. Because title to real property vests in the heirs of the decedent at the time of death, Plaintiffis obligated to name said heirs as party Defendants to the Complaint in Mortgage Foreclosure. Accordingly, the proper defendant parties in this action are the heirs of CHARLES E. COLEMAN, DECEASED. WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order authorizing the amendment of the complaint. Respectfully submi~ed, FEDERMAN AND PHELAN I;'~,ANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff EXHIBIT "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 ATTORNEY FOR PLAIN'fieF COURT OF COIVEMON PLEAS CIV]~ DIVISION TERM NO. CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FII~i IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRgV1OUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'i-i'I~blPT TO COLLECT A DEET,-BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set fo~h in the following pages, you must take action within t~venty (20) days a~er tiffs Complaint and Notice arc 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 coor~ without fu~her notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or proper~ or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1~ 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 Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Defendant CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN, f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION ORDER AND NOW, this day of ,2003, upon Petition of Steven C. Courtney, Esquire, and the law finn of Godfrey & Courtney, P.C., it is ordered and decreed that the Steven C. Courtney, Esquire, and the law finn of Godfrey & Courmey, P.C., are hereby given permission to withdraw as counsel for the Defendant, Malinda Meehan. BY THE COURT: Godfrey & Courmey, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717} 540-3900 Attorney for Defendant CREDIT BASED ASSET SERVICING : AND SECURITIZATION, : Plaintiff : VS. : ._ MALINDA S. MEEHAN, f/k/a/MALINDA : S. RASMUSSEN and CHARLES : MEEHAN or OCCUPANTS, : Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION PETITION TO WITHDRAW APPEARANCE AND NOW, Defendant's Counsel, Steven C. Courtney, Esquire, hereby respectfully petition this Honorable Court pursuant to Pennsylvania Rule of Civil Procedure 1012(b) for leave to withdraw as counsel for Defendant and, in support thereof, aver as follows: 1. On or about November 13, 2002, Defendant retained the undersigned for purpose of preparing and filing a Chapter 13 Bankruptcy petition. 2. An Answer was prepared and filed by the undersigned relative to the mortgage foreclosure action instituted by Plaintiff. 3. A Chapter 13 Bankruptcy petition was filed on or about December 7, 2002. 4. On or about April 14, 2003 an Order was entered dismissing the Defendant's bankruptcy petition as a result of her failure to attend the required 341 meeting. 5. Due to recent events, communications have broken down between Defendant and Petitioner since the beginning of the year. Moreover, Defendant has refused to cooperate and communicate with Petitioner making Petitioner's representation unreasonably difficult. 6. Petitioner, in accordance with their ethical obligations, has performed the required legal services on behalf of Defendant. 7. Pennsylvania Rule of Civil Procedure No. 1012 provides that an attomey's appearance for a party may not be withdrawn without leave of Court unless another attorney has entered or simultaneously enters an appearance for the party and the change of the attorneys does not delay any stage of the litigation. 8. Petitioner has rendered certain legal opinions on various aspects of Defendant's case and Petitioner expressly states the attorney/client privilege and will not divulge in the context of this Petition the legal opinions which were provided to Defendant. 9. Defendant has been provided with a complete copy of her file. 10. Pennsylvania Rule of Professional Conduct 1.16 provides, in pertinent part, that a lawyer may withdraw if the client has rendered the representation unreasonably difficult. 11. Petitioner's representation has become unreasonably difficult because Defendant has failed to reply to Petitioner's correspondence and telephone calls and Defendant has failed to communicate with Petitioner. Petitioner has communicated to Respondent its intention of withdrawing as 12. counsel. 13. A withdrawal of counsel at this point will not delay the litigation as long as the Court instructs the Defendant to immediately retain other counsel. Petitioner will cooperate with any newly retained counsel in ensuring that they have the necessary documents. 14. There will be no prejudice to Defendant under the circumstances since she will have adequate time to retain new counsel to represent her. WHEREFORE, Petitioner, Steven C. Courtney, Esquire of Godfrey & Courmey respectfully requests that this Court grant its Petition for Leave to Withdraw its appearance in this action. Dated: Respectfully Submitted, GODFREY & COURTNEY, P.C. By ~ ,/~ pS__quire Harrisburg, Pennsylvania 17112 717.540.3900 VERIFICATION I, Steven Courtney, Esquire, of the law firm of Godfrey & Courmey hereby certify that I have read the foregoing document and believe it to be tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Steven C. Co~fi~~ Date: Godfrey & Courmcy, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 1717) 540-3900 Attorney for Defendant CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN, f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION CERTIFICATE OF SERVICE this dayo certify that I served a copy of the within Petition To Withdraw Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Barry Kronthal, Esquire P.O. Box 932 Harrisburg, PA 17108 Malinda Meehan 519 Hamilton Street Carlisle, PA 17013 Steven Court~ey --~ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OI~'I~ICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN AI-fOI~NEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attomey For Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2050 CHARLES E. COLEMAN CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Court Order dated, 7/18/03 issuing a Rule Retumable regarding Plaintiff's Motion to Amend Complaint, was sent via first class mail to the following on the date listed below: SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN, DECEASED 905 BEAN AVENUE KILGORE, TX 75662 FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 Ste. 1400/One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION NO. 03-2050 CUMBERLAND COUNTY ORDER AND NOW, this day of ,2003, ~apon consideration of Plaintiff's Motion to Make Rule Absolute and the underlying Motion to ganend Complaint, it is hereby ORDERED and DECREED that Plaintiff's Motion dated 7/14/03 amending the Complaint is GRANTED; and ORDERED and DECREED that Plaintiff may file and serve upon Defendants an Amended Complaint in the form attached to Plaintiff's Motion as Exhibit "D". By the Court: FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALL1NAN, Esquire ATTORNEY I.D. #62695 Ste. 1400/One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. CHARLES E. COLEMAN ATTOi~dqEY FOR PLAINTIFF COURt OF COMMON PLEAS CiVIL DIVISION NO. 03-2050 CUMBE1LLAND COUNTY PLAINTIFF'S MOTION TO MAKE RULiE ABSOLUTE 1. On or about 2/14/03, Plaintiff filed a Motion to Amend Complaint. A true and correct copy of the Motion is attached hereto, made part hereof, and marked as Exhibit "A". 2. By Order dated 7/18/03, the Honorable Court entered a Rule to Show Cause. A tree and correct copy of the Court's 7/18/03 Order is attached hereto as Exhibit "B". 3. The Rule to Show Cause was served upon Defendants by Certificate of Service dated, 7/23/03. As evidenced by Plaintiff's time-stamped Certification of Service of the Rule to Show Cause, a true and correct copy of which is attached hereto as Exhibit "C". 4. As the Rule to Show Cause dated, 7/18/03 has passed, and Plaintiff has not been served with any response to the Motion, Plaintiff respectfully requests that the Honorable Court make the Rule absolute. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order making the Rule absolute and amending Plaintiff's Complaint. Dated: FEDERMAN .AND PHELAN Francis S7 Hallinan, E~q~fe Attorney for Plaintiff VERIFICATION Francis S. Hallinan, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best o:~'his knowledge, information and belief. The undersigned understands that this statement hereto is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. Dated: FEDERMAN AND PHELAN S. ]ialliha~,~;~uire Attorney for Plaintiff EXHIBIT "A" FEDERMAN AND PHELAN, L.LP. Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-5534 Jennifer. Redling~fedphe-pa. com Jennifer Redling Legal Assistant Representing Lenders in Pennsylvania and New Jersey July 14, 2003 OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 FILE COPY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. CHARLES E. COLEMAN NO. 03-2050 Ladies and Gentlemen: Enclosed for filing and lxansmittal to the assigned Civil Signing Judge for execution, please find PlaintiWs Motion to Amend Complaint and proposed Order. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting amendment of the complaint, which should be signed by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Legal Assistant FEDERMAN AND PHELAN, LLP BY: Francis S. Hallman, Esquire Identification No. 62695 One Peon Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 ORDER AND NOW, this day of ,2003, upon consideration of PLAINTIFF'S MOTION TO AMEND COMPLAINT, it is hereby: ORDERED AND DECREED that SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN is hereby added as party Defendant in the above-captioned matter, and that CHARLES E. COLEMAN is dropped from the record a~ a party defendant; ORDERED AND DECREED that Plaintiff shall serve the Amended Complaint attached hereto as Exhibit "D" to the within Motion, on the Defendants; and ORDERED AND DECREED that the Office of the Prothonotary amend the caption in accordance with this Order. BY THE COURT: FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN Attorney For Plaintiff COURT OF COMMON PLEAS crv'H. DIVISION CUMBERLAND COLrNTY NO. 03-2050 PLAII~'I'I~'10"S MOTION TO AMEND COMPLAINT Plaintiff, MORTGAGE ELECIRONIC REGISTRATION SYSTEMS, INC., by and through its attorneys, Federman and Phelan, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiff's Motion to Amend Complaint in the above-captioned matter and in support thereof avers the following: I. On 7/18/02, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, made, executed and delivered a Mortgage upon the premises known as 852 HAMILTON STREET, CARLISLE, PA 17013. 2. On or about 4/30/03, Plaintiff filed an Action in Mortgage Foreclosure naming CHARLES E. COLEMAN as a defendant. Attached hereto, marked as Exhibit "A" is a tree and correct copy of the Complaint. 3. Plaintiff subsequently discovered that CHARLES E. COLEMAN died on 12/3/02. 4. Plaintiff contacted the Register of Wills of CUMBERLAND COUNTY and was informed that an Estate has been raised on behalf of Mortgagor C~ES E. COLEMAN, Estate No. 21-02-1 I00. Attached hereto, marked as Exhibit "B" is a tree and correct copy of the Estate Documents. 5. Upon information and belief, the decedent's surviving heir is SHAUN COLEMAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. Attached hereto, marked as Exhibit "B' is a true and correct copy of the Estate Documents verifying the heir of CHARLES E. COLEMAN. 6. On 5/21/03, Plaintiff was contacted by SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. SHAUN stated that his mother, SUZANNE M. COLEMAN, died on 11/28/02, and his father, CHARLES E. COLEMAN died on 12/3/02. MR. COLEMAN stated that he is the sole surviving heir of CHARLES E. COLEMAN, DECEASED. 7. By letter dated, 6/10/03, Plaintiffattempted to contact SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN, to afford him an opportunity to waive his interest in the mortgaged premises. Attached hereto marked, as Exhibit "C" is a true and correct copy of Plaintiff's letter. 8. To date, Plaintiffhas not received an executed waiw~r from SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. 9. Pursuant to 20 Pa.C.S.A. 301 (b), "...Legal rifle to all real estate of a decedent shall pass at his[her] death to his[her] heirs or devisees, subject, however, to all the powers granted to the personal representative". 10. Pursuant to Pa.R.C.P. Rule 1144, the Plaintiffis required to name all real owners of the mortgaged property in actions of mortgage foreclosure. 11. As a result, the proper Defendant is SFIAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. 12. A true and correct copy of Plaintiffs proposed Amended Complaint is attached hereto as Exhibit "D." WHEREFORE, Plaintiff respectfully requests your H(momble Court to grant its Motion to Amend Complaint. Respectfully submitted,. F/RANCIS $. H.k~LI~rAN. ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN. LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. I)3-2050 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND COMPLAINT Pursuant to Pennsylvania law, a Plaintiff in Mortgage Foreclosure is required to name as defendants the real owner of the property subject to the foreclosure action. See Pa.R.C.P. Rule 1144. Pennsylvania law further provides that "...Legal title to, all real estate of the decedent shall pass at ...death to (the) heirs of devisees, subject, however, to all the powers granted to the personal representative..." 20 Pa.C.S.A. 301 Co). As a result, the proper defendants in an action in mortgage foreclosure involving a decedent are the heirs or devisees, and the personal representative of the estate. Finally, Pa.R.C.P., Rule 1033 specifically provides that: A part>, may, by leave of court at any time, amend his pleading. The amended pleading may over macring or occurrences which have happened before or after the filing of the original pleading... In the case sub judicia, Plaintiff initiated its Complaint in Mortgage Foreclosure and named CHARLES E. COLEMAN, as Defendant as required by Pa.R.C.P. 1 144. However, Plaintiff subsequently discovered that CHARLES E. COLEMAN is deceased. Because title to veal pvoper~y ve~ts {n the beir~ of the decedeot at the time of death Pl~mfiffis obligated to name said heirs as party Defendants to the Complaint in Mortgage Foreclosure. Accordingly, the proper defendant parties in this action are the heirs of CHARLES E. COLEMAN, DECEASED. WHEREFORE, Plaintiffrespectfully requests this Ho~mrable Court enter an Order authorizing the amendment of the complaint. Respectfully submitted, FEDERMAN AND PHELAN FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff EXHIBIT "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. i'4o. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE pENN CEN 11zR PLAZA, SOIl la 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SURD: 350 MCLEAN, VA 22102 Plaintiff CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 ATI'ORNEY FOR PLAINt t~ COURT OF COMMON PLEAS CIVIL DMSION TERM NO. CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COM~PLAINT IN MORTGAGE FORECLOSURE NOTICE **Tills FIRM IS A DEBT COLLECTOR ATrEMFI'~NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECeIVeD A DISCHARGE IN BA~NKRUPTCY AND THIS DEBT WAS NOT R,F~kFFH~MED, THIS CORRESPONDFaNCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATrEMPT TO COLLECT A DEi~F,-BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend agains~ the claims set forth in the following pages, you must take action w/thin twen~ (20) days after tiffs Complaint and Notice are served, by entering a wr/t~en appemance personally or by attorney and filing/n 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. ~ERLAND COUNTY' CUMB~ COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF 'tHIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN A~TOI~NEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiffis MORTGAGE ELEufRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: GMAC MORTGAGE CORPORATION 500 EI~'I'ERPRISE ROAD, SUrI'Ir 150 HOP, SHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 o who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/18/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAIIqTIFF which mortgage is recorded in thc Office of the Recorder of CLrM]3ERLAND County, in Mortgage Book No. 1767, Page 1234. The premises subject to said mortgage is described as anached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1 I/01/2002 and each month thereafter ave due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Tmercst l 0/01/2002 through 04/29/2003 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Tide Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 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. ffthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAIN 1 lt'~- demands an in rem Judgment against the Defendant(s) in the sum of $102,589.84, together with interest f~m 04/29/2003 at the rate of $18.66 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. FEDERMPaN AND PHELAN, LLP By:. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHE:LAI~, ESQUIRE FR2MNCIS S. 14_ALLINAH, ESQUIRE Attorneys for Plaintiff ALL. that c~teln tract, of land with jmprovemant~ 'J~ereon situate ;n the ~if~ Ward of the Elo~u'gll ~: CadL~e, ~mbertand County, pennsylvania, bounded and described BEC~NNIN-~ at a point at the northwestern corner of Hamilton Street and ~s of 170 feM. an a~ d~nca o~ 50 fee[ to a ~in~ ~en~ along land ~ te~e~ of C~g ~ Myem and wife, NG~ 30 d~re~s 16 minutes West, a distance of ~17.01 f~l ~ a ~'in~ ~e~e ~o~ land n~ or focally of C.W. A~e~fl and No~ 75 d~mes ::8 ~ut~ ~ se~nds ~sL a dis~nce of 111.G1 feet ~ a ~ on ~e w~ ~e of ChaHes S~et: ~ence along ~e line of Chades S~et. So~ d~r~es ~ m~ute= 40 s~nds ~asC a ~istance o~ 17 teat to a poin~ ~en~ along c~lrye to ~'e lair having a radius of 227.37 feet. an arc distance of 4~.§2 feel: to a point: U~enc~ sill along ttla same. Soufl~ 26 degrees 57 minutes East. a distance of ~2.75 feel: to a point at the northwestern comer of Charles Street and Hami]ton Street, the of BEGINI ~]H~- BEING all of Lot No. 1:2 and a portion of !Lot ,No. 13 of =--[~c~< 'D' in t,he ?.an of a Potion of Hamilton Oevelopment as recorded in the Cumberland County Recorder of Deeds Offce in Plan Book 11, Page 36. H~',~IG e~'~ted thereon a dwelling known as 852 I-~amliton Street. Carlisle. 17013. VERn:ICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this matter, that she is - . authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Fo~closurc are true and correct to thc best of her knowledge, information a~d belief. The undersigned understands that ~ statement is made subject to thc penalties of 18 Pa. C.S. Sec. 4904 rchting to unsworn falsification to authorities. DAT : EXHIBIT "B" PETITION FOR PROBATE and GRANT OF LETTERS , Deceased. Social Security No. 1'7, The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the exccm t~ ~O in the last will of the above decedent, dated and aeneid) dated ~t'-,~. t. ,.~e-~,~,~ I~a/nod.~ ~ PT"=u ~'~ ; ~ ~o. ~!- O~- T~: Register of Wills for tl)¢ County of ~tA~nb~la4t~/ in the Commonwealth of Pennsylvania named ,19.__ h Deceadent was domiciled at death in O-_.c,r,-,' h~*- [,a,.,d Cotlgty, Pennsylvania, with last family or principal residence at (li~ ~tta't, nmba' a~d muncipality) Deco.lent. thru ~ y~, of age, d~ ~c..~ , ~ ~t ~ foHows, d~t did not m~, w~ not ~vorc~ ~d did not have a c~d bo~ or adopt~ ~t~ ~fion of the ~ off~ for ~obate; w~ not ~e vi~ of a kiUing ~d w~ n~ adjudicat~ incom~t: Decendent at death owned prope~y with esthnated values as follows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $. (If not domiciled ia Pa.) Personal property in County Value of real e~tate in Pennsylvania $. situated as follows: WHEREFORE, petitioner(s) respectfully requeat(s) the probate of the last will and codicil(s) presented herewith and the grant of letters ~:s'w,~ m~n'a-aa,, the.TOU. (testamentary;, ad~aJnisttafion c.t.a.; adnfini~a'afion d.b.n.c.t.a.) OATH OF'PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA .COUNTY OF Cnmbalflc~ . f The petitioner(s) above-named swea~(s) or affirm(s) that the statements in the foregoing petition are tr~e and correct to the be~t of thc knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petilionerts) will weil and truly administer the estate according to law. Swora to or afC ed and sub.bed before me this 5/'h day of ] ~ No. o91-O~.- Itoo , Deceased DECREE OF PROBATE AND GRANT OF LETI~.RS DECEMBER 5t 2002 AND NOW the r~verse side h~reof, satisfactory proof ha~dng be~n presented before me, IT IS DEC~!:I:D that the insLrument(s) dated 11-01-2002 described therein b~ aclm/tt~ to ~obate and f'fled of record as the ~ast ~ of CHARLES E COLEMAN and Le~e~ TESTAMEN,~KRY 19 .. in consideration of the petition on ~h~eby~tedto SHAUN PAUL COLEMAN FEES Probate, Lette~, Etc .......... $ 18.00 Sho~ Ceni~cater~ ) .......... $ 3.00 R~unciadon ................ $ 5.00 jcp $ 10.00 A'ITrORNEY (Sup. Ct. I.D. No.) TOTAL $. 3 6.00 12-5-2002 exec waited and received 1225-2002 PHONE R~NUNCiATION To the Register of Wills of (~ dc;,? d'~{'~l tq~'O County, Pennsylvania. Th~undmi~ed ~ fl 'IH ,~?A~ l_ ~'~It~Ft?H,, ~' ~cEC~-~ttA of the above ~rJ_ e~t, hereby renounce(s) tl~ right to aclmlni~a' the ~-tate and re~l~ctfully ask(s) that L~tter~ b~ i~ued to WITNESS (Addr,~) {Add.ss) LAST WILL AND TESTAMENT OF CHARLES ELMER COLEMAN I, CHARLES ELMER COLEMAN, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking ail wills and codicils at any time heretofore made by me. I am retired from the m/litary service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inbefitancc and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: It is my desire that. upon my death, I be buried with full military honors at American Military Cemetery, Madinglcy, Cnmbridgeshire, England. THIRD: I give all real estate owned by me at thc time of my death, and all rights that I have under any related insurance policies, to my wife S~ MARGARET COl-h-MAN, if she survives me. FOURTH: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vchicles, together with all insurance policies relating thereto, to my wife SUZANI'~ MARGARET COLEMAN, if she survives me, or if she does not survive me, to my son gHAUN PAUL COLEMAN, if he survives me. lqlCJtlt: I give all thc rest. residue and renm/ndcr of my property and estate, both real and peraonal, of whatever kind and wherever located, that I own or to which ! .~:hall be in any manner entitled at the t/me of my death (collectively referred to as my "residua~ estate"), as follows: (a) If my wife SUZANNE MARGARET COLEMAN survives m,.', to my wife outright. (b) If my wife does not survive me, then to my son if be survives me, or if be does not survive me to any then living issue of my son, per stirnes. (c) If my wife does not survive me and there shall be no is~ne of mine then living, I give my residuary estate to those who would take from me az ifl were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Penusylvnnia. SIXTH; If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal represcntafive of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the per,on or persons with whom the beneficiary resides. Evidence of any such disuibufion or the receipt therefor executed by the person to whom the dislribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a miner, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers de,wibed in Article EIGHTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and disrxibuted to the estate of the beneficiarlt. SEVENTH: I appoint my wife SUZANNE MARGAR~ET COLEMAN m be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Exacmor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint KATHRYN L. GtL~'I:(IH as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other secttrity in any jorisdictio6. EIGHTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Eatams and Fiduciaries Code, as amended, or any successo~r thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any prop,nty to secure loans; to divide and disu'ibute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ at~oroeys, acnountanm and other persons for services or advice. The term 'Executor' wherever used herein shall mean the executors, executor, execuuix or adminisU'ator in office fi.om time to time. NINTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary sm'rives me by more than thirty days. TENTH: I have served in the Armed Forces of the 'United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affaL-s officer at the nearest military installation, the DepatUnent of Veterans Affah's, and the Social Security AdminisU'ation. ELEVENTH: Except as otherwise provided in this will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide .in the will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. If any person named as a beneficiary under this will institutes a will contest, acts as a party to a will contest initiated by someone else, or aids and ahe~ anyone instituting a will contest, I direct that any bequest, devise, or share of my residuary estate that would otherwise go to that person shall lapse, as if he had predeceased me. TWELKI'I't: I may leave a letter of intent with the executed copy of this will for the purpose of giving guidance to my Executor concerning the diswibution or sale of cer~n items of my property. I request, but do not require that my Executor honor my wishes therein expressed. This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and insU-uctions, by Captain Robert E. SamUelsen II, U.S. A~rrny, who is lic6nsed to practice law in the State of Minnesota. IN WITNESS WHEREOF, I, CHARLES ELMER COLEMAN, sign my name and publish and declare this instrument as my last will and testament this 1st day of :qovemher, 2002. I also have affixed my signature on the bottom of each of the preceding pages hereof. CHARleS ET MER ,COLEMAN The foregoing instrument was signed, published and declared by CHAILLES ELMER COLEMAN, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names having an address at having an ad2;~e)ss at , ACKNOWLEDGMENT AND AI~IqDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERL~2qD, ss. ...... ~o_~gb- A/_~"-~/z~ ~ ~_ ........ the ~-,~,o, ~d ~e wi,a~s~ ~,peca,e,y, w,os~ names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, CHARLES ELMER COLEMAH, signud and executed said ins{~'ument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he ex~cuted it as his flee and voluntary act and deed for the purposes {herein expressed, and that each of the wimesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as wilness, and thai to {he best of his or her kaowledg¢ thc Testator was at the time at luast eighteen yeats of age, of sound mind and under no cons~'aint, duress, fraud or undue influence. :MER COLEMAN J Witness- ~ Subscribed, sworn ~o and ack~owladged b~fore me by the said ~I.{~$ ELMER COLEMAN, Testator, and subscribed and sworn to before me by the abov$-named witnesses, ~is 1st day of November, 2002. ~ - ' l'~otary Public - - My commission expires on EXHIBIT "C" FEDERMAN AND PHELAN, L.LP. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Jennifer. Redling~fedph e-pa. com Jennifer Redling Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey Shaun Coleman, Executor And Sole Devisee of the Estate Of Charles E. Coleman 905 Bean Avenue Kilgore, TX 75662 F,,r ^ Ov RE: CHARLES E. COLEMAN; 852 HAMILTON STREET, CARLISLE, PA 17013 GMAC MORTGAGE CORPORATION; NO. 600397215 Dear Mr. Coleman: Kindly be advised that the Law Offices of Fed¢,man and Pbelan represent MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, the holder of the mortgage against the above-r~ferenced mortgaged premises. The loan is in default as payments due 11/1/02 and each month thereaRer remain due and unpaid. Our office has been r~tsined to bring a foreclosure action. Our office has been informed of CHAI~I.~$' unfortunate death. We are sorry for your loss. As you are the sole devisee of CHAR f-F,S E. COt.h'MAN, you were automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S=a.. §301Co). Accordingly, it will be necessary to bring a foreclosure action against your interest in the propew/. Th~s letter serves to afford you an opportunity to waive your interest in the mortgaged pre, J,ises. Please find attached a Waive~ of Interest which I would appreciate your executing and returning to the undr.~signed within .fi~tl~.L4~ of the date of th/s co~ndence. If the Waiver is timely retm'ned it will not be necessary to name you as a Defendant in the foreclosure action. If, however, the Waiver is not timely returned, our office will procc~l to name you as a Defendant. * This firm is a debt collector. Any information we receive will be used for that purpose. If your ,p~. _e~_n.ai liability for the d?t has been discharged in bankruptcy, we are only proceeding against It Will. however, be necessary to name you, SHAUN COLEMAN, as a defendant in the foreclosure action in your capacity as Executor of the Estate as required by the Permsylvania Rules of Civil Procedure. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000, Ex. 1212. Very truly yours, Legal Assistant * This firm is a debt collector. Any information we receive will b~ used for that purpose, ffyour personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. FEDERMAN AND PHELAN, LIP By: Francis S. Hallinan Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff MORTGAGE EleCTRONIC REGISTRATION SYSTEMS, INC. ESTATE OF CHARLES E. COI'.F~, DECEASED WAIVER OF INTEREST IN MORTGAGED PREMISES BY HEIR OF DECEASED OWNER In consideration for not being named as a Defendant in a foreclosure action, the undersigned, devisee ofCHART.~S E. COLEMAN, hereby waiv~ any and all interest he may have in the premises located at 852 HAMPTON STREET, CARLISLE, PA 17013, which property was owned by the Decedent at the time ofh/s death, and hereby consents to legal action without any further notice of institution or legal proceedings of Sheriff's sale. I und¢~tand that it is Plaintiff's intention to name mo as a Defendant in the foreclosure action in my capacity as. Executor of the Estate only. Date: Shaun Coleman, Devisee Of the Estate of Charles E. Coleman, Not in my capacity as Executor of the Estate * Tiffs firm is a debt collector. Any information we rece/vc will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "D" FEDERMAN AND PHELAN, LLP By: FR2MN'K. FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENffiR PLAZA, SIJi'I I~ 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAIN'III-~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Vo Pl~ntiff ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 NO. 03-2050 CUMBERLAND COUNTY Defendant(s) AMENDED CIVIL A(:IION - LAW COMPLAINT l]~ MORTGAGE FORECLOSURE NOTICE **TUlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Itt YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT RF..,AI,'p'mMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'rl ~PT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGA/NST PROPERTY. ** You have been sued in Court. If you wish to defend a~ina 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 wriRen appearance personally or by attorney and filing in writing with the court yot~ 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 fights 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 OP~=ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CI.IMB~ COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVEHUE CAPHgLE, PA 17013 (717) 249-3166 IF THiS IS THE ~IRST NOTICE THAT YOU HAVE RECEIVED FROM -rm$ O~'~'ICE, BE ADVISED THAT: · PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U~.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING ~ 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 VvTI'HIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION V*TFHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFl'ER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE. DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE ()UR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT ~ DEBT ~ WE'MAIL THE~ REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. MORTGAGE ELEt;I I~ONIC REGISTRATION SYSTEMS, llqC., AS NOM]lq'EE FOR GMAC MORTGAGE.CORPORATION 8201 GREENSBORO DRIVE, SDl'rl~ 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE AND ALL ~ AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 who is/are the real owner(s) of the property hereina~er described. On 07/18/2002 mortgagors, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, made, executed and delivered a mortgage upon the premises hereinafter described to PLAII~'flI'I" which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1767, Page 1234. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due I 1/01/2002 and each month thereafl~er are due arid 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. 9. 10. 11. The following amounts are due on the mort~ge: Principal Balance Inter~st 10/01/2002 through 04/29/2003 . (Per Diem $18.66) Attorney's Feea Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 E$gtow Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 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. ffthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action docs not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-oocupied. Mortgagor, CHARLES E. COI.gMAN, died on 12/3/02, leaving a will dated 11/I/02, wherein he appointed SUZANNE M. COLEMAN, DECEASED, as his Executrix. By Renunciation dated 12/5102, KATHRYN L. GRiI'PIIPI rerlounced her righta as alternate Executrix of the Estate. Letters Testamentary were granted to SHAUN COLEMAN on 12/5/02 in CUMBERLAND County, No. 21-02-1100. l)ecedent's surviving heir at law and next-of-kin is defendant, SHAUN COLEMAN. Plaintiffhereby releases SUZANNE M. COLEMAN from liability for the debt secured by the mortgage. 12. Defendant, SHAUN COLEMAN, has been named in accordance with Pa R.C.P. 1144(aX2), in order to divest the equitable interest in the prcnfises and has no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINI'I~I' demands an in ~m Judgment against the Defendant(s) in the sum of $102,589.84, together with interest from 04/29/2003 at the rate of $18.66 per diem to the date of Judgment, and other costs and ~:harges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP LAWRJ~ICE T. PHELAN, ESQUIRE FRANCIS S. HALLIN,~I, ESQUIRE Attorneys for Plaintiff VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Motion to Amend Compla'mt are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. FEDERMAN AND PHELAN 4:RANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallman, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For PlaJmtiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 CERTIFICATION OF SERVICE I hereby certify a tree and correct copy of the foregoing Plaintiff's Motion to Amend Complaint was served by regular mail on Defendant (s) on the date listed below: Date SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 PRANCIS S. HALLINAN, ESQUIRE Attomey for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMRqEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUfI'E 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 NO. 03-2050 CUMBERLAND COLrNTY Defendant(s) AMENDED 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 REMs'FIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED 'lO 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 aga'mst the claims set forth in the following pages, you must take action within twenty (20) days at, er 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 tither 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#:600397215 1~ THIS IS THE FIRST NOTICE THA~' YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION TItEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFYER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, TIlE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Loan #:600397215 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUII'E 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 who is/are the real owner(s) of the property hereinafter cleseribed. On 07/18/2002 mortgagors, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CIJMBERLAND County, in Mortgage Book No. 1767, Page 1234. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments o fprincipal and interest upon said mortgage due 11/01/2002 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. Loan #: 600397215 9. 10. 11. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. Mortgagor, CHARLES E. COLEMAN, died on 12/3/02, leaving a will dated 11/1/02, wherein he appointed SUZANNE M. COLEMAN, DECEASED, as his Executrix. By Renunciation dated 12/5/02, KATHRYN L. GRIFFITH renounced her rights as alternate Executrix of the Estate. Letters Testamentary were granted to SHAUN COLEMAN on 12/5/02 in CUMBERLAND County, No. 21-02-1100. Deeedent's surviving heir at law and next-of-kin is defendant, SHAUN COLEMAN. Plaintiffhereby releases SUZANNE M. COLEMAN from liability for the debt secured by the mortgage. Loan #: 600397215 12. Defendant, SHAUN COLEMAN, has been named in acccn:dance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest in the premises and has no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTII~F demands an in rem Judgment against the Defendant(s) in the sum of $102,589.84, together with interest fi.om 04/29/2003 at the rate of $18.66 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. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHEL~N, ESQUIRE FRANCIS $. HALLINAN, ESQUll~ Attorneys for Plaintiff? Loan #: 600397215 EXHIBIT "B" MORTGAGE ELECTRONIC : REGISTRATION SYSTEMS, INC.,: Pl~'mt'lff VS. CHARLES E. COLEMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2050 CML CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION TO AMENI) COMPLAINT ORDER AND NOW, this ~' day of July, 2003, a role is issued on Shaun Coleman, Executor and Devisee of the Estate of Charles E. Coleman, to show cause why the relief requested in the within motion to amend complaint ought not to. be granted. This role returnable twenty (20) days after service. BY THE COURT, Hess, J. EXHIBIT "C" FEDERMAN AND PHELAN, LLP BY: Francis S. Hallin.an, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. y For P1 i tiff COURT OF COMMON PLEAS CML DIVISION CHARLES E. COLEMAN NO. 03-2050 CUMBERLAND COUN'I~ CERTIFICATION OF SERVICE I hereby certify that a tree and correct copy of Court Ch'der dated, 7/18/03 issuing a Rule Returnable regarding Plaintiff's Motion to Amend Complaint, was sent via first class mail to the following on the date listed below: SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN, DECEASED 905 BEAN AVENUE KILGORE, TX 75662 Dated: ?- Tddg 'Francis S. Hallinan, E~/quire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 Ste.1400/One Penn Center at Suburban Station Philadelphia, PA 19103 ~215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN ATTORNEY FOR PLAINTIEF COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2050 CUMBERLAND COUNTY CERTIFICATION OF SERVIC_.E I hereby certify a true and correct copy of Plaintiff's Motion to Make Rule Absolute regarding the underlying Motion to Amend Complaint was served by regular mail on Defendant(s) on the date listed below: SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 DATE: JFmncis S. Hallinan, E'gqu / Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 Ste. 1400/One Penn Center at Suburban Station Philadelphia, PA 19103 ooo. MORTGAGE ELECTRONIC REGISTRATION sYSTEMS, INC. cHARLES E. COLEMAN ATTORNEY FOR PLAINTIFF coURT OF coMMON PLEAS CWIL DIVISION NO. 03-2050 cUMBERLAND coUNTY ORDER AND NOW, this 2 ~/* day of t'-iW~'~ ,2003, upon consideration of Plaintiff's Motion to Make Rule Absolute and the underlying Motion to Amend Complaint, it is hereby oRDERED and DECREED that Plaintiff s Motion dated 7/14/03 amending the Complaint is GRANTED; and oRDERED and DECREED that Plaintiff may file and serve upon Defendants an Amended Complaxnt m the form attached to Plmntfff s M°tx°n a ' Exhibit D" By the Court: / FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIV1L DIVISION TERM Plaintiff ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 NO. 03-2050 CUMBERLAND COUNTY Defendant(s) AMENDED CML ACTION - LAW COMPLAINT 1N 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 thc 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 thc court your defenses or objections to thc claims set forth against you. You are warned that if you fail to do so thc case may proceed without you and a judgment may be entered against you by thc 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 #: 600397215 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Loan #: 600397215 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE K1LGORE, TX 75662 who is/are the real owner(s) of the property hereinafter described. On 07/18/2002 mortgagors, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, 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. 1767, Page 1234. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 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. Loan #:600397215 9. 10. 11. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 Escrow Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. Mortgagor, CHARLES E. COLEMAN, died on 12/3/02, leaving a will dated 11/1/02, wherein he appointed SUZANNE M. COLEMAN, DECEASED, as his Executrix. SUZANNE M. COLEMAN predeceased CHARLES E. COLEMAN on 11/28/02. By Renunciation dated 12/5/02, KATHRYN L. GRIFFITH renounced her fights as alternate Executrix of the Estate. Letters Testamentary were granted to SHAUN COLEMAN on 12/5/02 in CUMBERLAND County, No. 21-02-1100. Decedent's surviving heir at law and next-of-kin is defendant, SHAUN COLEMAN. Plaintiff hereby releases SUZANNE M. COLEMAN from liability for the debt secured by the mortgage. Loan #: 600397215 12. Defendant, SHAUN COLEMAN, has been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest in the premises and has no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,589.84, together with interest from 04/29/2003 at the rate of $18.66 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. FE_.D~ERMAN AND PHELAN, LLP ~tlL~NK F~DERMA/q, ES(~I~E-' '~" /LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 600397215 ALL that ¢~rtain t~ct of land with improvements thereon situate in the Fifth Ward of the Borough o~' Carlisle, Cumberland County, Pennsylvania. bounded and desc. dbed as follows: BEGINNIN,~ at a point at the northwestern corner of Hamilton Street and Charles Street as the same appears on the hereinafter mentioned plan of lots; thence along th~ norther't line of Hamilton Street, South 63 degrees 03 minutes West, a d/stance of 44.80 lest to a point; thence along the same by a cur~e to the left having a ~adius of 170 feet an arc distance of 50 feet to a point; thence along lend now or ~'ormeHy of Caf'roll E. Myers and wife, North 30 degrees 16 minutes West, a distance of '~ 17'.01 feet to a pt.iht; thence along land now or formedy of C.W. Anderson and wife, ~lorth 7'5 degrees ~:8 minutes ~;0 seconds East, a distance of 111.61 feet to a point on tl'~e western line of Charles Street; thence along t~e line of Charles Street, South 15 degrees 22 rsinute-~ 40 seconds Bast. a distance of 1'/' feet to a point; thence along the curve to fl'e le~ having a radius of 22.7.37 feet. an arc distance of 45.92 teat to a point; thence stil along the same, South 26 degrees 57 minutes East, a distance of 22..75 feet to a point at the northwestern corner of Charles Street and Hamilton Street, the Place of BEGINI,IING, BEING all of Lot No. 12 and a portion of Lot No. 13 of Block "D" in the P!an cf a Portion of Hamilton Development as recor~:~ed in the Cumbedand County Recorder of Deeds Offce in Plan Bock 11, Page 38. HA'/ING erected thereon a dwelling known as 852 Hamilton Street, Carlisle, Pennsylvania 17013. VERIFICATION Robert Lelli 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 unswom falsification to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02050 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA/fD MORTGAGE ELECTRONIC REGISTRATI VS COLEMAN CHARLES E R. Thomas Kline duly sworn according to law, inquiry for the within named DEPENDANT COLEMAN SHAUN EXECUTOR OF ESTATE OF CHARLES E COLEMAN unable to locate Him in his bailiwick. He therefore returns ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was the COMPLAINT - MORT FORE the within named DEPENDANT ESTATE OF CHARLES E COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 852 HAMILTON STREET CARLISLE IS VACANT. , NOT FOUND , COLEMAN SHAUN EXECUTOR OP as to Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 g R. Thomas KIine Sheriff of Cumberland County FEDERMAN & PHELAN 09/30/2003 Sworn and subscribed to before me this ~,,-W day of~a~-~ A.D. n%ary PLAINTIFF DEFENDANT SERVE AT: RU$ AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMs, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION NO. 03-2050 ESTATE OF CHARLES E. COLEMAN, BHAUN COLEMAN, EXECUTOR, DEVISER AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN TYPE OF ACTION _XXMortgage Foreclosure 905 BEAN AVENUE XX Civil Action KILGORE, TX 75662 _ Se~ve~ a~d made known to ~-A~.~-~ /~/~ ...... ' eren~an~ o~ the ~- da~, ~ ~- o'clock, ~_. M ~ at O~~- ~~ ~,~ 20O~ at I~' ZO ' ' V .... Czty in the ma~ ~: ~ ue~en~ant personally served. ~ u=UCrlDe~ below: _ Adult family me~er with whom Defendant(s) reside(s) Relationship is - Adult in charge of Defendant,s residence' who refused to give ~ame/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant,s office or Usual place of ~usiness. ~ompany. and officer of said defendant Other: I'~M ~//-W~ , a competent adult, being duly swot accordin' to law, depose and ~tate that I personally handed ~ L. a tr~e and correct copy of the ~ ~z~/~cm~ above. iss6ed in the captioned case on the ~ate ah a~ the addres~ ~ndicated Sworn to and s~cribed Bef~e mq this ~ day On the ~-u ...... ~..~. ~RV~ ~ ~ __.M., Defendant NOT FOX'because: 20__, at o'clock Other~ Moved __ Unkno~ No ~swer Vacant Sworn to and subscribed Before me the day Of 20__. Notary: By: ATT~~ITiFF FRANK FEDERMAN, ESqUiRE - I.D-#12248 Suite 1400 One Penn Center Plaza at Suburban Station P/filadelphia, PA 1910~-1799 (215)563-7000 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215l 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2050 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN, 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 from 4/30/03 to 2/9/04 TOTAL $102,589.84 $ 5,336.76 $107,926.60 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ATE: PRO PROTHY/~, FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (? I ~) S6~;-?O00 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION Plaintiff Vs. ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 TO: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEYqSEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 DATE OF NOTICE: JANUARY 13. 2004 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 A~ITEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION FILE COPY 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PLAINTIFF DEFENDANT SERVE AT: AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR ~MAC MORTGAGE CORPORATION NO. 03-2050 ESTATE OF CHARLES E. CO EMAN,~ , EXECUTOR, DEVISEE AND ALL HEIRS AT LAW OF CHA]{LES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 TYPE OF ACTION ..XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to ~-~,~,%'~ ~efendant o~ the ~ day of~ ~~ ' ,,/20'~ at I~.' ZO ' ~_ o'clock, ~. M., at ~g ~ ~ , City in the ma~er ~escr~ed below: ~ Defendant personally served. Adult family me~er with whom Defendant (s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name / re 1 at ionshlp. Manager/Clerk of place of lodging in which Defendant(s} reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I,~/~ ~ , a competent adult, being d~ly swo[D according to law, depose and state that I personal~y h~nded ' a true and correct copy of the ~ed in the captioned case on the date a~at the addre~ indicated above. Sworn to and s~cribed Beige me this ~ day ~ ~ / ~.~., De~endant NOT PO~ U~no~ No ~swer V~c~n~ O~her: Sworn to and subscribed Before me the day Of , 20__. Notary: By: ATTORNEY OF PLAINTIFF FRANK FEDEPJ4AN, ESQUIRE - I.D.~12248 Suite 1400 One Penn Center Plaza at Suburban Station Ph//ad¢lphia, PA 19103-1799 (215) 563-7000 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION : SYSTEMS, INC., AS NOMINEE FOR GMAC : MORTGAGE CORPORATION : Plaintiff, : No. 03-2050 ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/9/04 to JUNE 9, 2004 (per diem -$17.74) TOTAL $107,926.60 $ 2,146.54 and Costs $110,073.14 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL T~'qAT CERTAIN tract of land w~h tmpr0wnocat~ thereon situate in the Fifth Ward. of Borough of Carlisle, Cumberland County, Peall~,lvallia, bounded attd. c~-.at.'ribed a~ follows: BEG'L, NNING at a point at the notthwesten~ corner of l-I~ilton Street and Oma'les S,aeet as the same appears on th~ hereinafter nlentioned plan of lots; thence ak)ng the norlllern lin~ of Ha~ailton Street, South 63 degrees 03 mlmae$ We~t, a distance of 44~80 feet to a point; thence along ~xe ~ by a curve to the lef~ having a radius of 170 feet, an ale dJgtalv~ of 50 feet to a point; then~ alO-ug land now or formerly of Carroll E~ Myer,~ ~ wife, North 30 degrees 16 mlnate~ West, a ~listance of 117.01 feet to a point; thence along land now or formerly of C.W. Axulerson and wife. North 75 degrees 58 mimltea ~ sccolab Ess't, a distance of 11]..61 feet to a poMt on fha westerly line o£ Charles ${teet; thence along the line of C'h~-les Street, South 15 degrees 22 minutes 40 $econd~ ~ a clt.~ of 17 feet to a point; then,'a along tho cup,'e to the left having a radius of 227.37 feet, an ge distance of 45~92 feet to a polm; theaoe still along the Name, South 26 degrees 57 mirmtea East, a diRanee of 22.75 ~ to a poig at the not. western comer of Charles Sxreet and Hamilton Street, the Place of Beginning. BEING all or L~t No. 12 and a porlion of Lot NO, 13 of Block 'D" in thc Plan of a Portion of Ham;ROn Development as recorded in the Cumberland County Rer. onler of Deeds Office in Plan Book 11, Page 36. HAVING erected thereon a dwelling k'nown as 852 Hamilton Streel, Ca£~le, Pennsylvania 17013. TITLE TO SAID PRF'MISF. S IS VESTED IN Charles E. Coleman by Deed from Phap Ky T{an and Mai TM Trail, formerly huabar, d and v,4fe dated 11/30f1999 and. recorded 1211/1999, in Recold Book 212, Page 372, Tax Pardi #06-19-1639-015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2050 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. as Nominee for GMAC Mortgage Corporation Plaintiff (s) From Estate of Charles E. Coleman, Shaun Coleman, Executor, Devisee, and all Heirs at law of the Estate of Charles E. Coleman (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possessinn of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS107926.60 L.L.$.50 Interest from 2/9/04 to June 9, 2004 (per diem - $17.74) $2,146.54 and costs Atty's Corem % Due Prothy $1.00 At~y Paid $154.90 Other Costs Plaintiff Paid Date: February 10, 2004 (Seal) REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonotary By:_ Deputy FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOH/N F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2050 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 the defendant ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN is over 18 years of age and resides at, BEAN AVENUE, KILGORE, TX 75662. 905 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21~) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION Plaintiff, ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2050 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( X ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION Plaintiff, ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-2050 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,852 HAMILTON STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING 2101 NORTH FRONT STREET FINANCE AGENCY HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Attn: John Murphy Internal Revenue Service Federal Estate Tax Special Procedures Branch Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 852 HAMILTON STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Harrisburg, PA 17128 Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 6, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION Plaintiff, ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF T/:I~ ESTATE OF CHARLES E. COLEMAN CUMBERLAND COUNTY No. 03-2050 Defendant(s). February 6, 2004 TO: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECE1VED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 852 HAMILTON STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $107,926.60 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sherif£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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL '~¥ CERTAIN t~t of lalld ~th tlllproyemc~I~ ~hcrc~n $1tua~ L,1 th~ [qflh Ward of IIle Bo~otlgh of Carlisle, Cumberland County, Pezmsylvania, bounded, ai~d described a~ follows: BEGINNING at a point at the northwest~n corner of '}hmilton Street a~d Cl~les S,~reet as t~ same appea~s on ~ae hereinafter mentioned plma of lots; thence along llg northern lin~ of tlamilton Street, South 63 degr~.s 03 mim~es West, a distanc~ of 44.80 f~t r.o a point: the. am along the same by a curve to the le~ having a mdlus of 170 f~, aa arc clistance of 50 feet to a poim; thence along land now or formerly of Carroll E. Mo'em am~ wife, North 30 degrees 16 minute~ West, a ~.listano¢ of 117.01 fe~t to a point; thence along land now or formerly of C.W Anderson and wife, North 75 deg~es 58 minutes $0 ,~0~._.$ East, a dismm:e of 111.61 feet to a point ol~ thc westerly tine of Charles Street; tlwnce along the ~t~ of Charles Street, South 15 degrees 22 miaut~ *0 soccrade EasL a cltstaace of 17 fi~t to a point; thence along the ctrcve to the l~ft having a radius of 227.37 fe~t, an are distance of 45.92 feet to a point; thence still alnag the same, South 26 degrees 57 mim:r~s Ea.st, a distance of 22.75 feet tn a pmtg at the northwestern comer of Charles Street a~d Hamilton Strew, the Place of ~ginnlng. BEING all of Lot No. 12 and a portion of Lot NO. 13 of Block "D" in thc Pla~ of a Portion of Hah'al!tOrt Development ~s recorded in the Cumberland County R~ofder of Deeds Offi;e tn Plan Book 11, Page 36. HAVING erected thereon a dwelling '}mown as 852 Hamilton Street, Carlisle, Pennsylvania 17013, TITLE TO SAID PREMISES IS VESTED IN Cl~rles E. Col~mml by Deed from Phap Ky Ttan and Mai TM T~, fo~rly ~s~d ~ wife ~ 11/30/19~ a~ ~cOr~ 12/1/1~9, in ~oM ~k 212, Pagc 372. T~x Parcel ~)6-19-1639-015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION VS. ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-2050 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC. AS NOMINEE FOR GMAC MORTGAGE CORPORATION hereby verify that on February 1L 200,4_ tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 20, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 12.100 ODE 1 g'~ 03 ' PLAINTIFF AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY PJT No. 03-2050 ACCT. #600397215 DEFENDANT(S) ESTATE OF CHARLES E. COLEMAN, SItAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN SERVE ESTATE OF CHARLES E. COLEMAN, ~I~UN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN AT 905 BEAN AVENUE KILGORE, TX 75662 Served and made known to ~'~/~ ~ '"' mO ,o'clock~.m, at ~'0~- ~'~1 at ~ ,b of~, in the manner described below: ~gpe of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED ~,"- ~o _ , Defendant, on the . _ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofbnsiness. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height-..3 / Weight/b0 Race~/ Sex~'/~ Other I, '~'~f( /~O/t~g*,4~ ~ac~mpetenta~u~t,beingdu~ysw~macc~rdingt~law~dep~seandstatethat~pers~na~~yhanded a tree and correct copy of the Notice of SheritT s Sale in the manner as set forth herein[, issued in the captioned case on the date and at the address indicated above, ll~, ~0~ II Sworn to and subscribed ll.~.-~Jl~ MY COMMISSION EXPIRES befor~m~ ~-5 ,dlay ~%~9g NO~IlI~ lO, 2007 t PLEASE ATTEMPT SERVICE AT LEAST ~ TI1911~S. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ., 200__, at o'clock __.tm, Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant 1st Attempt: / / Time: : 2ad Attempt:_ / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 FEDERMANAigD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOrnEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman : CIVIL DIVISION : NO. 03-2050 RULZ AND NOW, this ~/ day of ~ , 2004, a Rule is entered upon Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: ~NVA'IA~jNN3~I FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman : CIVIL DIVISION : NO. 03-2050 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27th, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman 852 Hamilton Street, Carlisle, PA 17013 Date: May 7, 2004 FEDERMAN AND PHELAN, L.L.P Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOP~NEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-2050 MOTION TO MAKE RULE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on ~ril 26, 2004 and Rule was entered upon Defendant(s) Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman on _April 30, Reassessment should not be entered. attached hereto as Exhibit A. 3. The Rule to Show Cause 2004 to show cause why the Order for A true and correct copy of the Rule is was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004 . WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. ~I ~. Schr~feg,- ~s~qdire Attorney for Plai~ff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 FEDERM~ AND p~, L.L. P Bw~ffel G~.'Schmie~, Attorney for Plaint~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, AndAll Heirs At Law Of The Estate Of Charles E. Coleman ATTOPd~EY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-2050 APR; 9 RU~ AIgD NOW, this ~d ~ day of ~ ~ 2004, a Rule is entered upon Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY ~ COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devise~,~q~l Heirs At Law Of T~e ~9.~_~'~'E. Coleman i~.~r~ CS~?ZFZCA?ZO. oF ss~w~i~i:EDEflMANANDPHEi~ ~7~0RNEY R[~ COPY ~SF REr'URN [, Daniel G. Schmieg, ~squlre, hereby certify that a copy o~ the Returnabie Date o~ Hay ~7~h~ 2004 and a copy of Pieint±Ef,s Petition Reassessment of Damages have been sent to the individuals May 7, 2004. Rule for indicated below on Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman 852 Hamilton Street, Carlisle, PA 17013 Date: May 7, 2004 FEDERMAN AND PHELAN, L.L.p Daniel G. Schmie~, Esquire Attorney for Plaintiff COMMONWEALTH OF PENN'SYLVANIA ~ COUNTY OF-CUMBERLAND S S: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veteran Affairs, Sec is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 10th day of February, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2050, at the suit ofMorteage Elec Ree Sys Inc & GMAC Mtg Corn, Nominee against Charles E Coleman exor is duly recorded in Sheriff's Deed Book No. 263, Page 3710 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this~c}--~day of/~, A.D. 20~. Mortgage Electronic Registration In The Court of Common Pleas of Systems, Inc., as Nominee for Cumberland County, Pennsylvania GMAC Mortgage Corporation Writ No. 2003-2050 Civil Term VS Estate of Charles E. Coleman, Shaun Coleman, Executor, Devisee, and all Heirs at Law of the Estate of Charles E. Coleman R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action in the following manner: The Sheriff mailed a notice of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested to the within named defendant, Estate of Charles E. Coleman, Shaun Coleman, Executor, Devisee, and all Heirs at Law of the Estate of Charles E. Coleman at 905 Bean Ave., Kilgore, TX 75662. This letter was mailed under the date of February 12, 2004. Return receipt card was signed by Shaun Coleman on February 25, 2004 and returned to the Sheriffs Office. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 1:11 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Estate of Charles E. Coleman, Executor, Devisee, and all Heirs at Law of the Estate of Charles E. Coleman located at 852 Hamilton Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Estate of Charles E. Coleman, Shaun Coleman, Executor, Devisee, and all Heirs at Law of the Estate of Charles E. Coleman by regular mail to his last known address of 7 Creek Road, Camp Hill, PA 17011. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans'AffairS, an Officer of the United States of America of 1000 Liberty Avenue, Pittsburgh, PA 15222 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $947.91. Sheriffs Costs: Docketing $30.00 Poundage 18.59 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer l 0.00 Law Library .50 Prothonotary 1.00 Mileage 3.45 Levy 15.00 Certified Mail 7.92 Surcharge 20.00 Law Journal 339.80 Patriot News 347.89 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 947.91 Sworn and subscribed to before me So Answe/~: ~,~ This ,,~'~ dayof .,. :~"~ ~ R. Thomas Kline, Sheriff 2004, A.D. ~ ~'1, ~'~ - ~ Real Estat~ffDeputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR.GMAC MORTGAGE CORPORATION Plaintiff, V. ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2050 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,852 HAMILTON STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: ]~aiTle Non e Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17110 5. Nan~e and address of every other person who has any record lien on the property: Naxne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: maine Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 852 HAMILTON STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Bureau of Individual Tax Attn: John Murphy 6th Floor, Strawberry Square Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special Procedures Branch Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in th/s affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to tmswom falsification to authorities. February 6, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION Plaintiff, ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN CUMBERLAND COUNTY No. 03-2050 Defendant(s). February 6, 2004 TO: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 **THIS FIRM IS.4 DEBT COLLECTOR .4TTEMPTING TO COLLECTA DEBTAND .4NY INFORMATION OB T.4INED WILL BE USED FOR TH.4 T PURPOSE. IF YOU H.4 YE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY.4ND THIS DEBT W.4S NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF.4 LIEN A G.41NST PROPERTY.. ** Your house (real estate) at, 852 HAMILTON STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Car/isle, PA 17013, to enforce the court judgment of $107,926.60 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgment 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. You rnay need an attorney to assert your fights. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240~6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL TI.L~.T CERTAIN tract of. la~d with tmprovem~s ~hcrc~n slma~e in ~e Rflh Ward of thc Borough of Carlisle, Combe~land Coo~[y~ Pcml,~ylvania, bounded a~d desc~bed as folloWS: I~EGINNINO al a point a~ ~e northwestern cor~ of ~ilton S~ ~ ~les ~eet ~ 63 de~ 03 minutes W~, a ~an~ of O.~ ~t m a ~ ~ along ~ m ~ I~ ~ng a rd~ of 170 ~, ~ ~ ~ of 50 fe~ m a poim; ~e~ ~o~ f~rly of ~fl E. ~e~ ~ wife. N~ ~ d~m 16 ~ W~t, a ~ of 117.01 f~ ~s ~ ~ ~ a d~e of 111.61 ~t W n ~ o~ ~ ~tcrly ~ ~ W a ~m; ~ce ~o~ ~e ~ ~ ~e 1~ ~ing a ~ius of 2~7.37 ~t, ~ ~c dis~ of 45.~ f~t to a ~im; ~ ~ alo~ ~ s~, Sou~ 26 ~s 57 minu~ ~. a di~e ~22.75 BEING all of L~ No. 12 and a portion of Lot NO, 13 of Block 'D" in the Plan of a l~l~lion of Hamilton Development as recorded in the Cumhctland Count), Recorder of Deeds Oflke in Plan l~ok 11, Page 36. HAVING c~ectt~cl Iheteoa a dwelli~ lmowa as 852 Hamilton Str~, Carlisle, pennsylvania 17013. TITL~ TO SAID pRIO~ISE$ l$ VEs'rED IN Charles E. Colema~ by Deed from Phap Ky Ttan at~ Mai ~ Tl'~, form~ly ~ and wife dated 11/30/1999 aM ee~ordod 1211/1999, in Book 212, Page 372, Tax Parcel//0~-19-1639-015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2050 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due Mortgage Electronic Registration Systems, Inc. as Nominee for GMAC Mortgage Corporation Plaintiff (s) From Estate of Charles E. Coleman, Shaun Coleman, Executor, Devisee, and all Heirs at law of the Estate of Charles E. Coleman (1) You are directed to levy upon the property of thc defendant (s)and to sell see legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in thc possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS107926.60 L.L.$.50 Interest from 2/9/04 to June 9, 2004 (per diem - $17.74) Atty's Corem % Atty Paid $154.90 Plaintiff Paid Date: February 10, 2004 (Seal) 1LEQUEST1NG PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Bird, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 $2,146.54 and costs Due Prothy $I.00 Other Costs CURTIS R. LONG Prothonotary Deputy Real Estate Sale # 05 On February 12, 2004 the sherifflevied upon the defendant's interest in the real property situated in The Carlisle Borough, Cumberland County, PA Known and numbered as 852 Hamilton Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2004 By: Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and pJace 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 cimulation, 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/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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, place 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 fo rtheRecordingofDeedsinandforsaidCounty o~~usBook"M~, Volume 14, Page 317, . PUBLICATION COPY Sworn to and su ef is 28th d A.D. ]. ,.C.l~lYof HFrdsburg, DouphlnCounly J NOTARY PUBLIC I n~y ~.omm~sion Expires June 5. 2006 ~ My commission expires June 6, 2006 Member, Pennlylvania As ~oclafion of NofarJes CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 347.89 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 padd. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, 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 16, 23, 30, 2004 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 of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 5 Writ No. 2003-2050 Civil Mortgage Electronic Registration Systems, Inc., as Nominee for GMAC Mortgage Corporation VS. Estate of Charles E. Coleman, Shaun Coleman, Executor, Dev/see, and all Heirs at Law of the Estate of Charles E. Coleman Atty.: Frank Federman ALL THAT CERTAIN tract of land with improvements thereon situate In the Fifth Ward of the Borough of Carlisle, Cumberland County, Penn- sylvanta, bounded and described as follows: BEGINNING at a point at the northwestern corner of Hamilton Street and Charles Street as the same appears on the hereinafter mentioned plan of lot~; thence along the northern line of Hamilton Street, South 63 degrees 03 minutes West, M '~e ~oy~e, ~ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOiS E. SNYDER, Notary Public Carliste Bom, Cumberland County My Commission Expires March 5, 2005 in the Fifth Ward of the Borough of Carlisle, Cumberland County, Penn. follows: Street and Charles Street as the thence along the same by a curve thence along land now or fomerly 75 degrees 58 minutes 50 seconds point on the westerly line of Charles along the curve to the left having a still along the same. South 26 de- of 22.75 feet to a point at the north- Beginning. BEING sJl of Lot Ilo. 12 and a Cumberland County Recorder of Deeds Office in Plan Book 11, Page 36. lng known as 852 Hamilton $1~eet, TITLE TO SAID PREMISES IS VESTED IN Charles E, Coleman by Deed from Phap Ky Tran and Mai Thi Tran, formerly husband and wife dated 11/30/i999 and recorded Page $72. N~A~A~$EAL ~ LOIS E, SNYDER, Notary P~ Carlisle Boro, Cumberland C My Commission Expires March FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman ATTO~'/~Ey FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-2050 PRAECIPE FOR RULE TO SHOW TO THE PROTHONOTARY: Kindly enter a Rule upon Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. By:~ ~_~ ~ ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-2050 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on April 22, 2004. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman 905 Bean Avenue, Kilgore, Tx 75662 DATE: April 22, 2004 AND PHE , ~ ~iel G. Schmieg, Esquire orney for Plaintiff FEDERMANAND PHELAN, LLPo by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOtANEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. : Estate Of Charles Eo Coleman, Shaun Coleman, Executor, Devisee, And All Heirs At Law Of The Estate Of Charles E. Coleman : NO. 03-2050 PLAINTIFF'S PETITION FOR REASSE~ OF DAMA~E~ CIVIL DIVISION Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on September 26, 2003. 2. Judgment was entered against Defendant(s) on February 10, 2004 in the amount of 107,926.60. 3. The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. Additional sums have been incurred or expended on Defendant (s) ' behalf since the given credit for judgment, if any. Complaint was filed and iDefendant(s) have been any payments that have been made since the The amount of damages should now read as follows: Principal Balance Interest Amount October 1, 2002 through June 9, 2004 Per Diem $18.66 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 97,319.72 11,516.99 95.65 1,100.00 1,427.00 0.00 1,325.00 0.00 0.00 (0.00) 650.00 0.00 1,709.16 $115,143.52 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1767), Page (#1234), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. FE~ PHELAN ,/~. I~p. By: ~' I ~'~L /~ Da~ie~ G. '~hmieg, Esquire~ Att~ney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC., As Nominee For GMAC Mortgage Corporation vs. Estate Of Charles E. Coleman, Shaun Coleman, Executor, Devisee, And Ail Heirs At Law Of The Estate Of Charles E. Coleman ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-2050 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO ~a~ ~a~ROER I. BACK~ROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSES.~w~T OF DAMAGER The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortgaqe, the Court assessed following defendant's failure stated that where a judgment has been to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by' virtue if the mortgage's failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pe~sylvania must pay e~enses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extin~ished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona T~st Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays re~ire the mortgagee to e~end additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee,s lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff,s jud~lent amount. May Te~, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully re~ests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully s~mits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully re~ests this Honorable Court to reassess the damages as set fort~the Petition to Reassess Damages. F D AND p , L.L.p. BY:~el~chmieg, A~t~rney for Plaintiff ANO NOW, t.his -' F day o~ u~uon coi't.~!d~?'-ion o~ ~i~ ~ia~io~'s Petition f~r Reconsideration ~unc ~rc ~c cf t~i~ Cou~t'~ O~er of NOrther 7. /985 ~d ~e An~e: thr, r~o Of Oef&~da~s. J0seoh Jeffarson and Rosie Jefferson. it :) Said ~_od ~ G~u: ...... ~ ~!~:or R-ea~essaenClof B~ca~c P~aia~iff wa~ r~'ired to accept cuc~t ~r~gaqe pay~nts ugod ~he f~-iing of LDefendan~' bank~otc~ ~ti~iO~ 'a~d'in fact did so, it is necessary =0 jud~nt by default uas-enteued ~n ~is action. _ Because ~fe~ ha.e not refu~ed ~he spec~ic am~n~ cl'a~m~. Ma ~iena ! ,~-crt-~aqe - I - THE COURT: A. W~ITE; ~: ! VERIFICATION and correct to the best of undersigned understands that penalties of 18 Pa. C.S. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true his knowledge, information and belief. The this statement herein is made subject to the §4904 relating to unsworn falsification to DATE: April 22, 2004 F AND p , L.L.p Attorney for Plaintiff