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HomeMy WebLinkAbout03-2273 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA (!,ui.L 't~ . : NO. 03 - ~~7o FREDERICK L. BATEMAN, Plaintiff SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaint~ff. You may lose money or property or other rights important to you, including custody or visitation of your children When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 BAR ASSOCIATION TWO LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 FREDERICK L. BATEMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. b'a - ,;t.'-13 C.i(.>l'-T~ SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330HC) AND 3301 (D) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is FREDERICK L. BATEMAN, (SS# 194448201) a citizen of Pennsylvania whose primary residence is 220 Rosemont A venu, Cumberland County, New Cumberland, Pennsylvania 17070. 2. Defendant is SUSAN E. BATEMAN, (SS# 209 50 7665), whose primary residence is 731 Walton Street, Cumberland County, Lemoyne, Pennsylvania 17043. 3. Plaintiff and Defendant are sui iuris. Plaintiff has been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on December, 1984 in Harrisburg, Pennsylvania. 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. There were three children born of this marriage; Susan Bateman (D.D.B. 8/28/87); Samantha Bateman (D.D.B. 9/5/88) and Freddie Bateman (D.D.B. 6/17/98). 9. The parties have been separated as of September, 2001. COUNT I. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 10. Paragraphs one through ten are incorporated as if fully set forth herein. 11. The marriage of the parties is irretrievably broken. 12. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. 13. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. 14. Defendant is not now and has never been a member of the armed forces of the United States. 15. The parties intend to continue living apart. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. DA TE: _'r/~ I a ;1 / wre e . Rosen, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 FREDERICK L. BATEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. SUSANE. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE VERIFICATION I, FREDERICK L. BATEMAN, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities. DATE: ,-~J51 LJ 3 f~dLU(lI3ulCM:-L~ FREDERICK L. BATEMAN '- FREDERICK L. BATEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of J,-\ ~ ' 2003, I, Susan N. Lenker for the Lawfirm of Krevsky & Rosen, P.C., on behalf of Plaintiff, FREDERICK L. BATEMAN, hereby certifY that I have this day served a copy of the Complaint in the above-captioned matter, by First Class U.S. Mail, on the following: SUSAN E. BATEMAN 731 WALTON STREET LEMOYNE, PENNSYLVANIA 17043 S an N. Lenker 1101 North Front Street Harrisburg, P A 1 71 02 (717) 234-4583 ">- r-. t~.: ..;3 N f_~' .~_ -;;- ~= f$ "3~ ~ ,<J ,) 'S:: \. - ___ --,~:..J ~ -c~ () _ '~ v, u :_~O- 0 15 ~ o 0'"' _ - -0,.- Cl,. :-',' ;p-- LO. '.. -~- ;_1'-) i;; ~ ~ -.. FREDERICK L. BATEMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - 2273 SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE I, Lawrence J. Rosen, Esquire, attorney for the Plaintiff, FREDERICK L. BATEMAN, hereby certify that a copy of the Complaint for a Divorce was served by Certified Mail, Return Receipt Requested on May 15, 2003, on the following: SUSAN E. BATEMAN 731 WALTON STREET LEMOYNE, P A 17043 DATE: S-rlC(.(C-t1 enc . osen, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, P A 17102 (717) 234-4583 Atty. I.D. NO. 15560 I . -CampIIIe .;...111fd1012,................ '1iID,.......,..... -Campllle.... a, .... ... 4b. foIolIl*l .... (..... I -=:;...-.......... on" - of,* fDnn 10 tIII_ CM '*"'.. extra .:): . IUt ~.. -MII:Il... fDnn 10" front of.. mIIIpIIOe, or on" '-* If.... doeI not 1. [J Add,.. ...1', Addr8. I . -=:.*'"RIUn ~ ,......Jf"on "1llIIIpIIOI1IIlow..1IlIl:fe runbIr. 2. [J ReIlrict8d n..u...... . -The Allum AIOIIpI..lhowto wtIom..lIlIl:fe.. cIIIMrM 1IlCI.. ct-. -..., 7 . clllMrM.ConUt poAn8It8r for fee. I 13. ArtIcle Addr'I..ld 10: 4a. ArtIcle Nl.mber . ~Lk'2O-(\ Ee- ~€.(""))QL(\ . 7001 1940 0004 1686 J.t . =J3 \ llh.1.:i:Ov'\ ~-e.e-t D' ~ )II( Cer1IIIlId . L~f\D OA \'lC>~-:< 0 ExpresaMd OlnsunMI f - a I ...) 0 RIUn RICIIIpI for MIRlhIIdII 0 COD' 7. DlIl8 DIIIv8ry , .. S"-/S'-O'3 I 8. AddlIlI.I'. Adch8I (only If I and fee 18 peId) . 102595-97-6-0179 Domestic Return R , -.----..:-.----"----..---'-- o ~ -:'''l j"', rhi "L::. ~,-= -7 : -'- (J;~ ~- ..... , 'fi;~-, :2:- ::t <- ;, ~', ") (:: -' ~ (}1 -.<..... - FREDERICK L. BATEMAN, Petitioner, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO: 03 - 2273 SUSAN E. BATEMAN, Respondent :CIVIL ACTION - DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1920.43 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND NOW, this ~ day of \\)o\JPI'f1D< ( ,2003, ,~omes Petitioner, Frederick L. Bateman, by and through counsel, Lawrence J. Rosen, Esquire, lmd offers the following averments in support of the within Petition for Special Relief: I. Petitioner filed a Divorce Complaint in the subje'~t matter on May 12,2003. (See Exhibit A) 2. Respondent has maintained exclusive possession of the marital residence, a private home located at 731 Walton Street, Lemoyne, P A. since September of 2001, the date of separation. 3, The parties are parents of three children, Susan Bateman (8/28/87), Samantha Bateman (9/5/88) and Freddie Bateman (6/17/98), 4. The parties' children resided with Respondent in the marital residence until June of2003 at which time Samantha Bateman and Freddie Bateman began residing with Petitioner due to Respondent's unwillingness/inability to provide a safe and stable environment for them. 5, Within the past month, Susan Bateman has also begun residing with Petitioner for the same reason, 6, Petitioner was paying Respondent approximately fourteen hundred dollars per month in child support up to June of2003. 7. Respondent is unable to maintain the marital residence either financially or physically as: A. Respondent has persistently been unable/unwilling to make timely payments on the mortgage, (See Exhibit B) B. Respondent has failed to make necessary repairs to the property or provide necessary maintenance. 8. As the result of Respondent's failure to meet her financial responsibilities in regard to the marital residence or properly maintain the residence, she has placed that asset at risk while dissipating the value of tha.t asset. 9, Petitioner is seeking exclusive possession so that he may make all necessary repairs and improvements to the property with th(~ intention to immediately place the marital residence for sale. 10. Petitioner is seeking a court order authorizing the sale of the marital residence with the proceeds to be placed in escrow pending a final resolution of the divorce proceeding. Petitioner shall be immediately reimbursed for all out of pocket expenses required to make the needed improvemo~nts and/or repairs to the property prior to sale as well as fifteen dollars per hour for all time personally expended by Petitioner in making the needed repairs and/or improvements, WHEREFORE, Petitioner asks Your Honorable Court to grant him immediate exclusive possession of the marital residence with a period of sixty days to make all repairs necessary to offer the premises for sale, At the conclusion of sixty days or at such time that the premises are ready to be listed for sale, the property will be listed for sale with the proceeds ofthe sale to be placed in escrow pending the resolution of the parties' divorce proceeding Respectfully submitted: KREVSKY & ROSEN, P.e. By ence J, Rosen, Esquire 101 North Front Street Harrisburg,PA 17102 ID# 10625 (717) 234-4583 FREDERICK L. BATEMAN, Petitioner, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO: 03 - 2273 SUSAN E. BATEMAN, Respondent :CIVIL ACTION - DIVORCE VERIFICATION I, FREDERICK L. BATEMAN, hereby verify that the information contained in the foregoing Petition for Special Relief Pursuant to Rule 1920.43 of the Pennsylvania Rules of Civil Procedure is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. g 4904, relating to unsworn falsification to authorities. DATE: /II rjO) , r;~~~L ~~ FREDERICK L. BA rEMAN FREDERICK L. BATEMAN, Petitioner, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, :NO: 03 - 2273 SUSAN E. BATEMAN, Respondent :CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE AND NOW, this r+ day of 0cn l.Q.ntbu/\ ,2003, I, Susan N, Lenker, Legal Assistant, for the Lawfirm of Krevsky & Rosen, P.e., on behalf of Petitioner, FREDERICK L. BATEMAN, hereby certifY that I have this day served a copy of the Petition for Special Relief Pursuant to Rule 1920.43 of the Pennsylvania Rules of Civil Procedure in the above-captioned matter, by First Class U,S. Mail, on the following: SUSAN E. BATEMAN 731 WALTON STREET LEMOYNE, PENNSYLVANIA 17043 s~~:, L ,A,",~"' 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 FREDERICK L. BATEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 -.;,I~?3 e.iU'LL '--r~ SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment may be entered against you by the Court. Ajudgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the groundfor divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 BAR ASSOCIKfION TWO LIBERTY AVENUE s: L. """(,,-., ::r: CARLISLE, PA 17013 [2),:' ~~ "'::.... ' (717) 249-3166 cj' -<- "q lv ~, i:~ :-.. '~j "~) !"'J .;1(:") ~__jin _0 -< :;.> -< ....J EXHIBIT A FREDERICK L. BATEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : NO. SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330HC) AND 3301 (D) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is FREDERICK L. BATEMAN, (SS# 194448201) a citizen of Pennsylvania whose primary residence is 220 Rosemont Avenu, Cumberland County, New Cumberland, Pennsylvania 17070. 2. Defendant is SUSAN E. BATEMAN, (SS# 209 50 7665), whose primary residence is 731 Walton Street, Cumberland County, Lemoyne, Pennsylvania 17043. 3. Plaintiff and Defendant are sui iuris. Plaintiff has been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on December, 1984 in Harrisburg, Pennsylvania, 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised ofthe availability of counseling and ofthe right to request that the Court require the parties to participate in counseling, 8. There were three children born of this marriage; Susan Bateman (D,O.B. 8/28/87); Samantha Bateman (D.O,B. 9/5/88) and Freddie Bateman (D,O.B. 6/17/98). 9. The parties have been separated as of September, 2001. COUNT I. Reauest for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 10. Paragraphs one through ten are incorporated as :if fully set forth herein. 11. The marriage of the parties is irretrievably broken. 12. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting 1:0 a divorce. Plaintiff believes that Defendant may also file such an Affidavit. 13. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling, 14. Defendant is not now and has never been a member of the armed forces of the United States, 15. The parties intend to continue living apart. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiffrespectfully requests the Court to enter a Decree of Divorce, pursuant to 330 I (c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. DATE: /f/'(/ tJ }' ~. lwre e . Rosen, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 FREDERICKL. BATEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE VERIFICATION I, FREDERICK L. BATEMAN, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DA TL>)/S I C"~ M/. /; ../1 ..,'- J( CUe! 13{(!rrrK.4.f'\ FREDERICK L.'BATEMAN '- FREDERICK L. BATEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. SUSAN E. BATEMAN, Defendant : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this r day of l-'\ (\~ ' 2003, I, Susan N. Lenker for the Lawfirm of Krevsky & Rosen, P,C" on behalf of Plaintiff, FREDERICK L. BATEMAN, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, by First Class U,S. Mail, on the following: SUSAN E. BATEMAN 731 WALTON STREET LEMOYNE, PENNSYLVANIA 17043 S an N. Lenker 1101 NOlth Front Street Harrisburg, P A 17102 (717) 234-4583 ;;; 3 tj - lft)~q1!\/I~Lo.-~ T 0 \.Jo..J/\;- '7'7 '30&7 :> .GMA.f Mortgage First Mortgage Loan Servicing 3451 Hammond Avenue PO Box 780 Waterloo Iowa 50704-0780 June 20, 2003 www.gmacmortgage.com FREDERICK L, BATEMAN SUSAN E. BATEMAN 731 WALTON ST LEMOYNE, PA 17043 RE; hCCOUNT NUY~ER 206378315 PROPERTY ADDRESS 731 WALTON ST LEMOYNE, PA 17043 DEAR FREDERICK L. BATEMAN AND SUSAN E. BATEMAN: Your account is in default under the terms of t:he mortgage. The mortgage pa~nents of $677.05 for the months of May 1, 2003, through June 1, 2003, are past due. If you have already mailed these payments, please accept our thanks. Due to the unresolved delinquency on your account, you may be experiencing temporary or permanent financial problems that led to the default. Your account could soon be referred t.o foreclosure if the default is not resolved. We would like to discuss possible loss mitigation options, which may be available to you to resolve the delinquency and avoid foreclosure. A brief de~;cription of these options follows. If you have experienced a temporary loss of income or increase in expenses and now have sufficient income to make increased payments, we may be able to work out a REPAYMENT PLAN. LOAN MODIFICATION: A loan modification capitalizes delinquent payments into the unpaid principal balance. This may be completed if you are unable to make temporary increased monthly pa~nents, yet can still affort your mortgage payments SHORT SALE: The investor may accept less than a full payoff when the value of your property has declined. You must list the property at fair market value and forward any offers', alonq with estimated closing costs, to our company. The acceptance of the offer is subject to investor approval. You may be required to con":ribute to reduce the total loss. DEED IN LIEU OF FORECLOSURE: A deed in lieu VOluntarily gives back the Deed to the lender to satisfy the debt and avoid foreclosure. You must have tried to sell the property for 90 days at fair market value. The collection activity will not stop and the Inonth1y mortgage payments are still due while we evaluate your :Einancial situation. Not all options may be available to you and we cannot guarantee you will qualify for any of the loss mitigation options. In order to be considered for any of these loss mitigation options, you may be required to provide us with financia.l information. Please contact us at 1-800-850-4622 to discuss any of these loss mitigation options. For your information, you may contact a HUD Counseling Agent at 1-800-569-4287. Toll free TDD number for t.oe HUD Counseling Agency is 1-800-877'8339. Notice - This is an attempt to collect a debt .3.nd any information obtained will be used for that purpose. If your debt has been discharged in bankruptcy, our rights are being exercised against the collateral for the above-referenced loan, not .3.S a personal liability. Collection Department Mortgage Loan Servicing DMS5-0PTION EXHIBIT B ~MA.f Mortgage First Mortgage Loan Servicing 3451 Hammond Avenue PO Box 780 Waterloo Iowa 50704.0780 August 20, 2003 www.gmacmortgage.com FREDERICK L. BATEMAN 220 ROSEMONT AVE NEW CUMBERLAND, PA 17070 RE: ACCOUNT NUMBER PROPERTY ADDRESS 306378815 731 WA.LTON ST LEMOYNE, PA 17043 DEAR FREDERICK L. BATEMAN: Your account is in default under the terms of the mortgage. The mortgage paynlents of $677.05 for the months of July 1, 2003, through August I, 2003, are past due. If you have alrE~ady mailed these payments, please accept our thanks. Due to the unresolved delinquency on your account, you may be experiencing temporary or permanent financial problems that led to the default. Your account could soon be referred to foreclosure if the default is not resolved, We would like to discuss possible loss mitigation options, which may be available to you to resolve the delinquency and avoid foreclosure. A brief description of these options follows. If you have experienced a temporary loss of income or increase in expenses and now have sufficient income to make increased payments, we may be able to work out a REPAYMENT PLAN. LOAN MODIFICATION: A loan modification capitali.zes delinquent payments into the unpaid principal balance. This may be completed if you are unable to make temporary increased monthly p~yP.lentc, yet can still affort your mortgage payments SHORT SALE: The investor may accept less than Cl full payoff when the value of your property has declined. You must list the property at fair market value and forward any offers, alon9 with estimated closing costs, to our company. The acceptance of the offer is subject to investor approval. You may be required to contribute to reduce the total loss. DEED IN LIEU OF FORECLOSURE: A deed in lieu voluntarily gives back the Deed to the lender to satisfy the debt and avoid foreclosure. You must have tried to sell the property for 90 da~'s at fair market value. The collection activity will not stop and the nlonthly mortgage payments are still due while we evaluate your financial situation. Not all options may be available to you and we cannot guarantee you will qualify for any of the loss mitigation opt~ions. In order to be considered for any of these loss mitigation options, you may be required to provide us with financia.l information. Please contact us at 1~800.850.4622 to discuss any of these loss mitigation options. For your information, you may contact. a HUD Counseling Agent at 1.800-569~4287. Toll free TDD number for the HUD Counseling Agency is 1-800-877-8339. Notice 4 This is an attempt to collect a debt c.nd any information obtained will be used for that purpose. If your debt has been discharged in bankruptcy, our rights are being exercised against the collateral for the above-referenced loan, not a.s a personal liability. Collection Department Mortgage Loan Servicing DMS5-0PTION 1~'J~5 ~MA.f Mortgage First Mortgage Loan Servicing 3451 Hammond Avenue PO Box 780 Waterloo Iowa 50704~0780 October 21, 2003 www.gmacmortgage.com FREDERICK L, BATEMAN 220 ROSEMONT AVE NEW CUMBERLAND, PA 17070 RE: ACCOUNT NUMBER PROPERTY ADDRESS 306378815 731 WALTON ST LEMOYNE, PA 17043 DEAR FREDERICK L, BATEMAN: Your account is in default under the terms of the mortgage. mortgage pa~nents of $677.05 for the months of Septeniller 1, through October 1, 2003, are past due, If you have already these payments, please accept our thanks. The 2003, mailed Due to the unresolved delinquency on your aceo"unc, you may be experiencing temporary or permanent financial problems that led to the defaul t. Your account could soon be referred t,o foreclosure if the default is not resolved. We would like to disc.uss possible loss mitigation options, which may be available to you to resolve the delinquency and avoid foreclosure. A brief description of these options follows. If you have experienced a temporary loss of income or increase in expenses and now have sufficient income to make increased payments, we may be able to work out a REPAYMENT PLAN. LOAN MODIFICATION: A loan modification capitalizes delinquent payments into the unpaid principal balance. This may be completed if you are unable t.o make tE'mporary incr~,;!~e0. m0!1r}11y p~yrr'F?nt~; yet can <;t.il1 affort your mortgage payments SHORT SALE: The investor may accept less than a full payoff when the value of your property has declined. You must list the property at fair market value and forward any offers, along with estimated Closing costs, to our company. The acceptance of the cffer is subject to investor approval. You may be required to contribute to reduce the total loss, DEED IN LIEU OF FORECLOSURE: A deed in lieu vOluntarily gives back the Deed to the lender to satisfy the debt and avoid foreclosure. You must have tried to .sell the property for 90 days at fair market value. The collection activity will not stop and the IT.onthly mortgage pa~uents are still due while we evaluate your financial situation. Not all options may be available to you and we cannot guarantee you will qualify for any of the loss mitigation options. In order to be considered for any of these loss mitigation options, you may be required to provide us with financial information. Please contact us at 1-800-850-4622 to discuss any of these loss mitigation options. For your information, you may contact a HUD Counseling Agent at 1- 800 - 569 - 4287. Toll free TDD muuber for the HUD Counseling Agency is 1-800-877-8339, Notice - This is an attempt to collect a debt and any information obtained will be used for that purpose. If your debt has been discharged in bankruptcy, our rights are being exercised against the collateral for the above. referenced loan, not as a personal liability. Collection Department Mortgage Loan Servicing DMS5-0PTION GMAC Mortgage Account Stat ment BORROWER INFORMATION CO-BORROWER INFORMATION Name: FREDERICK L. BATEMAN Account Number: 306378815 Home Phone #: (717) 774-9558 731 WALTON ST LEMOYNE PA 17043 Name: Home Phone #: SUSAN E. BATEr! AN (717) 774-7179 GM~f Mortgage 118201 0II10SI02 11:15 000527\ 10/22103 OJ200302 102003 102 00191248130 VISUAL' MASCI IBWNHJPY IKW4297G2136B# 1.,.111",111",1",111"",1,111""1,1,..,11,,1,111,,,,1,1,1 ONE OUNCE I Customer Care Inquiries: 1-800-766-4622 Home Financing Needs: 1-800-753-4622 Please verify your mailing address, borrower and co-borrower information. Make necessary corrections on this portion of the statement, detach and mail to address listed for Inquiries on the reverse side, FREDERICK L. BATEMAN SUSAN E. BATEMAN 220 RDSEMONT AVE NEW CUMBERLAND PA t7070-205I Account NUllber 306378815 Pri nci pal a.nd Interest Subsidy/Buydown Escrow Additional Products/Services Amount Past Due Outstanding Late Charges Other Total Amount Due Account Due, Date $527.79 $0.00 $149.26 $0.00 $1,354.10 $79.17 $15.00 $2,125.32 September 01, 2003 Current Statement Date October 20, 2003 Original Maturity Date February 01, 200B Lnterest Paid Year-to-Date 7.625 $24,059.B2 $129.45 $1,307.02 $1,433.48 Interest Rate Current Principal Balance* Current Escrow Balance Taxes Paid Year-to-oate For questions on the servicing of your account, call 1-800-766-4622. Account Activity Since Last Statement Description Due Date Tran. Date Transaction Total Principal Interest Escrow Other Property Insp Fees Assess Late Charge Assessed 10/20/03 10/16/03 $lS.00 $26.39 $15.00 $26.39 "'This is your Principal Balance only,~~~.the amoun required to ay the loan in full. or payoff figu e.s and maili g instruction, call the Customer Care number above or you IlklY obtain ne essary payo figures through ou automated sy ;tern (24 ho rs a day, 7 da s a week). See backfoJ._ paymenlsign-up infonnatlon and other payment option. Important News Need cash now? For homer~pairs, dllbt~onsolidation or college tuition, why not turn the llquity in your home into cash in your hands? Call GMAC Mortgage and apply for a Home Equity Loan or Line of Credit today, Call 1-877-373-4622 and press Option 1. MiliI This Portion With Your Pilyment 306378815 FREDERICK L, BAT AN Check below if you need Information on: $677 .05 Amount Due Wnh Late Fee If Received 15 Dill s AFTER Due Date $703.44 GMAC Mortgage Real Estate Refinance P ease aSSISt GMAC Mortgage in applying your payment Full Payment(s) $ ADDITIONAL Principal $ ADDITIONAL Escrow $ Late Charge $ other Fees (please specify) ~ Total Amount Enclosed $ FREDERICK L. BATEMAN SUSAN E. 13ATEMAN 731 WALTON ST LEMOYNE PA 17043 Home Equity 1,1"111,.,,,,1,11,1,,11,.,,,,111,,.1,.,111,1.,,,,111,1.,1",11 GMAC MORTGAGE CORPORATION PO BOX 9001719 LOUISVILLE, KY 40290-1719 Phone #: Best time to call: For immediate assistance: 1-600-753-4622 02 0903 0306378815 00067705 02639 00000 6 BORROWER INFORMATION CO-BORROWER INFORMATION ment GMAC Mortgage Account Stat Name: FREDERICK L. BATEMAN Account Number: 306378815 Home Phone #: (717) 774.9558 731 WALTON ST LEMOYNE PA 17043 SUSAN E, BATEMAN (717) 774-J179 GMAC Mortgage Name: Home Phone #: 86820109)05/0216"5 0001554 oS/2olc'3;GM180302 08180J 102 OOU123569. VISUAL' MASOI DN(CUNCE HBWNHJPY HKW4297G2136BH 1".111,.,111".1",111,.:"1.111",.1,1,.,,11,,1.111,,,,1,1,1 FREDERICK L. BATEMAN SUSAN E. BATEMAN 22D RDSEMDNT AVE NEW CUMBERLAND PA 17070-2051 I Customer Care Inquiries: 1-800-766-4622 Home Financing Needs: 1-800-753-4622 Please verify your mailing address, borrower and co-borrower information. Make necessary corrections on this portion of the statement, detach and mail to address listed for Inquiries on the reverse side :Account Number 306378815 Principal a,nd Interest Subsidy/Buydown Escrow Additional Products/Services Amount Past Due Outstanding Late Charges Other Total Amount Due Account Due Date Current Statement Date August lB. 2003 February 01. 200B Original Maturity Date Interest Rate 7.625 $24.802.55 $1.208.14 $994.17 $367 m Current Principal Balance* Current Escrow Balance Interest Paid Year-to-Date T~es Paid Year-to-Oate For questions on the servicing of your account, call 1-800-766-4622. $527.79 $0.00 $149.26 $0.00 $1.354.10 $105.56 $0.00 $2.136.71 JUly 01. 2003 Description Tran. Date Transaction Total Interest Account Activity Since last Statement Escrow Other Principal Due Date Late Charge Assessed Mortgage Payment OB/16/03 $26.39 07/21/03 $6nOS 06/01/03 $367.as $159.94 *This is your Principal Balance only not the amoul1 required to Customer Care number aboye or you may obtain ne essary payo Seebackr...._paymentslgn-tlpl~.~~,~paymentOJlllor'1t, $26.39 $149.26 ay the loan in full. or cayaff figu es and mail 9 instruction . call the figures through ou .au omaled 5 stem (24 ho rs a day, 7 da sa week). Mall This Portion Wit:h Your Payment: $2,136.71 Amount Due With Late Fee If Received 16 Da 5 AFTER Due Date $703.44 Real Estate Refinance Home Equity ease ass stoMAC M~rtg~ge In applying your payment Full Payment(s) ~ ADDITIONAL Principal ~ ADDITIONAL Escrow ~ Late Charge 5 other Fees (please specify) ~ Total AmountEnclosed ~ FREDERICK. L. BATEMAN SUSAN E. BATEMAN 731 WALTON ST LEMOYNE F'A 17043 GMAC Mortgage Phone#: Best time to call, For immediate assistance: 1-800-753-4622 1.1,.111"",1,11,1"11",",111.,.1,.,111.1,",.111,1,,1".11 GMAC MORTGAGE CORPORATION PO BOX 9001719 LOUISVILLE, KY 40290-1719 02 0703 0306378815 00067705 02639 00000 o Pl. ~:'CL.O:'?::CE CF , 'Cc ')\!')TARY l',-, 'H'1'! -~ f"''''' I Q ,,,i " ~ <.J i' \ .1' .... . CU~f~~~{~, :),~';)\'r'{ PErJNSYLVANv'-l . . . . , FREDERICKL. BATEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUSAN E. BATEMAN, Defendant NO. 03-2273 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of November, 2003, upon consideration of Plaintiffs Petition for Special Relief Pursuant to Rule 1920.43 of the Pennsylvania Rules of Civil Procedure, a hearing is scheduled for Thursday, December II, 2003, at I :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. /tawrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, P A 17102 Attorney for Plaintiff ) l~ fY1R~5 /1-1,/-03 ~san E, Bateman 731 Walton Avenue Lemoyne, P A 17043 Defendant, Pro Se :rc < ViN'f/\lASNN3d "Nr""'" ,"" ii' """I~ln" 1\.1.1" .,.J) ;.!,.}>::,:~! V I U:" '" "I ,..,." "0 (., tiel I,' f\t.dii t..l ":.iL ;JJ FREDERICK L. BATEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUSAN E. BATEMAN, Defendant NO. 03-2273 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of December, 2003, upon consideration of Plaintiff's petition for Special Relief Pursuant to Rule 1920.43 of the Pennsylvania Rules cf Civil Procedure, and following a hearing at which the Plaintiff represented by Lawrence J. Rosen, Esquire, and Defendant representing herself, agreed upon the following, it is ordered and directed as follows: 1. The parties are directed to immediately enter into a listing agreement for sale of the marital residence at 731 Walton Street, Lemoyne, Pennsylvania for $150,000; 2. Defendant shall effect repairs to the interior of the property, and Plaintiff shall effect repairs to the exterior of the property, which shall be completed on or before February 1, 2004; and 3. No other relief shall be granted to either party at this time. By the Court, ~awrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 For the Plaintiff ~san E. Bateman, Defendant Pro Se 731 Walnut Street Lemoyne, PA 17043 ~~ pob < rn~ ".a:? \?-- \ c;L J. Vit\;\h\lA:~r'~ ["'J3d I ""Y',"', ri"" "",i"r;u,'n'" I\lJ'" ('....., . :~-: -,::]Y'\ V B~ '11 "'1 ~. ~':';j 6 I J]Q EOOl At:Nl.GNOH10Ud 3Hl :10 j~.)d:!O.'0311:\ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg. PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA FREDERICK L. BATEMAN Plaintiff v. NO. 03-2273 SUSAN E. BATEMAN Defendant CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant in this proceeding. f<<u- tL4/(~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 13,2004 -OG... '1,'-' _c ~:7l f7~ ' r:: (':) ~;; ...., = = oL- e.... .... _.~ ~ o -n -l :J:-.. n"lr= ""'!jrn -00 b6 -l-Ti ~--=-n C:?Q rc,.'1 ::.~~ -~ S;1 - .r.- E C;? N W o - . Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDERICK L. BATEMAN Plaintiff v. NO. 03-2273 SUSAN E. BATEMAN Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9 3301(c) of the Divorce Code was filed on May 12, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. --- .. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. S 4904, relating to unsworn falsification to authorities. c; Susan E. Bateman Date: May ./11 ,2005 2 () -n C'1cJ ;-,1 1;--; <.~) C) - c Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire,com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDERICK L. BATEMAN Pia i ntiff v. NO. 03-2273 SUSAN E. BATEMAN Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: May III ,2005 . usan E. Bateman 2 c/ ~:~;~) Sr)l ,-,:.") ,:..." -4 -r: :-n \",) c.) -",--, ~ o Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire,com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDERICK L. BATEMAN Plaintiff v. NO. 03-2273 SUSAN E. BATEMAN Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9 3301(c) of the Divorce Code was filed on May 12, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. gr~;f:.. ~I Frederick L. Bateman Date: May ;{(I ,2005 2 :--..., ,. ...~) C..::, 01 C) -n :~J r;l r') C.,) C~:; o .., .. Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire,com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDERICK L. BATEMAN Plaintiff v. NO. 03-2273 SUSAN E. BATEMAN Defenda nt CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. . . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. 8P~~ Frederick L. Bateman Date: May ;z r; ,2005 2 ""> C~:-) C.:-) '-'..;1 C"j -n --, ."f" i';l f'...:, c., C'':) ..f Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire,com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDERICK L. BATEMAN Pia i ntiff v. NO. 03-2273 SUSAN E. BATEMAN Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 9 (3301(c)) (3301(€l)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 05/15/03 by certified mail, restricted delivery per the affidavit of service filed OS/20/03. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by plaintiff: OS/27/05; by defendant: OS/27/05. o .. ,I." (b)(1) Date of execution of the affidavit required by 9 3301(d) of the Divorce Code: N/A (2) Date offilingand service of the plaintiff's affidavit upon the respondent: N/A 4. Related claims pending: no economic claims were raised of record. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe copy of which is attached: N/ AI (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: 06/01/05. Date defendant's Waiver of Notice was filed with the prothonotary: 06/01/05. L~~ Attorney for Defendant Date: June 3, 2005 ,,"" ~ " 2 ~, n~,'r ';::;, cT'! -"- , ~',~~' i:"_~ :, ~"'~~-' /c, 2:. :2 o G -';", ~ "'" <J' <- c:: ~ I -l "'" ;:It: <2 ~ ...... ff.,~ -o(:q -n"'r b ...9r; :JS:p t.._ () Zrr> 9 ~" "'JJ "< p.' o:J ------- , , , , , , , , , , , , , , , , , , . . , . . . . , . . . . . . . . , . . . . . , . . . . . . . , . . . . . . . . , . . . , . , . . . . . . . . . . . . . . . , . ., . . ~~~~~ ~ ~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~** **~~~ ~~~ . ,. ;ti~:Ii :Ii ;f,~~:Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. FREDERICK L. BATEMAN Plaintiff No. 2273 Civil 2003 VERSUS SUSAN E. BATEMAN Defendant DECREE IN DIVORCE AND NOW, :lUl'lC :1...0 Frederick L. Bateman 2005 , IT IS ORDERED AND DECREED THAT , PLAI NTI FF, Susan E. Bateman AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: ... " ~ . J. . . . . . . . PROTHONOTARY . , . , ~~~;ti"'''' "'~~ ~"'''''''~~~'''''''''~~'''''' "'+;f,~ "'''''''~+~'''''''''~ "'''' ~~"':Ii"'~ .. . . . . . . . . . . . . , . . . . . . . . . . . + , . . . . . . . . . . . . . . . . . . , . . . , . . . . . . ..-/ (.., ~ ~ '7!/h 5" qe 1 '/. $C' ___ ;IHl "/'9 fl" "" "'I ~+~ fJ:& % '-'P - . . .. "-, ,'..'II"., Co' ~ ."1... ' ~,