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HomeMy WebLinkAbout03-3088FEDERMAN 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 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff PAUL D. WILSON, JR. A/K/A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON A/K/A PEGGY WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION TERM No.o CUMBERLAND COUNTY Defendant(s) CIVIL 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 the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 62867 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. File #: 62867 Plaintiffis GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: PAUL D. WILSON, JR. A/IrJA PAUL D. WILSON TERRY ZE1DERS MARGARET A. WILSON A/K/A PEGGY WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/26/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1273, Page 1184. By Assignment of Mortgage recorded 9/18/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 654, Page 1104. 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 02/01/2003 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. File #: 62867 The following amounts are due on the mortgage: Principal Balance Interest 01/01/2003 through 06/27/2003 (Per Diem $17.87) Attorney's Fees Cumulative Late Charges 07/26/1995 to 06/27/2003 Cost of Suit and Title Search Subtotal $81,516.56 3,180.86 1,250.00 139.93 $ 550.00 $ 86,637.35 Escrow Credit - 714.56 Deficit 0.00 Subtotal $- 714.56 TOTAL $ 85,922.79 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth themun, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an author/zed consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 85,922.79, together with interest from 06/27/2003 at the rate orS17.87 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. By: /s~Francis S. Halltaan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 62867 B~:GINNING at a P.K. nail in the cents=line of PA Route of the existing septic system and drain field which presently 2 a, nd Loc No. 3. BEING KNOWN AS: 2~41 NEWVILLE ROAD 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 CASE NO: 2003-03088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RETURN - REGULAR SHAIqNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE WILSON PAUL D JR AKA PAUL D WILSON DEFENDANT , at 1225:00 HOURS, on the at 2141 NEWVILLE ROAD CARLISLE, PA 17013 PEGGY WILSON, EX-WIFE, BOTH was served upon the a true 9th day of July , 2003 by handing to STILL LIVE THERE together with and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 4 Affidavit Surcharge 10 32 00 14 00 00 00 14 Sworn and Subscribed to before me this ~ ~ day of ~.~,~ ~ A.D. VP~othonotary -- So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHELAN By: ~D~ ~S~eri~~- SHERIFF'S RETURN - REGULAR CASE NO: 2003-03088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL SHANNON SHERTZER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ZEIDERS TERRY DEFENDANT , at 1225:00 HOURS, at 2141 NEWVILLE ROAD CARLISLE, PA 17013 by handing to PEGGY WILSON, SISTER a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 9th day of July the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 Sworn and Subscribed to before me this (,~ day of. So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHELAN Deputy Sheriff SHERIFF'S CASE NO: 2003-03088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS WILSON PAUL D JR ET AL RETURN - REGULAR SHAAINON SHERTZER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WILSON MARGARET A AKA PEGGY WILSON DEFENDANT , at 1225:00 HOURS, on the at 2141 NEWVILLE ROAD CARLISLE, PA 17013 PEGGY WILSON a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the 9th day of July , 2003 by handing to together with MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of ~003 A.D. So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHELAN By: ~/I De__put ~She r~% f f/' 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 (215} 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, V. PAUL D. WILSON JR. A/FdA PAUL D. WILSON, TERRY ZEIDERS, and MARGARET A. WILSON A/FdA PEGGY WILSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3088 CML TERM 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 PAUL D. WILSON JR. A/K/A PAUL D. WILSON and TERRY ZEIDERS, and MARGARET A. WILSON A/K/A PEGGY WILSON, 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 6/27/03 to 9/8/03 TOTAL $85,922.79 $1,322.38 $87,245.17 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDEtLMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No, 32227 FRANCIS S. HALLrNAN, ESQ. Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHL~., PA 19103 (71 ~) 56%7000 GMAC MORTGAGE CORPOiL&TION Plamnff Vs. PAUL D. WILSON, JR..~K/A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON AJI~'A PEGGY WILSON Defendants ATTORaNEY FOR PLAiNTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CU~BERLAND COUNTY : NO. 03-3088 CML TERM TO: PAUL D. WILSON, JR. A/K/A PAUL D. WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: &UGI TST 14. 200't THIS FIILM 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 INFOILMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAaX/KRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AI1LMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORT ANT NOTICI~ 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 clarms set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. if you do not have a lawyer or cannot afford one, go to or tele~the folloWing office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LiBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUqRE Attorneys for Plaintiff FEDERM~N AND PHELAN, LLP FPOuNK 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 ('~15) 56'~-7000 GMAC MORTGAGE COR/PORATION Plaintiff Vs. PAUL D. WILSON, IR..~A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON A~K/A PEGGY WILSON Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION Cb ~WLBERLAND COU ~'N-FY : NO. 03-3088 CML TERM TO: TERRY ZEIDERS 2141 NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: &I/GUST 14. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AXN ATTEMPT TO COLLECT THE DqT)EBTEDNESS REFERRED TO HEREIN, Ax,fi) ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IX YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAxNK.RUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IM'PORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attomey and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff FEDERaMAN AND PHELAN, LLP FRaMNK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ. Id. No, 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PEN~'N CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 GMAC MORTGAGE CORPORATION Plaintiff VS. PAUL D. WILSON, JR..~IG'A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON A,~OA PEGGY WILSON Defendants ATTORNEY FOR PLAiNTIFF :COLT, T OF COMMON PLEAS : CIVIL DIVISION : CU~WIBERLAND COUNTY : NO, 03-3088 CIVIL TE1LM TO: MARGARET A. WILSON .~KJA PEGGY WILSON 2141 NEWV[LLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: AI)'GUST 14. 2003 THIS FIRM IS A DEBT COLLECTOR ATTE~MPTING TO COLLECT A DEBT. THIS NOTICE IS SEN'r TO YOU IN AN ATTEM?T TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.Il: YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the ciam-ts set forth against you. Unless you act within ten (10) days l~om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other anportant rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys tbr Plamnff FEDERMAN AND PHELAN, LLP FRANK FEDEILMAN, ESQ., Id. No. 12248 LAWRENCE T. PHEL,auN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA l 9103 (?1 '~) 561-7000 GMAC MORTGAGE CORPORATION Plaintiff Vs. PAUL D. WILSON, IR..~(d'A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON ,'VK/A PEGGY WILSON Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUNIBERLAND COUNTY : NO. 03-3088 CML TERM TO: PAUL D. WILSON, JR. A/K/A PAUL D. WILSON 602 BELLA VISTA DRIVE ENOLA, PA 17025 DATE OF NOTICE: AITGITST 14. 2003 THIS FIRM IS A DEBT COLLECTOR A~FFEMPTING TO COLLECT A DEBT. THIS NOTICE tS SENT TO YOU IN .43/ ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.~ YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN Ai'i~MPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are m dethult because you have thiled to enter a written appearance personally or by attorney and file m writing with the court your defenses or objections to the ciaans set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the folloxvmg office to find out where you can get legal help: CUMBERLAND COUNTY CLW[BERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERM~N, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (215) 561-7000 GMAC MORTGAGE COPd~ORATION Plaintiff VS. PAUL D. WILSON, JR..~K/A PAUL D. WILSON TERRY ZEDERS MARGARET A. WILSON .%'K/A PEGGY WILSON Defendants ATTORNEY FOR PLAINTIFF :COLT, T OF CONkMON PLEAS : CML DMSION : CL2vEBERLAND COULNTY : NO. 03-3088 CIYTL TERM TO: TERRY ZEIDERS 602 BELLA VISTA DRIVE ENOLA, PA 17025 DATE OF NOTICE: *,IrGU,qT 14. 2003 THIS FllLM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN tUN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND tUNY INTORMATION 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 Ai-IIdMI~T 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 ciaum set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LII3ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 5 ~.' CZ.'/', v( 5 ,' ['~, , -- ~ O.~ -,7 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDEItaMAN, ESQ., Id. No. 1224.8 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?1 ~;) q6'I-7000 GMAC MORTGAGE CORPORATION Platmiff Vs. PAUL D. WILSON, IR. AfK/A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON AJK/A PEGGY WILSON Defendants ATTOICNEY FOR PLAIN'TIFF COURT OF COM2vlON PLEAS CIVIL D Fv'ISION CUi'M]3 ERLANT) COUNTY NO. 03-3088 CML TERM TO: MARGARET A. WlI~SON A/KJA PEGGY WILSON 602 BELLA VISTA DRIVE ENOLA, PA 17025 DATE OF NOTICE: &UGI rST 14. *-003 THIS FI1LM IS A DEBT COLLECTOR ATTEMI~TING TO COLLECT A DEBT. THiS NOTICE IS SENT TO YOU tN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEKEIN~ AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PL~.POSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE iN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AN7) SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT · NT NOTICE You are m dethult because you have failed to enter a wrttten appearance personally or by attorney and file tn wriung wxth the court your defenses or objecUons to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other tmPortant rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAxND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FIL&NK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLFNAN, ESQUIKE Attorneys tbr Plaintiff SHERIFF'S CASE NO: 2003-03088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOEATION VS WILSON PAUL D JR ET AL RETLrRN - REGULAR SH3%NNON SHERTZER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE WILSON MARGD~RET A AKA PEGGY WILSON DEFENDANT at 1225:00 HOURS, at 2141 NEWVILLE ROAD CARLISLE, PA 17013 PEGGY WILSON a true and attested copy of COMPLAINT - on the 9th day of July Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 So Answers: O0 ,.~..~,..~/ 00 R. Thomas Kline 00 00 07/11/2003 FEDERMAN & PHELAN Deputy Sheriff Sworn and Subscribed to before me this day of A.D. Prothonotary SHERIFF'S .CASE NO: 2003-02088 COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RETURN - REGULAR SHAlqNON SHERTZER , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of July 2003 by handing to STILL LIVE THERE MORT FORE together with says, the within COMPLAINT - MORT FORE WILSON PAUL D JR AKA PAUL D WILSON DEFENDANT at 1225:00 HOURS, on the at 2141 NEWVILLE ROAD CARLISLE, PA 17013 PEGGY WILSON, EX-WIFE, BOTH a true and attested copy of COMPLAINT - and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHELAN Deputy Prothonotary SHERIFF'S RETURN - CASE NO: 2003-03088 P COMMONWEALTH OF PENNSYLVANIA: COLTNTY OF CLTMBERLkND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL REGULAR SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ZEIDERS TERRY DEFENDANT , at 1225:00 at 2141 NEWVILLE ROAD CA~RLISLE, PA 17013 PEGGY WILSON, SISTER - MORT FORE HOURS, on the was served upon 9th day of July by handing to the , 2003 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHELAN Deputy Sheriff Prothonotary 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 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, PAUL D. WILSON JR. A/K/A PAUL D. WILSON TERRY ZEIDERS, and MARGARET A. WILSON A/K/A PEGGY WILSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3088 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaimiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL D. WILSON JR. A/K/A PAUL D. WILSON is over 18 years of age and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013. (c) that defendants TERRY ZEIDERS, and MARGARET A. WILSON A/FdA PEGGY WILSON is over 18 years of age, and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEOAL DESCRIPTION ALL TIIAT CERTAIN tract of land with improveme~ thereon erected, situate in West Penusboto Town~hip, Cumlmrland Coamy~ Petlnsylvania, botmdcd ar<l described in accordance with a Plan as set forth in the Office of ~hc Rccord~ of Deed~ of L'nmber ~'lancl County, Pennsylvania, in Plan Book 5:5, Page BEGINNING al a P,K, nail in the egnterline of PA Rome 641 at corner of Lot No. 2, la~ now or fom~erly of ~ugl~s M McCa~my, ~ ux; t~ along l~s ~w or fairly of the ~ M~ a~ Mong ~e Wc~cra ~ge ~' ~ W~ ~ble of a ~tone ho~, N~ 08 $~nd$ W~, 68.71 f<t ~ a pelto; the~ ~mtMuMg along I~t No, 2, Nor~ 31 s<o~; West, 67,19 fee~ ~ ~ h'on pM; ~e still alo~ ~e, No~ 01 dc~ 38 m;im~lcs 53 s~onda ~st, 183.98 f¢~ t0 aa iron pin; ~e~ alo~ ~e P~lvaMa T~o ~mlission, S~th 83 ~e~ ~ minat~ ~ ~o~* ~. ~, 14 ~t m ~ ir~ p~; t~e at~g lbo con. tiMe of ~id PA ~ ~1, So~ 87 d~r~s feet ~ a P,K, ~H, ~e p~ of ~ginnmg. CON'fAIN'ING 2.906 acres and designated as Jhc r~mainder of Lot No. 3 on Plan lbr Stanley alld Slurry AOam~, UNDER AND SUBJECT to the rigMs of the owaezs of the adjacem ]Lot No. 2 to ~hare wi~h (3rantee~s herein by the use of the existillg s~ptic system and dgaia field which pre~ezltly aerve.n ~ae hc-r~in conveyed house and th~ adjoining house. Ea~ represcntaliw owner shall be reaponsible to maintain the line from ttmir respectiw residen~ lo the ~.ptic tank, All cram of maitaai-_L-~, repairing or rcola~ie$ the s,*ptio tank and drain field shail be shared, on an equal basis by the Ownc~ of Lot Ne. 2 a~ Lo~ No. 3. TAX PARCEL #07~0477~042 TITLE TO SAID pREIvllSES IS ¥~$TED I~ Paul D. Wilson, Jr, and Maxgarct A, Wil~, ~ha~ ~ wife, as ~o ~ ~iv~ed O~f intete~ as t~ by ~e ent~' and Toffy W. Ze~ si~e p~n~ as to ~e ~ning o~iv~ed one-haft ~tere~ by ~ ~ Donna Mullia~, s~gle p~*a da~ 7126II995 and r~Med 7/28/1~5 in (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, PAUL D. WILSON JR. AIK/A PAUL D. WILSON, TERRY ZEIDERS, and MARGARET A. WILSON A/K/A PEGGY WILSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3088 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been emered against you on DEPUTY If you have any questions concerning this matter, please contact: FR~ FE~? ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N 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.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. PAUL D. WILSON JR. A/K/A PAUL D. WILSON, TERRY ZEIDERS, and MARGARET A. WILSON A/ICJA PEGGY WILSON Defendant(s). No. 2003-3088 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/8/03 to DECEMBER 10, 2003 (per diem -$14.34) TOTAL $87,245.17 $1,333.62 and Costs $88,578.79 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION ALL THAT CF..RTAIN tract of lal,.d with improvements th~eon erected, situate in West P~nsboro Township. C3.qnberland County, Pe~lllgyl'vania, beam/led ami described ku accordance with a Platl as fc~h in the Office of the Recorder of Deud$ of Lh. lmb~hnd Comity, Penngylvarfia, in Plan Book Page 87. BEGINNLNG at a P,K, nail in fl~e C~uterline af PA Rou~e 643. at coiner of Lot No. 2, lands now or formerly of Douglas M, McCamley, ~ ax; thence along lands now or fo{motif of the said McCartu~y argJ along time Wcsmru edge of the W~'t gable of a s'ton~ heAl,~, Noo. h 08 d~lgree~ 1'7 rainute$ 31 S~uds Wesi, 68.71 tee{ ~o a point; thence continuiug along Let No, 2, North 09 degretta 0~¢ ~inat<~ 31 seconds Wegt. 67.19 feet to an iron pta; thence still along same, North 0l degtr.~ 38 initiates 53 seconds l/asr, 183.98 f~-t to aa iron pin', theme atone the Pe~uns¥1vanla TI;nmpike Cc~mmLssion, SoUlh 83 degrer,,s 29 minutes 44 seconds {FA/~,a. d ~,~, 14 f~t to an iron pin; thence along Lot No~ 4 on saki Plan, So~ 04 de~ees 0fi minut~ 40 seconds Fast, 145,52 fo~t tO a poim in the tear. line of PA Route 641; thc. ge along the centerlhle of said PA Route 641, South 87 degrens O1 minut~ 35 secoIgls Vt/cst, 444,26 fne~ to a P,K. rtali, th{: place of h:ginning. CONTAINING 2.906 acres and designated as the remainder of Lot No. 3 oa Pla~ for Stanley and Sherry Adams, UNDFZR AND SUBJECT ~ the rtikts of the owners of the adja,-,~nt Lot No. Z to share wi~h G-tautens he~iu by the u~ of the existing sq-~ system and drain fl. eld which presemly serves ~he h~rein ~.'ouvcyed house and the ndjoi~ house. EaCh represeraative owner shall be responsible to maintain the line {~rc~u their rcs0e~tlve reskieac~ to the septic tank, All corn of maitll~, repairing or rcplaChig the s~ptio tank and drain field si'all be dinted o]x an equal basis by the ov,,lmel~. 0f t.o[ and Lot No. 3. TAX PARCEL #07-0477-042 TITLE TO SAID pR.EMISE.g IS V~,~TED [~_ Paul D. Wilson, {r, and M~tgarct A, V¢ilsou, bashan6 a~ wife, as ~o ~ ~ivMed o~-~f intete~ ~ t~n~ by ~ entirety and Terry Z(~, single p~, as m ~e ~aining u~iv~ one-hall' ~tete~ by ~ ~ Donna Mullim, $~gle per~u d~d 7/26f1~5 ~d r~M~d ?t2g/l~5 in D~ ~k 125, Page 868. 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 (215) 563-7000 GMAC MORTGAGE CORPORATION Plainffff, PAUL D. WILSON JR. A/K]A PAUL D. WILSON, TERRY ZEIDERS, and MARGARET A. WILSON A/I~A PEGGY WILSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3088 CIVIL TERM 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: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) 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 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 PHILADELPItlA, PA 19103-1814 (215~ 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, PAUL D. VOLSON JR. A/K/A PAUL D. WILSON TERRY ZEIDERS, and MARGARET A. WILSON A/K/A PEGGY WILSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 2003-3088 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL D. WILSON JR. A/FdA PAUL D. WILSON is over 18 years of age and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013. (c) that defendants TERRY ZEIDERS, and MARGARET A. WILSON A/FdA PEGGY WILSON is over 18 years of age, and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff GMAC MORTGAGE CORPORATION : Plaintiff, : PAUL D. V/ILSON JR. AfK/A PAUL D. WILSON, : TERRY ZEIDERS, and MARGARET A. WILSON : A/K/A PEGGY WILSON : : Defendant(s). : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3088 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,2141 NEWVILLE ROAD, 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) PAUL D. WILSON JR~ A/K/A PAUL D. WILSON TERRY ZEIDERS MARGARET A. WILSON A/K/A PEGGY WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 2141 NEWVILLE ROAD CARLISLE, PA 17013 2141 NEWVILLE ROAD CARLISLE, PA 17013 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 SHIPLEY ENERGY COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 604 E. LOCUST STREET MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Nalne Last Known Address (if address carmot be reasonably ascertained, please indicate) THE CIT GROUP/CONSUMER FINANCE, INC. 8000 SAGEMORE DRIVE, SUITE 8202 MARLTON, NJ 08053 ASSOCIATES CONSUMER DISCOUNT COMPANY 5080 C JONESTOWN ROAD HARRISBURG, PA 17112 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 mad 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 214l NEWVILLE ROAD 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 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. September 8, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, PAUL D. WILSON JR. A/K~A PAUL D. WILSON, TERRY ZEIDERS and MARGARET A. WILSON A/K/A PEGGY WILSON Defendant(s). CUMBERLAND COUNTY No. 2003-3088 CIVIL TERM September 8, 2003 TO: PAUL D. WILSON JR. A/I(JA PAUL D. WILSON 602 BELLA VISTA DRIVE CARLISLE, PA 17013 TERRY ZEIDERS 602 BELLA VISTA DRIVE CARLISLE, PA 17013 MARGARET A. WILSON A/K/A PEGGY WILSON 602 BELLA VISTA DRIVE CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECE1VED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTK ** Your house (real estate) at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the SherifPs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $87,245.17 obtained by 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 SherifPs 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 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 OTItER 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 g~ossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount 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 fights and defenses, or ways of getting your home back, if you act immediately afier 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 (soo) ~}9o-91o8 LEGAL DESCRIPTION ALL THAT CERTAIN ~ract of l~nd willt improveme0l.s ~he. reon o'~t~, sim~e ~ Wcs~ P~S~m Towmhip. ~mb~rla~ County. Pen~sylv~ia, b~ed a~ d~crib~d ~ a~rdance wi~ a Plan as forth m ~e office of ~e Record: vt ~ of Cumb~lanO Com~y, Pennsylvatfia, }a Pl~ Book Page 87, BEGINNING at a PK. nail in the cgnterline of PA Route 641 at comer of Lot No. 2, la~ls now or formerly of Douglas M, Mc. Cartmy, et ox; then~ along la~s ~w or formerly of ~e ~ McC~ and ~ong ~e Wes~rn ~ge of fl~ W~i ~bte of a st~e ho~ No~ 08 d~ 17 ~ules ~gonds We~, 68.71 f~l m a point; the~e ~ntina~g along I~t No. 2, Norfl~ ~ d~r~s 04 ~inutes 31 s~onds West, 67.19 feet m m~ kon p~; ~ce still a[o~ ~e, No~h O1 degree 38 miut~ms 53 s~onds ~st. 183.98 fm to an iron pin; ~ence a{o~ r~ Pe~lva~a Tu~c Commission, S~th 83 d~rces 29 minutes ~ s~onds ~st, ~ I4 ~t m aa iron p~; the~ along lint SOU~ degr~s ~ ~ 40 gmn~ ~t, 245,52 ~t to a~im in tM ~n~rliac of PA ~e 641; th~ge along the genitive of mid PA ~ ~1, Sou~ 87 d~r~s 01 miriam 35 mm~s W~, ~426 feet m a P.K ~Jl, C~e pta~ of ~ginniug. CON'£AINING 2.906 ac:res and desigaa~e~ aS Ih; remainder of Lot No, 3 or, Plan for Stanley ami Sherry Adams, UNDER AND SUBJECT to ~he rigltts of the owners of ~he adjacent ~t No. 2 ~ ~h~e wi~h ~e ~antee~s h~cin by tl~e ~ office ~ist~g s~ic system a~ ~a~ ~Id which pr~fly ~es ~e heroin convey~ ho~ ~ ~e ~oini~g ~a~. ~ch repr~mlive o~r ~1 ~ responsible to min~ the li~ trom ~k m~ecfive msi~n~ m the ~ic tank. All co~Xs of maintai~g, mpair~g or replying the s~p~ie ta~ ~ amia ~la ~1~1 ~ shared m~ an ~ual basis by the ~:aet~ of Lot No, 2 and ~t No. 3. TAX PARCEL #074)477,042 TITLE TO SAID pREMISES !$ yF~gTED IN. Paul D, Wilson, Jr. and Margam A. Wilson, husha~ ~ wife, as m ~ ~ifd~ o~f in~teg a~ ~ by ~e entirety and T~y W, Zeid~, single p~n, as to ~e r~ainin8 u~iv~ one-half interest by ~ ~ Doa~ Mullim, single pem*a d~d 7/26/1995 ~ recorded 7/28~1~5 in D~ ~k 125, ~gc 868, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3088 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From PAUL D. WILSON JR. A/K/A PAUL D. WILSON, TERRY ZEIDERS, AND MARGARET A. WILSON AfKIA PEGGY WILSON (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 possession of GARNISHEE(S) as follows: and to notify the ganfishee(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 garff~shee and is enjoined as above stated. Amount Due $87,245.17 L.L. $.50 Interest FROM 9/8/03 TO 12/10/03 (PER DIEM - $14.34) - $1,333.62 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $146.14 Other Costs Plaintiff Paid Date: SEPTEMBER 9, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothonot~,r~ ,..~v: Z~_~r~-., -t~'. Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA~ PA 19103-1814 Attorney for: PLAIWI'IFF Telephone: 215-563-7000 Supreme Court ID No. 12248 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION PAUL D. WILSON JR. A/K/A PAUL D. WILSON, TERRy ZEIDERS, MARGARET A. WILSON A/K/A PEGGY WILSON SERVE MARGARET A. WILSON A/FdA PEGGY WILSON AT 2141 NEWVILLE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY KMD No. 2003-3088 CIVIL TERM ACCT. #306818161 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 of Pennsylvania, in the manner described below: _, Commonwealth Defendant personally served ~Adu t 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. ~Ma'nager/Clerk of place of lodging in which Defendant(s) reside(s). -- _Agent or person in charge of Defendant(s)'s office or usual place of business. _ Other: an officer of said Defendant(s)'s company. · ~ ~ ther -- ' ,, competent adult be' and lng swo n according to aw, de ose t .... herifl~o ~ m me ma~ . . P and state that I personall ha ~e ad.ess ~nd~cated above, er as set fo~h here]n, ~ssued m the cantioneA .~ ..... Y nded Sworn to and subscribed before mC this ~ay PLEASE ATTEMPT ~VICE ~LEA~ ~_~ a ~NIES. INDICATE DATES ~IMES OF SER~CE ATTEMPTED. NOT SER~D On the _ day of _, 200~, at ~ Moved 1 st Attempt:__ / __ clock __.m., DeferLdant NOT FOUND because: __ Unknown~ No Answer ~ Vacant / Time:__ : 2~ Atternpt:~/ / Time:__ : 3rd Attempt:__ / / Time: : Sworn to and subscribed before me this __ day of _, 200 _. Notary: At._ ttorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 By: PLAINTIFF AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION DEFENDANT(S) PAUL D. WILSON JR. AfK/A PAUL D. WILSON, TERRY ZEIDERS, MARGARET A. WILSON A/K/A PEGGY WILSON SERVE TERRY ZEIDERS AT 2141 NEWVILLE ROAD CARLISLE, PA 17013 CUMBEiLLAND COUNTY I~MD No. 2003-3088 CIVIL TERM ACCT. #306818161 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known to ~'~"~',( ,~.;&~or, at of Pe~sylvania. in the ~er described below: dayof ~k~.~?t200~ , Commonwealth Defendant personally served. ~-Adult family member with whom Defendant(s)reside(s). Relationship is _ ~'~ - ~} b: ~D~..~ .Adult in charge of Defendant(s)'s residence who refused to give name or relatio~p. Manager/Clerk of place of lodg~g in which Defendant(s) reside(s). Agent or person in charge of Defen~nt(s)'s office or usual place of business. an officer of said D ' efendant(s) s company. ~.Other Description: Age~ Height ~'// Weight ~/~* Race ~ Sex ~ Other I, C~¢~Ct ~, ~, ~W ,acompetentadult, bein dui sw ' ,- · ' - / g y om accoroim, to taw, depose and state that I ersonall a ~e and co~ect copy of the Notice of SherifFs Sale in the ma~er as set foah herein i~,,~a ' *h . , p y handed the address indicated above. ----, ...... tn ,,e capnonea case on the date and at . ", NOT SERVED On the day of ,200__, at __ Moved Unknown__ No Answer 1st Attempt:. / / Time: : 3rd Attempt: / / Time: : __ o'clock __.m., Defendant NOT FOUND because: Vacant nttempt._ / / Time: Sworn to and subscribed before me this --. day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 GMAC Mortgage Corporation VS Paul D. Wilson Jr. a/k/a Paul D. Wilson, Terry Zeiders and Margaret A. Wilson a/k/a Peggy Wilson In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3088 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. SherifFs Costs: Docketing 30.00 Poundage 15.53 Posting Handbills 15.00 Advertising 15.00 Mileage 9.66 Levy 15.00 Surcharge 40.00 Law Library .50 Prothonotary 1.00 Law Journal 395.60 Patriot News 225.85 Share of Bills 28.90 $ 792.04 paid by attorney 11/20/03 This 3 R. Thomas Kline, Sheriff Prothonotary Real Est~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Ac~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business et 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner end publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th day(s) of November 2003. 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 for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION ..................... .~....~ ............ COPY sworn to an"~efor~.~this 19th d,~y~f~No/v/em~r 2003 A.D. ~MmYberC°j~nm;~.~i~ExA~;?odJaJ~; ~f Notafies~Y commission expires June 6, 2006 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 $ 225.85 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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: OCTOBER 17, 24, 31, 2003 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. 73 Writ No. 2003-3088 Civil GMAC Mortgage Corporation VS. Paul D. Wilson, Jr., a/k/a Paul D. Wilson, Terry Zeiders and Margaret A. Wilson, a/k/a Peggy Wilson Atty.: Frank Federm~an LEGAL DESCRIPTION ALL THAT CERTAIN tract of land x~th improvements thereon erected, situate in West Pennsboro Town ship, Cumberland County, Pennsyi- vania, bounded and described in accordance with a Plan as set forth in the Office of the Recorder of Deeds of Cumberland County. Penn- sylvania, in Plan Book 55, Page 87. BEGINNING at a P.K. nail in the centerline of PA Route 641 at cor- ner of Lot No. 2. lands now or for- merly of Douglas M. McCartney, et ux; thence along lands now or lbr- merly of the said McCartney and along the Western edge of the West gable of a stone house, North 08 degrees 17 minutes 31 seconds West. 68.71 feet to a point: thence con- tinuing along Lot No. 2, North 09 degrees 04 minutes 31 seconds West, 67.19 feet to an iron pin: thence still along same, North 0~, ~egree 38 minutes 53 seconds East. ~-"~t. m ~ iron pin: thence -- m,~canike e, tor SWORN'TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 mx; thence along lai~ds now or ior merly of the said McCartney and along the Western edge of the West gable of a stone house. North 0B degrees 17 minutes 31 seconds West, 68.71 feet to a point; thence con- tinuing along Lot No. 2, North 09 degrees 04 minutes 31 seconds West. 67.19 l~et to an iron pin; thence still along same, North degree 38 r~mutes 53 seconds East, i83.98 feet to an h'on pin; thence along the Pennsylvania Turnpike Commission. South 83 degrees 29 minutes 44 seco~ds East. 444. I4 feet to an iron pin: thence along Lot No. 4 on s~d Plan. South 04 de- grees 06 minutes 40 seconds East, 245.52 feet to a point in the terlthe o1' PA Route $41; thence along the centerline of said PA Route ~41, South 87 degrees O1 minute 35 seconds West, 444.26 feet to P.K, nail. the place of beginning. CONTAINING 2.906 acres and designated as the remainder of Lot No, 3 on Plan tbr Stanley and Sherry Adams. UNDER AND SUBJECT to the rights of the owners of the adjacent Lot No. 2 to share with the Grant- ees herein by the use of the exist~ lng septic system and drain t'teld which presently serves the herein conveyed house and the adjoining house. Each representative owner shall be responsible to maintain the line lyon their respective residence "to the septic tank. All co,ts of main- taining, repairing or replacing tht septic tank and drain field shall b~ shared on an equal basin by th owners or Lot No, 2 mad Lot No. TAX PARCEL #07-0477-042. TITLE TO SAID PREMISES VESTED IN Paul D. W~lson, dr. a~ Margaret A. Wilson, husband a wife, as to an undivided one-h interest as tenants by the entir and Terry W. Zeiders. single p son. as to the remak~ing undivi one-half interest by Deed fi Donna Mullins. single person d 7/26/1995 and recorded 7/ 1995 in Deed Book 125. Page