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HomeMy WebLinkAbout03-3860FEDERMAN 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 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON 2200 FENWICK AVENUE MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED 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#: 77540 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 #: 77540 Plaintiff is 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: MARIAN K. ANDERSON-DANNER A/I<UA MARIAN K DANNER- ANDERSON 2200 FENWlCK AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/25/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1434, Page 401. 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 03/01/2003 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 #: 77540 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2003 through 08/06/2003 (Per Diem $22.23) Attorney's Fees Cumulative Late Charges 02/25/1998 to 08/06/2003 Cost of Suit and Title Search Subtotal $108,169.88 4,157.01 1,250.00 157.20 $ 550.00 $114,284.09 Escrow Credit - 299.90 Deficit 0.00 Subtotal $- 299.90 TOTAL $113,984.19 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $113,984.19, together with interest from 08/06/2003 at the rate of $22.23 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: FEDERMAN AND PHELAN, ~L~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 77540 dircc~on by ~n arc or c~rve t~ the riEht with a radiu~ of 50 feet, ~ a~c dlstallce of 35.14 feet to 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. DATE: SHERIFF'S RETURN - CASE NO: 2003-03860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS ANDERSON-DANNER MARIAN K A/K/A REGULAR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANDERSON-DANNER MARIAN K A/K/A MARIAN K DAiFNER-ANDERSON the DEFENDANT , at 2050:00 HOURS, at 2200 FENWICK AVENUE MECHA. NICSBURG, PA 17055 MARIAN ANDERSON DANNER a true and attested copy of COMPLAINT on the 3rd day of September, 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /7 ~ day of  ~ A.D. othonotary' So Answers: R. Thomas Kline 09/04/2003 FEDERMAN & PHELAN 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, MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DMSION NO. 03-3860 C,T. 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 MARIAN K. ANDERSON-DANNER A/FdA MARIAN K. DANNER-ANDERSON and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 8/7/03-10/8/03 to 10/9/03 TOTAL $113,984.19 $1,400.49 $115,384.68 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 .~2qD 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 (5'15) 563.7000 GMAC MORTGAGE CORPORATION Plaintiff Vs. MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3860 CIVIL TERM TO: MARIAN IC ANDERSON-DANNER AfK/A MARIAN IC DANNER-ANDERSON 2200 FENWICK AVENUE MECHANICSBURG, PA 17055 DATE OF NOTICE: SF, PTE, MBF, R 24. 200't COPy THIS FIRM IS A DEBT COLLECTOR ATTEIVIFTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AI-IEMPT TO COLLECT A DEBT, BUT ONLY AS ENFOKCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FiLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES~ THAT MAY OFFER LEGAL SERVICES TO EI_IGIBL~-I;;~eI~NS AT A REDUCED FEE OR NO FEE. 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 SHERIFF ' S CASE NO: 2003-03860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS ANDERSON-DAI~NER MARIAN K A/K/A RETURN - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon ANDERSON-DANNER MARIAN K A/K/A MARIAN K DANNER-ANDERSON the DEFENDANT , at 2050:00 HOURS, on the 3rd day of September, at 2200 FEN-WICK AVENUE MECHANICSBURG, PA 17055 by handing to MARIAN ANDERSON DANNER a true and attested copy of COMPLAINT - MORT FORE together with law, 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 6 Affidavit Surcharge 10 34 00 90 00 00 O0 9O So Answers: R. Thomas Kline Sworn and Subscribed to before me this day of A.D. 09/04/2003 FEDERMAN & PHELAN By: ~ 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, MARIAN K. ANDERSON-DANNER AIK/A MARIAN K. DANNER-ANDERSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3860 C.T. 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 MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON is over 18 years of age and resides at, 2200 FENWICK AVENUE, MECHANICSBURG, PA 17055 . 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 Request for Military Status Page 1 of 1 Department of Defcnse Manpower Data Center OCT-08-2003 07:24:55 Military, Stares Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 Cun'ently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the intbrmation data banks of the Department of Defbnse Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defeuse Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defeuse Enrolh?nent and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility :tbr military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owaJssera.prc_Seleet 10/8/2003 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, MARIAN K. ANDERSON-DANNER AfK/A MARIAN K. DANNER-ANDERSON Defendant(s). No. 03-3860 C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/9/03 to MARCH 3, 2004 (per diem -$18.97) TOTAL $115,384.68 $2,788.59 and Costs $118,173.27 FRANK FEDERMAN, ESQUIRE One Penn Cemer at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN p~ce or p~rcel o~ ~ wkh ~ buildings aud ~pmv~ i~e~ e~, si~ in ~ T~hip of U~ ~, C~ of ~ ~ S~ of ~ylv~, m~ ~m~y b~ ~ d~ as follows, to wit: BEGINNING at a poim on the Northern line of ~n~ Av~e ~ ~ ~u~ ~r of ~ No. 1~ ~ ~wn ~ ~¢ ~rei~ ~e~ua~ PI~ ~ ~; ~ ~ ~ dividing I~ ~n ~t Nos. 135 a~ 136, No~ 12 ~ 0 mi~ 24 ~ W~t, 174.~ ~t to a ~ ~ ~ S~n llne of ~Ot A~e; ~ ~ ~e S~n ti~ of ~elot Argue ~ ~ ~y ~ by ~ ~ or cu~c to ~e ~{ht ~v~ n ~i~ of 50 ~. ~ a~ di~¢ of 36,14 f~ ~ a ~im; ~ by ~e ~ ~e ri~t w~ a ~i~ of ~ ~ ~ ~u dism~ of 31.~ f~t m a ~int ~ ~ N~m 1}~ of F~ Avo~; ~ by ~ a~e, S~h ~ do~ 39 ~ 40 a~s W~, S,36 f~ to a ~t; ~ by ~e ~e ~ ~ ~ c~e to t~ ti~t ~ a ~us of 162.74 fe~, ~ uc d~ of BFJNG Lot No. 135 on the plan of Lots o~ Cenier Square Manor, Extension 'A" Plan No, 3 which said Plan is recorded in the Cumberland County R~corder's Office in Plan Book 25, page 80. HAVINO therenu cre~l~l a brick and aiumiuu~ bi-level dwelling known and numbered as 2200 Avenue, Mudlanicfburg, Pennsylvania. 'I1TLE TO ,'{AID PREMIS~ IS VESTED IN Marian K. Aml~r~on Drainer, single womau by Deed from Samuel A. $~ly, single man an4 {er{Rye L. S~ly, single woman dated 2Y2~/19~8 and roeorded 2/2711998 in Deed Beok 172, page 705. Tax Pal~el tt42-30-2108-219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3860 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 MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON (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 at~:ach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from deliver/ng any property of the defendant (s) or otherwise disposing thereof; (3) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $115,384.68 L.L. $.50 Interest FROM 10/9/03 TO 3/3/04 (PER DIEM - $18.97) - $2,788.59 AND COSTS Atty's Conma % Due Prothy $1.00 Atty Paid $116.90 Other Costs Plaintiff Paid Date: OCTOBER 13, 2003 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KEiN~NEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIV/L DIV/SION NO. 03-3860 C.T. CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant 0 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 GMAC MORTGAGE CORPORATION Plaintiff, MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3860 C.T. 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,2200 FENWICK AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARIAN lC ANDERSON-DANNER A/FdA 2200 FENWICK AVENUE MARIAN lC DANNER-ANDERSON MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same tis above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland Connty Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 2200 FENWICK AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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. October 9, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON Defendant(s). TO: MARIAN K, ANDERSON-DANNER A/FdA MARIAN K, DANNER-ANDERSON 2200 FENWICK AVENUE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-3860 C.T. October 9, 2003 **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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2200 FENWICK AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the SherilTs Sale on MARCH 3~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $115,384.68 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 SheriWs 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% fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN p~ec.e o~' p~! Of ~ wil~. th~ §uildings and impmvemems dtereon ereaed, slmal~ in the Towmhip of Upp~ Allen, Conmy of Camhcrlaud ~d Sia~e of Pt~msylva~ia, more par-gcttlarly bo~ and descrihot as follows: to BEGINNING at a point on the Northern line of ~wick Aven~ al ~e South~asl corner of Lo~ as ~wn ~ ~ ~rei~er ~o~ Pl~ of ~; th~ by ~ dlvidmi l~ ~we~ ~l Nos. 135 a~ 136, No~ 12 ~ 47 mi~ 24 ~c~ W~t, 174.~ ~t m a ~ ~ ~ S~ I~ne of cu~ to the ~ght ~ a ~i~ of 50 f~. ~ a~ ~ of 36.14 f~t m a m ~ ri~ w~ a ~i~ of 20 ~ ~ ~ di~ of 31.26 f~t to ~ ~im F~w~k Ave~; ~ by ~ s~c, S~h 23 ~ 39 ~ 40 s~s W~, 5.36 f~ to a ~; ~ by the ~e by ~ ~ c~ m t~ rt~t ~ a ~u~ of 162.74 fe~, ~ ~g d~ of BEIN(] Lot No. 135 on the plum of Lots of C~nter Squa~ Manor, Extension 'A" Pl{m No. 3 which said Finn is recorded in ~he Cumb~rlnnd County Recorder's Office in Plan Book 25, page 80. HAVING ~q'eon et~ct~ a b~k:k and alun~tum bi-[~¢l dw~lUng known and numbered as 2200 r~n'wick A¥~¢, Mc~l,~lics, ber~, P~nnsylvanta. 'iITLE TO SAID PREMISF~ ~S VE~ lb{ Malian K, Anderson Dammef, single woman by De~d from Samuel A. Seely, stt~l~ mau and ler~ytl L. Seely, aingl~ woman dated 2/2~/1998 and n~cord~l 2/27/1998 in Deed Book 172, page ?05. Ta~ Paml #42-30-2108-2~.9 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE cORPORATION DEFENDANT(S) MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER-ANDERSON SERVE MARIAN K. ANDERSON-DANNER A/K]A MARIAN K. DANNER-ANDERSON AT 2200 FENWICK AVENUE MECHANICSBURG, PA 17055 cUMBERLAND COUNTY PJT No. 03-3860 C.T. ACCT.#~91760203 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED .. ~u~vc tq+k Served and made known to i~tL~t ~ g~ ~*'1 ~ Or~ ~' , Defendant, on the _ . day of ~0C-,T'°.~l~_, 2005 of Pe~sylva~a, in the ~er desc~bed below: ~ Defen~t persomlly se~ed. Ad~t h~ly member Mth whom Defendant(s) reside(s). Relatious~p is ~ Adult ~ ch~ge of Defendant(s)'s residence who reused to give rome or relafious~p. ~M~ager/Clerk of place of lodg~g in which Defen~t(s) reside(s). Agent or person ~ c~rge of Defen~t(s)'s office or usml place of bus.ess. ~- an officer of said Defendant(s)'s company. O~er: Description: Age ~ Height~ WeightJ~ Race~ Sex_~ . O~er It bern duly ~om according to law, depose ~d state that I personally ~nded I ~ _, a co~etent adu , g ' ' ned ' e caofioned case on ~e date ~d at the ad&ess~aicatedabove. ~~a.?~5~ [ 5worn to ana suvscr ~ I ~~~ of . ,20~. By: ~ff/~ ~ / _ -~c a~, DATES & T~ES OF SER~CE AT PLEASE ATTEMPT SERVICE AT LEAST 3 T~ES. INk,LA ~ n ~a ~' 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 2nd Attempt: / / Time: Sworn to and subscribed before me this day of_ _, 200 _. By: Notary: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION VS. MARIAN K. ANDERSON-DANNER A/K/A MARIAN K. DANNER- ANDERSON l C1VIL ACTION ) CWIL DIVISION ) NO. 03-3860 C.T. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on October l0t 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC Mortgage Corporation VS Marian K. Anderson-Danner a/k/a Marian K. Danner-Anderson In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3860 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. Sheriff's Costs: Docketing 30.00 Poundage 2466.31 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 15.08 Law Journal 3 l 6.55 Patriot News 309.43 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $3233.19 paid by attorney 02/24/04 Sworn and subscribed to before me ,So,¢~ers: .~e~ This /~ day of ~ ~,~I~ R. Thomas Kline, Sheriff Prothonot~ Real Est~e Deputy Ur~ 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 Joumal, 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 primed 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: .JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE 8ALE NO. 31 Writ No. 2003-3860 Civil GMAC Mortgage Corporation VS. Marian K. Anderson Darmer. a/k/a Marian K. Danner Anderson Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of/and wlth tile buildings and improvements thereon erected, situ- ate in the Tovalsttip of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Fenwick Avenue at the Southeast corner of Lot No. 136 as shown on the hereinafter men- tioned Plan of Lots: thence by the dividing line between Lot Nos. 135 and 136, North 12 degrees 47 wan utes 24 seconds West, 174.73 feet to a point on the Southern line of Lancelot Avenue; thence by the a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Nota~ Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ate in the Township of tipper Allen, County of Cumberland and State of Pennsylvania. more particularly bounded mid described as follow~, to wit; BEGINNING at a point on the Norffiern line of Fenwlck Avenue at the Southeast comer of Lot No. 136 as shown on the hereinafter men- tioned Plan of Lots; thence by the divlding linc between Lot Nos, 135 and 136, North 12 degrees 47 utes 24 seconds West, 174.73 feet to a point on the Southern line of Lancelot Avenue; thence by the Southern llne of Lancelot Avenue in an Easterly direction by an arc or curve to the right kaving a radius of 50 feet, an arc distance of 36, 14 feet to a point; thence by the same, South 65 degrees 53 minutes 06 seconds East, 111.22 feet to a point; thence by an arc or curve to the right with a radius of 20 tket, an arc distance of 31.26 feet to a point on the Northern line of Fenwick Avenue; thence by the same, South 23 degrees 39 minutes 40 seconds West. 5.36 feet to a point; thence by the same by an arc curve to the right with a radius of 162.74 feet, an arc distance of 144.98 feet to a point, the place of beginning. BEING lx>t No, 135 on the plan of Lots of Center Square Manor, Extension 'A~ Plan No, 3 which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 25, page 80. HAVING therem~ erected a brick and aluminum bi4evel dwelling known and numbered as 2200 Fenwick Avenue, Mechantcsburg, Pennsylvania. TITLE TO SAID PREMISES 1S VESTED IN Marian K. Anderson Danner, single woman by Deed from Samuel A. Seely, single man and derelyn L. Soely, single woman dat- ed 2/25/1998 and recorded 2/27/ 1998 in Deed Book 172, page 705. Tax parcel #42-30-2108-°~ LOIS E, SNYDER, Notary Pu Carlisle Bom, Cumberland C¢ My Commission Expires March THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under,~gt No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of genera[ 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 ali 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D~pl~in in Miscellaneous Seek "M", Volume 14, Page 317. PUBLICATION ......................................... C O P V Sworn to and subs~ .)..~,s.23rd~/y of .E,e.~..r_r~.ry.2004. A.D........ _...__../,_____ ...._.. _ Tern/L. City Of HamSburg, uau .p~_~_~ = 0006 My C~On Explre~ oun~ o, _-- Member, t=,er~eywanlaAs~:ia~3nOtN~afe~My 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 $ 309.43 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.