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HomeMy WebLinkAbout03-4072FEDERMAN 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 ABN AMRO MORTGAGE GROUP, INC 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 Plaintiff JERRY T. LAMIE 1867 HOLLY DRIVE CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DiVISION 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 follo~ving 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 ~vithout 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#: 78431 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#: 7843! Plaintiffis ABN AMRO MORTGAGE GROUP, INC 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 The name(s) and last known address(es) of the Defendant(s) are: JERRY T. LAMIE 1867 HOLLY DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/18/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1173, Page 440. By Assignment of Mortgage recorded 3/22/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 670, Page 4. 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 04/01/2003 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 #: 78431 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 08/18/2003 (Per Diem $5.83) Attorney's Fees Cumulative Late Charges 10/18/1993 to 08/18/2003 Cost of Suit and Title Search Subtotal $34,052.98 996.93 1,250.00 125.25 $ 550.00 $ 36,975.16 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 36,975.16 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 thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized 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 $ 36,975.16, together with interest from 08/18/2003 at the rate of $5.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~I~N~.~AND PHEL~I, LLP By: /~alli~an ~ FRANK FtEDERMAN,t,E S(¢UIRE/ ~ LAWRENCE T. PHEL30~, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 78431 · County, Pennsylvania, bounded and described as foilow~, Lot Nos, I and 2~, Block "B", e~ shoNn on the he~eins~ter mentioned Plan degrees 06 eznt, tes East, 117,05 feet to a point at the northern sxde Holly Orive; thence by an are Curving to the 2eft, elan9 Hol~¥ Orive~ having · rmdius ef 120o00 feet, a distance a~ 173,46 feet BEING Lot Ne, ~6~ Block recorded mr, the Cumbe~iand'County Reco~dee'm~Ce on dune Plan BOOk 7, Page 26, .~. axe,utotem' vnde~ ~he Lest ~i[1 ~hd ~~~omi D. We,kef, bY Deed da~ed June 26, 1989~ and ~eorde~ VERIFICATION Katrina Dupuy hereby states that she is LOAN ADMINISTRATION OFFICER of ABN- AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement i~ made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 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~!~_~63 -70_000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. JERRY T. LAMIE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 03-4072 CIVIL TERM ~TE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP LAWRENCE T. PHELAN, ESQUI1LE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: Au__.~2003 /jrh, Svc Dept. CC~c o O SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS LAMIE JERRY T R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT LAMIE JERRY T but was unable to locate Him deputized the sheriff of LEBANON serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On September 5th , 2003 attached return from LEBANON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lebanon County 28.50 .00 65.50 09/05/2003 FEDERMAN & PHELAN , this office was in receipt of the /~iff ofR~ T~omas Kline dCumberlan County Sworn and subscribed to before me this /7~ day of .~ ~ ~.~ c'~o % A.D. -- Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-04072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS LAMIE JERRY T KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE LAMIE JERRY T DEFENDANT , at 1733:00 HOURS, on the at 1867 HOLLY DRIVE CAMP HILL, PA 17011 JERRY T LAMIE a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 3rd day of SeDtember, 2003 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~/ ~ day of rothonotary ' So Answers: R. Thomas Kline 09/04/2003 FEDERMAN & PHELAN /~ In The Court of Common Pleas of Cumberland County, Pennsylvania ABN AMRO Mortgage Group Inc VS. Jerry T. Lomie SERVE: s~ne No. 03-4072 civil Now, August 28, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby ~teputize the Sheriff'of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Iq'OW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA LEBANON COUNTY SHERIFF'S OFFICE 400 South Eighth Strut Lebanon, Pennsylvania 17042 Telephone (717) 228-4410 Fax Number (717) 279-8398 1. PLAINTIFF(s): 2. COURT NUMBER DATE FILED: ABN AMRO Mortgage Group, Inc. 03.4072 August 28, 2003 3. DEFENDANT(s): 4. TYPE OF WRIT OR COMPLAINT: Jerry T. Lamie Mortgage Foreclosure SERVE S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED: Jamie T. Lamie 6. ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code): AT 28 Shady Lane, Annville PA 17003 7. Name of Attorney or other Originator and address below: Fcderman & Phelan, LLP One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia PA 19102 11. INDICATE UNUSUAL SERVICE: ( ) DEPUTIZE ( ) OTHER 8. Telephone Number 9. Date 215-563-7000 09/03/2003 10. Return Service Sheets To: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle PA 17013 12. Now, , I, SHERIFF OF LEBANON COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make remm thereof according to law. This deputation being made at the request and risk of the plaintiff. Sheriff of Lebanon County RETURN OF SERVICE (To be completed by Sherlf0 I acknowledge receipt of writ or complaint as indicated above. Timothy J. Brightbill, Deputy Sheriff 13. INDIVIDUAL SERVED: 14. DATE: [ 15. TIME: I DOCKET PAGE / I19731 16. LOCATION: (IF DIFFERENT FROM ABOVE): 17. BOROUGH, crrY, TOWNSHIP OF: 18. Served in the following manner: Defendant personally served ) Adult family member with whom said defendant resides ) Adult in Charge of defendant's residence ) Manager/Clerk of place of lodging in which defendant resides ) Agent or person in charge of defendant's office or place of business ) Officer of said defendant company ) Posted Property ) Levy on prop~ly 19. I accept service of the and certify that I am authorized to do so. (x) Other: Not In Lebanon County ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown Deputy Brightblll spoke to Defendant His current address is 1867 Holly Drive, Camphill. Telephone Number of Defendant Is 717-737-2983 ACCEPTANCE OF SERVICE on behalf of (COMMENTS) (Defendant or Authorized Agent) 20. Advanced Costs [ 21. Total Costs $100.00 ] $28.50 25. AFFIRMED and subscribed before me this 3ra day of September, 2003 Notary Pablic ?~ (Mailing Address) 22. Cost Due 23. Refund 24. Check Number $71.50 14450 SO ANSWER. Sh ff S COMMONW'EALTIt O1* PENNSYLVANIA 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 ABN AMRO MORTGAGE GROUP, INC 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 Plaintiff, JERRY T. LAMIE CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-4072 C.T. Defendant(s). : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JERRY T. LAMIE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest fi.om 8/19/03-10/7/03 to 10/8/03 TOTAL $36,975.16 $391.50 $37,266.66 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 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 (915) 563-7000 ABN AMRO MORTGAGE GROUP, INC Plaintiff Vs. JERRY T, LAMIE Defendants ATTOILNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-4072 CML TERM TO: JERRY T. LAMIE 1867 HOLLY DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: SEPTEMBER 24, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOUI~ 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC 7159 CORKLAN DRIVE JERRY T. LAMIE Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4072 C.T. VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 JERRY T. LAMIE is over 18 years of age and resides at, 1867 HOLLY DRIVE, CAMP HILL, PA 17011 . 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 ABN AMRO MORTGAGE GROUP, INC Plaintiff, JERRY T. LAMIE Defendant(s). No. 03-4072 C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/8/03 to MARCH 3, 2004 (per diem -$6.13) TOTAL $37,266.66 $907.24 and Costs $38,173.90 FRANK FEDERMA~ ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALI, TI~,T CERTAIN tract of land sitaate in Lower Allen Township, (~mbcrland Ctmniy, Petmsylwnia, bounded and described ~s follows, to wit: BEGINNING ac a poiRt on fl~ W~st side of Holly Drive at the litg diving ~ Nos, 1 ~ 26, Block "B", ~ s~ on ~c hc~i~fler mentio~ Plan of I~; the~ along t~ S~t~ s~e of ~ts N~. I m~d 2, Bilk "B', Sou~ 78 ~g~, ~ m~u~ Wmr, o~ hu~r~ fiw (~) f~ lo a po~t at ~ of L~ No. 2~. Bi~ 'B"; t~ ~ong ~e ~m s~e of s~e, Sou~ ] I ~gr~, 6 minu~ ~t, o~ ha~ ~t~n m~ tire h~ths (119-05) t~et ~ a ~int ~ t~ N~em si~ of Holly Drive; ~e by ~ ~c c~ving m ~c 1~, a~ ~lly Drive, ~vi~ a ~ of o~ ~ twcmy (120} f~, a di$~ of one ll~ s~v~ty-th~ a~ foRy-si~ hu~thS (173.46) f~t of ~glnning. BEING [gt No. 26, Block 'B", on rig Plan of Lots of Cedar Village, as r~corded in the Cumberland County Rcgordcr'a Off'~e on June 9, 1933, in Plan Book 7, Page :16. TITLE TO SAID PREMISES I.g VESTED IN gerry T, Lamie. Single by Deed from Paul R. Neidig and gan F. Lal~ve[, Eaecutors of the 'Last Will alld Testament of Naomi D. Wal~er, clece:z~cd dined 6t26/1989 and recorded 612811989 in Deed Book Vo;~ 34-A, Page 472. Tax Parcel #23-O5-4.7-418 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4072 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From JERRY T. LAMIE (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 garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $37,266.66 L.L. $.50 Interest FROM 10/8/03 TO 3/3/04 (PER DIEM - $6.13) - $907.24 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $185.85 Other Costs Plaintiff Paid Date: OCTOBER 8, 2003 (Seal) CURTIS R. LONG Prothono~ --[iv: ~t~t'z~ · 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 Deputy Request for Military Status; Page 1 of 1 I)¢partmcnt of Defense Manpower Data Center [ Milita~ Status Report ' Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 ~(Last Name [First ]Middle IBegin Date IActive Duty Status ]Service/Agency LAMIE _ Currently not on Active Military Duty, based on the Social Security Number and last nm~e provided. OCT-06-2003 11: l 1:22 Upon searching the intbnnation data banks of the Department of Defense Manpoxver Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the MilitaD,. Kenneth C. Scheflen, Director Department of Defense ~ Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington. VA Thc Defense Manpoxver Data Center (DMDC) is an organization of the Departunent of Defense lhat maintains the Defense Enrolhnent and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have inlbrmation 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 /he SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_Select 10/6/2003 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 ABN AMRO MORTGAGE GROUP, INC Plaintiff, JERRY T. LAMIE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4072 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: () 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC Plaintiff, JERRY T. LAMIE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4072 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ABN AMRO MORTGAGE GROUP, INC, 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 ,1867 HOLLY DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY T. LAMIE 1867 HOLLY DRIVE CAMP HILL, PA 17011 2. Name and address of De£endant(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 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Ad&ess (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1867 HOLLY DRIVE CAMP HILL, PA 17011 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. October 7, 2003 DATE FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff ABN AMRO MORTGAGE GROUP, INC Plaintiff, JERRY T. LAMIE Defendant(s). TO: JERRY T. LAMIE 1867 HOLLY DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-4072 C.T. October 7, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND 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 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINSTPROPERTI( ** Your house (real estate) at, 1867 HOLLY DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's 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 $37,266.66 obtained by ABN AMRO MORTGAGE GROUP, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, 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 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 tkis 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 ALI. THAT CERTAIN tract of land simat~ in Lower Alien Township. Cumberland County, Pennsylva.,in bounded and described as follows, to wit: BI~OINNINO at a point ou ~= West side otc Holly Drive at the iiuu dividin§ ~ N~, 1 ~ ~. Blo;t "B". ~ ~wn on thc he~i~Rer me.tio~ Plan of [~; t~ along t~ S~t~ s~ of ~ts ~. I ~ 2, Bilk "B', S~ 78 deg--, ~ ~ W~t, o~ ~r~ five ([~) ~ lo a po~t a~ ~ of Lo~ No. 25. BI~ 'B~; ~e~ ~ng ~e ~ ai~ of m~. S~ ] { ~gr~ 6 minu~ ~L u~ h~ ~n ~ five h~dr~ths (119_05) fe~ ~ a point ar the N~em si~ of Holly Drive; ~e by ~ ~c c~g to ~ i~, a~ ~liy D~i~, ~viug a ~i~ of o~ hu~ twenty (120) f~, a disr~ of one {~ sev~-~h~ a~ ~y~im ha~ths (173.~) f~t m l~ pla~ of ~ginmng BEING I~',t Igo. 26, Block 'B% on the Plan of Lots of Cedar Village, as recorded tu the Cumberland County R,~otd=r's Office on Jum~ 9, 1955+ ill Plaa Book 7, Page 26. TITLE TO SAID PREMISES IS VESTRD IN Serry T, t~ie, Single by Deed from Paul R. Neldig and Jon F. LaFavei, Ex~utors of the La~ Will and Testament of Naomi D. Walker, dece~xt dated 6f2611989 and recorded 612811989 i~m D¢,~d Book Volume 34-A, Page 472, Tax Parcel #23-05-~7-418 AFFIDAVIT OF SERVICE PLAINTIFF ABN AMRO MORTGAGE GROUP, INC DEFENDANT(S) JERRY T. LAMIE SERVE JERRY T. LAMIE AT 1867 HOLLY DRIVE CAMP HILL, PA 17011 CUMBERLAND cOUNTY PJT No. 03-4072 C.T. AClgT. #000'1 ~18763'1 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED ~,.g.~/ ~". L~i~ ., Defendant, onthe day of 0~-, 200~, , Commonwealth Served and made known to of Pe~sylva~a, ~ the ~er described below: _ ~ Defend~t personally se~ed. Adult hmily member ~th whom Defendant(s) reside(s). Relations~p is ~ Adult in c~rge of Defen~t(s)'s residence who rehsed to give name or relationshp. Mamger/Clerk of place of lodg~g in w~ch Defender(s) reside(s). ~ Agent or person ~ c~rge of Defend~t(s)'s office or nsml place of bus~ess. an officer of said Defend~t(s)'s co,any. Other: Description: Age ~L Height ~tq WeiCt]~0 Race ~ Sex ~ Other ~ [ ~ ~ ~ I~ a co~etent adult, being duly sworn accord~g to law, depose and state ~t [ personally handed I, _ ~ ' . -' .-~ ...... ~ :~ :-sued ~ the ca~tioned case on the date and at a ~e and co~ect copy of ~e ~ot~ce of ShenW s Sale ~n ~e m~er as set ~orm nereid, ,. v ~e ad,ess indicated above ~~~ Sworn to ~d subscribed ~ ~~ before.~t~s~/'~ ~ay I ~~ ~ ATE DATES & T~ES O~ SER~CE ATTEMPTED. NOT SERVED On the day of _, 200__ at _ Moved __ Unknown__ No Answer 1st Attempt: / / Time: : 3rd Attempt: / / Time: o'clock __.tm, Defendant NOT FOUND because: Vacant 2~a Attempt: / / Time: Sworn to and subscribed before me this _ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC VS. JERRY T. LAMIE CIVIL ACTION CIVIL DIVISION NO. 03-4072 C.T. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for ABN AMRO MORTGAGE GROUP~ INC hereby verify that on October 9~ 2003 true 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 ~ '~ "~ 0 o ~.~'~' $ ~ ~ [ MAILED FROM ZIP CO~ ABN Amro Mortgage Group, Inc. VS Jerry T. Lamie In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4072 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. SheriWs Costs: Docketing 30.00 Poundage 275,80 Advertising 15,00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 22.08 Law Journal 232.85 Patriot News 251.74 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 908.29 paid by attorney 03/05/04 This ~- ~ day of '~P/4.a~d..2 ~ R. Thomas Kline, Sheriff 2004, A.D.Prothonotary(.~ve~ t~ )~g_~. A~ BYReXX. !a dEs~? [1~. iyJ~Zj THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and 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 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 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 Volume 14, Page 317.. PUBLICATION COPY SALE #14 : Fr~ink Federman for said Count~aneous Book "M", Sworn to and ; scr,¢e ba,or ;7 s 23rd day'abram2004 My~E~r~Jme6,~/ ~ NOT~Y PUBLIC ~, ~a ~ ~ 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 a~ached hereto on the above stated dates Tatar $ 251.74 ' I r vet s t Publisher s Race pt fo Ad r I lng Cos )ubl/sher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and ce~ifies that the same have .................................................................... 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: 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 8A.LE NO. 14 Writ No. 2003-4072 Civil ABN Amro Mortgage Group Inc. VS. Jerry T. LamAe Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County. Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the West side of Holly Drive at the line dividing Lot Nos. 1 and 26, Block 'B', as shown on the hereinafter mentioned Plan of Lots; thence along the Southern side of Lots Nos. 1 and 2, Block 'B', South 78 degrees, 54 minutes West, one hundred five {105) feet to a point at corner of Lot No. 25, Block 'B'; thence along the Eastern side of same. South 11 de- grees, 6 minutes East, one hundred nineteen and five hundredths (119.05) feet to a point at the North- ern side of Holly Drive; thence by an arc curving to the left, along Holly Drive, having a radius of one hun dred twenty (120) feet, a distance of one hundred seventy-three and forty-six hundredths (173.46) feet to the place of beginning. BEING Lot No. 26, Block 'B', on the Plan of Lots of Cedar Village, as recorded in the Cumberland County Recorder's Office on June 9, 1955, in Plan Book 7, Page 26. TITLE TO SAID PREMISES IS VESTED IN Jerry T. Lamle, Single by Deed from Paul R. Neidig and Jon F. LaFaver. Executors of the Last Will and Testament of Naomi D. Walker, deceased dated 6/26/ 1989 and recorded 6/28/1989 in Deed Book Volume 34-A. Page 472. Tax Parcel #23-05-47 418. swoRN iOAlq D SCUB ~/SCR[B tED~isaMalieoyne, E{ior before me this 30 day of JANUARY 2004 NO~[ SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Lower Allen Township. Cumberland County. Pe~msylvania. bounded and described as follows. to wit: BEGINNING at a point on the West side of Holly Drive at the line dividing Lot Nos. I and 26. Block 'B'. as shown on the hereinafter mentioned Plan of Lots; thence along the Southern side of Lots Nos. 1 and 2. Block 'B'. South 78 degrees. 54 minutes West. one hundred five (105) feet to a point at corner of Lot No. 25. Block "B'; thence along the Eastern side of same. South 11 de- grees. 6 minutes Bast. one hundred nineteen and five hundredths (119.05] feet to a point at the North- ern side of Holly Drive; thence by an arc curving to the left. along Holly Drive, having a radius of one hun dred twenty (120) feet. a distance of one hundred seventy-three and ' forty-six hundredths (173.46} feet to the place of beginning. BEING Lot No. 26. Block 'B'. on the Plan of Lots of Cedar Village. as recorded in the Cumberland County Recorder's Office on dune 9. 1955, in Plan Book 7. Page 26. TITLE TO SAID PREMISES IS VESTED IN Jerry T. Lalnie. Single by Deed from Paul R. Neidig and Jon F. LaFaver. Executors of the Lost Will and Testament of Naomi D. Walker, deceased dated 6/26/ 1989 and recorded 6/28/1989 in Deed Book Volume 34-A. Page 472. Tax parcel #23-05-47 418. SWORN TO AND SUBSCR{BED before me this 30 day of JANUARY 2004 LOiS E. SN¥OER, Nota~/Public C~isle Boro, Cumberland County My Commissior~ Expires March 5, 2005