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HomeMy WebLinkAbout03-6583FEDERMAN 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 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No. 02 WENDI M. DONNiNI l 0 BRIARWOOD COURT CAMP HILL, PA 17011 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 fights important to you. 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 AGENCIBS 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 File #: 84848 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 1S 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 COMPLA/NT, 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File #: 848A8 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: WENDI M. DONN1NI 10 BRIARWOOD COURT CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/31/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1530, Page 928. By Assignment of Mortgage recorded 11/17/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 630, Page 864. 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 08/01/2003 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 #: 84848 v The following amounts are due on the mortgage: Principal Balance Interest 07/01/2003 through 12/23/2003 (Per Diem $20.76) Attorney's Fees Cumulative Late Charges 03/31/1999 to 12/23/2003 Cost of Suit and Title Search Subtotal $104,533.36 3,653.76 1,250.00 149.26 $ 550.00 $110,136.38 Escrow Credit 0.00 Deficit 148. I4 Subtotal $ 148.14 TOTAL $110,284.52 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at 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 $110,284.52, together with interest from 12/23/2003 at the rate of $20.76 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 84848 d~ i~ ~ ~' N~. $O ~ JI, ~b ~4 ~ 37 m~ ~g I l gOo f~ to a ~.~ f~t ~ a ~ ~ ~ ~ di~d~ 11~ ~ L~ ~ Jl ~ 32 ~ dst ~oM ~n of d~ ~ mlau~ ~g 3~. 00~ ~ a ~t, t~e ~at andpl~ Plan of gars Imow~ at lt,~,~t~n~l S~tn~)~r. tlatc~l Dec~n~r 4, 1973 and reaont~d ln tlw 02II. of the of L~amb~rland VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this maaer, that he 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 his 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: '::5 SHERIFF'S RETURN CASE NO: 2003-06583 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS DONNINI WENDI M - REGULAR BRIAN BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon DONNINI WENDI M the DEFENDANT at 2000:00 HOURS, on the 30th day of December , at 10 BRIARWOOD COURT CAMP HILL, PA 17011 by handing to WENDI DONNINI PUCETA a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2003 and at the same time directing Her 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 So Answers: R. Thomas Kline i2/31/ oo FEDERMANBy: & PHE~ Deputy Sheriff 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, WENDI M. DONNINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION NO. 03-6583 CIVIL 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 WENDI M. DONNINI, 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 12/24/03 to 3/1/04 TOTAL $110,284.52 $1,432.44 $111,716.96 I hereby certify that (I) 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 INDICATF_~. 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 (71~) ~6~-7000 GMAC MORTGAGE CORPORATION Plaintiff WENDI M. DONNINI Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-6583 CIVIL TERM TO: WENDI M. I)ONNINI 10 BRIARWOOD COURT CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 21, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN 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 1N 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 JLFDGMENT 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 HIR1NG 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 COLrNTY 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 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, WENDI M. DONNINI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6583 CIVIL TERM 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 WENDI M. DONNINI is over 18 years of age and resides at, 10 BRIARWOOD COURT, 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 Request for Military Status Page 1 of l Department of Defense Manpower Data Center MAR-01-2004 10:34:58 Military Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense 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 Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment 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 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/owaJsscra.prc_Select 3/1/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION : Plaintiff,.' WENDI M. DONNINI : : Defendant(s). : No. 03-6583 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/2/04 to JUNE 9, 2004 (per diem -$18.36) TOTAL $111,716.96 $1,836.00 and Costs $113,552.96 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. ALt, THAT CERTAIN tract or pardi of land ~ premises, sttu~e, lyin~ and being ~ ~ T~ of ~ in ~ C~nty of' ~mb~ ~ ~n~ ~ Pennsylv~, ~ p~c~ ~ ~ follows: BEOINN~G at a point on the Easterly line of Brl~'~vood Cout't, a 50 fool wide rigl~of-way, Which. said poln~ is located 255.00 feet to a ~,outherly direction fi'om the int~r~ection of the Somherly Erie of Briarwood Lane, ai~ ;~ .~0,00 foot wide fight-of-way and thc Eastedy linc of Bi'iatwood Ctmzt and said point of beghmin6, al;so being loc~tod at the imm'section of tl~ East~ty line of P~-~ond Cou~ ~ the dividing linc betwee~ Lots No& 30 and 33. on the Plan of Lo~ known as "Cmlnlry~id~. Section (A): thence, from said point of begin~iag along the dividing line betwt~n Lots Nog..30 and 31, Ninth 74 degtee~ 37 mlaates Fast, 118.00 feet to a point on Ihe Westerly property ~ of Lot No. 26 on th~ ~oresaid Plan of L~ts; theace, from said point along d~ Westerly property line of Lots Nos. 26 and 25, South 15 degrees 23 minutes Fast. 85.00 feet to a point on the dividing line between Lots Nos. 31 a~l 32 on ~ aforesaid PIN of Lotsg thence, fro~ said point a~ong thc dividing line betwee~ L~s Nos, 31 and 32, South 74 dcgn~s 37 minutes West, l lg,~0 feet to a point on ~ Easterly rigi'tt-of-way linc of l~riarwo~! Court; thence t'rom said point along I~e ~ly right-of-w~ty lit~ of Brial'wond Court, Nortl) 15 dqgrees 23 minat~s West, 85.00 feet to a po~, thc poim and pla~ of ~aitming. BEING Lot No. 31 onth¢ Pla~ of Lo~s kno~q~ as Co~ide, Sectiot~ (A), prepare~ by Charles W. Suald~, Registered Surveyor, dated December 4, 1973 and recorded in the Office of rig Recorder of De~ts of Chxmberlend C~mly on April [1, 1974, ia Plan Book ~5, Page 6, HAVING ~reon cr~d a dwelling known and n~mbernd a~ 10 Bti~rwood Coulz, TI'TI.P. TO SAID PREMI~ IS VKSTED IN wendi M+ Don~ni, single individual by Deed from Do. Id A. Graves. single individs~t, dated 3t31/[999 at~ ~nted 4/1/1999 ia Deed Book 196, Tax P~rcel #10-19-1596-120 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6583 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 WENDI M. DONNINI, 10 BRIARWOOD COURT, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 10 BRIARWOOD COURT, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON). (2) You are also directed to attach thc 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 garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjofl~ed as above stated. Amount Due $$111,716.96 L.L. $.50 Interest FROM 3/2/04 TO 6/9/04 ~ $18.36 Per diem = $1,836.00 Due Prothy $1.00 Other Costs Atty's Comm % Arty Paid $120.35 Plaintiff Paid Date: March 5, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Protho~tary Address: ONE PENN CENTER ~ SUBURBAN STATION 16617 JFK BLVD., SUITE 1400 PHILADELPHJIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 GMAC MORTGAGE CORPORATION Plaintiff, WENDI M. DONNINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-6583 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaimiff 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,10 BRIARWOOD COURT, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or repined Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WENDI M. DONNINI 10 BRIARWOOD COURT CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgmem is a record lien on the real property to be sold: Name DISCOVER BANK/DISCOVER FINANCIAL SERVICES Last Known Address (if address cannot be reasonably ascertained, please indicate) 2000 LONGEST DRIVE FRANKLIN, IN 43131-8869 4. Name and address of last recorded holder of every mortgage of record: Nalne 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 plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 10 BRIARWOOD COURT CAMP HILL, PA 17011 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. March 1, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, WENDI M. DONNINI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6583 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION : Plaintiff, : WENDI M. DONNINI : Defendant(s). : TO: WENDI M. DONNINI 10 BRIARWOOD COURT CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-6583 CIVIL TERM March 1, 2004 **THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED F/ILL BE USED FOR THAT PURPOSE. IF YOU HA ?E PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT F/AS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN ,4 GAINST PROPERTY. ** Your house (real estate) at, 10 BRIARWOOD COURT, CAMP HILL. PA 17011, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $111,716.96 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 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 attomey 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 &your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALI., THAT C'ERTAIN tra~ or parcel of l~d mud premi.~:~, $1tua~, ly~ ~ b~ng ~ ~e To~ of ~ ia ~ C~y of C~mb~l~ a~ ~nw~ of P~nsylv~, mo~ p~c~ly d~ ~ follows: BEOINIVING at a point on ~ ~ ~ 255.~ f~t ~ ~ ~rly d~ ff~ ~ ~s~on of ~e ~ly !~ of R~ ~c, a~ ~ ~,~ f~ w~ ~-of-w~y ~ ~ E~ llnc of B~ C~n ~ ~id ~m ~ ~im ~ ~ing ~ ~ dividi~ lt~ ~n ~ Nos. ~ ~ 31, N~ 74 ~ 37 m~ ~d ~ of 32, ~ 74 d~s B~ ~u.; ~ from s~ ~int along ~ ~ly ~t-of-way ~ of ~ C~, 15 d~ BEING Lot NO. 31 on th~ Plao of Lots known as Countryside, Secfio~ (A), l~e{~ by Charles W. ~, Re$iste~d Surveyor, da{ed Dec,~m~ber 4, 1973 and recorded in i'ne Office of ~ R~corde~ of Du~ls of C'umbemiand C4x~ty on April ll. t974, in Plan Book 25, Page 6. HAVING ii.leon erected a dwelling {mowu and numbered as 10 Btiarwond Cou{% TITle,F, TO SAID PREMISF~ IS YES'I'I~D IrN Wer, dl M. Donlminl, di~gi~ individual by ~ from Douald A. Graves, Single iudivi~Ual, dal~ 3t31/1099 and ree~otxted 4/1/1999 ia D~d Book Page 8~. Tax Parcel #i0-19-1596-120 GMAC Mortgage Corporation VS Wendi M. Donnini In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6583 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 2.09 Levy 15.00 Surcharge 20.00 Service 8.97 Law Library .50 Prothonotary 1.00 Share of Bills 29.26 $ 106.82 paid by attorney 04/15/04 Sworn and subscribed to before me This o2~ dayof 2004, A.D. ~ Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estal~e Deputy t,=o c.~ b GMAC MORTGAGE CORPORATION Plaintiff, WENDI M. DONNINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6583 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,10 BRIARWOOD COURT, 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) WENDI M. DONNINI 10 BRIARWOOD COURT CAMP HILL, PA 17011 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: NalTle DISCOVER BANK] DISCOVER FINANCIAL SERVICES Last Known Address (if address cannot be reasonably ascertained, please indicate) 2000 LONGEST DRIVE FRANKLIN, IN 43131-8869 4. Name and address of last recorded holder (~f 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: 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 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 10 BRIARWOOD COURT 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 tree and correct to the best of my personal knowledge or information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 1, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION : Plaintiff, : WENDI M. DONNINI : Defendant(s). : TO: WENDI M. DONNINI 10 BRIARWOOD COURT CAMP HILL, PA 17011 CUMBERLAND COUNTY NO. 03-6583 CIVIL TERM March 1, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 1NFORMA TION 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 NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTK ** Your house (real estate) at, 10 BRIARWOOD COURT, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $111,716.96 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 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. 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways o£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 AL1.. THAT CERTAIN tract or parc. el of la~ a~d premi.~es, situate, lying and being in the Tovntqh',m of tlarapde~ in the Ct~nty of Cumbrtland and Coramonweaith of Pennsylvania, more pa_,ficalarly d~scrib~l i~ follows: BEGINNING at a point on thc Easterly line of BtSar~ootl ~ ~im ~ ~ ~55.~ f~t ~ a ~ly d~n ~ ~ ~n of~ ~rly ~ of Br~ [.a~, ~ ~vlding li~ ~lw~n ~ta N~, 30 ~d 3~ ~ ~ Plan ~ ~ ~wu ~ "C~a~e, ~i~ (A); ~n~, ~m ~d ~i~ of ~ing ~o~ ~ divi~ !~ ~m~a ~ Nos, ~ ~ 31, N~ 74 ~e~ 37 m~ af~d PI~ of 25, ~u~ 15 ~gr~s 23 ~ 32 on th~ a~e~id Pl~ of ~; ~c~, ~m ~M ~i~ ~ng ~ ~ li~ b~ ~ NOS. 31 ~d 32, ~ 74 NO~ 15 deg~ 23 BEING Lot No. 31 on ~he Plau of Lots Imown as Conn~ffside, S~'/lot~ (A), pzepatefl by Charles W. ~rurikim, Registe:n~d Surveyor, dated December 4, 1973 and recorde~ in the Office of ~ R~orch:~ of Deeds of Cumberland Counvy on April tl, 1974, in Plan Book 25, Page 6. HAVING tttereon ct~ct~d a dwclling known aud numbered a,s 10 Bftar~vood Coot4. T~tE TO SAID PREMISF_.S 1S VESTED IN Wcndi M. Doonini, single individual by Deed fi'om DOl~.id A- Caves, single individaal, dat~ 3tMIi999 ~rl rt~.~rded 41111999 in D~d Book 196, l~age 862. Tan Parcel #10-19-1596-120 Real Estate Sale #57 On March 08, 2004 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 10 Briarwood Court, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 08, 2004 Real Estate Deputy