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Home My WebLink About08-5743 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 ,tRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 126993 GMAC MORTGAGE, LLC, S/111 TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. KENNETH POTTORFF LESLIE POTTORFF 1437 GOODYEAR ROAD GARDNERS, PA 17324 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 01'Y NO. 0- 5-7L/3 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 126993 11 4 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 rights 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 AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 126993 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 File #: 126993 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 126993 Plaintiff is GMAC MORTGAGE, LLC, S/1/1 TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH POTTORFF LESLIE POTTORFF 1437 GOODYEAR ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK ONE, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1809, Page 990. By Assignment of Mortgage recorded 12/11/2006 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 732, Page 3302. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/20/2008 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. Filc #: 126993 6. The following amounts are due on the mortgage: Principal Balance $92,474.70 Interest $2,922.30 03/20/2008 through 09/26/2008 (Per Diem $15.30) Attorney's Fees $1,250.00 Cumulative Late Charges $320.00 04/21/2003 to 09/26/2008 Property Inspections $137.50 Non Sufficient Funds Charge $554.14 Cost of Suit and Title Search 750.00 Subtotal $98,408.64 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $98,408.64 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in uersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 126993 i 9. 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. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $98,408.64, together with interest from 09/26/2008 at the rate of $15.30 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. PHELAN HALLINAN & SCHMIEG, LLP 9r -,L By: AWWRENCE T. PHELAN, ESQUIRE CIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 126993 LEGAL DESCRIPTION ALL that certain tract of land, with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center line of LR 21030, also known as Goodyear Road, at the dividing line between lands now or formerly of John R. Nell and Lot No. 1 as shown on the hereinafter-mentioned Plan of Lots; thence along said dividing line, North 38 degrees 02 minutes East, a distance of 375.91 feet to a point at the dividing line between Lot Numbers 1 and 2; thence along said line, South 51 degrees 44 minutes 54 seconds East, a distance of 122.27 feet to a point at the dividing line of lands now or formerly of Donald L. Barbour and Lot Number 1; thence along said line, South 38 degrees 15 minutes 06 seconds West, a distance of 409.42 feet to a point in the center line of LR 21030, also known as Goodyear Road; thence along said center line, North 36 degrees 14 minutes 43 seconds West, a distance of 125.40 feet to a point, the Place of BEGINNING. BEING Lot No. 1 as shown on the Preliminary Final Subdivision Plan for Shirley L. Barbour as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 91. PARCEL NO. 08-0210-022A PROPERTY BEING: 1437 GOODYEAR ROAD File M 126993 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my 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 unsworn falsifications to authorities. DATE: z Attorney for Plaintiff File #: 126993 C v ? 5 N Qvl?) -? s SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS POTTORFF KENNETH ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: POTTORFF KENNETH but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 23rd , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answers, Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Klin Dep Adams County 36.55 Sheriff of Cumberland County Postage 1.85 63 .40 v /b`ar/Op' 10/23/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS POTTORFF KENNETH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according.to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT r1/?m m/1r1 T'n TC? T 1"e"T TT7 to wit: but was unable to locate Her deputized the sheriff of ADAMS serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 23rd , 2008 this office was in receipt of the attached return from ADAMS s . Sheriff's Costs: So answe s-? Docketing 6.00 =ms's . Out of County .00 Surcharge 10.00 . Thomas Kline .00 Sheriff of Cumbe and County .00- I a/? 8/0 16.00 10/23/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS POTTORFF KENNETH ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE POTTORFF LESLIE the DEFENDANT at 1700:00 HOURS, on the 7th day of October , 2008 at 1437 GOODYEAR ROAD GARDNERS, PA 17324 by handing to WILLIAM LONSTEIN, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 to/a ?!b F L ? 16.00 Sworn and Subscibed to before me this day. So Answers: - 10000A-41-? R. Thomas Kline 10/23/2008 PHELAN HALLIN S HMIEG By: Deputy Sheriff was served upon of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05743 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS POTTORFF KENNETH ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT POTTORFF KENNETH but was unable to locate Him in his bailiwick. (InhADT T TlMr _ MnDR' VnDV He therefore returns the the within named DEFENDANT 1437 GOODYEAR ROAD POTTORFF KENNETH NOT FOUND , as to GARDNERS, PA 17324 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR 6 YEARS. Sheriff's Costs: Docketing 18.00 Service 11.00 Not Found 5.00 Surcharge 10.00 00 fvl40T 44.00 So answers: R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/23/2008 Sworn and Subscribed to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania GMAC Mortgage LLC vs. Kenneth Pottorff et al SERVE: Kenneth Pottorff No. 08-5743 civil Now, September 29, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adam County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, 7- D Sberiff 04- v. LAJ • Jk ff of Adams County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT 20 , at o'clock M. served the )"INIX103 SWVa'd JJ183HS b 5 -0 d OE d3S Olt C13AI303H In The Court of Common Pleas of Cumberland County, Pennsylvania GMAC Mortgage LLC vs. Kenneth Pottorff et al SERVE: Leslie Pottorff No. 08-5743 civil Now, September 29, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, Sworn and subscribed before me this day of , 20. the contents thereof. y- I De eriff W Nb3fiff of Adams County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT copy of the original ;,INnOO SwVa'l JJI1 3HS 99:0 d aE d3S IN 03A13038 MASON DIXON BUSINESS FORMS, INC. 33000028 DATE RECENED SHERIFF'S DEPARTMENT ADAMS -COUNTY, PENNSYLVAINA cotw"Oun, dal PA 47=5 DATE PROCESSED INBTRIICTpI& Sw " &TAl1CTM S FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" an Ow rwrwaa of Ora IM (f. 5) copy of thw form. Plwa PROCESS RECEIPT, and AFFIDAVIT OF RETURN ? o ; i5 coon. 1. PLAINTffs z COUNT NUMBER GMAC MORTGAGE, LLC 08-5743 Civil Term 3. OEFENDANTIS/ 4. TYPE OF WRIT OR COMPLAINT: KENNETH POTTORFF and LESLIE POMRFF Popplaint in Mortgage Foreclosure AT 5. NAND OF INDIVIDUAL, COMPANY. CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED OR SOLD. Kennetb Pottorff 6. ADDRESS (street or RFD. Aperbnsnt No., City, Soro, Twp., state and ZIP CODE) 705 Letimore Road, York Springs, PA 7 INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT MAIL D REQI6TE O MAIL. d POSTED Q OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby delpze the Sheriff of County to execute this Writ and make return therof according to tens. This deputation being made at the request and risk of the plaintiff. SHMff OF ADAMS COUNTY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy stem Ie#ft upon or aI- t-tg any prop" undw wiMin writ may leave swrle wNWA a w0ftne n. In cum* of whomaww is found in possession, after notlfyfrq parson of wvy or aaaClarMM. wilrwll -N&MI on ft Pert of such deputy or the sh" to any pldW herein for any low. destruction or removal of any such property before shsrffs saw thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ? PLAINTIFF ? DEFENDANT 12. I acknowwdO attla)pt of OW wit SNU&*YVM bf Auow and ACSD Do" or Clark and TAN ' i - `~ "w 1 7 or complaint as Indicated above. 14. Expiration XFAW* dale OCTOBER 29. 2008 15. i hereby l &VWY and WfURN %M 10 have persorlelly served. ? have served person in Charge. ? haws WINI evidwroe of ewrice as shown In "Remarks" (on revem) ? have poskld the above described property with ft writ orCorn&int described OK the irtdAridurt company, oorpbraikln, aft., at Ue address shown above or on the individual, company, corpo?INwn, etc., at Ow addnes Inserted below by hwx kWOr Pooling a TRUE m* ATTES W CWV thsrof. 16. It I hereby carlNy and r MUM a NOT FOUND because I am unabw to lows ft individual, company, In F a aMorn, etc., nortred abase. (Sba remwks below) 17. Name and tlfw of Individual served 1t A cetera ? aultilbb sea and dfacral" Read Order then ben "laid w. U" FlaoliplM. O 19. Addraoa of rllAera served (oompta% only lf diffe?ent than shown above) (Street or RFD, Apa nwd No., CRY, Soro, TwP., 20. Daft of Service 21. Time shu and 21P boom R IIIM: Defendant dues not reside at the above address. The York Spri Post Office bas no change of address on file for the defendant. 22. ATTEMPTS Dab Mlws Dep.1M Dale Mlwo Dsp.lnt. Dace M *w DW- M. Dee Mss Dep.IM. Doe Mks Dep.ML /FFIIIIMED and subscribed to baba me thla sNellrF of ADiAre t?DIINTY 28. Advance COMB 24. 25. 26. 27. Total Coob 26. 3D,OD FaL&W. #7 egg 636.55 Pd. 10/20/08 $113.45 Ck. #18985 upon Vwwl#vlwiwMlwd defend?mrft try mailing to by mall, return receipt requeeW, po o, prepaid, on the a brine d copy hereof -et The return receipt signed by defendant on the Isheoft attached and made a part of this return. { ) (2) Outsltlw` *e 'CaWnonw*eM, puraoW o Pat R.C.P. 465 (c) (1) (2) by melift a true and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) registered { ) certified mall, return receipt reqUe~, postagie propaid, addressee only on the said weipt being rotes NOT sig i #y , _ a by -4 1 that Deferment refused to ac t theom e. The~ sad wvhwis #1Mree1?ela•°b mW and made a part of this return. And4was" : { ) (b) To the defendant by ordkwy, mail i "to dodomiaM at some addrs", With the r*Wrn a4dress of the Sheriff 04111414-0. said en velQpa b rom.2w P • cedifloWe of soMW proof of n ail'?, (3) 4Y "k U) thg,#*Wo! 111 j" iaaNl pt fla+M Via, the County of Ate, C#i?imwr iCli z+as 'b dl nevappjw eei,in,t#re, I?Cgl1 eM al" clroulallowin said County for sutc? _of frgm-saidAee?s tg ': part of this return. _- t ) (4) BXnng to 1. on the a true and sl6m*WdA"v,*@re" The tilt RBI is hereto attaco d. ( ) { 5) Other * * * * * * i 0 * * ! • s • s ® * MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECENED DATE PROS SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COUNfil0t1$E,' $MUAQ, PA 17325 INSTRItCT1011118: See "INSTRUCTI(M FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHELF" an the reverse of tM last (No. 5) cope of bids torn. Please PROCESS RECEIPT, imd AFFIDAVIT OF RETURN ty or Print o at am ot I I- cl &W coon. AM 11111I 1. PLANNTIPF/SI 2. COURT NUMBER GMAC MORTGAGE LLC 08-5743 Civil Term 3. DEFENDANTO 4. TYPE OF WRIT OR COMPLAINT: KENNETH POTI'ORFF and LESLIE POTIORFF Complaint in Mortgage Foreclosure 5. NAME OF DOMMAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOW. Leslie Pottorff 8. ADDRESS (SVW or RFD, Aparbnent No., City. Boro, Twp., Stab and ZIP CODE) AT 705 Latimore Road, York Springs, PA 7. ININCATE UNUSUAL SERVICE: O PERSONAL ? PERSON IN CHARGE ? DEPUTIZE 0 CE LUAU, 0 WGIISTERED, MAN. O POSTED O OTHER NOW, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS OOLINTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any do" fherlff levying upon or of thing any property under within wit may (save sans will a watchrrm, in custody of whor ever is found in possession, alter notif ft person of Ivey or sttacMnant, wNhout liability on lfw part of such do" or the sheriff to any Plaint Nl herein for any loss, destruction or removal of any such property before sheifrs sale thereof. 9. SIGNATURE of ATTORNEY or other ORKMATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ? PLAINTIFF ? DEFENDANT 12.1 r re- *4,et tM wrN SMA1tMM of AuMwrited AtSEt T I or complaint ss 1 Boated above. Y or Clerk and Tills 13. Date Rscerired 14. Ebgfiradon eE)ii1115dab 9/30/08 OCTOBER 29. 2008 15. 1 hereby C1211171IY and RETUFM that l ? have personally served, ? have served person in charge, ? hwe leptl evidence of service as show in "Reinert" (on reverse) ? have pm I, I the above dsscreed property wkh'fhe writ or cromplaint described on the individual; company, cotpaatipn, etc., at the address shown above or on the individual, compery, coMwalion, W.. at the address inserted below by handirgfor Pasting a TRUE and ATTE>s W CWY tharol. I& I hereby awilly and nlwn a NOT IFOOM because 1 am unable to locate the individual. company. corporation, atc., named above. (See remarks below) 17. Name and tilts of individual saved /a. A peran of OWN"ap srw 11-, -'o Reed Order I of than ald' llbei p dNsneat s our O It. Address of 0".anted (Camplate only it different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time stave and ZIP coft S: Defendant does not reside at the above address. The York Spritgs Post Off has n0 change of address on file for the defeeidant. 22. ATTIMPTB DOW. IMNss Dspt & Date tWIN DeP.hnt. Dab M Nas Dsp.lM. Oats MNae Dp.lnt. Dab M I Dep.lt. 23. Advance Costs 24. 25. 28. 27. Tool Cats 28. cm am OR N rum AFFIRMED and subscribed to baton me this N/A day er MI111M O . wwm (PIW.» Print or Too) I Date signalm of SIM I Dab BlfatRflPF of ADAMS COW" upon ?,. defendan by nugling to Ify man, return "P ev , PQ~ propald, on the a bio64nd y thereof at ; The return receipt sued by defendant on the is hen ft a and rnede e-part of this return. ( ) ( 2) Qutsldid the Comnwwesltj r, pursuant toPer. R.C.P. 495 (c) (1) O, by a true ahct attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) regkftred ( ) rtif*d m H, r*t *n" ` postage prepaid, addressee only on the said reps' WT s ? j#rMWS, 4!_?eA? ?[ that iate t refused;ta aeas* :40w Taw**Amd mn*t and mode a part of lhis return. Aed?theel ( } (b) To the c ndenl by ordinary r asswiml to Aska*w at son asetlms, with the return ONO IONIC O address of the $lriif -. . I fug asePWY' tkat after $ MI :` said envelope back from the A. oast 1Wlrwidee. -A 45 13e0010 aflatkSI140 a pro9f of mailing. . ) By P in t o o ofr, M4kQdM&t'M the Cdunty,at f , I??IMlefbiii?IM?r il+?l?lltll??? 3 t;' r' t '44WAPOW Pud'in t Jqw*' pf:Adw&?-N1h,61lAelAilr?elAlt _ o4culodan in "M County for s c iwe r"Voks of from paid Add ? eve howo OWN* part of this return. by meil; return reaeip# re**Olrd, p K . on the a true and allpelod a f at The , AWOirWa.rnarked .. is hereto attached. ( ) (5) Other Y '" Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-5743 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION VS. KENNETH POTTORFF LESLIE POTTORFF TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 16 Phelan Hallinan & Sc ieg, LLP Attorne n ' f By: Francis S. Hallinan, Esquire PHS #: 126993 i -r VERIFICATION Jeffrey Stephan Limited Signing OffiCer hereby states that he/she is of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, in this matter, that he/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 his/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 unsworn falsification to authoriie DATE: Title: Jeffrey Stephan Limited Signing Officer Company: GMAC MORTGAGE, LLC Loan: 0359057943 File #: 126993 K PHELAN HALLINAN & SCHMIEG, LLP 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, LLC, S/I/I TO GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff VS. KENNETH POTTORFF LESLIE POTTORFF Defendant(s) : NO. CIVIL-08-5743 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: KENNETH POTTORFF 1437 GOODYEAR ROAD GARDNERS, PA 17324 LESLIE POTTORFF 1437 GOODYEAR ROAD GARDNERS, PA 17324 Date: /Q /;'?# ( Phelan Hallinan & Schmi , LLP Attorney for Pla* if By:? Francis S. llinan, Esquire rt"s ? .. ? c: °ti fa7 ty7 ;:-. :? - : t'r } - =e:.wt r,,. ? -?7 . GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM CIVIL NO. 2008-5743 CUMBERLAND COUNTY KENNETH POTTORFF LESLIE POTTORFF 1437 GOODYEAR ROAD GARNDERS, PA 17324 Defendants ANSWER, NEW MATTER AND COUNTERCLAIM Defendant, Leslie Pottorff is represented by Robert L. O'Brien, Esquire of O'Brien, Baric and Scherer, 19 West South Street, Carlisle, PA 17013 ANSWER 1. Admitted 2. Defendant, Leslie Pottorff resides at the Goodyear Road address, Mr. Pottorff resides elsewhere. The parties are divorced. 3. Admitted 4. Admitted 5. Denied, the Defendant has made payments which the Plaintiff has not properly credited. As set forth in the New Matter and Counterclaim the Plaintiff has violated the statutes of Pennsylvania and accordingly is in violation of same and the damages claimed by the Defendant for the violations exceed the amounts claimed by the Plaintiff. 6. It is denied that the Plaintiff owes the amounts set forth in the Complaint and strict proof of the same is demanded at the time of trial. 7. The attorney's fees are in violation of the laws of Pennsylvania. 8. The Plaintiff has filed a Chapter 13 bankruptcy and has proposed a plan to reinstate the mortgage and to pay arrears, if any, after the Court makes a determination of the respective claims of the parties. 9. The Plaintiff has failed to send the notices required by Pennsylvania law. 10. The action does come under the provisions of Act 6 and the failure of the Plaintiff to comply with the provisions is a violation of the laws of Pennsylvania. Wherefor, Plaintiff demands judgment in her favor. NEW MATTER 11. Act 2008-56 and Act 2008-57 repealed and amended provisions of the mortgage and usury laws of Pennsylvania. These same modified statutes regulate the Complaint and the requirements and duties of the Plaintiff in the instant action. 12. The aforesaid acts require that notices be sent to the Defendant and the notice sent to the defendant that provided the right to cure the default provide for a usurious rate. Pursuant to the usurious rate demanded by the Plaintiff the Defendant tendered payments that were accepted by the Plaintiff in the amount of $2,000.00 13. The notice sent to the Plaintiff is dated 07/22/08 and is attached as Exhibit "A". At the time this demand notice was sent the Defendant owed approximately two payments. Despite the amount to be cured was less than $2,000.00, the Plaintiff demanded $13,133.65 to cure the default. 14. The Defendant was intimidated by the demands and acceded to the same and signed and returned the document to the Plaintiff. Receipts of the payments sent in response to the demand are attached as Exhibit "B". 15. By the terms of 41 P.S. Section 502, the Defendant is entitled to treble damages of the amount paid to Plaintiff by reason of its unconscionable and usurious demand. 16. On or about September 13,2008, the Defendant received a notice attached hereto as Exhibit "C". In this notice, the Plaintiff stated that the Defendant had 30 days to pay $2073.60. 17. Prior to this notice and the notice in exhibit A, the Defendant had made repeated requests from the Plaintiff to explain how she owed $13,331.65 to cure the default. The Plaintiff refused to reply or send a statement. 18. Despite the representations in exhibit C, the Plaintiff instituted a mortgage foreclosure action on September 29, 2008, some 10 days prior to the deadline. 19. Once the defendant had a statement from the Plaintiff that set forth what seemed to be a reasonable amount being due in exhibit C, she made arrangements to pay the $2,073.60 thru a Chapter 13 bankruptcy. 20. Prior to the notice in exhibit C she was afraid that any payment sent to the Plaintiff would disappear into the totally unreasonable claim of $13,331.65. In August of 2008 counsel had advised her to make no payments until the Plaintiff was able to justify the claim of $13,331.65. 21. The Defendant is entitled to collect reasonable attorney fees from the Plaintiff in defense of this matter due to the violations of the laws of Pennsylvania. Defendant's counsel is billing $250.00 per hour in defense of this matter and pursuit of Defendant's Counterclaim. Wherefor, Defendant demands judgment in her favor and against the Plaintiff. COUNTERCLAIM 22. The Defendant incorporates her responses to the Complaint and the averments in her New Matter herein. 23. The Plaintiff collected $2,061.96 in usurious charges from the Defendant and the Defendant makes claim against the Plaintiff in the amount of $6,185.88. 24. The failure of the Plaintiff to proceed in accord with the statutes of Pennsylvania has deprived the Plaintiff of rights and safeguards provided by those laws. 25. The notices sent to the Plaintiff in Exhibit A and C violates Act 6 and Act 91 and Plaintiff makes claim for treble damages for usurious charges and attorney fees for defense of this matter. 26. As an example of how confusing the Plaintiff presents its claims, the Defendant offers the following: A. On July 22, 2008, the Plaintiff claimed that the default was $13,331.65; B. On September 9, 2008, the Plaintiff claimed the default was $2,073.60; C. On September 29, 2008, the Plaintiff claimed the default was $5,979.84 and D. On November 10, 2008, the Plaintiff claimed the sum of $6,788.32. Wherefor, Defendant demands judgment against the Plaintiff in the amount of $6,185.88 for treble damages for amounts paid for usurious charges, for reasonable attorney fees at $250.00 per hour for defense of this matter, costs of suit and such other relief as is just and equitable. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I. D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 1 Leslie Pottorff GMAC Mortgage ?Tw 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 07/22/08 FORECLOSURE REPAYMENT AGREEMENT KENNETH POTTORFF LESLIE POTTORFF 1437 GOODYEAR RD GARDNERS PA 17324-0000 RE: Account Number 0359057943 Property Address 1437 GOODYEAR RD GARDNERS PA 17324-0000 KENNETH POTTORFF LESLIE POTTORFF ("Customer") and GMAC Mortgage, LLC ("Lender"), in consideration for the mutual covenants set forth in this Foreclosure Repayment Agreement (the "Agreement"), hereby agree as follows: 1. There is an outstanding debt to the Lender pursuant to a note and mortgage or deed of trust or equivalent security instrument (the "Mortgage") executed on 04/21/03, in the original principal amount of $105288.00. 2. The account is presently in default for non-payment to Lender of the 03/20/08 installment and all subsequent monthly payments due on the Mortgage for principal, interest, escrows and charges. 3. The amount necessary to cure the default is $13133.65 plus such additional amounts that are presently due under the terms of the loan documents as of 07/22/08, and will increase until the default in the account is brought current. 4. Lender has instituted foreclosure proceedings against the property securing the Mortgage indebtedness, which proceedings will continue until the default(s) described herein is/are bought current under the terms of the Mortgage, or otherwise cured as provided for in this Agreement. 5. Notwithstanding the foregoing, Lender agrees to suspend but not terminate foreclosure activity on the default account, provided we receive the executed Agreement and we receive the initial installment in the amount of $1325.73 no later than MONTHLY. This executed Agreement can be mailed or faxed to us at: P?-/ 07/22/08 Account Number 0359057943 Page Two GMAC Mortgage, LLC Attention: Default Payment Processor 3451 Hammond Avenue Waterloo, IA 50702 Fax: 866-340-5043 6. Pursuant to your request you agree to pay the remainder of the default, $, as indicated in the Payment Schedule enclosed and made a part hereof by reference. Customer understands that payments due under the Payment Schedule may include amounts due for real estate taxes and insurance, and the Payment Schedule amounts may, in such event, have to be increased, at the sole option of the Lender, if the items for such escrow purposes should increase during the duration of the Agreement. 7. All payments under this Agreement, including the regular monthly payments, shall be made in certified funds or cashier's check, shall include the account number on the Customer's check or on a written attachment to the check, and shall be sent to the following address: GMAC Mortgage, LLC Attention: Default Payment Processor 3451 Hammond Avenue Waterloo, IA 50702 Additional methods of remitting payments under this agreement are: - Money Gram using a Receive Code of 07/25/08 - Western Union using a Code City and State of If payment is tendered in any other form, Lender may return the payment and invoke any remedies available under the loan documents and this Agreement. In the event we do not receive timely payment called for under this Agreement, Lender may, without further notice to Customer, undertake or continue collection or foreclosure activities. In such event, any payments tendered under this Agreement shall be applied to the account in the manner specified in the Mortgage, and there will be no right to a refund of the tendered funds. In the event Lender chooses to accept any payment not in the full amount called for under this Agreement, such acceptance shall not be deemed a waiver of Lender's right to declare a default under this Agreement. Upon any default in meeting the terms of this Agreement, any such payments received under the terms of this Agreement shall be applied first against the default in the account, with the excess, if any, then applied according to the terms of the Mortgage. The parties expressly understand and agree time shall be of the essence as to the obligation under this Agreement. ft- 2' 07/22/08 Account Number 0359057943 Page Three 9. Customer understands and agrees that all other provisions, covenants and agreements set forth in the Mortgage shall remain in force and effect during the duration of this Agreement and thereafter, and this Agreement shall not constitute a modification or extension of the Mortgage. 10. If a notice of a new or subsequent bankruptcy is received during the duration of this Agreement, the Agreement will automatically be voided. 11. Acceptance of any payment hereunder shall not constitute a cure nor be deemed a waiver of the existing default, and in no manner shall such acceptance prejudice any rights of Lender to proceed with the Trustee Sale Action noticed in the Notice of Default, and shall not constitute a violation of California Code of Civil Procedure Section 726.580(a), 580(d) (the One Form of Action Rule), and shall not invalidate the Notice of Default. Customer expressly relinquishes and waives any rights, claims and defenses Customer may have under any of the Code of Civil Procedure Sections or under the Loan with regard to any whole or partial payments, whether current, past or future. 12. If any additional amounts are added to the loan to be collected that have not been addressed in this agreement, those amounts will need to be paid at the conclusion of this agreement. Notice: This is an attempt to collect a debt, and any information obtained will be used for that purpose. If your debt has been discharged in bankruptcy, our rights are being exercised against the collateral for the above-referenced account, not as a personal liability. If you have any additional questions, please contact us at 800-850-4622, extension. Loss Mitigation Department Loan Servicing Enclosure 1-3 07/22/08 Account Number 0359057943 Page Four *************************CERTIFIED FUNDS ONLY************************* NOTE: There is no grace period during this Agreement. Pursuant to your request and in order to cure the default on this account, all payments must be received on or before the due date. RECEIVED AND AGREED: KENNETH POTTORFF Customer (Seal) Date LESLIE POTTORFF Customer Date Upon receipt of the signed agreement, we as the Servicer will also execute to indicate our concurrence with this agreement. Servicer 5:15 SIGN AND RETURN THIS PAGE ONLY ************************** FAX TO 866-340-5043 ************************** i) -y LO LD O n m C o j V1 U C F C ?r (D W42 m 0 N O C WW m Wow to Cl W to Ln N N O 14 0 F '••i R OD Cl r, F N O (s7 ? U +? a m a' O pq a 3 o W o z M N Cl to H W W {k4 4.) U O W O W . 44 O W F ?o v] 43 V1. H a Ln ? m a H W U m W ? H X H H 44 E-4 E) 00 Z H U a a N w o d' 44 0 W o w 43 04 0 04 Sal a q w x P N U a.? q W 4) 0 U 4 H LO LO O n m r ' C O cc > Con C L "4 a ?a d' ? Xo •C WW0°s W O a°i WNW 4 a w Ea 0 0 to r-I H F o 0 \ ? F o Al +? a O (q a 3 C 0 r-I H C) W W 94 %D l.) 0% U rI W 44 O W M W F ? W W ? H py+ 4J V) W cr% o Al ,a W b U ? ?+ a v o a v 4 O 1Z{ N U P: M a O 44 0 W o w 4J 04 a A U x ? N U ? q W W U v U ? H ? G_.MAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 09/09/08 KENNETH POTTORFF LESLIE POTTORFF 1437 GOODYEAR RD GARDNERS PA 17324-0000 RE: Account Number 0359057943 Property Address 1437 GOODYEAR RD GARDNERS PA 17324-0000 Dear KENNETH POTTORFF LESLIE POTTORFF The repayment plan we previously established at your request has been canceled for one or more of the following reasons: [[]] The payment received does not represent the correct amount as specified in the signed repayment agreement. [[x]] The payment was not received by the payment due date as specified in the signed repayment agreement. [[]] The signed repayment agreement has not been received. [[]] The required contribution has not been received. Notice -- This is an attempt to collect a debt and any information obtained will be used for that purpose. If your debt has been discharged in bankruptcy, our rights are being exercised against the collateral for the above-referenced loan, not as a personal liability. At this time, the default proceedings will resume. If you wish to discuss the status of your account or the canceled payment plan, please contact the Loss Mitigation Department at 800-850-4622, extension. Loss Mitigation Department Loan Servicing 5:86 C -I NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 1437 GOODYEAR RD GARDNERS PA 17324-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 06/20/07 through 08/20/07. See attached Exhibit for payment breakdown. Monthly Payments $ 1939.88 Late Charges $ 60.00 NSF $ 0.00 Inspections $ 58.75 Other (Default Expenses and Fees) $ 14.97 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 2073.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYLNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2073.60, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check or certified check made pavable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo JA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance. of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, C-- - Z PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 GMAC Mortgage, LLC S&I to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Kenneth Pottorff Leslie Pottorff 1437 Goodyear Road Gardners, PA 17324 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. Civil - 08-5743 : Cumberland County SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Defendant, Leslie Pottorff , filed a Chapter 13 bankruptcy case in the United States Bankruptcy Court for the Middle District of Pennsylvania at Docket No. 08-03732 on October 10, 2008. A true and correct copy of the Bankruptcy Docket to case No. 08-03732 is attached hereto as Exhibit A. Date: December 19, 2008 ON o P. chalk, Esquire Att o ey for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 GMAC Mortgage, LLC S/I/I to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Kenneth Pottorff Leslie Pottorff 1437 Goodyear Road Gardners, PA 17324 Defendants Attorney for Plaintiff : Court of Common Pleas . Civil Division : No. Civil - 08-5743 : Cumberland County CERTIFICATION OF SERVICE TO THE PROTHONOTARY: Service upon the all parties was made by sending a true and correct copy of Plaintiff s Suggestion of Bankruptcy, by U.S. First Class Mail on the date listed below. Robert L. O'Brien, Esquire O'Brien Baric & Scherer 19 West South Street Carlisle, PA 17013 Date: December 19, 2008 l7 Jo h P. chalk, Esquire Atto ey for Plaintiff EXHIBIT "A" USBC PAM - LIVE - VERSION 3.21, Page 1 of 4 CREDS, FMDue, 34111eld U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:08-bk-03732-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 10/10/2008 Debtor Leslie Marie Portorff 1437 Goodyear Road Gardners, PA 17324 SSN / ITIN: xxx-xx-5101 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Robert L. O'Brien O'Brien Baric and Scherer 19 West South Street Carlisle, PA 17013 717 249-6873 Fax : 717 249-5755 Email: robrien@obslaw.com Filing Date # Docket Text Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff. (O'Brien, Robert) (Entered: 10/10/2008 1 10/10/2008) Receipt of Chapter 13 Voluntary Petition - case upload(1:08-bk- 03732) [caseupld,1305u] ( 274.00) filing fee. Receipt number 3158988, amount $ 274.00. (U.S. Treasury) (Entered: 10/10/2008 10/10/2008) Matrix filed/Creditor List Uploaded. (There is no image or paper https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?728522950240219-L_187_0-1 12/19/2008 USBC PAM - LIVE - VERSION 3.2L Page 2 of 4 document associated with this entry.) Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (RE: related document(s) 1 ). (O'Brien, Robert) (Entered: 10/10/2008 2 10/10/2008) Certificate of Credit Counseling Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (RE: related document(s) 1 ). (O'Brien, Robert) (Entered: 10/10/2008 3 10/10/2008) Chapter 13 Plan (Includes 1 Motion(s) to Avoid Liens and no Motion(s) to Value Collateral) Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (RE: related document(s) 1 ). (O'Brien, Robert) (Entered: 10/10/2008 4 10/10/2008) Employee Income Records (Payment Advices) Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie 10/10/2008 5 Portorff. (O'Brien, Robert) (Entered: 10/10/2008) 10/10/2008 FeeDueBK flag removed. (CashReg) (Entered: 10/15/2008) Notice of missing documents (RE: related document(s) 1 ). (CA) 10/14/2008 6 (Entered: 10/14/2008) Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO 10/14/2008 CHANGE. 11/20/2008 at 09:00 AM. (CA) (Entered: 10/14/2008) Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO 10/16/2008 CHANGE.. 12/4/2008 at 09:00 AM. (AG) (Entered: 10/16/2008) BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s) 6 ). Service Date 10/16/2008 7 10/16/2008. (Admin.) (Entered: 10/17/2008) Amendment to Petition on current form Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (RE: related document(s) 1 ). (O'Brien, Robert) (Entered: 10/30/2008 8 10/30/2008) Amendment to Means Test current form Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (RE: related document(s) 1 ). (O'Brien, Robert) (Entered: 10/30/2008 9 10/30/2008) Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 12/4/2008 at 10:00 AM at Federal Bldg, Trustee Hearing https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?728522950240219-L_187 0-1 12/19/2008 USBC PAM - LIVE - VERSION 3.2L Page 3 of 4 Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 3/4/2009. Last day to oppose dischargeability is 11/05/2008 10 2/2/2009. (KZ) (Entered: 11/05/2008) BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s) 10 ). Service Date 11/07/2008. 11/07/2008 11 (Admin.) (Entered: 11/08/2008) BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s) 10 ). Service Date 11/07/2008. (Admin.) (Entered: 11/07/2008 12 11/08/2008) Objection to Confirmation of Plan to Debtor's Chapter 13 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Gmac Mortgage,LLC, (RE: related document(s) 4). (Attachments: # 1 Certificate Of Service# 2 Proposed Order # 5 Exhibit A# 6 Exhibit B)(Schalk, Joseph) Additional attachment(s) added on 11/14/2008 (DG). Modified to update attachment 11/10/2008 13 numbers on 11/14/2008 (DG). (Entered: 11/10/2008) Corrective Entry: previous attachment omitted/incorrect/incomplete RE: Correct Exhibit A Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Gmac Mortgage,LLC, (RE: related document(s) 13 ). (Schalk, 11/13/2008 14 Joseph) (Entered: 11/13/2008) Corrective Entry: previous attachment omitted/incorrect/incomplete RE: Correct Exhibit B Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Gmac Mortgage,LLC, (RE: related document(s) 13 ). (Schalk, 11/13/2008 15 Joseph) (Entered: 11/13/2008) Objection to Claim Number 1 of GMAC Mortgage filed on 10/21/2008. Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (Attachments: # 1 Exhibit Answer New Matter and Counterclaim) (O'Brien, Robert) 12/04/2008 16 (Entered: 12/04/2008) Notice to Filing Party (R O'Brien) (RE: related document(s) 16 ). 12/05/2008 17 (AG) (Entered: 12/05/2008) Certification that 341 Meeting of Creditors Held (Ch. 13) on 12/04/08. Notice sent to all creditors setting confirmation hearing. Last day to Object to Plan Confirmation 1/4/2009. Confirmation hearing to be held on 1/7/2009 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, I1I6d), Charles) (Entered: 12/08/2008 18 12/08/2008) https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?728522950240219-L_187 0-1 12/19/2008 USBC PAM - LIVE - VERSION 3.21, Page 4 o'14 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s) 18 ). Service Date 12/10/2008. 12/10/2008 19 (Admin.) (Entered: 12/11/2008) Objection to Confirmation of Plan Filed by Trustee (RE: related 12/11/2008 20 document(s) 4). (dehart, III(db), Charles) (Entered: 12/11/2008) Amendment to Petition Filed by Robert L. O'Brien of O'Brien Baric and Scherer on behalf of Leslie Marie Portorff (RE: related 12/18/2008 21 document(s) 1 (O'Brien, Robert) (Entered: 12/18/2008) II PACER Service Center II Transaction 1 12/19/2008 14:03:55 1 ACER 1:08-bk-03732-MDF Fil or Ent: filed Doc From: 0 Doc To: 99999999 Term: included Format: Billable a Cost: 0.16 Pages: https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?728522950240219-L_187_0-1 12/19/2008 C 3 r :' c` co tr GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. KENNETH POTTORFF LESLIE POTTORFF 1437 GOODYEAR ROAD GARNDERS, PA 17324 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM CIVIL NO. 2008-5743 CUMBERLAND COUNTY PRAECIPE TO DISCONTINUE COUNTERCLAIM TO THE PROTHONOTARY: Kindly discontinue the Counterclaim in the above-captioned action, with prej udice, and have the docket reflect that the Answer and New Matter filed on November 26, 2008, are also withdrawn. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 FILED-C' i" OF THE PR OT`,C,T',,IOTARY 2009 APR 15 PM 3: 30 C•f= PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff vs. Kenneth Pottorff Leslie Pottorff 1437 Goodyear Road Garnders, PA 17324 Defendants PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: Civil-08-5743 X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. PHS: 126993 Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: AA 1,4 S4h? ,(/- Francis S. Hallinan, Esquire Attorney for Plaintiff PHS: 126993 ?I wA.,.l .... , ? r t 4 DG THE L? )T,?2 ?r s? )TA q 2099 I It i i Pm) ! : r ] GuIrv, E !,!TV