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HomeMy WebLinkAbout04-1531FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff HAWLEY I. SUTFIN ELONDA H. SUTF1N 4175 MOUNTAIN VIEW ROAD APT 106 MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CML 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 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 91072 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, 1F 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. 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#: 91072 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: HAWLEY I. SUTFIN ELONDA H. SUTFIN 4175 MOUNTAIN VIEW ROAD APT 106 MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/03/1998 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. 1445, Page 429. By Assignment of Mortgage recorded 01/25/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 601, Page 377. Said Assignment of Mortgage was modified as set forth in the modification agreement recorded 04/04/01, in Assignment of Mortgage Book No. 671, Page 161. 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#: 91072 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 04/08/2004 (Per Diem $22.33) Attorney's Fees Cumulative Late Charges 04/03/1998 to 04/08/2004 Cost of Suit and Title Search Subtotal $112,438.87 9,043.65 1,250.00 487.45 $ 550.00 $123,769.97 Escrow Credit 0.00 Deficit 1,529.94 Subtotal $ 1,529.94 TOTAL $ 125,299.91 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 pr/or 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 $125,299.91, together with interest fi.om 04/08/2004 at the rate of $22.33 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. FEDERM,~,.bI~ND PH.ELAN, LLB] ~f~ By: /s/eranms S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIP. E FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 91072 PRENISES 0N: 10.5 STOI~IER DRIVE V~ERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, 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 k~owledge, information and belie£ Thc undersigned understands that this statement is made sot!ject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworo falsification to authorities. DATE: SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01531 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS SUTFIN HAWLEY I ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT SUTFIN HAWLEY I unable to locate Him COMPLAINT ~ MORT FORE ,Sheriff or Deputy Sheriff, who being a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 105 STONER DRIVE MECHANICSBURG, PA 17055 105 SUTFIN HAWLEY I STONER DRIVE MECHANICSBURG IS VACANT. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 27.90 So Sheriff of Cumberland County FEDERMAN & PHELAN 04/20/2004 Sworn and subscribed to before me this ~6- day of ~ A.D. Pro~n~t a~ry~ ~ ~6~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01531 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS SUTFIN HAWLEY I ET AL R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT SUTFIN ELONDA H unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, he made a diligent in his bailiwick. He therefore returns who being search and but was the the within named DEFENDANT , SUTFIN ELONDA H 105 STONER DRIVE MECHANICSBURG, PA 17055 105 STONER DRIVE MECHANICSBURG IS VACANT. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: ~ ....... ~.~ r R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 04/20/2004 Sworn and subscribed to before me this ~1~3~ day of ~ ~ODct A.D. Pro~notar~ ~, ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS $UTFIN HAWLEY I ET AL DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SUTFIN HAWLEY I DEFENDANT , at 2010:00 HOURS, on the 15th day of April at 4175 MOUNTAIN VIEW ROAD APT 106 MECHANICSBURG, PA 17050 by handing to HAWLEY SUTFIN a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this ~//~ day of [~ ~%~3q A.D. · t~rothonotary ! ' So Answers: 04/20/2004 FEDERMAN & PHELAN ~epu~y Sherzff ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOPg~TION VS SUTFIN HAWLEY I ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, SUTFIN ELONDA H DEFENDANT , at 2010:00 at 4175 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17050 HAWLEY SUTFIN, HUSBAND a true and attested copy of the within COMPLAINT - MORT FORE was served upon HOURS, on the 15th day of April APT 106 by handing to the 2004 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 16.00 Sworn and Subscribed to before me this .2;~2~ day of 0~.~.,.-~ ,~ f..~ 'q A.D. P~o~honot ary / So Answers: R. Thomas Kline 04/20/2004 FEDERMAN & PHELJkN 'Deput~ 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, HAWLEY I. SUTFIN ELONDA H. SUTFIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1531-CIVIL 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 HAWLEY I. SUTFIN and ELONDA H. SUTFIN, 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 4/9/04 to 5/20/04 TOTAL $125,299.91 $937.86 $126,237.77 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~D. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FP~NCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56%7000 GMAC MORTGAGE CORPORATION Plaintiff Vs. HAWLEY I. SUTFIN ELONDA H. SUTFIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 04-1531-CML TO: HAWLEY I. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 DATE OF NOTICE: MAY 5. 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 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 HIKING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INP'ORMATION 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 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 GMAC MORTGAGE CORPORATION Plaintiff Vs. HAWLEY I. SUTF1N ELONDA H. SUTFIN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : C1VIL DMSION : CUMBERLAND COUNTY : NO. 04-1531-CIVIL TO: ELONDA H. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHAN/CSBURG, PA 17050 DATE OF NOTICE: MAY 5, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N 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 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 $UDGMENT 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 SHERIFF'S RETURN - CASE NO: 2004-01531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS SUTFIN HAWLEY I ET AL REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SUTFIN HAWLEY I DEFENDANT , at 2010:00 HOURS, at 4175 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17050 HAWLEY SUTFIN a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 15th day of April the APT 106 by handing to together with and attested copy of COMPLAINT - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this day of A.Do Prothonotary So Answers: R. Thomas Kline 04/20/2004 FEDERMAN & PHELAN By: ~ ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS SUTFIN ~LAWLEY I ET AL DAVID MCKINNE¥ , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SUTFIN ELONDA H DEFENDANT at 2010:00 HOURS, on the 15th day of April at 4175 MOUNTAIN VIEW ROA/P MECHANICSBURG, PA 17050 HAWLEY SUTFIN, HUSBDJqD Sheriff or Deputy Sheriff of who being duly sworn according to law, APT 106 by handing to a true and attested copy of COMPLAINT - MORT FORE the , 2004 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 16.00 Sworn and Subscribed to before me this day of A,D. Prothonotary So Answers: F R. Thomas Kline 04fl2072004 FEDEPJW3tN & PHELAN By: P~eP~ ~SHerif f ~ 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, HAWLEY I. SUTFIN ELONDA H. SUTFIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1531-CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HAWLEY I. SUTFIN is over 18 years of age and resides at, 4175 MOUNTAIN VIEW ROAD, APT 106, MECHANICSBURG, PA 17050. (c) that defendant ELONDA H. SUTFIN is over 18 years of age, and resides at, 4175 MOUNTAIN VIEW ROAD, APT 106, MECHANICSBURG, PA 17050. This statement 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 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 ~CLast Name ]First Middle IBegin Date IActive Duty StatusSUTF1N Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAY-20-2004 06:23:20 Service/Agency 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.mi!. 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/owedsscra.prc_Select 5/20/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 ~SiINName [First I Middle [BeginDate [Active Duty Status Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAY-20-2004 06:23:33 I Service/Agency 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.hel dp~k~on.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/owaYsscra.prc_Select 5/20/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180~3183 GMAC MORTGAGE CORPORATION Plaintiff, HAWLEY I. SUTFIN ELONDA H. SUTFIN Defendant(s). No. 04-1531-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/21/04 to SEPTEMBER 8, 2004 (per diem -$20.75) TOTAL $126,237.77 $2,303.25 and Costs $128,541.02 AN, ESQUIRE One Penn Center at Suburban Station 1617 Jo/m F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN piece Or pare. el of lam sia~ate in ~he Township of Uppe~ Allen, County of Cumberland ami S~ of Pennsylvania. bounded a<l des~ribod as follows, to wit: BEGINNING at a point on &c Western line of Stoner Drive at the No,hen.st ~ ~gi~Rer memion~d P)an ~f ~s; l~ by the divid~ 49 degr~ ~ ~nu~s W~. 135.72 f~t to a ~; t~ No~h ~ degt~s ~1 ~S E~xt, 79.~ f~ (o a ~int; I~ by ~e divHing l~ ~ ~ N~. 74 ~ 75. So~ 49 degass ~ mtnu~ E~. 143,02 feet ~ a ~i= on ~e W~rn lia~ of 5~ Drive; ~e by the W~ra li~ of Stoaer Drive, ~a~ 46 degr~ ~ minut~ 30 s~ West, ~ f~ ~o a BEING Lot NO. 75 in the Plan o[ Lots of Spacious Acres, Sectioo 4, which Plall is of record ia the Cumberland County Recorder's Office in Plan Book 16. Page 59. BEINO known and nulllbered as 10:5 Stoner Drive, M¢cbanic~burg. PenllSylv'ania. TITLE TO SAID P,qEMISES IS VESTED IN Hawley I. Smfin -and Elonda H S'tufin by Deed from Loft A, Ti~dgen, single woman dato. i 4f13/1998 arid re~ordegl 4/13t'I998, in Deed Rook 175. Page 247. Tax Parcel ,,/42-30-2108-163 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1531 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 HAW1,EY I. SUTFIN AND ELONDA H. SUTFIN (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 arty 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 fotmd 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 enjoined as above stated. AmountDue $126,237.77 L.L. $.50 Interest FROM 5/21/04 TO 9/8/04 (PER DIEM - $20.75) -- $2,303.25 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $155.97 Other Costs Plaintiff Paid Date: MAY 21, 2004 (Seal) CURTIS R. LONG Prothono~)jy 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 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, Vo HAWLEY I. SUTF1N ELONDA H. SUTFIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1531-CIVIL CERTIF/CATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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, V. HAWLEY L SUTFIN ELONDA H. SUTFIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1531-CIVIL 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, 105 STONER DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAWLEY 1. SUTFIN ELONDA H. SUTHN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 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 property to be sold: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) CIT1FINANCIAL,/NC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 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. Narne Last Known Address (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 105 STONER DR/VE MECHANICSBURG, PA 17055 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. 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. May 20, 2004 DATE FRANK FEDERMAN, ESQUIR.E Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, HAWLEY 1. SUTFIN ELONDA H. SUTFIN Defendant(s). TO: HAWLEY I. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 04-1531-CIVIL May 20, 2004 ELONDA H. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTE ** Your house (real estate) at, 105 STONER DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the SherifPs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $126,237.77 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 Sherif£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 this schedule unless exceptions (masons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of lam{ $inmt~ in the Township of Upper Allen, Couaty of Cumberland and State of Pennsylvania. bounded and described ~s follows, m wit: BEGINNING at a point on ~¢ Western linc of Stol~r Drive ai the Northeast coru~ of Lot No. 76 oll fix: hereinafter memiou~d Plan of Lms; fl~uce by the dividing linc betw~u Lol Nos~ 75 and 76, North 49 degrees 09 minutes West. 135.72 feet to a poitR; thence North 40 degree.~ 51 minnies East, 79.68 fue~ to a point; lhcm~ by tile dividing line betwce, u Lol Nos. 74 ar, d 75. Soutt~ 49 degrees 09 minutes. Fast, 143.02 feet ~o a poini on the Weg~ern llne of Stoner Drive; thence by the Western line of Stoner Drive, South 46 degree~ 04 minutes 30 seconds West, 80 fee~ to a pelto, the place of begimdag. BEING Lot No. 7~, in ~ Plan of ~ of Spacioils Acres, S~£ion 4, which Plan is of rc~ord in the Cumberland Coumy Recorde~'s Office ia Plaa Book 16, Page ~9, BEINO kaown and numbered as 105 Stoner Drive. Mecbanicsburg, Penusylvania. TITLE TO SAiD PREMISES 1S VESTED IN Hawley I Sutfin from Lori A~ Tiedgen, single woman dales{ 411311998 and r~Ord~:l 4/13/1998, iR ~ Book 17.5. Page 247. Tax Parcel #42.30-2108-163 ~NTIFF ~,~FENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE cORPORATION HAWLEY L sUTFIN ELONDA H. SUTFIN sERVE ELONDA H. SUTFIN AT 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 cUMBEPA~AND COUNTY PJT No. 04.1531-CIVIL ACCT. #03060374'1'1 Type of Action . Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED ......... ~"t c~gl ~ ¥~. ~ O~lC~'I~ , Defendant, on the _day of , Commonwealth of Pennsylvania, in the manner described below: ~ endant nersonally served. ~fue~t famiiy member with whom Defendant(s) reside(s). Name and Relationship is ~-Adult in charge of Defendant(s)'s residence who refused to give name or relationship- ~- flod in~ in which Defendant(s) reside(s). Manager/Clerk oyplace o ~ ~ ~ndant(sVs office or usual place of business. ~ Agent or person tn charge ot ~e~.--- ~.. :a r~oe,-,,a~nt(sVs company. ~- t Other Other:_ ~'~'~ "'' 't IiU~ Race ~ Sex -~ Description: Age ~ Height 9 ~ wetgn ~ _ C ~4 ¢1 5 ~'~ ~ ~____~_~__, a competent adult, being duly sworn according to law, depose and state that 1 I, ~ and correct copy of the Notice of Sherifffs Sale in the manner as set forth herein, issued in the personally handed a true captioned case on the date and at the address indicated above. - 'scribed I [l~d~J.,It~,~ ] : ~ )~--~L .... ~v a,~;3 T~']E~· INDICATE DATES & TIMES OF SERVICE PLEASE ATTEMPT SERVICE A~ ~ATTEMP~'I~D NOT SERVED o'clock __.m, Defendant NOT FOUND because: On the ~ daY of ~ 200__, at ~ Vacant ----- Moved ~ unknown ~ No Answer~ 2"a Attempt:_ 1st Attempt: / / ffime:~: -- 3rd Attempt:_ / / ~Time:~: Sworn to and subscribed before me this ~ day of ~---~------' 200 __. Notary: Attorne'¢ for Plaintiff ~rank Eeder man, Esquire - I.D. No. 12248 By: / / Time: AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION DEFENDANT(S) HAWLEY L SUTF1N ELONDA H. SUTFIN SERVE HAWLEY I. SUTFIN AT 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 CUMBERLAND coUNTY PJT No. 04-1531-CIVIL ACCT. g03060374i 1 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to ~~ ~,,.)~?~t'~ ,Defendant, onthe_ .dayof ~O~1~_,200~ at ~l ~(3 _, o'clock/~.m., at ~ ~Gfl ~L~~)C [~o ~ 0~e~_o. JA~tc-~_~., Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ ~ Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. -- Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. -- an officer of said Defendant(s)'s company. Other: Description: Age _~'- Height_~ . Weight 30f~ Race ~_Sex~ Other -~- bein dui sworn according to law, depose and state that I personally handed ~xq ,~J ~'~_~]']-P(3 , a competent adult, g Y ....... :~ ;~,ed in th ~tioned case on the date and at _ _.~ ..... ~ co,,v of the Notice ~! xner~- q ,~a,~ ,,.~ [,._~ I the address indicated above. [ [,l~d J~'~l:~', Nota~ pul~o S worn to and subfi~cr, jbe d / ~'~'O~ssiOa F.~i,Ss O ul~ 23...'~. ~ before me ~ ray ~mr,~~ this /:~rda '~ ~ ' ~:: ~- NOT SERVED o'clock __.fa., Defendant NOT FOUND because: ,200__, at _~ On tha _ . day of _ Moved . Unknown_ No Answer . Vacant 2ad Attempt: 1"t Attempt: / / .._Time: : - / / Time: : 3rd 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 ~rm~ cotrg~r oF co~ON F~.~AS OF CU~~ VS. HAWLEY I. SUTFIN ELONDA H. SUTFIN AFFIDAVIT OF SERVICE pURSUANT TO RULE 3129 NO. 04~, ) SS: COMMONWEALTH OF pENNSYLVANIA ) cOUNTY OF CUMBERLAND I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on ~ true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, - -'~" "A" attached hereto. and anY known interested party see lzxmmt DATE:~ FRANK FEDERM , Attorney for Plaintiff os ~^ $ 01.200 ooo,~oo~77 ~,¥2,~ ~oo,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mtg Corp is the grantee the same having been sold to said grantee on the 8th day of ~Sel)t A.D., 2004, under and by virtue of a writ Execution issued on the 21st day of May, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, .2004 Number 1.531, at the suit ofGMAC Mtg Corp against Hawley L Sutfin & Elonda H is duly recorded in Sheriff's Deed Book No. ~65, Page 2354. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~) day of ~t~~ , A.D2004 GMAC Mortgage Corporation VS Hawley I. Sutfin and Elonda H. Sutfin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1531 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 19, 2004 at 9:080 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Hawley I. Sutfin and Elonda H. Sutfin, by making known unto Elonda Sutfin, personally and wife of Hawley I. Sutfin, at 803 North Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 6:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Hawley I. Sutfin and Elonda H. Sutfin located at 105 Stoner Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff; who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendants, to wit: Hawley I. Sutfin and Elonda H. Sutfin, by regular mail to their last known address of 803 North Walnut Street, Mechanicsburg, PA 17055. These letters were mailed under the date of July 26, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corpomtiun of 500 Enterprise Road, Suite 150, Horsham, PA 19044-0969, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $761.20. Sheriffs Costs: Docketing $30.00 Poundage 14.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer l 0.00 Law Library .50 Prothonotary 1.00 Mileage 15.54 Levy 15.00 Surcharge 30.00 Law Journal 237.50 Patriot News 251.74 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriff's Deed 39,50 $ 761.20 Sworn and subscribed to before me This //~ day of ~ef_~_~_~ ~00~,^.~. ~ v. ~ q~ Pretthonotary R. Thomas Kline, Sheriff Real Estat,~Deputy GMAC MORTGAGE CORPORATION Plaintiff, HAWLEY I. SUTFIN ELONDA H. SUTFIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1531-CIVIL 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, 105 STONER DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAVVLEY I. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 ELONDA H. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder tqf every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address catmot 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 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 105 STONER DRIVE MECHANICSBURG, PA 17055 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. Ma,/20, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, HAWLEY I. SUTF1N ELONDA H. SUTFIN Defendant(s). TO: HAWLEY I. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 04-1531-CIVIL May 20, 2004 ELONDA H. SUTFIN 4175 MOUNTAIN VIEW ROAD, APT 106 MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at, 105 STONER DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland Comity Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $126,237.77 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 Sheriffs 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, yom:property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 m~less 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 OFF/CE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT Ci~RTAIN' pie~.',~ of par~! of~u~l sJmaR: Jn ;lie Township of Uppe~ Allen, County of Cumberland and Stnte of Pe~.sy}~a0ia, bounded ~ de~cri~l n~ follows, to '#il: BEGINN/NG ~ a point on thg W~ero I/ne of ~ Drt~ ~ ~ N~ ~ of I~ No. 76 on ~ ~cr mentio~d H~ of ~; t~ ~ t~ di~ li~ ~ Lm N~. 7~ ~ 76, N~ ~ ~ a ~nt; ~ by ~e dirking lm ~ ~ Nos. 74 ~ 75, So~ 49 ~g~, ~ m~u~ E~. 143.~ feet ~ a ~im on ~ W~ fine of S~ D~; ~e by ~e W~ li~ of Sm;er Drive, ~ ~ ~=g~ ~ ml~ ~0 s~ We~, ~ f~ m = ~, ~he pt~ of ~. BEING Lo~ No. ?§ in the Pm of Le~ of SI~C~oo~ ^crew, $~ctioa ¢, ~ic~ Plan is of reco~ ~n t~e Cm~an~ C_~Ny Re~rder'S O~c¢ in P[~n B~k 16, Page 59. BEING known and numb~c'd as 1115 Stoaer Drive, M~J~anicsburg, Pennsylvania, TITLE TO SAID.PR~M~SF-f IS VESTED IN l'Iawl~y l. S~m ~ Bon~ H. b~fi~ by ~d from ~ A. T~gen, ~e worn da~ 4fl3/)998 ~ ~ 4II3/1~, in ~ ~k 17~. ~ge 247. Tax Parcel #42-30-2108-163 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANLA) NO 04-1531 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 HAWLEY L SUTFIN ~D ELONDA H. SUTF1N (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 dispos/ng thereof; (3) If pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $126,237,77 L.L. $.50 Interest FROM 5/21/04 TO 9/8/04 (PER DIEM - $20.75) - $2,303.25 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $155.97 Other Costs Plaintiff Paid Date: MAY 21, 2004 (Seal) CURTIS R. LONG Prothonota.ry Deputy REQUESTING PARTY: Name FRANK FEDERNIAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOLrLEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 21S-563-7000 Supreme Court ID No. 12248 Real Estate Sale #36 On June I0, 2004 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 105 Stoner Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June l 0, 2004 By:-,J0 & 5m~q Real Estat4~Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corpomtinn organized and existing under the laws of the Commonwealth of Penusylvaula, with its principal office and place of bnsiness 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 Palrint-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Pan-lot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respecttvely, and all have been continuously published ever since; That the printed notice or publication wltich is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of Augnst 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 tree; 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 directurs of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Danphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#36 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 251.74 Publisher's Receipt for Advertising Cost lister of The Patriot-News and The Sunday Patrint-News, newspapers of general ledge receipt of thc aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct 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: JULY 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 E~TATE ~LE NO~ 36 Writ NO. 2004-1531 Civil GMAC Mortgage Corporation VS, Hawley I. Sutfin and Elonda H. Sutfin Atty.: Frank Federman ALL T/-L~.T CERTAIN piece or par- cel of land situate in the Township of Upper Allem County of Cumber- land and State of Pennsylvania, bounded and described as follows, to w~t: BEGINNING at a point on the Western line of Stoner Drive at the Northeast comer of Lot No, 76 on the hereinafter mentioned Plan of Lots: thence by the dividing line between Lot Nos. 75 and 76, North 49 degrees 09 minutes West, 135- .72 feet to a point: thence North 40 degrees 51 minutes East, 79.68 feet to a point: thence by the ridding line between Lot Nos. 74 and 7.5 /3isa Marie Coyhe, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland My Commission Expires March 5, 2005