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HomeMy WebLinkAbout09-1120kit t Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198619 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM er'vr / NO. G ? - /j k CUMBERLAND COUNTY TRACY E. WARD 429 NORTH WEST STREET CARLISLE, PA 17013-1960 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 198619 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 (717) 249-3166 File #: 198619 1. Plaintiff is GMAC MORTGAGE, LLC 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: TRACY E. WARD 429 NORTH WEST STREET CARLISLE, PA 17013-1960 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/29/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC MORTGAGE, LLC., DBA, DITECH. COM which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1976, Page 2062. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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(8); 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 11/01/2008 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. File #: 198619 6 The following amounts are due on the mortgage: Principal Balance $58,246.81 Interest $1,445.73 10/01/2008 through 02/20/2009 (Per Diem $10.11) Attorney's Fees $1,300.00 Cumulative Late Charges $54.93 11/29/2006 to 02/20/2009 Property Inspections $37.25 Cost of Suit and Title Search 750.00 Subtotal $61,834.72 Escrow Credit ($108.12) Deficit $0.00 Subtotal 108.12 TOTAL $61,726.60 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 personam 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 #: 198619 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $61,726.60, together with interest from 02/20/2009 at the rate of $10.11 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 $ ?0? By. =t ?Z *Laencee T. Phel , Esquire Francis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 199619 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by land now or formerly of Charles Shapley; on the East by an alley; on the South by land now or formerly of Henry Smallwood; and on the West by North West Street; containing 20 feet in front on North West Street and extending 100 feet in depth. BEING improved with a dwelling house known as NO. 429 North West Street, Carlisle. BEING the same premises which Clarence A. Ward by deed dated June 22, 1981, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 29L, Page 656, granted and conveyed to Charisse A. Pettit, now by reason of marriage Charisse A. Diggs. PROPERTY BEING; 429 NORTH WEST STREET PARCEL# 06-20-1798-234 File #: 198619 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 unworn falsifications to authorities. DATE: Dl Ou k7 6?'J rney for Plaintiff File #: 198619 v ? 41 °cZ rv } 71 :i 'T7 -? ?c Q,? SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-01120 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS WARD TRACY E 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 but was WARD TRACY E unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , WARD TRACY E 429 NORTH WEST STREET CARLISLE, PA 17013-1960 HOUSE IS VACANT; HOWEVER, POST OFFICE STILL DELIVERS MAIL THERE. Sheriff's Costs: So answer Docketing 18.00 Service 4.50 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 37.50 PHELAN HALLINAN & SCHMIEG 03/09/2009 Sworn and Subscribed to before me this day of A.D. .?. cT C--) T?` u.r_ig) c C\J V SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2009-01120 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS. WARD TRACY E R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT WARD TRACY E by United States Certified Mail postage prepaid, on the 9th day of March ,2009 at 0800:00 HOURS, at 1201 FURNACE ROAD LINTHICUM, MD 21090 and attested copy of the attached COMPLAINT - MORT FORE with receipt card was signed by JOE STEVENSON 03/06/2009 . Additional Comments: on Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 Cert Mail Postage 5.49 a true Together So ans - ` R. Tho as K ine Sheriff of Cumberland County Paid by PHELAN HALLINAN & SCHMIEG Sworn and Subscribed to before me this day of The returned on 03/09/2009 . A. D. iletn 4 if Ram, O*vwy Is dookW. w p* t your nonwoW ,an f w mmm so ow we eats 4mum-the end to you. • A taoh this card to V* bark of "W"ONPWO. or on Ore ftw tf apace poMft 1. ArUcM Addoesed'to: Ira C.y E. 60&-o 12,61 FU/4&p- IZ x Agent B. R d by (Pftled Name) C. Dde of DetiMy rf SIf9«. 0. Is d*vwy addt+ 1 dt iw !porn item 17 ? Yes tf YES, ender d*my ad*w below: 0 No M Z v J setvlme 700 M, o c v~ Md ? EMMS Mod r"I &- t?Nen hmvfise flow o +* E3 inaww mau 0 C.O.D. 4. Restdcted D~ (Extra Fee) ? Yes 2. ArticleNwnb 7005 1820 0002 4619 1521 cm, I PS Form 3811, February 2004 Dmmft Return ReoeV 102585.02-WI540 Gr% t,L1 ? C" 1 t t i t p W C% N f? PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT TRACY E. WARD AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SERVE TRACY E. WARD AT: 1201 FURNACE ROAD LINTHICUM, MD 21090 PHS # 198619 SERVICE TEAM/ lxh COURT TERM: COURT NO.: CIVIL-09-1120 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action '/ SERVED Served and made known to_5 r ?l(! -r/rl/? , Defendant on the -13 day of 200!V1 at 59 , o'clockf. M., at T -C QRavG ADOrLS S in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is belVgh e - Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: <y Description: Age .;:?U Height S? Weight f 30 Race Sex Other -K- 1, Vf%'gq 1144 L1,49 , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this -[I-- day of 2009. wy: Notary Al Ym Geri, bz?v My a NOT SERVED On the day of _ 200_, at because: Vacant Bad Address _ Moved No Answer Service Refused Other: Sworn to and subscribed before me this day of6 By: Notary: o'clock _. M., Defendant NOT FOUND Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF DANIEL G. SCHMIEG, RE I.D.#6.205 One Penn Center at Suburban Station 1617 john F. Kennedy Blvd., Suite 1400 Phila,.elphia, PA 19103-1814 (215) 563-7000 My Commission Expires 2/24/2010 OF THE t-",,!f,-YFARY 2009 APR -6 AM 9., 35 cuflAcZ "? r' I LVANIA, a - . 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 Plaintiff VS. TRACY E. WARD Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1120 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 4/ 1 /09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff n By: Francis S. Hallinan, Esquire PHS #: 198619 VERIFICATION Jeffrey Stephan Um*ed Slaving OMew hereby states that he/she is SU of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, 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 unworn falsification to authorities. -, DATE: 02 916' U ` Nom" Jefhey 3tephan LLlmited Signkq OMW Company: GMAC MORTGAGE, LLC Loan: 0656367354 File #: 198619 i ' . , 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 X215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. TRACY E. WARD Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1120 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy attach Verification of Plaintiff's Praecipe to Complaint was sent via first class mail to the following on the date listed below: TRACY E. WARD 429 NORTH WEST STREET CARLISLE, PA 17013-1960 Date: 4/1/09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:O ?l? Francis S. AHalEsquire EiI.ED "'r?vE OF THE P-PO j-"atnTMY 2009 APR -8 AM 11: 51 CUP y.i:. a ;;;AUNTY FEDNINISYL'v'ANIA 777,7777, 477777 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS TRACY E. WARD : CIVIL DIVISION : No. CIVIL-09-1120 .. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TRACY E. WARD, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $61,726.60 Interest - 02/21/2009 to 05/12/2009 $818.91 TOTAL $62,545.51 I hereby certify that (1) the Defendant's last known a ess is 1201 FURNACE ROAD LINTHICUM, MD 21090, and (2) that notice has been giv?fi i accordance with Rule 237.1, copy attached. / - 'Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jane R. Davey, Esquire ?Lauren R. Tabas, Esquire q33n Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: acb9 PHS # 198619 PROTHONOTAR Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. TRACY E. WARD Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-1120 VERIFICATION OF NON-MILITARY SERVICE 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TRACY E. WARD is over 18 years of age and resides at 1201 FURNACE ROAD, LINTHICUM, MD 21090. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / Lawrence T. Phelan, Esquire Francis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. TRACY E. WARD 1201 FURNACE ROAD LINTHICUM, MD 21090 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-1120 Notice is given that a Judgment in the above captioned matter has been entered . against you on ? / Y, 2609 By: If you have any questions concerning is a er please contact: wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Janine R. Davey, Esquire /Lauren R. Tabas, Esquire9 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ILA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ('215) S63-7000 GMAC MORTGAGE, LLC V. Plaintiff TRACY E. WARD Defendant(s) TO: TRACY E. WARD 1201 FURNACE ROAD LINTHICUM, MD 21090 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-1120 CUMBERLAND COUNTY i DATE OF NOTICE: April 3, 2009 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LAUREN MATTER Legal Assistant PHS # 198619 FILED-01, Rr E OF THE 1019MY IS fli I1:0J, iq. U4 tk µ 0< 717 ??td PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) . Pa.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. No. CIVIL-09-1120 TRACY E. WARD Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $62,545.51 Interest from 5/13/2009-9/2/2009 $1,177.46 (per diem -$10.42) TOTAL $63,722.97 DANIEL G. SCHMI , QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 198619 d O? mod" a ow ?a oP v? w? ?U o? U? ?w U a a d ? O V H O w? oy H c tot v a a c• a e4 a ? a na ? J r- ? +A " jin CD E ._ cy ry ? v LIJ, ; ° c 7 v .i ? v ? P o \n LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by land now or formerly of Charles Shapley; on the East by an alley; on the South by land now or formerly of Henry Smallwood; and on the West by North West Street; containing 20 feet in front on North West Street and extending 100 feet in depth. BEING improved with a dwelling house known as NO. 429 North West Street, Carlisle. TITLE TO SAID PREMISES IS VESTED IN Tracy E. Ward, single person, by Deed from Charisse A. Pettit, now by Reason of Marriage, Charisse A. Diggs, dated 12/30/2002, recorded 01/06/2003 in Book 255, Page 1093. PREMISES BEING: 429 NORTH WEST STREET, CARLISLE, PA 17013-1960 PARCEL NO. 06-20-1798-234 CONTROL # 06001154 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff, V. TRACY E. WARD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1120 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied (X ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FILED--;,-'i I`, ?;E OF THE ,' ; i .("-,VOTARY 2069 Eire' 2 2 i3 E 1 f: 0 7 `?r ge i GMAC MORTGAGE, LLC V. TRACY E. WARD Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1120 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 429 NORTH WEST STREET, CARLISLE, PA 17013-1960. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) TRACY E. WARD 1201 FURNACE ROAD LINTHICUM, MD 21090 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 None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably None ascertained, please indicate) 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 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 429 NORTH WEST STREET CARLISLE, PA 17013-1960 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 etion erein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifc to auth ties. May 21, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ??? 1i hF I`iM GMAC MORTGAGE, LLC Plaintiff, V. TRACY E. WARD Defendant(s). CUMBERLAND COUNTY No. CIVILr09-1120 May 21, 2009 TO: TRACY E. WARD 1201 FURNACE ROAD LINTHICUM, MD 21090 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 429 NORTH WEST STREET, CARLISLE, PA 17013-1960, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $62,545.51 obtained by GMAC MORTGAGE, LLC (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: 1. 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. 2. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by land now or formerly of Charles Shapley; on the East by an alley; on the South by land now or formerly of Henry Smallwood; and on the West by North West Street; containing 20 feet in front on North West Street and extending 100 feet in depth. BEING improved with a dwelling house known as NO. 429 North West Street, Carlisle. TITLE TO SAID PREMISES IS VESTED IN Tracy E. Ward, single person, by Deed from Charisse A. Pettit, now by Reason of Marriage, Charisse A. Diggs, dated 12/30/2002, recorded 01/06/2003 in Book 255, Page 1093. PREMISES BEING: 429 NORTH WEST STREET, CARLISLE, PA 17013-1960 PARCEL NO. 06-20-1798-234 CONTROL # 06001154 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-1120 GMAC MORTGAGE, LLC VS. TRACY E. WARD owners of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 429 NORTH WEST STREET CARLISLE PA 17013-1960 Parcel No. 06-20-1798-234 CONTROL # 06001154 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire F THE 2009IIAY 22 A"" 1 f • 08 r? e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1120 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From TRACY E. WARD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$62,545.51 Interest $1,177.46 Atty's Comm % Atty Paid $161.99 Plaintiff Paid Date: May 22, 2009 L.L.$.50 Due Prothy $2.00 Other Costs 1J1404 C s R. L on ry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 GMAC MORTGAGE, LLC PLAINTIFF V. TRACY E. WARD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1120 CIVIL ORDER OF COURT AND NOW, this 5th day of August, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 25, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~~ M. L. Ebert, Jr., J. /Daniel G. Schmieg, Esquire Attorney for Plaintiff ~acy E. Ward, Defendant 429 North West Street Carlisle, PA 17013-1960 r 1201 Furnace Road Linthicum, MD 21090 bas 8 ~ ~~~ f=its=f _,` :f _ ~ ;-5r~ 2~~~~ 1';U~i "t7 14~ ,.~~ C~ ,, („+ .. 1J i~ilt~~~ ~1~~~' i( 1 ~y i ~. '