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HomeMy WebLinkAbout01-7070#7531 MARTHA E. VON ROSENSTIEL, MARTHA E. VON ROSENSTIEL, 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID # 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff vs. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendant(s) ESQUIRE P.C. Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No:OI--?O?O CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO 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 by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le ban demandado a usted en la cone. Si usted quiem defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la nofificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede contmuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiem que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 7 ! 7-249-3166 800-990-9108 MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C. 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendant(s) Attorney for Plaintiff : COURT OF COMMON PLEAS : Cumberland COUNTY : : : Case No: O[--~O : : : : : : CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is GMAC Mortgage Corporation, a corporation organized and existing under state law, with offices for the conduct of business at 500 Enterprise Road, Horsham, PA 19044- 0963. 2. Defendant, Joan Appleton-Costanza is the mortgagor and real owner of premises 53 Honeysuckle Drive, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to PHH US Mortgage Corporation on August 21, 1995, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1278, page 673, secured on premises 53 Honeysuckle Drive, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. The mortgage has since been assigned to the plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 1, 2000 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: $125,586.32 Principal Balance Interest from 05/01/00 to 12/14/01 At $26.24 per diem Accrued late charges to 09/18/00 Late charges from 09/30/00 to 11/30/01 At $46.74 per month $ 701.10 Accrued Escrow deficit to 09/18/00 $ 212.76 Monthly escrow deposits from 10/01/00 To 12/01/01 at $255.38 per month $ 3,319.94 Monthly Inspections from 06/01/00 To 12/01/01 at $15.00 per month $ 270.00 Attorney's Fee $ 6,200.00 Title Information Certificate $ 350.00 Photostats and Postage $ 45.00 $ 15,560.32 $ 186.84 Notarizations $ 10.00 TOTAL $157,742.28 9. Plaintiff sent to defendant, mortgagor and real owner a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired. W~EREFORE, plaintiff demands judgment for $157,742.28, plus per diem interest at $26.24 from 12/15/01 to the date of judgment plus monthly late charges of $46.74 from 12/30/01 to the date of judgment plus monthly escrow deposits of $255.38 from 01/01/02 to the date of judgment plus monthly inspection costs of $15.00 from 01/01/02 to the date of judgment and foreclosure and sale of the mortgaged premises plus costs thereon. VERIFICATION I verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are tree and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities. Title: Default Specialist Dated: DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, (erroneously referred to in prior deed as Dauphin County) Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wyrmewood West Development Company, as prepared by Ganett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page III, and more particularly bounded and described as follows, to wit: BEGINNING at a point on the right-of-way line of Honeysuckle Drive at the dividing line between Lots Nos. 167 and 168 as shown on the aforementioned Subdivision Plan; thence along said right- of-way line of Honeysuckle Drive by a curve to the left having a radius of 175.00 feet, an arc distance of 59.50 feet with a chord bearing North 52 degrees 18 minutes 24 seconds East, a distance of 159.11 feet to a point at the dividing line between Lots Nos. 168 and 169; thence along same South 47 degrees 39 minutes 2 seconds East 151.40 feet to a point; thence South 25 degrees 16 minutes 2 seconds West a distance of 63.36 feet to a point at the dividing line between Lots Nos. 168 and 154; thence along same South 79 degrees 20 minutes 46 seconds West, a distance of 60.77 feet to a point at the dividing line between Lots Nos. 168, 154 and 167; thence along the dividing line between Lots Nos. 168 and 167 North 28 degrees 10 minutes 12 seconds West, a distance of 152.17 feet to a point, the place of beginning. BEING Lot No. 168 on tl~e aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company. CONTAINING 14,159 square feet, more or.less. - UNDER AND SUBJECT to setback lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. Tax Parcel # 38-22-0144-118 ~ BANKRUPTCY COURT'OR UNITED STATES TIIE MIDDLE DISTRICT OF PENNSYLVANIA Frank J. Costanza Joan Appleton Costanza Debtors GMAC Mortgage Corporation Vo Movant Frank J. Costanza Joan Appleton Costanza and Charles J. Dehart, Ill, Esquire (Trustee) Respondents AND NOW, this Bk. No. 01-01564 RJW Chapter No. 13 11 U.S.C. day of ORDEk~ ~C.~C ,2001, upon consideration of the Motion for Relief and Motion for Default of Movant, GMAC Mortgage Corporation, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 53 Honeysuckle Drive, Silver Springs, PA 17055, to allow the Movunt to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1278, Page 673, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. Robert J. Woodside, Bankruptcy Judge cc' Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Frank J. Costanza Joan Appleton Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17050 James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050 Charles J. Dehart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 -2-/ SHERIFF'S RETURN - CASE NO: 2001-07070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS COSTANZA JOAN APPLETON REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon COSTANZA JOAN APPLETON the law, DEFENDANT , at 102 FRANKLIN SQUARE at 2049:00 HOURS, on the 20th day 'of December 2001 by handing to MECHANICSBURG, PA 17055 FORE JOAN APPLETON COSTANZA a true and attested copy of COMPLAINT - MORT NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this ~ day of ~. ~l~ A.D. ; ~rothon~h~ry ' ~ J So Answers: R. Thomas Kline 12/26/2001 MARTHA VON ROSENSTIEL By: ,/~.~?Puty Sheriff #7531-SF Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term PRAECIPE TO THE PROTHONOTARY: Enter judgment in the stun of $160,976.52 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I hereby certify that the correct addresses ofplaintiffand defendants are as follows: Plaimiff: 500 Emerprise Road Horsham, PA 19044-0963 Defendants: 53 Honeysuckle Drive Mechanicsburg, PA 17055 Martha E Von Rosenstml/ aintiff' ' Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Tem~ ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 12/15/01 to 03/12/02 at $26.24 per diem Additional late charges from 12/30/01 to 02/28/02 at $46.74 per month Additional escrow deposit 01/01/02 to 03/01/02 at $255.38 per month Additional monthly inspections from 01/01/02 to 03/01/02 at $15.00 per month Total assessment $157,742.28 $ 2,282.88 $ 140.22 $ 766.14 $ 45.00 AND NOW, to wit, this /~'~ay of ~ ¢~'~, 2002, damages are assessed as above. Pro P~'othy ~ - (~ 12/14/2881 11:15 MARTHA UON ROSENSTIEL LAW OFFICE a 12156821948 N0.549 ~02 #7531 Martha E. Von Roscnstiel, P.C, Martha E. Von Roscnstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation Plaintiff VS. Joan Appleton-Costanza Defendant(s) Attorney for Plaintiff COURT O1~ COMMON PLI~AS Cumbexland COUNTY No: O/- 7370 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ~)~'~ : "~/{ ~{.~ ~j~/J ~ , (~esen~five of ~o se~ccr ~ ~e Pl~tiff, being duly ~om ~c~&~g td law d~oses md says ~at ~e def~dmt(s) is/~e not ~ ~e ~lit~ er Naval S~ice oft~ U~ted S~s or i~ Allies, or o~se ~ ~ provisions of~e ~d S~lo~' Ci~l ~elief Act of Con~ess of 19a0, aa ~d~; That Joan Apple~on-Costanza is over 21 years of age and resides at 53 Honeysucldc Drive, Mechardcsbarg, PA 17055. This verification is made subject to the penalties of a8 Pa,C.S. §4904 relating to unswom falsification to authorities. For~losure Specialist Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants Attomey for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was made on the defendants on January 18, 2002, as evidenced by the attached postal receipts. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~M~ o~E ~oVr°P~a~t~l'~squir~e DATED: March 11, 2002 #7531 SF Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff GMAC Mortgage Corporation Plaintiff VS. Joan Appleton-Costanza Defendant : COURT OF COMMON PLEAS : Cumberland COUNTY : : : : Case No: ~/- 702~- ClVI~ : : : : TO: Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Date of Notice: January 18, 2002 ' IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APP~CE 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 TARE THIS NOTICE TO A LAMER AT ONCE. IF YOU DO NOT FOLLOWING OFFICR ~ ~?)~-m ~ --'%; GET LEGAL HELP: Affix fee hem in stamps U.S-P0STA[ S~VlC~ CERTIFICATE OF MAILING ! or meter postage and MAY BE USED FOR DOMESTtC AND INTERNATIONAL MAIL. DOES NOT I post msrk. Inquire of ~AT[ON ~ PflOVIDE FOR INSURANCE--POSTMASTER ~ Postmaster for current / 16 S. LANSDOWNE AVE. x<",~ '"4 ~ w -,~ ,o / P. 0. BOX 457 /oT~,,~ "<?~ "': ' ~-"/~v3d ~ "~'"' / ~o~ ~,~o~ cos~m~ ~ u~J-"l ~ u~l.l~ / sa ~-~soc~ ~zw ~ o,b,~' ~ ,om =~ ~nrm RR17 Ms,. 1989 '~'{::::: ~ ~ II PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC Mortgage Corporation NO. 01-7070-Civil Term Joan Appleton-Costanza Praecipe for Writ of Execution TO THEPROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 03012/02 to SALE DATE At $26.24 per diem $160,976.52 (Costs to be added) Ay E. Von Rosenstiel for Plaintiff DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, (erroneously referred to in prior deed as Dauphin County) Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company, as prepared by Ganett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page III, and more particularly bounded and described as follows, to wit: BEGINNING at a point on the right-of-way line of Honeysuckle Drive at the dividing line between Lots Nos. 167 and 168 as shown on the aforementioned Subdivision Plan; thence along said right- of-way line of Honeysuckle Drive by a curve to the left having a radius of 175.00 feet, an arc distance of 59.50 feet with a chord bearing North 52 degrees 18 minutes 24 seconds East, a distance of 159.11 feet to a point at the dividing line between Lots Nos. 168 and 169; thence along same South 47 degrees 39 minutes 2 seconds East 151.40 feet to a point; thence South 25 degrees 16 minutes 2 seconds West a distance of 63.36 feet to a point at the dividing line between Lots Nos. 168 and 154; thence along same South 79 degrees 20 minutes 46 seconds West, a distance of 60.77 feet to a point at the dividing line between Lots Nos. 168, 154 and 167; thence along the dividing line between Lots Nos. 168 and 167 North 28 degrees 10 minutes 12 seconds West, a distance of 152.17 feet to a point, the place of beginning. BEING Lot No. 168 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company. CONTAINING 14,159 square feet, more or less. UNDER AND SUBJECT to setback lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. Tax Parcel # 38-22-0144-118 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff GMAC Mortgage Corporation 500 Enterprise Road Horsham PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DELAWARE : SS MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praeeipe for the Writ of Execution was filed the following information concerning the real property located at 53 Honeysuckle Drive, Mechanicsburg, PA 17055. 1. Name and address of owners(s) or reputed owner(s) Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Ford Consumer Finance Co., Inc. 11311 Comell Park Dr., Ste. 300 Cincinnati, OH 45242 Ford Consumer Finance Co., Inc. 3220 Tillman Dr., Ste. 101 Bensalem, PA 19020 Commerce Bank NA 100 Senate Ave. P.O. Box 8599 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Dept. of Public Welfare 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. Section 4904 relating to nnsworn falsification to authorities.  on Rosenstiel tomey for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623 -2660 FAX(610)623-2745 March 11, 2002 TO: Ford Consumer Finance Co., Inc. 11311 Cornell Park Dr., Ste. 300 Cincinnati, OH 45242 NOTICE OF SALE OF REAL PROPERTY: 53 Honeysuckle Drive Mechanicsburg, PA 17055 Amount of Judgment: $160,976.52 Date of Judgment: March 12, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docke~ 01-7070-Civil Term Plaintiff: GMAC Mortgage Corporation Defendants: Joan Appleton-Costanza Dear Sir/Madam: Please be advised that the property and residential dwelling, located at and known as 53 Honeysuckle Drive Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on June 5, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Joan Appleton-Costanza. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriffno later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. Sincerely yo~s, / osenstiel MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623-2660 FAX(610)623-2745 March 11, 2002 TO: Ford Consumer Finance Co., Inc. 3220 Tillman Dr., Ste. 101 Bensalem, PA 19020 NOTICE OF SALE OF REAL PROPERTY: 53 Honeysuckle Drive Mechanicsburg, PA 17055 Amount of Judgment: $160,976.52 Date of Judgment: March 12, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docketg 01-7070-Civil Term Plaintiff: GMAC Mortgage Corporation Defendants: Joan Appleton-Costanza Dear Sir/Madam: Please be advised that the property and residential dwelling, located at and known as 53 Honeysuckle Drive Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on June 5, 2002 at 10:00 a.m. in the Cumberland Cotmty Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Joan Appleton-Costanza. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. Martha E. Von Rosenstiel MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623-2660 FAX(610)623-2745 March 11, 2002 TO: Commerce Bank NA 100 Senate Ave. P.O. Box 8599 Camp Hill, PA 17011 NOTICE OF SALE OF REAL PROPERTY: 53 Honeysuckle Drive Mechanicsburg, PA 17055 Amount of Judgment: $160,976.52 Date of Judgment: March 12, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docke~ 01-7070-Civil Term Plaintiff: GMAC Mortgage Corporation Defendants: Joan Appleton-Costanza Dear Sir/Madam: Please be advised that the property and residential dwelling, located at and known as 53 Honeysuckle Drive Mechanicsburg, PA 17055 will be sold by the Sheriffof Cumberland County on June 5, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Joan Appleton-Costanza. A schedule of distribution will be filed by the Sheriffon a date specified by the Sheriffno later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. Sincerely yours, C~nstiel MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623-2660 FAX(610)623-2745 March 11, 2002 TO: Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY: 53 Honeysuckle Drive Mechanicsburg, PA 17055 Amount of Judgment: $160,976.52 Date of Judgment: March 12, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docket~ 01-7070-Civil Term Plaintiff: GMAC Mortgage Corporation Defendants: Joan Appleton-Costanza Dear Sir/Madam: Please be advised that the property and residential dwelling, located at and known as 53 Honeysuckle Drive Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on June 5, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Joan Appleton-Costanza. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. Sincerely yours, onRosenstiel PHONE(610)623-2660 MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 March 11, 2002 FAX(610)623-2745 TO: Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 NOTICE OF SALE OF REAL PROPERTY: 53 Honeysuckle Drive Mechanicsburg, PA 17055 Amount of Judgment: $160,976.52 Date of Judgment: March 12, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docketg 01-7070-Civil Term Plaintiff: GMAC Mortgage Corporation Defendants: Joan Appleton-Costanza Dear Sir/Madam: Please be advised that the property and residential dwelling, located at and known as 53 Honeysuckle Drive Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on June 5, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Joan Appleton-Costanza. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriffno later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. a E. Von Rosenstiel Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff VS. Joan APPleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Your house and/or real estate at 53 Honeysuckle Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on June 5, 2002 at 10:00 a.m. to enforce the court judgment of $160,976.52 obtained by GMAC Mortgage Corporation against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 610 623-2660. 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 contact 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 lY THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610 623-2660. 2. You may be a'b'le to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the 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 610 623-2660. 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 a 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 on a date to be announced by the Sheriff. 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) day's after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house 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. COURT ADMINISTRATOR 4TM FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone: 717 240-6200 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court heating to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: Signature THIS CEAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180 to 3183 and Rule 3257 GMAC Mortgage Corporation VS. Joan Appleton-Coztanza IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7070-Civil Term Term, 20 .... E.D. No. Term, 20~_ _ _ A.D. WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: County of : TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically describe property below): PREMISES: 53 Honeysuckle Drive Mechanicsburg, PA 17055 as endorsed. Amount Due $160,976.52 Interest from 03/13/02 to Sale Date ~ $26.24 per diem $ Attorney's fees $. Costs $. Total $. Dated (SEAL) By: Prothonotary, Common Pleas Court of Cumberland County, Penna. Deputy DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, (erroneously referred to in prior deed as Dauphin County) Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company, as prepared by Ganett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page III, and more particularly bounded and described as follows, to wit: BEGINNING at a point on the right-of-way line of Honeysuckle Drive at the dividing line between Lots Nos. 167 and 168 as shown on the aforementioned Subdivision Plan; thence along said right- of-way line of Honeysuckle Drive by a curve to the left having a radius of 175.00 feet, an arc distance of 59.50 feet with a chord bearing North 52 degrees 18 minutes 24 seconds East, a distance of 159.11 feet to a point at the dividing line between Lots Nos. 168 and 169; thence along same South 47 degrees 39 minutes 2 seconds East 151.40 feet to a point; thence South 25 degrees 16 minutes 2 ~seconds West a distance of 63.36 feet to a point at the dividing line between Lots Nos. 168 and 154; thence along same South 79 degrees 20 minutes 46 seconds West, a distance of 60.77 feet to a point at the dividing line between Lots Nos. 168, 154 and 167; thence along the dividing line between Lots Nos. 168 and 167 North 28 degrees 10 minutes 12 seconds West, a distance of 152.17 feet to a point, the place of beginning. BEING Lot No. 168 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company. CONTAINING 14,159 square feet, more or less. UNDER AND SUBJECT to setback lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. Tax Parcel # 38-22-0144-118 #7531-SF Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rule 3129.1, in the above matter was made on the defendants via certified mail, return receipt requested and by regular first class mail (unless otherwise stated) and on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: 1. Name and address of owners(s) or reputed owner(s) Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address o£the last recorded holder of every mortgage of record: Ford Consumer Finance Co., Inc. 11311 Comell Park Dr., Ste. 300 Cincinnati, OH 45242 Ford Consumer Finance Co., Inc.e' 3220 Tillman Dr., Ste. 101 Bensalem, PA 19020 Commerce Bank NA ~/~ 100 Senate Ave. P.O. Box 8599 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: 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: Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Dept. of Public Welfare 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. Section 4904 relating to unswom falsification to authorities. Marth E ~ PS Form 38~7 1989 OFFICIA · Coml~lete Itsms 1, 2, and 3. AJso COmplete · Item 4 If Restricted Delivery Is desired. · Print your name and address on the re~;~so' so that we can return the card to you. · Attach this card to. tbs back qfthe mallpleca, or on the front If space pannits. 1. Article Ad~,~<~.j to: JOAN APPLETON 53 HONEY~ MECHANICSBURG, 17055 2. Article Number C. Date of Dellveq/ D. ladelivefyaddmssdMef~ltmmiteml? i-lyes ff YES, enter del'w.~ s~T ~ r~ No #7531-SF Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants Attomey for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term SUPPLEMENTAL AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DELAWARE SS MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rule 3129.1, in the above matter was made on the defendants via certified mail, return receipt requested and by regular first class mail (unless otherwise stated) and on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: 1. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 2. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Silver Spring Township Authority,/ 6415 Carlisle Pike Mechanicsburg, PA 17055 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~ to unsworn falsification to authorities. Attorney for Plainti/ Martha E._Von_ R. os.~stiel For Ac, countable M~II 7..5-._~/~ 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 SherifFs Deed in which Alan Ball & Kevin Craig is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 7070, at the suit ofGMAC Mtg Corp against Joan Appleton-Costanza is duly recorded in Sheriff's Deed Book No. 252, Page 4132. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 2 4 day of ~Yo//~"A.D. 20~.2'~ Recorder of Deeds GMAC Mortgage Corporation VS Joan Appleton-Costanza In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7070 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 8~ 2002 at 10:10 o'clock AM, EDST, he served a true copy of the within R~eal Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joan Appleton-Costanza, by making known unto Joan Appleton-Costanza personally, at 102 Franklin Square, Mechanicshurg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2002 at 10:34 o'clock A.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joan Appleton-Costanza located at 53 Honeysuckle Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Joan Appleton-Costanza, by regular mail to her last known address of 102 Franklin Square, Mechanicsburg, PA 17055. This letter was mailed under the date of April 15, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $132,500.00 to Alan Ball and Kevin Craig. It being the highest bid and best price received for the same, Alan Ball and Kevin Craig of 6101 Westover Drive, Mechanicsburg, PA 17055, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $138,895.50. Sheriff's Costs: Docketing $30.00 Poundage 2650.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 12.42 Certified Mail 1.86 Levy 15.00 Surcharge 20.00 Legal Search 200.00 Law Journal 381.65 Patriot News 270.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $3732.68 Sworn and subscribed to before me So Answers: This 2o ~'~day of 2002 A.D. ~ lQ '~td&4~2ff~ R. Thomas Klinb, Sheriff l~rdth°n°tary Real Estate 'Deputy 5o.~ WRIT OF EXECUTION and/or ATTACHMENT : COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From JOAN APPLETON-COSTANZA, 53 HONEYSUCKLE DRIVE, MECHANICSBURG, PA 17055 (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: NO 01-7070 Civil CIVIL ACTION - LAW 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 $160,976.52 L.L. $.50 Interest FROM 3/12/02 TO SALE DATE AT $26.24 PER DIEM Atty's Comm % Arty Paid $105.85 Plaintiff Paid Date: MARCH 12, 2002 REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: ! 6 SOUTH LANSDOWNE AVENUE P.O.BOX 457 LANSDOWNE, PA 19050 Attorney for: PLAINTIFF Telephone: 610-623-2660 Supreme Court ID No. 52634 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division Real Estate Sale #55 On March 15, 2002 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA known and numbered as 53 Honeysuckle Drive, Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2002 By: Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 55 Date Filed: July 5, 2002 Writ No. 2001-7070 Civil Term GMAC Mortgage Corporation VS Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Sale Date: Buyer: Bid Price: June 5, 2002 Alan Ball and Kevin Craig $132,500.00 Real Debt: $160,976.52 Interest: 2,230.40 Attorney Costs: 105.85 Total: $163,312.77 DISTRIBUTION Receipts: Cash on account (3/15/02): Cash on account (6/05/02): Cash on account (6/07/02): $ 1,000.00 13,250.00 125,645.50 Total Receipts: $139,895.50 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WiLL BE EXCEPTED 1N THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 55 Held Wednesday, June 5, 2002 Date: June 5, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Frank J. Costanza, married person, by deed dated August 21, 1995 and recorded August 25, 1995 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 127, Page 164, granted and conveyed to Joan Appleton Costanza, married person. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. Rights or claims of parties in possession, if any, other than the owner. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. Payment of State and local Real Estate Transfer Taxes, if required. Public and private rights in the roadbed of Honeysuckle Drive. Conditions, easements and restrictions shown on or set forth on the Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company, recorded in Plan Book 49, Page 111. Building and use conditions and restrictions set forth in the Declaration of Wynnewood West Deveopment Company recorded in Miscellaneous Record Book 308, 260. Page 9. 10. 11. 12. 13. 14. 15. Rights granted to West Shore TV Cable by instrument recorded in Miscellaneous Record Book 271, Page 741. Rights granted to Sammons Communications by instrument recorded in Miscellaneous Record Book 314, Page 268. Rights granted to Pennsylvania Power & Light Company and the Tell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 317, Page 124. Mortgage in the amount of $132,000 given by Joan Appleton-Costanza to PHH US Mortgage Corp. dated August 21, 1995 recorded August 25, 1995 in the Office of the Recorder of Deeds in Mortgage Book 1278 Page 673. Said mortgage was assigned to Capstead Inc. by assignment recorded January 2, 1997 in Miscellaneous Record Book 543, Page 624. Then assigned to GMAC Mortgage Corp. by assignment recorded February 16, 1999 in Miscellaneous Record Book 616, Page 1061. Complaint in mortgage foreclosure filed by GMAC Mortgage Corp. as Plaintiff against Joan Appleton-Costanza as Defendant on December 17, 2001 in the office of the Prothonotary of Cumberland County to File No.01-7070. Default judgment entered March 12, 2002 in the amount of $160,976.52. Chapter 13 Bankruptcy File # 0 l-01564 RJW. Mortgage in the amount of $25,775 given by Joan Appleton-Costanza to Premier Bank dated December 28, 1995 recorded January 11, 1996 in Mortgage Book 1298, Pag. e 1186. Said Mortgage was assigned to Eastern Mortgage Service, Inc. by assignement recorded December 28, 1995 in Miscellaneous Record Book 511, Page 986. Then assigned to Monogram Home Equity Corp. by assignment recorded March 27, 1996 in Miscellaneous Record Book 522, Page 126. Then assigned to Ford Consumer Finance Co., Inc. by assignment recorded October 23, 1996 in Miscellaneous Record Book 545, Page 253. Mortgage in the amount of $11,618.08 given by Joan Appleton Costanza and Frank Costanza to Ford Consumer Finance Company, Inc. dated April 12, 1997 recorded April 16, 1997 in the Office of the Recorder of Deeds in Mortgage Book 1375, Page 585. Mortgage in the amount of $25,000 given by Joan Appleton Costanza and Frank J. Costanza to Commerce Bank/Harrisburg N.A., dated October 9, 1998 and recorded October 22, 1998 in the Office of the Recorder of Deeds in Mortgage Book 1491, Page 102. Complaint in mortgage foreclosure filed by Commerce Bank/Harrisburg N.A. as Plaintiff against Frank J. Costanza and Joan Appleton Costanza as Defendants on March 2, 2001 in the office of the Prothonotary of Cumberland County to File No. 01-1209. No judgment entered. Certified copy of lien in the amount of $108.14 entered by the Pennsylvania Bureau of Compliance as Plaintiff against Joan A. Costanza, address 53 Honeysuckle Drive, as Defendant on January 3, 2001 in the Office of the Prothonotary of Cumberland County to file No 01-56~ 16. Municipal lien in the amount of $1,325.39 entered by Silver Springs Township Authority as Plaintiff against Joan Appleton Costanza as Defendant on August 2, 2001 in the office of the Prothonotary of Cumberland County to File No. 01-4643. 17. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 18. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 19. Satisfactory evidence to be produced that Jean Ann Costanza, Joan Appleton Costanza, Joan Appleton Constanza, Joan Appleton-Costanza and Joan Appleton Jones are one in the same person or that Frank J. Costanza and Jean Ann Costanza were divorced prior to August 21, 1995 and that Frank J. Costanza subsequent to August 21, 1995 married Joan Appleton Costanza and which marriage has not been terminated. 20. Real estate taxes accruing on and after July 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. REAL F-~TATE 8ka. LE NO, 55 Writ No. 2001-7070 Civil GMAC Mortgage Corporation Joan Appleto~ :- Atty.: Martha E. Von Hosenstiel DESCRIPTION.~ .' ALL THAT CERTAIN piece or par- ~eolv~of' !.and situate In Sl/ver Spring uw~,srnp, Cumberland County, [~-. roneously referred to In prior.deed as DauphIn County) Pennsylvania, as set forth on a Final Subdivision Plan for Mu/berry CrossIng, Section 47 CUMBERLAND LAW JOURNAL Three, Wynnewood West Develop- ment Company, as prepared by Ganett Fleming Civil EngIneers, Inc., and recorded in the Recorder of Deeds Office of Cumberland Coun- ty, Pennsylvania, in Plan Book 49, Page IlL and more particularly bounded and described as follows, BEGINNING at a point on the ' right-of-way line of Honeysuckle Drive at the dividing line between Lots Nos. 167 and 168 as shown on the aforementioned Subdivision Plan; thence along said right-of-way line of Honeysuckle Drive by a curve to the lef/having a radius of 175.00 feet, an arc distance of 59.50 feet with a chord bearing North 52 de- grees 18 minutes 24 seconds East, a distance of 159.11 feet to a poInt at the dividing line between Lots Nos. 168 and 169; thence along same South 47 degrees 39 minutes 2 seconds East 151.40 feet to a point: thence South 25 degrees i6 minutes 2 seconds West a distance of 63.36 feet to a poInt at the divid- Ing line between Lots Nos. 168 and 154; thence along same South 79 degrees 20 minutes 46 seconds West. a distance of 60.77 feet to a point at the dividing line between Lots Nos. 168, 154 and 167; thence klong the dividing line between Lots Nos. 168 and 167 North 28 degrees 10 minutes 12 seconds West, a dis- tance of 152.17 feet to a point, the place ~of beginning. BEING Lot No. 168 on the afore- mentioned Final Subdivision Plan for Mulberry Crossing. Section Three, Wyrlnewood West Develop- ment Company. CONTAINING 14.159 square feet, UNDER AND SUBJECT to set- back hnes, easements and condl- 48 tions as shown on the aforemen- tioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wyrme- wood West Development Company that Is recorded in Cumberland County Miscellaneous Book 308. Page 260. Tax Parcel #38-22-0144-118. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham PA 19044-0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DELAWARE : SS MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 53 Honeysuckle Drive, Mechanicsburg, PA 17055. 1. Name and address of owners(s) or reputed owner(s) Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Ford Consumer Finance Co., Inc. 11311 Cornell Park Dr., Ste. 300 Cincinnati, OH 45242 Ford Consumer Finance Co., Inc. 3220 Tillman Dr., Ste. 101 Bensalem, PA 19020 Commerce Bank NA 100 Senate Ave. P.O. Box 8599 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Dept. of Public Welfare 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. Section 4904 relating to unsworn falsification to authorities. ~. rtha E Von Rosenstiel ~ Attorney for Plaintiff Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044~0963 Plaintiff VS. Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 01-7070-Civil Term THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joan Appleton-Costanza 53 Honeysuckle Drive Mechanicsburg, PA 17055 Your house and/or real estate at 53 Honeysuckle Drive, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on June 5, 2002 at 10:00 a.m. to enforce the court judgment of $160,976.52 obtained by GMAC Mortgage CorporatiOn against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 610 623-2660. 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 contact 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 II~ THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610 623-2660. 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 the 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 610 623-2660. 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 a right to remain in the property until the full mount 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 on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the Schedule of Distribution is posted. 7. You may also have (~ther rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II~ 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. COURT ADMINISTRATOR 4TM FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone: 717 240-6200 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court heating to determine the exemption. Notice of the heating should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180 to 3183 and Rule 3257 GMAC Mortgage Corporation VS. Joan Appleton47oztanza IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7070-Civil Term No. Term, 20 .... E.D. Term, 20-_ _ _ A.D. WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: County of : TO THE SHERIFF OF CUMBEKLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically describe property below): PREMISES: 53 Honeysuckle Drive Mechanicsburg, PA 17055 as endorsed. Amount Due $160,976.52 Interest from 03/13/02 to Sale Date ~ $26.24 per diem $ Attorney's fees $. Costs $ Total $ Dated (SEAL) Prothonotary, Common Pleas Court of Cumberland County, Penna. By: Deputy DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, (erroneously referred to in prior deed as Dauphin County) Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company, as prepared by Ganett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page III, and more particularly bounded and described as follows, to wit: BEGINNING at a point on the right-of-way line of Honeysuckle Drive ar the dividing line between Lots Nos. 167 and 168 as shown on the aforementioned Subdivision Plan; thence along said right- of-way line of Honeysuckle Drive by a curve to the lef~ having a radius of 175.00 feet, an arc distance of 59.50 feet with a chord bearing North 52 degrees 18 minutes 24 seconds East, a distance of 159.11 feet to a point at the dividing line between Lots Nos. 168 and 169; thence along same South 47 degrees 39 minutes 2 seconds East 151.40 feet to a point; thence South 25 degrees 16 minutes 2'seconds West a distance of 63.36 feet to a point at the dividing line between Lots Nos. 168 and 154; thence along same South 79 degrees 20 minutes 46 seconds West, a distance of 60.77 feet to a point at the dividing line between Lots Nos. 168, 154 and 167; thence along the dividing line between Lots Nos. 168 and 167 North 28 degrees 10 minutes 12 seconds West, a distance of 152.17 feet to a point, the place of beginning. BEING Lot No. 168 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company. CONTAINING 14,159 square feet, more or less. UNDER AND SUBJECT to setback lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wyrmewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. Tax Parcel # 38-22-0144-118 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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, p~ace and character of publication are true; and S A L E #55 REAL F.~'A]~ 8ALE N~ E~ Wdt No,~l That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. J Te~ L. Russell, Noa~ Publ~ ' ~ J / ~ ~ [ Hamsburg, Dauphin C~n~ J NOTARY PUBLIC L My Commission Expires June 6, ~2 ~ ~ commission expires June 6, 2002 M~r, Penns~ania As~at~n of ~S CUMBER~ND ~UN~ SHERIFFS OFFICE CUMBERED C~ COU~USE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 268.80 Probating same Notary Fee(s) $ .75 1 Total $ 270.55 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The und Patriot-News, newspapers of general receipt of the aforesaid not,ce and publication costs and ceflifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, 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: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO, 55 Writ No. 2001 7070 Civil GMAC Mortgage Corporation VS. Joan Appleton Constanza Atty.: Martba E. Von Rosenstiel DESCRIPTION ALL THAT CERTAIN piece or par eel of land situate in Silver Spring Township, Cumberland County, (er- roneously referred to in prior deed as Dauphin County) Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Develop- ment Company, as prepared by Ganett Flemh~g Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland Coun tx, Pennsylvania, in Plan Book 49, Page III, and more particularly bounded and described as follows, SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 ] LOiS E.