Loading...
HomeMy WebLinkAbout04-2894 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 04 -:my C'uLLL~ CUMBERLAND COUNTY v. PAUL D. WILSON, JR 2141 NEWVILLE ROAD CARLISLE, PA 17013 MARGARET A WILSON NKJA PEGGY A. WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990.9108 File #: 94583 File #: 94583 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044.()969 2. The name(s) and last known addressees) ofthe Defendant(s) are: PAUL D. WILSON, JR 2141 NEWVILLE ROAD CARLISLE, P A 17013 MARGARET A. WILSON AfKJAPEGGY A. WILSON 2141 NEWVILLE ROAD CARLISLE, P A 17013 TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/26/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1273, Page 1184. By Assignment of Mortgage recorded 9/18/2000 the mortgage was assigned to PLAlNTIFF which Assignment is recorded in Assignment of Mortgage Book No. 654, Page 1104. 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 01101/2004 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 #; 94583 6. The following amounts are due on the mortgage: Principal Balance Interest 12/0112003 through 06/22/2004 (Per Diem $20.61) Attorney's Fees Cumulative Late Charges 07/26/1995 to 06/22/2004 Cost of Suit and Title Search Subtotal $94,052.26 4,225.05 1,250.00 195.06 $ 550.00 $ 100,272.37 Escrow Credit Deficit Subtotal -1,660.24 0.00 $- 1,66024 TOTAL $ 98,612.13 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 98,612.13, together with interest from 06/22/2004 at the rate of$20.61 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. FED:',!~~ PHEJ:4N7~4-'_ By: /:';;,::O:S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94583 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland with improvements thereon erected, situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan as set forth in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 55, Page 87. BEGINNING at a P.K. nail in the centerline ofPA Route 641 at corner of Lot No.2, lands now or formerly of Douglas M. McCartney, et ux; thence along lands now or formerly of the said McCartney and along the Western edge of the west gable of a stone house, North 08 degrees 17 minutes 31 seconds west 68.71 feet to a point; thence continuing along Lot No.2, North 09 degrees 04 minutes 31 second west, 67.19 fee't to an iron pin; thence still along same, North 0 I degrees 38 minutes 53 seconds East, 183.98 feet to an iron pin; thence along the Pennsylvania, Turnpike Commission, South 83 degrees 29 minutes 44 seconds East, 444.14 feet to an iron pin; thence along Lot No.4 on said Plan, South 04 degrees 06 minutes 40 seconds East, 24552 feet to a point in the centerline of P A Route 641; thence along the centerline of said PA Route 641, South 87 degrees 01 minute 35 seconds West, 444.26 feet to a P.K nail, the Place of BEGINNING. CONTAINING 2.906 acres and designated as the remainder of Lot No.3 on Plan for Stanley and Sherry Adams. UNDER AND SUBJECT to the rights ofthe owners of the adjacent Lot No.2 to share with the Grantees herein by the use of the existing septic system and drain field which presently serves the herein conveyed house and the adjoining house. Each representative owner shall be responsible to maintain the line from their respective residence to the septic tank. All Costs of maintaining, repairing or replacing the septic tank and drain field shall be shared on an equal basis by the owners of Lot no. 2 and Lot no. 3. BEING the same premises which Stanley K. Adams and Sherry L. Adams, husband and wife, by Deed dated November 25,1991, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 'K', Volume 35, Page 259, granted and conveyed unto Donna Mullins, Grantor herein. AND the said Grantor hereby covenants and agrees that she will warrant specially the properly hereby conveyed. IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day and year first above written. Being Known As: 214 I Newville Road File #: 94583 VERIFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. q-~ ~.'. 7~lt~_ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: r;/7---'2./po..f (Q. -p (:.) CI'l ~'i0 C/l - ~ D- b () -u :5 ~ P- o (> ~ '---L... ~._., " , .' . r:) '.'. 8 SHERIFF'S RETURN - REGULAR CASE NO: 2004-02894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZEIDERS TERRY W the DEFENDANT at 1608:00 HOURS, on the 28th day of June 2004 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 by handing to PAUL D WILSON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~(<"/ t" :CI.,:-" .': ~,.., R. Thomas Kline 06/30/2004 FEDERMAN & Sworn and Subscribed to before By: 'HE~ I~ Deputy Sheriff u- me this 1- day of :).1, dUlJ'f A.D. C) 0. - --- JfA I. ' )v,L.P;,.. -' #- Prothonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILSON MARGARET A AKA PEGGY A WILSON the DEFENDANT at 1608:00 HOURS, on the 28th day of June , 2004 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 by handing to PAUL D WILSON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r:r;;r::,,?~~,,"( //'~~(::;.P R. Thomas Kline 06/30/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~/~ Deputy Sheriff me this 1 ~ day of ~c ~~ A.D. ~'1rot2n~~~~'J ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the WILSON PAUL D JR DEFENDANT , at 1608:00 HOURS, on the 28th day of June , 2004 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 by handing to PAUL D WILSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.83 .00 10.00 .00 32.83 r~~~ , R. Thomas Kline 06/30/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN L&- , Deputy Sherlff - me this .... 1- day of A.D. ,~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2894 PAULD. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PAUL D. WILSON, JR., MARGARET A. WILSON and TERRY W. ZEIDERS. 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 Interest from 6/23104 to 8/5/04 TOTAL $98,612.13 $906.84 $99,518.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~1lf\. ~ ~ ttiJ\ l\i f\J'l.. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~.&, ~ /S/~. ,e~ PRO PROTHY ~ ~, r::"' ,-',:.:' '-. ~ ::; .: ,. ~ FEDERI\1AN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id, No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (? 11) 11i1-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PAULD. WILSON,JR MARGARET A WILSON AlKfA PEGGY A WILSON TERRY W. ZEIDERS Defendants : NO. 04-2894 CIV[L TO: TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE. PA 17013 DATE OF NOTICE: ,JlJI.Y 20, 2004 F" "'''''''''py '...... VV 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.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTENWT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLA[MS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 tJ~!L~~~Ji LAWRENCE 1. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., rd. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 i) i~1-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PAUL D. WILSON, JR MARGARET A WILSON NKJA PEGGY A WILSON : NO. 04-2894 CIVIL TERRY W. ZEIDERS Defendants TO: MARGARET A. WILSON A/KJA PEGGY A. WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 Fl' ,.. ""py ,.... vV DATE OF NOTICE: .ITiT,Y 20, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLEcr 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 PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THlS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THlS 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 LA WYER. IF YOU CANNOT AFFORD TO HlRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOClA nON 32 SOUTH BEDFORD STREET CARLISLE, PAl 7013 (800)990-9108 'honK 1J1i~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71)) \6"\-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORA nON Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PAUL D. WILSON, JR MARGARET A. WILSON NKIA PEGGY A WILSON : NO. 04-2894 CIVIL TERRY W. ZEIDERS Defendants F" "'''^'''y ,...... 'wi 'wi I TO: PAULD. WILSON,JR 2141 NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: .nrLV 20, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL l' BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A WDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNfY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~~El~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ZEIDERS TERRY W was served upon the DEFENDANT at 1608:00 HOURS, on the 28th day of June 2004 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 PAUL D WILSON, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: ~ ~~ .-s~~#: <3~' l'" c"f.,. ",'.j.:j R. Thomas Kline 06/30/2004 FEDERMAN & PHEL~ .~ Deputy s/;riff By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-02894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILSON MARGARET A AKA PEGGY A WILSON the DEFENDANT , at 1608:00 HOURS, on the 28th day of June , 2004 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 by handing to PAUL D WILSON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~oL~-../.,. ..,. ~-,;F,p"~?_d; " _.<-<0:<'_"''''._ R. Thomas Kline rff-~~ ..f"" ,,_4;:~~;~.".;t,f~ 06/30/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~/~ Deputy Sheriff me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILSON PAUL D JR the DEFENDANT at 1608:00 HOURS, on the 28th day of June 2004 at 2141 NEWVILLE ROAD- CARLISLE, PA 17013 by handing to PAUL D WILSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.83 .00 10.00 .00 32.83 (2/ /.-;; r:-';ff~.P2'-<'j;f~e~~ R. Thomas Kline day of 06/30/2004 FEDERMAN & PHELAN BY:_ ~ L~ __ Deputy Sherlff - Sworn and Subscribed to before me this A.D. Prothonotary ~-, ""---, ,-j ~ T. ~ ~ '." 1 (.<', ;t... ~ h. ,.~ .,. '\ ., , ~. ...... -- '- ~ ~. '<:,. ~ r'-;- C.-; .t: ~ ~ \J ~ C) PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 04-2894 PAULD. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $99,518.97 Interest from 8/5/04 to DECEMBER 8, 2004 (per diem -$16.36) $2,045.00 and Costs TOTAL $101,563.97 ~rv A>...IfJNOA~ FRANK'F~~~~IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. 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. "''''''' ............... 000 r-r-r- .......... ..... <<< ~~~ ..,< rJ' ~ -- oz ...l"'''' oo...l...l 00< Z Z ~~~ <~ 0 0 ::3... ... ... u55 ~ E-o ~oo .z ~ zZ u ~~ 0 ~~~ ~'O;' ~~ . ~ oo~ -d ....l ,.. ,..S " ~ . Z"'~ .., ~ ~~~ 1: 0'" o~'" " u~ u 00<'" oC:: ,..,..,.. en ~ ,;, E-o ~ ...l...l...l " == N ~ ..,~ > ~E-o:i ;~ ...l...l...l 00 ......... ~ E-oU ~S~ ~~ ~~~ S ~~ !2 ~ eo en ...llJ o~ ,..,..,.. ... 8~ " 0 ~~,.. zzz ~ .., <:> ............... u~ ~ ~~E-o ,..~ ~~~ 0- U ~'-' .......... ..... " ,..,.. ............ ... ... ~ =i:Q ~ U E-o~ ~ Oi ~ en =s~ -d " " ~ U - .~ "" r.t.< < ALL THAT CERTAIN lllICt of 1and with lmprovelnems lI1ereon ereaed, ,1_ in West PellUSboro Towosbip, Cumberland CoulIIy, Pelmsylvlllli:a, bOllllded and describe(! ill accordanc:e with a Plan as set torlb in tlJe OffICe of (be Jt<<:Qrder of Deeds of Cll1Ilberland County, Pen.asylvllllia. iD Plan Book 35, Page 81. BEGINNING at a P. K. oaiI in the centerline of P A Route 641 at comer of Lot No.2, lands now or formerly of Doualas M. McCa.ttbey, Cl ux: tlJe_llioag lands !lOW or foo:nctly of tlJe said McCartney and along tlJe WClJIlml edge of tlJe West gable of a SlOne house, Nol'tll 08 degI:ces 17 minutes 31 seconds West, 68.71 feet 10 a point; l.heoc:e COlltinuing along Lot No.2, North 09 degrees 04 minules 3lllec:Ond. West, 67.19 feet to 111 iron pin; Ihence still along same. NortI1 01 degree 38 minutes 53 seconds BasI, 183.98 feet to lIIllrOO pin; tIIeoce along the Pennsylvania 1'unqIIke CommIssion, South 83 degret$ 29 minules 44 seconds East. 444.14 feel to an iron pin; thence along Lot No. '" on said Plan. Sou1h 04 degrees 06 mlnulell40 seccnds East, 243.32 feet to a palM in !be CiCIIlCdine of PA Route 641; thence along tlJe ccoterline "fsaid PA Route 641, South 87 degtetls 01 miuute 35 seconds West, 444.26 feet to a P.I<. nail, tlJe place of begioniDg. CONTAINING 2.906 acres and designaled as the remaluder of Lot No.3 on Plan for Stanley and Sherry Adams, UNDER AND SUBJECT to the rigbto of die ow""", of tile adjacetlt l.ol No. 2 to sbare with the Grantees l1erein by the lIIle of the existllllJ septl<: system llIld drain field whicII preselllly serves the berein conveyc:d hOWle and tile adjoining hoose. &ch repre"'lllalive owner sblIII be responsibte to rn.inlB\n tbe line from their respective residt\Doe to the septlc laale. All costs of maintaining, repairing or replacing lbe septic lal\I: llIld drain field sIIml be shared 00 lIII equar basis by the owners of l.ol No.2 and Lot No.3. T1T1.P. TO SAID PREMISES IS V~'lJFD IN Paul D. Wtl$on, Jr. and Margm:t A. Wilaoo, husband and wife, as to an undivided onHtaIf interest as tenants by tbe entirety and Terry W. Zcidelll, single persoo, as to tile remaillitlg undivided one-baIf interest by Deed from Donoa Mullins, siJIgle person dalecl7l2611m lIIId r<<ordecl 7/28/1995 in Deed Boot 125, Page 868. TAX PARCEL #07-0477-042 '- i.J'. <;:') ~ 10 ~~ p~ - .J;:: c-- l;j 9v -c-, ~ ~. ~ ~~~\\36 ~'0'-.)C::\) i" f ~ {' ( .. ~ ~ W lJ a- , \ [j ~ -'l, , , , ~ .~ ~~ ". '" ~ ~ '<\ t; \1\. \> ~ Q) \.... (,.., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2004-2894 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION 500 ENTERPRISE RD., SillTE 150 HORSHAM, P A 19044-0969 Plaintiff (s) From PAUL D. WILSON, JR., MARGARET A. WILSON, TERRY W. ZEIDERS (I) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$99,518.97 L.L.$.50 Interest FROM 8/5/04 TO DECEMBER 8, 2004 (PER DIEM- $16.36) Atty's Comm % Due Prothy $1.00 Arty Paid $146.83 Other Costs Plaintiff Paid $2,045.00 AND COSTS Date: AUGUST 6, 2004 CURTIS R. LONG (Seal) Prothonotary By: ~~ r>>.k, 95 Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PffiLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ......if.........._ day Of..~..........., d?<<?'sr- _.H.....H.~....rp~~~~.... FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2894 PAUL D. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL D. WILSON, JR., is over 18 years of age and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013. (c) that defendant TERRY W. ZEIDERS is over 18 years of age, and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013. (d) that defendant MARGARET A. WILSON is over 18 years of age, and resides at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --.JIl ()J\ ~>>J) Jf'LOJ'l FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r" C._,) C.: FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIllLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION PAUL D. WILSON, JR., MARGARET A. WILSON TERRY W. ZEIDERS NO. 04-2894 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .Jl OSLR~ ~ J\'l1ln\.. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (~:-) , GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS PAULD. WILSON, JR., MARGARET A. WILSON TERRY W. ZEIDERS CIVIL DIVISION NO. 04-2894 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL D. WILSON, JR. 2141 NEWVILLE ROAD CARLISLE, PA 17013 TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, P A 17013 MARGARET A. WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIPLEY ENERGY COMPANY 550 E. KING STREET YORK, PA 17405 4. Name and address of last recorded holder of every mortgage of record; Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CIT GROUP/ CONSUMER FINANCE, INC. 8000 SAGEMORE DRIVE, SUITE 8202 MARL TON, NJ 08053 ASSOCIATES CONSUMER DISCOUNT COMPANY 5080 C JONESTOWN ROAD HARRISBURG, PA 17112 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2141 NEWVILLE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealtb of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 5, 2004 DATE --Jt rt~ ~))srtQfL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (:r', (-~, c' GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-2894 PAUL D. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS Defendant(s). August 5, 2004 TO: PAUL D. WILSON, JR., 2141 NEWVILLE ROAD CARLISLE, P A 17013 MARGARET A. WILSON 2141 NEWVILLE ROAD CARLISLE, P A 17013 TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $99,518.97 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: J. 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 ifthe 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lllICt of Iud wiIIllmprovemelltS dIereon em:tcd, siluatll in West PellllSboro ToWDSllip, Cu.mberland COWlIy, PeJmsylvaoia, bO!lllded lIJl(I described In accordalll:e wilb a Plan lIS set forth in the OffICe of !be R(l(:Qfder of Deeds of Cumberlllllll Cowtty, PellllSYlvllllla. ill Plan Boole 55. l'Jge 87. BEGINNING at a P,K. DIll in the celUel:line of fA RoUUl 641 at comer DC Lot No. 2,Iands now or formerly of Oouglall M. McCartocy, CI Ul; lhCIIeC aIoog laIlds now or fOl'mel'ly of the said MCCartney lIJl(I along !he Wealem edge of the West gable of 8 slllne bo\Ise, Nortlt 08 dellJ= 17 minlJles 31 sec.ondJ Welt, 63.71 feet to 8 point; IbeDCe' COIItinulng along Lot No.2, North 09 dcgnles 04 minutes 31 seconds West, 67.19 feel to an iron pin; ~ slut aJoDlJame. North 01 degree :l8 minutes 53 seconds BasI, 183.98 feel to an !roo pin; tIIence aIoog the Penusylvanill TumpIlre COOIlIIlBskm. Soutb 83 degrees 29 minutes 44 seconds Easl, 444.14 feet to an iron pin; thence along Lot No. " on said Plan, Soutb 04 dep'ees 06 milIutes 40 seconds East. 24S.52 feel 10 a pollllln the -'iDe of PA Route 641; thence along thec:cnledine ofsaid PA Rowe 641. Sootlt3? degrees 01 minute 35 sellOods West. 444.26 {eet to a P ,k. nall. the place of ~. CONTAINING 2.906 acres and doaignmd as the remalnder DC Lot No.3 t)Il Plan fur Sllmley and Sherry Adsmll. UNDER AND SUBJECT to the ri3bIs of the owners of tile !W,jacellr Lot No. 2 to soo", wilh the Grlulrees berein by the U9C of the exifdog septlc symm and drain field w/Uclt prcseot1y,erves Ihe bereiIl conveyed b~e and the acljo/JIilIg 1Iouse. flacb repre8eDlative OWlICf sIIalI be responsible to ",.in..lD tIJe line !tom their aupc:c:live resideace to the septlc tank. All costs of maimaiPing, repairing or replacing rhe septic t.aDlc mut drain tiek181tal1 be shated on an equal ba.si8 by lhe owners of Lot No.2 and Lor No.3. TITl.~ TO SAID PREMISES IS Vr;.c:Tf.O TN Paul D. Wilson. Jr. and Margam A. Wilson. husband and wife, lIlllo an Ulldivided one-baIf inrerest as tellllJltS by tile ent1re(y and TellY W. Zeiders, single persoo, as to tile J'MI'llning undlvided ~baIf lIIIerest by Deed from I)()rma MuUiIIs, single peI'SOI1daled 7/261199S aDd r<<.orded 712811995 iu Deed Book 125, Pllge 868. TAX PARCEL #01-0417-042 r'.l .,\ ,....\ ,(^) ''':-\ G Request for Military Status Page I of 1 Department of Defense Manpower Data Center _ Military Status Report . Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status WILSON Currently not on Active Military Duty, based on the Social Security Number and last name provided. AUG-05-200408:52:58 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches of the Military. ~W~Cl.-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk@osd.p~!!t!!gQ!!cmil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.milludpdri/owalsscra.prc_Select 8/5/2004 Ci\ C:".: c::;. ; , AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PJT PLAINJ'IFF DEFENDANT(S) GMAC MORTGAGE CORPORATION No. 04-2894 PAUL D. WILSON, JR., MARGARET A. WILSON TERRY W. ZEIDERS ACCT. #0306818161 SERVE PAUL D. WILSON, JR. AT 2141 NEWVILLE ROAD CARLISLE, PA 17013 Type of Action _ Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 SERVED Served and made known to f3.UI..- b, UJI t..Sa-.) 0R. , Defendant, on the, at 1.'11$ ,o'clockf.m.,at 214\ NEWVILLE R~ I !'Aj(LI~IE 2 tV ~ day of Se,fJ ,2001, f4 J7~13 , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant( s) reside( s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: ~ Age 56 Height~' Weight:z315 Race LJH{1l: Sex ~ Other I, -;:;:;;;"'111' U, <;;r. GY>,,( , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice 0 riffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. .---- ;::.::;-:~:. Sworn to and s,;bscnd'bed UIlaJ. JIITlpllf, No1ary f'Ltlfi<; before me thlS~ day C8lIIIlIIlao,Cl..-1jCoonly of c:..p jJJ. , 200!:! Mra........,ElqJiIw~Zl._ Notary:dY~ J~,- ~ PLEASE ATTE~PT ~RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at Moved Unknown No Answer 1 st Attempt: / / Time: 3rd Attempt: / / Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt:_ / / Time: Sworn to and subscribed before me this _ day of , 200 _' N olary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 _l!'i '..'!~,', "..it.J~ 1 '/~"~Jl'.vl'll>:.t .\ ;'/11 n\:.lf!.,t,.~~r.,..; (.~ ;;.; "jl...,:r~~,,'" ;.,,~','tr.t.-, l..'Mi ..,.....;.1. ",::.;V: ~"', ,~"'I'~'1 ,.--:;:~... ~-:;d ., c:' (".) 0') AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY PJT DEFENDANT(S) No. 04-2894 PAUL D. WILSON, JR., MARGARET A. WILSON TERRY W. ZEIDERS ACCT. #0306818161 SERVE TERRY W. ZEIDERS AT 2141 NEWVILLE ROAD CARLISLE, P A 17013 Type of Action .. Notice of SheriWs Sale Sale Date: DECEMBER 8, 2004 servedandnmdeknowntoJt~r~ ~~~:\~:V~efendant,onthe ?,Uh day of ,200.'1:, at /: /,12f ,o'clockf.m., at 2/ 'II NOUV'LLC RD LAfl.LtSL1;., C4 17013 , Commonwealth of Pennsylvania, in the nmnner described betow: Se(> _Dgendant personally served. \ ..........-Adult famity member with whom Defendant(s) reside(s). Name and Retationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. V Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business'. an officer of said Defendant(s)'s company. Other: Description: Age~ Height~ Weight~ Racet-JHI7C Sexl't+u:- Other I, --;;';;;",ruf' ~ ~Cp/ . a competent adult, being duty sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicate above. ~~ - --- Sworn to and subscribed NolanaI SeoI before me this _ day .~_ 2 .......J.~.NoIeIyPlt1lc of , 00_. c.w.Boro.~Qxny Notary: ~,,,,,,,,,Expn,oJUyZl.2008 PLEASE ATTEMPT SERVICE AT L~'1si1"T~MES. IN&'l~~": DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the ___ day of ,200--,-, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: I 1 Time: 2nd Attempt:_ 1 1 Time: 3rd Attempt: 1 I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman. Esquire -1.0. No. 12248 ,_...-".""~'- tt.~),~ ,; ....'\oJOt' ">:.\1./1 V1li!oiA t11-Jf1\lll. \, t'J).f- I ''lira!':'',? h:' ..~,.r1':.;",-::",a~~.,,'\ .1 t.f: ;;';'> wt:'J" ;~~ ,.,,~ rt,;a.a.rr'u.:.~~.,.( -~'~i1~;;'''~:,~''''' . ~;:.; ".i!.z;::;':~,,"';~.....,i., , r-,..) c::::) <.~...J ...,t;;- c-:/ 0') AFFIDAVIT OF SERVICE , PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY PJT No. 04-2894 DEFENDANT(S) PAUL D. WILSON, JR., MARGARET A. WILSON TERRY W. ZEIDERS ACCT. #0306818161 SERVE MARGARET A. WILSON AT 2141 NEWVILLE ROAD CARLISLE, PA 17013 Type of Action .. Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 f/.anyv('+ J4 LJ,Sf!~'fP!-- ServedandmadeknowntolAot-. 0" ::J'L~"::;; , Defendant, on the 2^'1> at 1:1l~ ,o'clockf.m.,at 21L/1 /lJEWVILu;; \2;;::, C'ARLlSU:: J,.oAJ7~L3 day of ,~y~ ,200~, l Conunonwealth of Pennsylvania, in the manner described below: Defendant personally served. Y Adult family member with whom Defendant(s) reside(s). Name and Relationship is JIv.se~b Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height ~ Weight 1.3Q Race wm. Sex ~ Other I, --;';:;m,,'" ~ ..57 & ,a competent adutt, being duly sworn according to taw, depose and state that I personally handed a true and correct copy of the Notice of Sheri s Sale in th manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~; I. I?,~ . -~ Sworn to and subscribed lildaJ. J\rnpIf. NoI8IY PUJllc before me this d!2d day C8IIIlt BolO, CIJtDItIard County of Se /J.. ,20011' I MyQ.....IIe8IonEJq:lleBJdy 23. 2006 Notary: ?;fdn.-{jz~~- ._."'.'-........01- PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 ,t Attempt: 1 / Time: 2nd Attempt:, / 1 Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 . 'x; -. ."l'4\""'~ '~,,'..,"~ ',"; ,\-r>" '\;\ 1 ''':,'n:: ' "'.~ . 'J '_li' " ;',." ~'_.'; 'li.'"'...\'4':;' .., I,,~ ,lo); ~~. . ,",;o, "; Tili"~W;"-"':; 'f.J ".,.",:.,,-)- ~- ";;~'I"'Wt;::;:-;;1h~~';:~ '1'1 .. ,'.~') '::::1 :~::l o -n c:.' -':"; C) IN THE COURT OF COMMON PLEAS OF CUMBERLANIJI COUNTY, PENNSYL VANIA GMAC MORTGAGE CORPORATION ) CIVIL ACTION ) vs. PAUL D. WILSON, JR., MARGARET A. WILSON ) CIVIL DIVISION TERRY W. ZEIDERS ) NO. 04-2894 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GlVlAC MORTGAGE CORPORATION hereby verify that on 9/8/04 true and conect copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22. 2004 "1 fibf)l ~iftnta/l FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ::9."" " 0 g ~ ~z u;'~ <><:T 0." Ol'" '< 8, rJ> !l !t ~"" ~ ~ ~'Z ~~ .",,, o ... ~~ 0"" St>' " " " Sl L-- - i~ sa ~ '" ~~ .", " ... ~ ~ o ..... ~ " " 5: ~ L- :>:J""''''- 8~~if~ ~o ~ (D' ri ro. f2;J~8~ -"S,:;1- ~~~g!t a. ~. 5' n 0; rJ> S ;;(. g. iil ~ag,~g' 0' S' ~ ;' g, "",~80<: s-110~~ c. _. 8"" Ii g,: -g g. EA' f{J g~""tO"d ",';lg"..o l' 00"0 j:l.. S. ....."Eig(l 8 jii';: ~ ~ -< ~:i ii ::I 9till,," ~o,,",,::: . :5 ii' 5 g- ~. i ~ ~ ~ ~. m g. '!S. g ~ ~ ~sao. (l _. '" 5' 0.R-?:::<> ~. 11 ~ ~ :- _. g. g. '" -<' n S a -g e; - ~'<~@ ~~ ~~. .gg8~ g. tT1 ,:;1 0. [~~ ~. S' ~ g.:: - '" ,,~ ~ ~ 5' if " -.'" ~ II i ~ x W65~r ~ g- ~. 9 g~~[ PEi (tI 0('0 g.5!.g g ?::: ~ p ",. ~5~~ - ~~.~l ::I (i" ib [ ~ ~ I ...... VI - '-- L-- '"d ~ ~ ~ l' (/) ~~ p:l I ...... ~ I-~II : I I ...... I.;.) I I I ...... N :::10 I I I - =i1 o>~ l' N ...... S' ""o.~ (1) ooo.a - g ~ fe o."'~ )> fe '" = :+ .., 0. o' CD Z r:: 3 C" CD .., ::;j >- (/) ...., ~ (/) ::r: ztTl () 0 CZl ~ 0 0 8 g ~ >- ~ a::: :; ><: ~ ~ tTl ~ ~ tTl '- ~ ~ @ 8 ~d~ !.'! 1:1 · ()t3~~ ~5:~ ~~8~ ::r:~~ ~(/)~~~ ~~~ ?:l -a! ~ '"d CZl ~ >- ~ tTl 8 ~ ...... z ~ 0 ~~~ ~z()~ L.O~~ (/)~~ ~@~~~~i ~ ~ ~ ~ ! ~ ~ ~ ~ ~ ~ ~ f(;~ 00 ~~ Ii:: ~ ~ CJ 0 ><: e m ~ ~()O~ ~~...... oo~Sd 01.;.) G; Z '"d '"d '"rj Z o m >-I::l~ ~ ~ ~ ~ ~ ~ ~ CZl ?:l f;1 ~ ~ ~ I ~ ~ ,~~ ~ i ~(/) .~~ to . l"'" S2 () ~.~ ~ ~ Z '"d CZl en '-< >- to l' ~ ::i I ~ ~tTl o ::: CJ ~ VI N ..... I.;.) '"d ...... I I >- Z I I I ~ I ~ I II'" .....""'os 'y~? ~_'~. ,9~ ~ ~ I~/ \~, .. " . ' : ~ ~:~:;y"""W . ,'1 / \~ I , "'< _" .. .~.~;:.~~ I .1iii' - ~ o'~ 0 ~i J: 377 $ 0 "i'''8'~~~mn~b)l "'.'LEL' <"~ " 'CG co. !'---~ I . ..\jrt:! 7fD ........ 2,.[-"/1 I I"" CODE ,,;;' WJlJ'" \0 0\ VI ~ I.;.) 00 --..j I I I I - Z .. g o ..... > 0. 0. ., : ~ 'i:i-O"T1 [~::ItT1 ~ -.J (0 t:1 ~ 0< ~ ~tT1 J~~ 'i:i~::S ~gfi~ ~~~~ o~~'i:i y.>toO"::I: ;;;8a.~ ~~~~ ~ e; \/p ttp..S-~ .., ~. t"'"' :-<1Zl8'i:i >-l g. ;;l (0 ~ ~ fe 0 .., 0 o c ~:..,... -'orLi r-l!:. :,~ '.. ::~~. (' (/.1- ..: -,' ~~~ ~ -( r--:> = <:;;:) or- 2r-:: o ....-:: N \.D o -n -l ffi:n r Jr~T1 c.) , --I . :r: -,1 (:? C"i .:- ITI (J -I ,.,. c:n =-< -0 :-.:iC CJ1 ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f) lj - ,J.''i q <j }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certi y that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grante on the Paul D Wilson Jr. Margaret A Wilson & Terrv W Zeiders day of 8th A.D., 20Dec, under and b virtue of a writ Execution issued on the 04 day of 6th, A.D., 20August, out of the Court of Common leas of said County as of Civil Term, 04 Number 2004, at the suit of2894 against GMAC Mtg Corp i duly recorded in Sheriffs Deed Book No. 266, Page 4164. IN TESTIMONY WHEREOF, I have hereunto s t my hand -;./l and seal of said office this J. day of Record r of Deeds . CIltIIII.I'A . c1Jan.llllOI 0' GMAC Mortgage Corporation VS Paul D. Wilson, Jr., Marget A. Wilson And Terry W. Zeiders In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2894 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 31, 2004 at 10:54 o'clock AM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Paul D. Wilson, Jr., Margaret A. Wilson and Terry W. Zeiders, by making known unto Tammy Seward, adult daughter of Paul and Margar t Wilson and adult niece of Terry W. Zeiders, at 2141 Newville Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2004 at 3:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paul D. Wilson, jr., Margaret A. Wilson and Terry W. Zeiders located at 21 Newville Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Paul D. Wilson, Jr., Margaret A. Wilson and Terry W. Zeiders, by regular mail to their last known address of2141 Newville Road, Carlisle, PA 17013. These letters were mailed under the date of October 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 08, 2004 at 10:00 o'clock A.M. He sold the same or the sum of$J.OO to Attorney Frank Federman for Fannie Mae. It being the highest bi and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, P A 19103, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $1 ,004.89, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 19.70 15.00 15.00 30.00 10.00 .50 Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.00 8.88 15.00 40.00 377.00 347.89 30.42 25.00 39.50 $ 1,004.89 Sworn and subscribed to before me This3uC daYOf~d .''} , 2005, A.D. ~ (2/'vr..,1t4... , ~ rothonotary So Answers: ~~~~~ R. Thomas Kline, Sheriff BY J G~,S Mit~ Real Esta eputy 2d av .C> (;1) ), 1 I ).J t~L..'-j'l," ~ /S''!tJO Y , GMAC MORTGAGE CORPORATION , CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. PAULD. WILSON,JR., MARGARET A. WILSON TERRY W. ZEIDERS CIVIL DIVISION NO. 04-2894 Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attomey, FRA FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was lied the following information concerning the real property located at 2141 NEWVILLE ROAD C ISLE PA 17013. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL D. WILSON, JR. 2141 NEWVILLE ROAD CARLISLE, PA 17013 TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, PA 17013 MARGARET A. WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIPLEY ENERGY COMPANY 550 E. KING STREET YORK, PA 17405 4. Name and address of last recorded holder of every mortgage of record: Name 1 Last Known Address (if address cannot e reasonably ascertained, please indicate) THE CIT GROUPI CONSUMER FINANCE, INC. 8000 SAGEMORE DRIVE, SUITE 8 2 MARLTON, NJ 08053 ASSOCIATES CONSUMER DISCOUNT COMPANY 5080 C JONESTOWN ROAD HARRISBURG, PA 17112 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and ose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any nterest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2141 NEWVILLE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my pers al knowledge or information and belief. I understand that false statements herein are made subject t the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 5. 2004 DATE ~~~01))\T'\QJL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .. , 1 GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-2894 PAULD. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS Defendant(s). August 5, 2004 TO: PAUL D. WILSON, JR., 2141 NEWVILLE ROAD CARLISLE, P A 17013 MARGARET A. WILSON 2141 NEWVILLE ROAD CARLISLE, PA 17013 TERRY W. ZEID RS 2141 NEWVILLE OAD CARLISLE, PAl 13 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANYlNFORMA TON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARG IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRU D TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. *' Your house (real estate) at, 2141 NEWVILLE ROAD, CARLISLE, PA 17013, is sch duled to be sold at the Sheriff's Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$99 5 8.97 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the ev nt the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Ru 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TmS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late ch rges, costs and reasonable attorney's fees due. To find out how much you must pay, yo may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or 0 en 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. . r You may need an attorney to assert your rights. The sooner you contact one, the m e chance you will have of stopping the sale. (See notice on page two on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTH R RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidde 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 gros Iy inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in t find out if this has happened, you may call (717) 240-6390. 5. You have the right to remain in the property until the full amount due is paid to the and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings you. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the 0 property as if the sale never happened. 6. You may be entitled to a share of the money which was paid for your house. Asche ule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the s Ie. This schedule will state who will be receiving that money. The money will be paid out in accordanc with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with e 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, ify u act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. HAVE ED IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not b 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . , ALL THAT CERTAIN lllICt of 1aIId with lmprovemelltS tIlereon erected, llituate in Weill PeIlos TowDShip, Cumberland Counly, PcDmylVania, bounded and desctlbed in ao:ootance with a Plan as forth in !be Oft"", of the Rewnler of Deeds of Cumberland COUllty, Pel1llSi'lvania. in Plan Book. S . Page 81. BEGINNING at a P.K. nail in the centerline of PA ROIlle 641 at oonwr of Lot No. 2,lands now formerly <If Douglas M. McCanbey, eI ux; thence a!ollg lllllds now or formerly or the said McCartne and along the Western edge of the West gable of a stone house, North OS degJee:IJ7 minutes 3 secood8 Wen, 68.71 feet to 8 point; thence wntiJIuing akmg Lot No.2, North C>> ~s 04 min 31 seconds West, 61.19 feet to an iron pin; lheIlce #till along same, Notlh OJ degree 38 minutes.5 seconds East, 183.98 feet ro an lrOll pin; lheace aIolIi the I'ennaytvania T\ImpIke C<mIml58lon., 83 degrees:29 minutes 44 seoonds East, 444.14 feet to an iron pin; thence slong Lot NO.4 on said Plan, S<luth 04 degJee:I 06 mlollles 40 sccoods East. 245..52 feet ro a polllllntlleUnlerliDe ofPA Route 641; thence along thecenlorline of iIlIld PA R<lUte 641. SouthS7 degrees 01 mill\ltt 35 Se<<lnds West. 444.26 feet 10 a p, K lllliI. tile place of beginning. CONTAINING 2.906 acres and designated as the lemalnder of Lot No.3 l)II Plan for Stanley and Sberry Adams. UNDER AND SUBJECT to the rigb13 of the ownen; of tl1e adjacent Lol No. 2 III share wilh the Granlees berein by the IIge of the exifting septic gySleIll and drain field whicll pr~y serves the herein conveyed house and tIJe adjoining boose. Each represenllllive ow_ sbaU be responsible 10 m.ain!Ilin the line from their respective residence to tile seplic lUk. All costs of mailll3ining, repairing or repfaciD& the septic tank and drain field sIlaI1 be shated olt llll equa1 basis by lIIe ownm of Lol No. 2 and LoI No. 3. TITLE TO SAID PRFMlSES IS VESTED IN Paul D. Wilson, Jr. and Margaret A. WiIsM. busband and wife, Ill; to an undiviOO<\ one-balf interest lIS telllUlls by the entirety and Ten:y W. Zcid=, singlti person, as to the remaining IIlldivided one-baIf lnI.erest by Dred from Donna Mullim. single person daled 712611995 and recorded 712811995 in !Xed Boot; 125, Page 868. TAX PARCBL #07-0417-042 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2004-2894 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION 500 ENTERPRISE RD., SUITE 150 HORSHAM, PA 19044-0969 Plaintiff (s) From PAUL D. WILSON. JR., MARGARET A. WILSON, TERRY W. ZEIDERS (I) 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 fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defend (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 himlher that helshe has been added as garnishee and is enjoined as above stated. Amount Due$99,518.97 L.L.$.50 Interest FROM 815/04 TO DECEMBER 8, 2004 (PER DIEM- $16.36) Atty's Carom % Due Prothy $1.00 Any Paid $146.83 Other Costs Plaintiff Paid $2,045.00 AND COSTS Date: AUGUST 6, 2004 (Seal) CURTIS R. LONG Prothonotary By: ~~ r~47. ~ Depnty REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court!D No. 12248 Real Estate Sale #26 On August 27,2004 the Sherifflevied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 2141 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 27,2004 By: ,J6~ Sv~th Real EstBe Deputy 'USH1l3d ",..".., ~ , , , ~\Jll . .",,; ~, ,,;:..4\d ~ ~ ~ REAL ESTATE SALE No. 26 Writ No. 2004-2894 ClvilTenn GMAC Mortgage Corp. Va . PaIi~D.W1lson, Jr., MargaJet A. Wilson and TIlrryW. ZeIders Atly: Frank Fedennan DESCRIPnON ALL 1lW' CERTAIN tract of land with improvemenI8 tberemt erected, situate in West Pennsboro Township, 0mlbedaDd Collllly, Pennsylvania, bomuIedand ileseribed in aceord&tee with a Plan as set forth in 1be Office of 1be Reconfer of Deeds of 0mlbedaDd County, Pennsylvania, in PI>n Book 55, Page 87. BEGlNNJNG at a P.K. nail in !be centerline of PARonte 641 at comer of Lot No. 2, lands now or formerly of Douglas M. McCartney,.et UX;.thence along. lands now 'I' fODncrty of !be said McCartney and along !be Western edge of !be West gable of a -. bouse, North 08 degrees 17 minutes 31 SWlJlds W",~ ~.71 feet to a point; thence continning along Lot No. 2, North 09 degrees 04 minnre. 31 SWlJldsWesi, 67.19 feet to an iron pin; thence still along same, North 111 . degree 38 minutes 53 SWlJlds East, 183.98 feet to an iron pin; ,thence along !be Pennsytvania ThmpiIre Commission, Somb. 83 degrees 29 minutes 44 SWlJlds East, 444.14 feet to an iron pin; thence along Lot No.4 ..said Plan, South 04 degrees 06 minutes 40 SWlJlds East, 24552 feetto a point in !be centerline ofPA Route 641; thence along !be centerline of ~ PA Route 641, ' South 87 degrees 111 minute 35 seconds West, , 444.26 feet to aP.K. ni1il !be place of BEGlNNING. CONTAlNlNG 2.906 acres and designated as the remainder of Lot No. 3 on PI>n for Stanley and Shelly Adams. '. UNDER AND SUBIECf to !be rigbts of !be OW1leIll of)he adjacent Lot No.2 to sbare with !be Glautees bmin by !be use of the existing septic system and drain field wbiclt p1<SClllly serves the herein conveyed bOllSe and the auljoining bouse. Each represemalive IlWIlOI' shall he responsible to mainl>in the line from their respective resideoce to the . septic tank. . All costs of mllinrninlng, repairing Or replacing the septic tank and drain field shall he shared on an equal basis by the 0WlleIS of Lot No.2 and Lot No.3. Tl'lLE TO SAID PREMISES is vested in Paul . D. Wilson, Jr. and Margaret A Wilson, busband and wife, as to an undivided one..half interest as tenai1ts by the tfltirety and Terry w: Zeiders, single person, as to the remaining undivided on.. half interest by Deed from Donna..MulIins, single person, dated 7/26/1995 and recorded 7/2811995 inDeedBook 125, Page 868. TAX PARCEL iIIl7-0477-042. . REAL ESTATE SALE NO. 26 Writ No. 2004-2894 Civil GMAC Mortgage Corporation vs. Paul D. Wilson. Jr.. Margaret A. Wilson and Terry W. Zeiders Atty.: Frank Fedennan ALL nlAT CERTAIN tract ofland with improvements thereon erected. situate in West Pennsboro Town- ship. Cumberland County, Pennsyl. vania, bounded and described in accordance with a Plan as set forth in the Office of the Recorder of Deeds of Cumberland County, Penn. sylvania, in Plan Book 55. Page 87. BEGINNING at a P.K. nail in the centerline of PA Route 641 at COT- ner of Lot No.2. lands now or for- merly of Douglas M. McCartney. et ux; thence along lands now or for~ merly of the said McCartney and along the Western edge of the West gable of a stone house. North 08 degrees 17 minutes 31 seconds West, 68.71 feet to a point; thence continuing along Lot No.2, North 09 degrees 04 minutes 31 seconds West, 67.19 feet to an iron pin; thence still along same, North 01 degree 38 minutes 53 seconds East, 183.98 feet to an iron pin; thence along the Pennsylvania Turnpike Commission. South 83 degrees 29 minutes 44 seconds East. 444.14 feet to an iron pin; tbence along Lot No. 4 on said Plan, South 04 de- grees 06 minutes 40 seconds East. 245.52 feet to a point in the centerline of P A Route 641: thence along the centerline of said P A Route 641, South 87 degrees 01 minute 35 seconds West, 444.26 feet to a P.K. nail, the place of beginning. CONTAlNING 2.906 acres and designated as the reminder of Lot No.3 on Plan for Stanley and Sherry Adams. UNDER AND SUBJECT to the rights of the owners of the adjacent Lot NO.2 to share with the Grant- ees herein by the use of the exist- ing septic system and drain field which presently serves the herein conveyed house and the adjoining house. Each representative owner shall be responsJble to maintain the line from their respective residence to the septic tank. All costs of main- taining, repairing. or replacing the septic tank and drain field shall be shared on an equal basis by the owners of Lot No.2 and Lot No.3. TITLE TO SAID PREMISES IS VESTED IN Paul D. Wilson. Jr. and Margaret A. Wilson, husband and w:ife, as to an undivided one-half interest as tenants by the entirety and Terry W. Zeiders, single per- son, as to the remaining undivided one~halfinterest by Deed from Don~ na MulUns, single person dated 7/ 26/1995 and recorded 7/28/1995 in Deed Book 125, Page 868. TAX PARCEL #07-0477-042,