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HomeMy WebLinkAbout04-4654 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 TERM C;//'L't ~~_!-J Plaintiff No,o1- If(,,,f;Y v, CUMBERLAND COUNTY PAUL A MALLIZZIO AlKJA PAUL A CLIFFORD MICHELLE R MALLIZZIO 1154 REDWOOD DRIVE, CARLISLE, P A 17013 Defendants 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 #: 92266 File #: 92266 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 EST A TE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2, The name(s) and last known addressees) of the Defendant(s) are: PAUL A MALLIZZIO AlKJA PAUL A CLIFFORD MICHELLE R. MALLIZZIO I I 54 REDWOOD DRIVE, CARLISLE, PA 17013 who islare the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 12/l8/l998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 151l, Page: 338, By Assignment of Mortgage recorded 7/l/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No, 6] 7, Page 1050, 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 0510] 12003 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 #: l:l2266 6, The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 09/15/2004 (Per Diem $18.16) Allomey's Fees Cumulative Late Charges 12/] 8/1998 to 09/15/2004 Cost of Suit and Title Search Subtotal $94,682.16 9,697,44 850,00 556,08 $ 750,00 $ 106,535,68 Escrow Credit Deficit Subtotal 0,00 1,390.14 $ 1.390.14 TOTAL $ 107,925,82 7, The allorney's fees set forth above are in confonnity 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] 983, 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 has/have 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 $ 107,925,82, together with interest from 09/15/2004 at the rate of $18.16 per diem to the date of Judgment, and other costs and charges collectib]e under the mortgage and for the foreclosure and sale of the mortgaged property, FEDERMAlll1.~!~!:~ L~ /' / / /' By Is/F7a'fF~ ~. FRANK FEDERMAN, ESQUIRE LAWRENCE T PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Allorneys for Plaintiff File #: 92266 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the northern dedicated right-of,way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos, 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said dividing line, and through the party wall dividing the double dwelling erected on said Lots Nos, 68 and 69, and beyond, North 18 degrees 22 minutes 00 seconds East. 127.436 feet to a point; thence along the lands now or formerly of the Borough of Carlisle, South 87 degrees 29 minutes 35 seconds East, 35,638 feet to a point; thence along the dividing line between Lots Nos, 68 and 69 on said Plan, South 13 degrees 22 minutes 00 seconds West, 134.150 feet to a point on the northern dedicated right-of-way line of Redwood Drive; thence along right-of-way line, North 76 degrees 38 minutes 00 seconds West, 35,00 feet to a point. the Place of BEGINNING, BEING further described as Lot No, 69 on the Subdivision Plan No.4 for Northfield, prepared by Stephen G, Fisher, KS" dated February 21, 1985, and recorded in Cumberland County Plan Book 47, Page 198, AND BEING improved with an attached dwelling house known and numbered as 1154 Redwood Drive, AND BEING the same tract of land which Lettermen, Inc" by Deed dated February 26,1987 and recorded in Cumberland County Deed Book 'M', Volume 32, Page l052, granted and conveyed to Joseph W, Fry and Joan B. Fry, Grantors herein, AND the said Grantors will warrant specially the property hereby conveyed, PROPERTY BEING: 1154 REDWOOD DRIVE File #: 92266 VERIfiCATION Robert Lelli hereby states that he/she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /~ DATE: t//1/pt.j N (:) 'kt ~ ~ 0 (~I .':h ...... tv Vc. (/. ;---! ~ c; ...:c D ~ -c::: ~ --- '" --- ~ ~ .' ;-- ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04654 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MALLIZZIO PAUL A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MALLIZZIO MICHELLE R the DEFENDANT , at 1653:00 HOURS, on the 22nd day of September, 2004 at 1154 REDWOOD DRIVE CARLISLE, PA 17013 by handing to MICHELLE R MALLIZZIO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 11 CIRCLE DRIVE CARLISLE. 1154 REDWOOD DRIVE CARLISLE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: .:.;19/ 6;"::<~--L./ /'./ i'" ~'~----f~ R. Thomas Kline 10/05/2004 FEDERMAN & Sworn and Subscribed to before me this ~ day.of 0-<~;jJ .'-1 AD By: ~~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04654 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MALLIZZIO PAUL A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MALLIZZIO MICHELLE R the DEFENDANT , at 1653:00 HOURS, on the 22nd day of September, 2004 at 11 CIRCLE DRIVE CARLISLE, PA 17013 by handing to MICHELLE R MALLIZZIO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: >~ I'h~ :f':~;,,,,"<4< f~e:~.u R. Thomas Kline Sworn and Subscribed to before . ~,'i ; "Jo ~O~" ary By: '~ - Deput~eriff 10/05/2004 FEDERMAN & SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04654 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MALLIZZIO PAUL A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MALLIZZIO PAUL A AKA PAUL A CLIFFORD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MALLIZZIO PAUL A AKA PAUL A CLIFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 1154 REDWOOD DRIVE CARLISLE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.75 5.00 10.00 .00 36.75 .? So ~;~&;::::./ ."//,, ....--,.?~.--- ( R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 10/05/2004 Sworn and subscribed to {,rfore ~e tt:is r K day of ~ Jm~.1I... M . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04654 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MALLIZZIO PAUL A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MALLIZZIO PAUL A AKA PAUL A CLIFFORD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 31.25 .00 56.25 10/05/2004 FEDERMAN & PHELAN County ~, -xJ0 @ffict of tlr~ ~4~:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Ramsburg, Pennsylvania 17101 ph: (717) 255,2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GMAC MORTGAGE CORP vs County of Dauphin MALLIZZIO PAUL A Sheriff's Return No. 6653-T - -2004 OTHER COUNTY NO. 04 4654 AND NOW:September 29, 2004 at 9:55AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon MALLIZZIO PAUL A AKA CLIFFORD PAUL A to WENDY HARTLEY-ADMIN SERVICES by personally handing 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 4201 CRUMB MILL ROAD P.O.E. HARRISBURG, PA 00000-0000 Sworn and subscribed to lefore me this 30TH day of SEPTEMBER, 2004 So Answers, J!!~ Sheriff of Dauphin County, Pa. ~~~J NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 By ~O. ~ C ;r Deputy Sheriff Sheriff's Costs:$31.25 PD 09/24/2004 RCPT NO 1998l3 FK R. THOMAS KLINE Shariff ,,\-e ot (tf.U1l1f1et ~~~ ," 4/t(j ,,"" ~ ~,. Jr.,~"",ti~.~~. ;T ,~-":~ 'S klV, ',/'i,' l ., I,Ml"" :9~'<:~, , 'i!"~"'>"1I~~1 C"J"1!'~'~~':'~,,,~ ,~ ".' , ....~...~.:..O;.~_ 1;0''-'%-~ 'l"'-~'" ',;.. .~' ',o.cl")r' RONNY R. ANDERSON Chief Deputy EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S, SMITH Real Estate Deputy One Courthouse Square Carlisle. Pennsylvania 17013 TO: Ron. Jack Lotwick Dauphin County Sheriff RE:, GMAC Mortgage Corpora tiOD VS Paul A. Malli4zio et al 04-4654 civil Dear Sir: Enclosed please fmd Notice and Canplaint in Mortgage Fbreclosure to be served upon Paul A. Mallizzio a/k/a Paul A. Clifford 4227 King George Drive Apt B Harrisburg. PA 17109 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, r~~.4' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ,Enclosures: . In The Court of Common Pleas of Cumberland County, Pennsylvania <:MAC Mortgage Corporation VS. Paul A. Mallizzio a/k/a Paul A. Clifford et al SERVE: sane No. 04-4654 civil N September 21, 2004 ow" , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~<:~ , Sheriff of Cumberland County, PA Affidavit of Service Now, ,2D_,at 0' clock M. served the within upon ~_________._________,_____ _____'__.__.____._ at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ FEDERMAN PHELAN, LLP >, By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, P A 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-4654 CIVIL TERM PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD 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 A. MALLIZZIO AlK/A PAUL A. CLIFFORD and MICHELLE R. MALLIZZIO AlK/A MICHELE R. MALLIZZIO A/K/A MICHELE R. CLIFFORD, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/15104 to 11/9104 TOTAL $107,925.82 $1,016.96 $108,942.78 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. ~G..~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff . DAMAGES ARE HEREBY ASSESSED AS INDICATED. ( ;) DATE: ,A')()L) /7 ?-oo'( (JA/J~ /). ~ X~ t PRO PROTHY ~ FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 '1) '161-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS' : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PAUL A. MALLIZZIO NKJ A PAUL A. CLIFFORD MICHELLE R. MALLIZZIO Defendants : NO. 04-4654 CIVIL TERM TO: MICHELLE R. MALLIZZIO 1154 REDWOOD DRIVE CARLISLE, P A 17013 FilE COpy DATE OF NOTICE: OCTORRR 21, 2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT TO COLLECf 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 A TIORNEY 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Fedennan, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 'i) 'ifil-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PAUL A. MALLIZZIO NKJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO Defendants : NO. 04-4654 CIVIL TERM TO: PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD 4201 CRUMS MILL ROAD HARRISBURG, PA 17112 f\LE. cur~ DATE OF NOTICE: OCTOBER 21, 2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 WRITIEN APPEARANCE. PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR OEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN I)A YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF1S RETURN - REGULAR -CASE NO: 2004-04654 P C~MMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MALLIZZIO PAUL A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, ) says, the within COMPLAINT - MORT FORE was served upon MALLIZZIO MICHELLE R the DEFENDANT , at 1653:00 HOURS, on the 22nd day of September, 2004 at 1154 REDWOOD DRIVE CARLISLE, PA 17013 by handing to MICHELLE R MALLIZZIO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 11 CIRCLE DRIVE CARLISLE. 1154 REDWOOD DRIVE CARLISLE IS VACANT. Sheriff1s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ,.,,'/ ~/~ ."",r' F" ,1/ ,.?~.-" . ---y l,7"'k~~ /: -( ,/,<<:AJ" - l' .....-l R. Thomas Kline 10/05/2004 FEDERMAN & Sworn and Subscribed to before By: PHL /f!W~ v Deputy Sheriff me this day of A.D. Prothonotary ~ / ,. ,I William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin 1. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff GMAC MORTGAGE CORP vs MALLIZZIO PAUL A Sheriff's Return No. 6653-T - -2004 OTHER COUNTY NO. 04 4654 AND NOW:September 29, 2004 at 9:55AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon MALLIZZIO PAUL A by personally h~~ding AKA CLIFFORD PAUL A to WENDY HARTLEY-ADMIN SERVICES. 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 4201 CRUMS MILL ROAD P.O.E. HARRISBURG, PA 00000-0000 9u~/1./ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 So Answers, JR~ Sworn and subscribed to >efore me this 30TH day of SEPTEMBER, 2004 Sheriff of Dauphin County, Pa. By L~f~ Sheriff's Costs:$31.25 PD 09/24/2004 RCPT NO 199813 FK FEDERMAN PHELAN, LLP ~ By: DANIEL G. SCHMIEG Identification No. 62205 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. 04-4654 CIVIL TERM PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD Defendant( s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 ofthe 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 A. MALLIZZIO A/K/A PAUL A. CLIFFORD is over 18 years of age and resides at , 4201 CRUMS MILL ROAD, HARRISBURG, P A 17112 . (c) that defendant MICHELLE R. MALLIZZIO A/K/A MICHELE R. MALLIZZIO A/K/A MICHELE R. CLIFFORD is over 18 years of age, and resides at, 1154 REDWOOD DRIVE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~) r, ,.v~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff . LEGAL DESCRIPTION All. THAT CERTAIN ~ of land situate in the Borough of Carlis.1c, Cumberland County. Penllsylvania more fully bounded and described as follows: . BEGINNING at a point on the Northern dedicated ript of way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan: Uleoce along said dividing line and through the party wall dividing me double dwelling erected on sBid Lob Nos. 68 and 69 and beyOno., North 19 degrees 22 minutes 00 seconds East 127.486 feet to a point; . thence along the land now Qf' formerly of the &rough of Carlisle, South 11 degrees 29 minutes 3~ seconds East, 35.698 feet to a point; thence along the dividing line betwam Lots Nos. 68 aDd 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on tile. Nortbem. dedicated right of way liile of Redwood Drivc+ thence along said right of way North 76 degrees 38 minutes 00 seconds West. 85.00 feeC to a point. the plaee of beginning. BEING further desc.ribro all Lot No. 69 on the Subdivision Plan No.4 for Northfield, prepared by Stephen G. I<lsbcr, R.S. dated February 21. 1986 and recorded in CumberlaDd County Plan BOok 47. page 199. . AND being improved wUh a.tI anacbed dwelling bouse known and numbered as 1154 Redwood Drive. TIlLE TO.SAID PREMlSES IS VF.'n1\{} IN Paul A. MaIIizzio and Micllelle R.. Mallizzio. his wUe by Deed from loseph W. Fry and JoaD B. Fryt his wife dated 4/1811997 and tcoorded 5/5/1997 in Record Book 157 page 120. PROPERTY ADDRESS: 1154 REDWOOD DRIVE, CARLISLE, PA 17013 TAX PARCEL: #06-18-13 73-020 CA-J~~ ~1t7Lg r~~:0 ~ ~ ::; p:: - ~ ~.~ ~ \Y+- ~ J:- fP') ~; Cj C ,_.'. ..i) :-~ I.". i l; -, '! ! 'I -. .']'-; --1 () ~_ J' - , J , ~ j' t ...."- i.'" .." C",,) C' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 04-4654 CIVIL TERM PAUL A. MALLIZZIO A/KIA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO A/KIA MICHELE R. MALLIZZIO A/KIA MICHELE R. CLIFFORD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $108,942.78 Interest from 11/9/04 to MARCH 2, 2005 (per diem -$17.91) $2,023.83 and Costs TOTAL $110,966.61 ~G,.&~ DANIEL G. SCHMIEG, ES~UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ' '1.1, " ~- ~-- !! " il---- ...!__ 1. I ~~ .:,\ :~i'6 , - :!:)-d 1 ,,'0-0 f I \ I I \ ~~g~~~~8 ~ ~.j~~0cr-ri ........ ro - - "J "') ~ ~;:$ OZ 00.< <> ~s= ....;loo. ~z Zz o~ ~~ ~ " 8~ ~;;J 00 ~u ~~ 8~ ~~ ~= z~ ~;;J U "" ~:) :; It.":.,;.: z o ~ ~ o ~ o U ~ e" ~ ~ o ~ U ~ e" ~ ~ ~ ~ ....;l U ~ ~ ....;l ~ U ~~ ~~ ~< Uo . ~ <~ ....;l~ ~....;l ~ ij; Sr;S N= NU ~~ ....;l~ ~~ << ....;lo ~~ ::s ~ ~ ~ ....;l ....;l ~ U -... ~ -::. ~ - - - ;' z o ~ E-t ;;J U ~'E' ~ := ~ ~ Q o~ ~ ~ "" ;~ ~~ ~~ 01:: ~ Q ~6 ~ ~ U ~ ( - - a o t-- () ~ ~d (:J() <) U] --- . 'ti?-'* 'j~ 'S .~ "'- ~~, ,""' ~c.S l~ ~ 13 - ~ N - - t-- - <:l ~c::> . .. t-- 'CJ - ~:; = " ~; =~ "U ~ " :g~ ....;lQ ~Q ~o 00.0 ~~ ~~ en I-< Q) g. -~ 0.. , c::> lI'l Q) N_ ~ ~ - '~ 00 en ~ -d Q) ,i:: Q) en Q) .0 ~ S "" 1 ~ 11 + .~ ~ ~~~ ~~~ ('Q....... --.J tt a Cj (::sJ LEGAL DESCRIPTION ALL THAT CERTAIN tracl of laDd slnw.e in the Borough of Carlisle, Cumberland County, Pennsylvania more fully bou.nd.ed and described as follows: . BEGINNING at a point on the Northern dedicated rijht of way line of 60 (oot wide Redwood Drive at the dividing line betWeen Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan: tbeoce along said dividing line and through me party wall dividing ~ double dwelling erected on sSid Lots Nos. 68 and 69 and beyond. North 19 degrees 22 minutes 00 secoods East 127.486 feet to a point; , thence along the land now or fOlIIlCI'ly of the Borough of Carlisle, South 37 degrees 29 tninute:s 3S seconds. East, 35.698 feet to a point; theftce along the dividing line between Lots Nos. 68 aDd 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on Cbe. Nonhero. dedicated right of way tme of Redwood Drive; &beoee aloog said right of way Nortb 76 degrees 38 minutes 00 seconds West, 8S.00 feet to a point. the place of beginning. BENO further described as Lot No. 69 on the Subdivision Plan No.4 fur Northfietd, prepared by Stephen G. Fisher, R.S. dated February 21, 1986 and reoorded in CUmberlaDd County Plan BOok 47, page 199. AND being improved with an anacbc:d dwelliDg house known and numbered as 1154 Redwood Drive. 1111...E TO" SAID PREMl~ IS VR'm\1) IN Paul A. Mallizzio and Micl1c11e R. MaJlizzio. his wife by Deed from loseph W. Fry and JoaD B. Fryt his wife dated 411811997 and recorded 515/1997 in Record Book 157 pase 120. PROPERTY ADDRESS: 1154 REDWOOD DRIVE, CARLISLE, PA 17013 TAX PARCEL: #06-18-1373-020 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLANDCOUNTY. COURT OF COMMON PLEAS v. CIVIL DIVISION PAUL A. MALLIZZIO AOOA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO A1K1A MICHELE R. MALLIZZIO AIKIA MICHELE R. CLIFFORD NO. 04-4654 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: . () an FHA mortgage () non-owner occupied () 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. .~G,~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t'"'~' ~ . .. ~~".~ -:1 I" 'i-'1 .. , -~.; . rl"j C", ('" " ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-4654 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From PAUL A. MALLIZZIO A/KIA PAUL A. CLIFFORD, MICHELLE R. MALLIZZIO A/KIA MICHELE R. MALLIZZIO A/KIA MICHELE R. CLIFFORD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $108,942.78 L.L. $.50 Interest FROM 11/9/04 TO 3/2105 (PER DIEM - $17.91) - $2,023.83 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $207.00 Other Costs Plaintiff Paid Date: NOVEMBER 17, 2004 CURTIS R. LONG (Seal) ProthonotaIJ? p ~ BK- L/c40~17. ./[~r~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 '. GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD CIVIL DIVISIO~ NO. 04-4654 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the . , following information concerning the real property located at , 1154 REDWOOD DRIVE. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please ivdicate) PAUL A. MALLIZZIO AlKlA PAUL A. CLIFFORD 4201 CRUMS MILL ROAD HARRISBURG, P A 17112 MICHELLE R. MALLIZZIO AlKlA MICHELE R. MALLIZZIO AlKlA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 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, ple~se indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ADV ANTA NATIONAL BANK . 10790 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 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 1154 REDWOOD DRIVE CARLISLE, P A 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 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. November 9.2004 DATE ~G..1~f . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff " ) ". .. t""."'1 ( .', -['I --~ j ~,. . (~~ 1 j . "",- -.l j. , . ,.-, ,. C' <.,;.\ FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIllLADELPIllA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CML DIVISION v. NO. 04-4654 CML TERM PAUL A. MALLIZZIO AIKIA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO AIKIA MICHELE R. MALLIZZIO AIKIA MICHELE R. CLIFFORD Defendant( s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 ofthe 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 A. MALLIZZIO A/K/A PAUL A. CLIFFORD is over 18 years of age and resides at , 4201 CRUMS MILL ROAD, HARRISBURG, P A 17112 . (c) that defendant MICHELLE R. MALLIZZIO A/K/A MICHELE R. MALLIZZIO A/K/A MICHELE R. CLIFFORD is over 18 years of age, and resides at, 1154 REDWOOD DRIVE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ r, ..lr~ DANIEL G. SCHMIEG, ESQlJIRE Attorney for Plaintiff . r-,.~ (-) " , I _t,: ..~ -. t -- r I .. -~" " f"j ',- r - l~;. -.. , -- C:..;; ..'. I C i " GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-4654 CIVIL TERM PAUL A. MALLIZZIO AlK/A PAUL A. CLIFFORD MICHELLE R. MALLIZZIO AlK/A MICHELE R. MALLIZZIO AlK/A MICHELE R. CLIFFORD Defendant( s). November 9,2004 TO: PAUL A. MALLIZZIO A/K./A PAUL A. CLIFFORD 4201 CRUMS MILL ROAD HARRISBURG, PA 17112 MICHELLE R. MALLIZIO A/K./ A MICHELE R. MALLIZIO A/K./A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .1154 REDWOOD DRIVE. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2005 at 10:00 a.m. in the Cumber'and County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $108.942.78 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In-the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proc~edings. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due. is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithif130 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 AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tracI of 1an4 sinwc in the Borou.gh of Carlisle, Cumberland County, Pennsylvania more fully bounded and described as follows: BEGINNING at a point on the Northern dedicated right of way line of 60 foot wide Rc:d.w~ Drive at the dividing line betWeen Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision PI~ tbeoce along said dividing line and through me party wall dividing the double dwelling erected on said Lots . Nos. 68 and 69 and beyond. Nonb 19 degrees 22 minutes 00 seconds East 127.486 feet to a point; thence along the land now Qr formerly of the Borough of Carlisle, South 37 degrees 29 minutes 3S seconds East, 3S.698 feet to a point; thence along the divlding line between Lots Nos. 68 ~ 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on tile Northern dedicated right of way liiIe of Redwood Drive. thence along said right of way Nortb 76 degrees 38 minutes 00 seconds West. 85.00 feel; to a point. the place of beginning. BEINO furlber described as Lot No. 69 on the Subdivision Plan No.4 for Northfield, prepined by Stephen G. Fisher, R.S. dated February 21. 1986 and recorded in Cumberland County Plan Book 47. page 199. AND being improved wilh aD attacbed dwelling hOWJe known and numbered as 1154 Redwcod Drive. TITLE TO SAID PREMISES IS VPSTF,L) IN Paul A. Mallizzio and Michc11c R. Mallizzio.:llis wife by J)e'ed from Ioseph W. Fry and Joan B. Fry. his wife dated 4118/1997 and realrded 5/5/1997 in Record Book 157 pase 120. PROPERTY ADDRESS: 1154 REDWOOD DRIVE, CARLISLE, PA 17013 TAX PARCEL: #06-18-1373-020 I'; (-., ", ; :::'~'-j t'...., :."') ( ..-.,~ ..r::.... (-; "'Ii :Ti _.. t j'; r -'-r I: r "'111\1."': "_J (:-:-~) c, Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center NOV-09-200409:12:47 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency MALLIZZIO PAUL Not on Active Duty Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches ofthe Military. ~~6.-~ Robert 1. 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. This person shows as a reservist and is not subject to the SSCRA unless on Active Duty. However, currently many reservists are being activated and there may be a delay in recording their activation data. If you have information that shows Active duty status, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https:/ /www.dmdc.osd.mil/udpdri/ owaJ sscra. pre_Select 11/912004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center NOV-09-200409:14:02 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status I Se~ice/Agency MALLIZZIO MICHELE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status of the Defendant( s), per the Information provided, as to. all branches of the M~~ . f:::;W ~CL-~ Robert 1. 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 fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. 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 11/912004 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION 1'"0.04-4654 CiVIL TERM DEFENDANT(S) CLIFFORD PAUL A. MALLIZZIO AJKJA PAUL A. A.CCT. #0306603748 MICHELLE R. MALLIZZIO AJKJA MICHELE R. MALLIZZIO AJKJA MICHELE R. CLIFFORD Type of Action - Notice of Sheriff's Sale SERVE MICHELLE R. MALLIZZIO AJKJA MICHELE R. MALLIZZIO AJKJA MICHELE R. CLIFFORD AT: 1154 REDWOOD DRIVE CARLISLE, P A 17013 Sale Date: MAReH2, 2005 SERVED Served and made known to AiC~..ll{" (, M.A\b~:z..~o ,Defendant,ontht~ CJ..9. ~. dayofdJO\Jt.,..-loe-.... J. (;.:J~' .p /15"'4 re~~~o.~ Dv'J C~<<..\\~\~ , 200~, at ,0 clock-r.m, at , Commonwealth of Pennsylvania, in the manner described below: \>Z- 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 relaltionship. Manager/Clerk of place of lodging 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: . (I ~ o,\..~,.~s Description: Age 30 Height 5' 7 Weight / 30 Race tu f,. Se:x f' Other' cD oJ I, C \a-v t ....~lt.. L \ C~~ ~1 , ~ a competent adult, being duly sworn according 1:0 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 indicated above. .. Sworn to and subscrib;[d befo~ ,me thi:; _ ;51...1 'Oay of fVcvt-.b4oJ 200::!:Q;lL~/J,),--r-::. / )/J Notary~ rr ~'-"(f By: ~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Def,~ndant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt: 1 1 Time: 1 st Attempt: 1 1 Time: 3rd Attempt: / 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 (") ,-- ~; ~-~. ~r (Fi ,c , ~(~'. c.." ~~~ 7~ =2 .. r...:l = = c.n <- ):i'. Z o ... -! "",' rill~ ..,.,m :f.JC? ,', ~ ~~C~ ~-2 ~~ (')rn ~ -< I Ul ~ -" N N "" AFFIDA VIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION COUNTY No. CD 04-46~4 CML TERM DEFENDANT (8) SERVE AT PAUL A. MALLlZZIO AOOA PAUL A,. CLIFFORD 2.308 t;H&S-rIVi/r sre~r HARRISBURC,PA /7117'1 SERVED Typc at AtOOIl ~ Notice ofSberifr, Sale Sale Date: MARCH Z, 200S Served and made known to ~I.- A. mA'u..;;~il!) . Defendant, on the Is day PEc&mJ/CA.. of pec- . 200~ at ~.'I.s- , o'clock f..m., <1t ~aog C.fflT~V1' ~r, H-~.$i!JI.I/l,,(y ~A- 171t:!~ . Commonwealth ofP\!nnsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defcndal"t(i) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) residc(s). Agent or person in charge of Defendant(s)' s ot11ce or usual" lace of business. an otliecr pfsaid Defendant(s)'s ,:ompany. V""'" Other: ~12..s. .u"T~4."" F.eILuQ AlJH) "'Ar'N~S ~p~ 1#$ /If)PSG ./UNeP #e /5 up, , ~-'WL Description: Age ~ Height $'"- K Weight I~ () Race ...!!::- Sex L Other ~~.s/ GrIC6f( 1(7In'A. I. /114'n7Tf'~ , a compelent t1dult. beinlO duly sworn llccordinl: to htw, depose and state that I personally posted a true and corre~t copy of the Notice of Sheriff's S~lc in the manner as set forth herein, i.s$uod in the captioned case on the date and at the addres!: indicated above. . Sworn to and subscribed betbr" me this ~ day of ~L~ .200~ N ~~ By: ~f~ NOT SERVED ~ COMMONWEALTH OF P NOTARIAL SEAL SHIRLEY A. STRAKA, NOTARY PUBLIC EXETER TOWNSHIP, BERKS COUNTY MY COMMISSION EXPIRES ~fllt..~008 FOU ".ATTEMP~RVICE NLTTHREE(3) TiMES..... day of ,200_, at o'I~lcck _,m., Defer,dant NOT eCMlse: Moved Unknown No Answer Vacant Other: 1 st illtCmpt Date & Time . 2nd attempt . 3rd attempt Dale & Tim~ Date: & Time Sworn to and subscribed before me this _ day of . 200 _' Notary: By: F&P #92266 AttorDCV for Plalutlff Daniel G. Schmieg, &quin - 1.1>. No. 6Z20S One Penn Center at Suburblln Station. Suite 1400 Philadelphia, PA 19103 (215) 563-'7000 c)G r\~lC ~':. !<\~ :~(~ j;t: ~ (') ~ ..... f'..) = c-..:> CJ'I C- ",.. % 1 (fi o -n ~ ::c -n rn~ -0 '-- -:-:JY CIC) -J.-1'. :1: :D QQ ~r'lj U --.. ~ < -0 -"'- ...~ N rv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA GMAC MORTGAGE CORPORATION ) CIVIL ACTION ) vs, PAUL A MALLIZZIO NKJ A PAUL A, CLIFFORD MICHELLE R MALLIZZIO NKJA MICHELE R MALLIZZIO NK/A MICHELE R CLIFFORD ) CIVIL DIVISION ) NO. 04-4654 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 11/22/04 true and correct 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: Januarv 20.2005 ~ 0 r, r , i\W)( ~ D IEL G, SCHMIEG, ESQU Attorney for Plaintiff ",-' ~g. - -7. "" ~f. ~~ ~s., 'II ~ .... v> .... N .... ... .... ... ,,-' . 0 ~g. ,<''i. il,~ "-'" "'. ~9., O~. SIn ~~ "" ~ ?' ~ .~ '0 ~ ?> "" ~ ?' 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'%8 ~ ~~~\\ l':;~o~'i ~o~n\ \~~~\ z l':; ;r. ~ i. ~'~~'Zi ~~\~l s\~~\ 'Sg~~ ~ d " l':; ~ ~ d (3 o ~ ~ 8 ~ "() ~ ~ ~\\~ om ~5 ~ ~ ~ ~ ~ ~ t; ~ ~V>~o ~ '3 ~ o t;Jl?:' o or/> ~ " 'A () N ';P' ~ tr1 '" "" '-l s "\"~ r/> y:. ~ ~ o ?> '"" \:J ?> 0 ",,~~SPOs1:"q ., G'", f~b~~" - $0'\.200 or: OOQ.300311 hj';)'>I 22 2004 M,~llEDfR()M 1.IPCOOE 19103 \ \ -a..," i;&: , 02 ,\p, ~,'-;':ir\ /' '"::J_~-l".". ~I ,\ ,---...' ~~~ /J3..,I/. -........ ." % 2-1 () C~:) .-n ,;,Jl ,- ?:: --'~ ",:- o -, 1" ..,t:- ~~ ::!: c.:? (.,:'J - GMAC Mortgage Corporation VS Paul A. Mallizzio alkla Paul A. Clifford And Michelle R. Mallizzio aIkIa Michele R. Mallizzio aIkIa Michele R. Clifford The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-4654 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made diligent search and inquiry for the within named defendant, Paul A. Mallizzio alkla Paul A. Clifford, but was unable to locate him in his bailiwick He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law, Dauphin County return: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Paul A. Mallizzio aIkIa Paul A, Clifford, the defendant named in the within Real Estate Writ, Notice & Description and that I am unable to find him in the County of Dauphin, and therefore return same NOT FOUND, December 13, 2004. NBA- Former employee at Mony Brokerage-No information regarding current address or current employer. So answers: J,R. Lotwick, Sheriff of Dauphin County, Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 09,2004 at 4:54 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Michelle R. Mallizzio alkla Michele R, Mallizzio alkla Michele R. Clifford, by making known unto Michelle Mallizzio, personally, at 115 Redwood Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the sam time handing to her personally the said true and correct copy of the same. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that 0 January 03, 2005 at 3:41 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 A. Mallizzio aIkIa Paul A, Clifford and Michelle R. Mallizzio alkla Michele R. Mallizzio alkla Michele R. Clifford, located at I I 54 Redwood Drive, 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 defendant, to wit: Michelle R. Mallizzio alkla Michele R. Mallizzio alkla Michele R. Clifford, by regular mail to her last known address of I 154 Redwood Drive, Carlisle, P 17013, This letter was mailed under the date of December 29,2004 and never returne to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg, Sheriffs Costs: Docketing Poundage Posting Bills 30.00 16.80 15,00 ~'0 (~\ ~~C)~~ .) ~ C- \o\f' ~\.\ Advertising Law Library Prothonotary Mileage Levy Surcharge Out of County Dauphin County Certified Mail Law Journal Patriot News Share of Bills 15.00 ,50 1.00 7.40 15.00 30.00 9.00 31.25 1.76 316,55 336.82 30.73 $856,81 Sworn and subscribed to before me This ..6.L day of ::t.J )1.. ~ 2005, AD, /1, ~... 11-<< I-~ Prothonotary y:. ~ SO~7: ~~--l't..t:~ R. Thomas Kline, Sheriff BY( /t'd-JiJ J<<uJ:h Real Estat eputy GMAC MORTGAGE CORPORATION ~ : , . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEA PAUL A. MALLIZZIO AlKJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD CIVIL DIVISIO!,! NO. 04-4654 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, D IEL G. SCHMIEG, 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 1154 REDWOOD DRIVE CARLISLE. PA 17013. L Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please illdicate) PAUL A. MALLlZZIO AlK/A PAUL A. CLIFFORD 4201 CRUMS MILL ROAD HARRISBURG, PA 17112 MICHELLE R. MALLlZZIO A/K/A MICHELE R. MALLlZZIO AJK/A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE 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 lie on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, ple~e indicate) None . 4, Name and address of last recorded holder oi-every mortgage of record: Name Last Known Address (if address cannot reasonably ascertained, please indicate) ADV ANTA NATIONAL BANK 10790 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 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 hose interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has a y 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 1154 REDWOOD DRIVE 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, P A 17105 I verify that the statements made in this affidavit are true and couect to the best of my ersonal knowledge or information and belief. I understand that false statements herein are made subj ct to the penalties of 18 Pa, C,s. Sec, 4904 relating to nnsworn falsification to authorities, November 9. 2004 DATE ~p G. },rJv..v~ . DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff , GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-4654 CIVIL TERM PAUL A. MALLlZZIO AfKJA PAUL A. CLIFFORD MICHELLE R. MALLlZZIO AlK/A MICHELE R. MALLlZZIO AlK/A MICHELE R. CLIFFORD Defendant(s). November 9, 2004 TO: PAUL A. MALLIZZIO AlK/A PAUL A. CLIFFORD 4201 CRUMS MILL ROAD HARRISBURG, PA 17112 MICHELLE R. MALLI~IO AlK/A MI HELE R. MALLIZIO AlK/A MICHELE R. C IFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM TION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHAR E IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR ED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINS1' PROPERTY." Your house (real estate) at. 1154 REDWOOD DRIVE, CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on MARCH 2. 2005 at 10:00 a,m. in the Cumber~and Count Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $1 8 942.78 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you, Inth event the sale is continued, an announcement will be made at said sale in compliance with Pa,R.c.p., ule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, I te charges, costs and reasonable attomey's fees due, To find out how much you must y, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to stri e or open the judgment, if the judgment was improperly entered, You may also ask the ourt to postpone the sale for good cause, 3 , You may also be able to stop the sale through other legal proc~edings, . , . , You may need an attorney to assert your rights, The sooner you contact one, the more ance you wiJl 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. lfthe Sheriffs Sale is not stopped, your property wiJl be sold to the highest bidder. ou may find out the price bid by caJling (215) 563-7000, 2, You may be able to petition the Court to set aside the sale if the bid price was grossl inadequate compared to the value of your property, 3, The sale wiJl go through only if the buyer pays the Sheriff the fuJl amount due in the sale. To find out ifthis has happened, you may caJl (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the own r of the property as if the sale never happened, 5, You have the right to remain in the property until the fuJl amount due, is paid to the eriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings t evict you, 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 wiJl be filed by the Sheriffwithiil 30 days of the s Ie. This schedule will state who will be receiving that money, The money wiJl be paid out in accordanc with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with he 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 ou act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. "IF YOU DO NO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE L TED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It ma not e sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must b postponed or stayed in the event that a representative of the plaintiff is not present at t e sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .. LEGAL DESCRIPTION ALL THAT CERTAIN tracl of land situate in the BorougIJ of Carlisle, Cumberland County, Pennsylvania more fully bounded nnd described as follpws: BEGINNING at a point on the Northern dedicated right of way line of 6() foot wide Rodwood Drive at me dividing line between Lots Nos. 69 and 70 on me hereinafter mentioned Subdivision Plan: lIlellCe along ;;aid dividing line and through me pasty wall dividing the double dwelling erected on BIIid Lots ' Nos. 68 and 69 and beyond, Nortll 19 degrees 22 minutes 00 seconds FAISt 127.486 feet to a point; thence along the land now Ql" formerly of the Borough of Carlisle, South 37 degrees 29 minutes 35 secon<ls East, 35.698 feet to a poln1; thence along the dividing line between Lots Nos. 68 ;1M 69 on said Plan, South 13 degrees 22 minutes t'iO seconds West, 194.159 feet to a point on tile NOl'\bem dedicated right of way line of Redwood Drive; tbellCe alOllg said righl of way NOftll 76 degrees 38 minutes 00 seconds W~. 85.00 feet to a point, the place of beginning. BEING fUrlber describod llS Lot No. 69 on the Subdivision Plan No.4 for Nortllfield, prepin:ed by Stephen G. Fisrn:r, R.S. dated Febmary 21. 1986 and recorded in Cumberland County Plan Book 47, page 199. AND being improved with an attachod dwelling howre kmlwn and numbered as 1154 Redwood Drive. TITLE TO SAID PREMISES IS VESTED IN Paul A. Mallizzio and Michelle R. Mallizzlo.:his wife by Deed from loseph W. Fry and loan B. Fry, his wife dated 4/18/1997 and recorded 5/5/1997 in Record Book 157 palle 120. PROPERTY ADDRESS: 1154 REDWOOD DRIVE, CARLISLE, P A 17013 TAX PARCEL: #06-18-1373-020 (Seal) By: Deputy WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4654 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD, MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD (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 gamishee(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 ofthe 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 $108,942.78 LL $.50 Interest FROM 11/9/04 TO 3/2/05 (PER DIEM - $17.91) - $2,023.83 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $207.00 Plaintiff Paid Date: NOVEMBER 17, 2004 Other Costs CURTIS R. LONG REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 Real Estate Sale #20 On December 01, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 1154 Redwood Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein~ ~ ~.( . J -/ q:-? ~ v~ :eal Est e Deputy ~ Date: December 01, 2004 ZI1 :E d DE liON llGDl Vd 'Afr-/;[j.,: l],'; I, . :i.>J 33\iJ3HS 3ill jO 3JU:JU REAL ESTATE SALE NO. 20 Writ No. 2004-4654 Civil GMAC Mortgage Corporation vs. Paul A Mallizzio, a/k/a Paul A Clifford and Michelle R. Mallizzio, a/k/a Michele R Mallizzio, a/k/a Michele R Clifford Atty,: Frank Federman LEGAL DESCRIPTION ALL TIiAT CERTAIN tract ofland situate in the Borough of Carlisle. Cumberland County. Pennsylvania more fully bounded and described as follows: BEGINNING at a point on the Northem dedicated right of way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos, 69 and 70 on the hereinafter men, tioned Subdivision Plan: thence along said dividing line and through the party wall dividing the double dwelling erected on said Lots Nos, 68 and 69 and beyond, North 19 degrees 22 minutes 00 seconds East, 127,486 feet to a point: thence along the land now or formerly of the Borough of Carlisle. South 37 degrees 29 minutes 35 seconds East, 35.698 feet to a point: thence along the dividing line between Lots Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194,159 feet to a point on the Northem dedicated right of way line of Redwood Drive: thence along said right of way North 76 degrees 38 minutes 00 seconds West, 85,00 feet to a point. the place of begin- ning. BEING further described as Lot No, 69 on the Subdivision Plan No, 4 for Northfield, prepared by Stephen G, FIsher, RS. dated Feb- ruary 21, 1986 and recorded in Cumberland County Plan Book 47. page 199. AND being improved with an at- tached dwelling house known and numbered as 1154 Redwood Drive. TITLE TO SAID PREMISES IS VESTED IN Paul A Mallizzio and Michelle R Mallizzio. his wife by Deed from Joseph W, Fry and Joan B, Fry. his wife dated 4/18/1997 and recorded 5/5/1997 in Record Book 157 page 120. PROPERTY ADDRESS: 1154 Redwood Drive. Carlisle, PA 17013, TAX PARCEL: #06-18-1373-020, . ,'/ REAL ESTATE SALE NQ.20 Writ NQ. 2004-4654 Civil Term GMAC MQrtgage C!Jrp. Va Paul A. MaIl~Q aItrIa Paul A. ClitI.,rd and Michelle R. MalllzziQ aItrIa Michele R. MallizzlQ aItrIa Michele R. Clifklrd Ally: Frank Federman DESCRIPTION ALL THAT CERl'AINtract of land sitoate io the Borough of Carlisle, Cumberland County. Peon-sylvania more fully bounded and described as follows: BEGINNING at a point on the Northern dedicated right-<lf,way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos, 69 and 70 on- the hereinafter mentioned Subdivision Plan; thern:e along said dividing line and tInough the party wall dividing the double dwelIiogerected on said Ipts Nos, 68 and 69 and beyond, North 19 degrees 22 min-utes 00 seconds East 127.486 feet to a poiot; thence along the land now or formerly of the Borough of Carlisle, South 37 degrees 29 min,utes 35 seconds Eas~ 35,698 feet to a point; thence .iong the divid-iog line between Lots Nos, 68 and 69 on said Plan, South 13 degrees 22 minutes 60 seconds Wes~ 194.159 feet to a point on the'Northem dedicated right of way line of Redwood Drive; thence along said right of way North 76 degrees 38 minutes 00 seconds West, 85,00 feet to a poiot. the place of BEGINNING, BEING further described as Lot No, 69 on t1ie Subdivision Plan No, 4 for Northfield, pre' pared by Stephen G, Fisher. KS, dated February 21. 1986 and re-corded io Cumberland County Plan Book 47, page 199, AND being improved with an attacbed dwelIiog house known and oumbered as 1154 Redwood Drive, TTILE TO SAID premises is vested io Paul A Mallizzio and Micbelle R Mallizzio. his wife, by Deed from Joseph W, Fly and loan B. Fry, his wife. dated 411811997 and recorded 5/511997 io Record Book 157 page 120, PROPERTY ADDRESS; 1154 Redwood Drive. Carlisle. PA 170n Tax Parcel #06-18-1373-020, . ._, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHS#92266 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .GMAC.MORTGAGE CDRPDRATIDN No. DA.~465A.CIYIL Term 2006,............................. P.AULA.MALLIZZIO ALKLA.PAULA..CLIFEORD PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) MICHELLER.MALLIZZIO ALKLA.MICHELRR.MA T J J77.10 ALKLA.MICHELE.R.CLIEEORD To the Director of the Office of the Prothonotary Issue writ of execution in the above matter: Amount Due $108.9A2.18 Interest from 11/10/04 to 9/6/06 Per diem $17.91 Total $11.928..Q6 $120,870.84 Add'l Costs $4,703.25 Note: Please attach description of Property. ~~ o,""~~ ~~tJ~8 ~~~Cl~ ~~O-( ~!il!il 0 "'". :"v.i' ~~~~g q ~ illS' : ';:l < 0 :l::l ;~~~~ ~ ' .~ ~ :.. \0 0 :5: 0 CZl :... 0 ~ u ~ ~tS <'l 5 ~ < :>, 'G) "'" ~ 0 i E ~ E-<::! : 0 0 ~.... E-< 5 ~ : j:j ~ r- U i < oil. .... ~ . "'" ~~ ~~ i ~!:Jr/l-( ~g,""~ : U "'". 8~ ~ Il. '" j '"" < ~ Cj 0 o~~tJ o~ u ~~ : ~~~; ~ ~8~ i ~~~~ '"" .~~ ~i u ~~~ '""'"" "" ~~!il~ V1 Il. 0 \0 ~ .,; 5u ~6 '<l' > <'""5151 " ~~CZl "'" i5~~ ~ '""~<< U d ~ -i::i ~ ~51~~ .!! :i! ~u~ "'" ~ ~ tr) ~ r-.. ...... ~ "-J r--:: U.j ~:.~) N .~.~~. ().-' ~ c- c:. 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OF-SCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania more fully bounded and described as follows: BEGINNING at a point on the Northern dedicated right of way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said dividing line and through the party wall dividing the double dwelling erected on said Lots Nos. 68 and 69 and beyond, North 19 degrees 22 minutes ()(} seconds Ea.~t 127,486 feet to a point; thence along the land now or formerly of the Borough of Carlisle, South 37 degrees 29 minutes 35 seconds East, 35.698 feet to a point; thence along the dividing tine between Lots Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on the Northern dedicated right of way Ime of Redwood Drive; thence along said right of way North 76 degrees 38 minutes 00 seconds West, 85.00 feet to a point. the place of beginning. BEING further described as Lot No. 69 on the Subdivision Plan No.4 for Northfield, prepared by Stephen G. Fisher, R.S. dated February 21, 1986 and recorded in Cumberland County Plan Book 47, page 199. TITLE TO SAID PREMISES IS VEST,&D IN Paul A. Mallizzio and Michelle R. Mallizzio, his wife by Deed from Joseph W. Fry and Joan B. Fry, his wife dated 4/18/1997 and recorded 5/5/1997 in Record Book 157 page 120. Premises being: 1154 REDWOOD DRIVE CARLISLE, PA 17013 Tax Parcel No. 06-18-1373-020 L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4654 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From PAUL A. MALLIZZIO AlKJA PAUL A. CLIFFORD AND MICHELLE R. MALLIZZIO AlKJA MICHELE R. MALLIZZIO AlKJA MICHELE R. CLIFFORD (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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated, AmountDue $108,942.78 LL Interest FROM 11/10/04 TO 9/6/06 - PER DIEM $17.91 - $11,928.06 Atty's Conun % Due Prothy $1.00 Atty Paid $1076.31 Other Costs ADD'L COSTS - $4,703.25 Plaintiff Paid ' kJTIS Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: SUITE 1400 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 PHELAN HALLINAN & SCHMIEG, LLP By: DANffiL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station 1617 Jobn F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. ISO HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL A. MALLIZZIO AlK/A PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO AlK/A MICHELE R. MALLIZZIO AlK/A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 NO. 04-4654 CIVIL Defendant(s). C:FRTTFTC:A TTON DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: () an FHA Mortgage ( ) non-owner occupied () vacant (X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. sec.4904 relating to unsworn falsification to authorities. DANIEL G. SC G, ESQUIRE Attorney for Plainti p -:;;. 0..;;,0.. "'D\]' rn c~ -:1' ... ~:::.; " Qjl. r-" ~ = a' "'"1':" :z;:: --< ~ j;~-: _:,r .:;0.<:; p - ~ .-\ ::r;.,., rnF::: -oP:; ~JJ"i' .C),C) -c- -0 -",", ......" \:(%~-~ ,-I ?E '< N .- o (J, . " GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL A. MALLlZZIO A/KJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLlZZIO A/KJA MICHELE R. MALLlZZIO A/KJA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 NO. 04-4654 CML Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1154 REDWOOD DRIVE, CARLISLE, PA 17013. L Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) PAUL A. MALLlZZIO A/KJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLlZZIO A/KJA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 2, Name and address ofDefendant(s) in the judgment: NAME Same as Above LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 3. Name and 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 so indicate.) None ..i_.~ 4, Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ADV ANTA NATIONAL BANK 10790 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 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 so 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 so indicate.) None 7, Name and address of every other person 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 so indicate.) TENANT/OCCUPANT 1154 REDWOOD DRIVE CARLISLE, PA 17013 DOMESTIC RELATIONS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, P A 17013 COMMONWEALTH OF PENNSYL VANIA DEPARTMENT FO WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. M~y 10 ?006 Date DANIEL G. SC G, ESQUIRE Attorney for Plainti "...., o ~, ~ L--::::> if' -:jC. y" :-<. v' --- ~'-c' C.:~ -f;:\ ::L 9.> :Z-p f\' ;;(, ":?~,q -<)-~,.t'.,. . ~\ ~A -:1~: ~-: .~ ':'? 'f;., . GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. ISO HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL A. MALLlZZIO AfKlA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLlZZIO A/KIA MICHELE R. MALLlZZIO AfKl A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 NO. 04-4654 CIVIL Defendant(s). Please be advised that this firm is a deht coDector attempting to coDoct a debt. Any information received will be used for tha' purpose. If yon have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence Is not and should not be construed to be an a\tempt '0 coDoct a deb\, but only enforcement of a lien against property. NOTICE OF SHERIFF'S SAT ,E OF REAl, PROPF,RTV TO: PAUL A. MALLlZZIO A/KIA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLlZZIO AfKlA MICHELE R. MALLlZZIO A/KIA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 Your house (real estate) at 11"4 REDWOOD DRTVF" CARLISLE, PA 170n, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER Ii, 200ti, at 10:00 a.m. in the CUMBERLAND County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $1011,1)42711 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 PaRC.P., 3129.3. NOTICE OF OWNF,R'S RIGHTS VOl T M A V HF A HT F TO PRFVENT THIS SHFRWF'S SAT ,R To prevent this Sheriffs Sale, you must take immedi..te .."tion: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To frod out how much you must pay, you may call: <<)15,) "1i:\-7nnn 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if L . 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.) VOU M A V STTl.1. HE A HT .F. TO SAVE YOUR PROPF.RTV A NJ) VOlT HAVE OTHER RTr.HTS EVEN TFTHF.SHF,RTFF'S SAT.F. nOF,STAKF, PT.ArK 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 Q 1 ';) <;61-7000, 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) 740-6190, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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 TIDS 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. Lawyer Referral Service: Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 , c . T.Er-A.T.OESnUPTTON All. THAT CERTAIN tract of land situate in the Borough of Carlisle, CUmberland County, Pennsylvania more fully bounded and described as folIows: BEGINNING at a point on the Northern dedicated right of way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said dividing line and through the party wall dividing the double dwelling erected on said Lots Nos. 68 and 69 and beyond, North 19 degrees 22 minutes 00 seconds Ea.~ 127,486 feet to a point; thence along the land now or formerly of the Borough of Carlisle, South 37 degrees 29 minutes 35 seconds East, 35.698 feet to a point: thence along the dividing line between Lots Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on the Northern dedicated right of way Ime of Redwood Drive; thence along said right of way North 76 degrees 38 minutes 00 seconds West. 85.00 feet to a point, the place of heginning. BEING further described all Lot No. 69 on the Subdivision Plan No. 4 for Northfield, prepared by Stephen G. Fisher, RS. dated February 21. 1986 and recorded in Cumberland County Plan Book 47, page 199. TITLE TO SAID PREMISES IS VESTED IN Paul A. Mallizzio and Michelle R Mallizzio, his wife by Deed from Joseph W. Fry and Joan B. Fry, his wife dated 4/1811997 and recorded 5/5/1997 in Record Book 157 page 120. Premises being: 1154 REDWOOD DRIVE CARLISLE, P A 17013 Tax Parcel No, 06-18-1373-020 C! r-> q. """ r; c:::> C;::'" ..... ;;~' ~ :t:-n ::':: rn;~;:' '-' ...r-'\<' <P ~,'6y - (),('-, -<-r~' ~ .;",,\:~l -.r ~~.C) -.. ~5f0 r:-? ~~ \-:::? :2, U' :..:; ~ ~ I oJ 'j ...".. .. . AFFIDAVIT OF SERVICE CQS/paw PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND County No. 04-4654 CIVIL Our FIle #: 92266 DEFENDANT(S) PAUL A. MALLIZZIO AlK/A PAUL A. CLIFFORD MICHELLE R. MALLIZZIO AlK/A MICHELE R. MALLIZZIO AlK/A MICHELE R. CLIFFORD Type of Action - Notice of Sheriff'. Sale Please serve upon: MICHELLE R. MALLIZZIO AlK/A MICHELE R. MALLIZZIO AlK/A MICHELE R. CLIFFORD Sale Date: SEPTEMBER 6, 2006 SERVE AT: 1154 REDWOOD DRIVE CARLISLE, PA 17013 SERVED Served and made known to M.' C he II e R . ~II; 't 'Z.j 0 ,Defendant. on the 20~at )'.'3/ O'c\OCkl',m"at /1:)1{ ~C'.1I.v/S"d br. Lo day of :r......"", (. Conunonwealth of Pennsylvania, in the manner descnbed below: vri:fendant persoualIy served. Adult family member with whom Defendant(s) reside(s). 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 3"<(d Height S-)7" Weight I {P6 Race...!:::I.L Sex L Other I, _~ Ou,,' ~ {;?Il!:o erf:1 . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the NntiC":f": nfSl1P.TiWII; S::Ilf": in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and su~ed his /l rt.ay ':~'-~BY~OTS€~ I ..Y~2i)' .. :"~'!.v State OT N,ew J~rsey PA TIl.ICIA~yt\'ARRIS Commission Expires JUDe j 6, 2008 _ Moved _ UD.kiJ.own _ No Answer 1st attempt Date: Time: attempt Date: Time: Other: 4~,. , 200_. at o'clock _,m, Defendant NOT FOUND because: _ Vacant ,2nd attempt Date: Time: ,3rd Sworn to and subscribed before me this day of , 200_. Notary: By: A'tnrn~y fnr Plginfiff Daniel G. Schmieg, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ~ ( l , .. (") <;: "-,, <:.0 c:';. <;r' -1 ~- i_I,;~ (-j .;c'f'l f",' 0' -,' ,".- ~. '.,J ,', .,}. '::~:) ;';''11\1 -"::-.\ '},,. j'J -< -.J C;) f"..) (,..n ~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, alk/a Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 16, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 17,2004 in the amount of$108,942.78. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 1154 Redwood Drive, Carlisle, P A 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 1 :05-00861 on February 17,2005. Plaintiff obtained relief from automatic stay by order of court dated March 1,2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $18.05 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $94,127.03 19,874.83 1,804.71 2,325.00 1,908.25 2,356.81 0.00 250.00 0.00 0.00 0.00 6.168.83 TOTAL $128,815.46 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Dare:#- Phelan Hallinan & Schmieg, LLP By: ~ Michele M. Bradford, Es:U Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/k/a Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 1154 Redwood Drive, Carlisle, P A 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security ofthe Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. . ll. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. ID. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent ofthe outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 {Pa. . Super. 1995). hnportantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. v. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement ofajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958), Chase Home Mortgage COIporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co.. 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability . In B.C.Y. v. Bukovich. the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. 'The mortgagors have breached the tenns of the Mortgage, and Plaintiff has been forced to incur significant unjust fmanciallosses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part ofthe mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tenns of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:+ Phelan Hallinan & Sc By: Michele M. Bradford, Esqu Attorney for Plaintiff . . Exhibit "A" 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 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 ATTORNEY FORPLAJNTWF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. CJ..i -J...j'~i (2il)~L~~ v. CUMBERLAND COUNTY PAUL A. MALLIZZIO NKJ A PAUL A. CLIFFORD MICHELLE R. MALLIZZIO 1154 REDWOOD DRIVE, CARLISLE, P A 17013 l~ (") ~ 0 ~ ~ 11 Defendants ~ m en :r! L~~l.; ~ m-n "'-- .J. .... r- z'-" -om (I) '!-. - :.09 CIVIL ACTION - LA W -< :-: C"\ 0 6 COMPLAINT IN MORTGAGE FORECLOSURE ~.::: J> :t:n --;7 ... -- 0- "- o-~ -- -, c. ) ,'-' . .~ m NOTICE ~~1 You have been sued in court. If you wish to defend against the claim~ 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. W 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 SERYlCES-IO~EL.. IGffiLE PERSONS ATA REDUCED FEE OR NO FEE. FEDERMAN AND ~LAN ATIORNEY FILE COPY / Lawyer Referral Service PlEASE RETURN Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ] 70] 3 He hereby cc.r+:f (800)990-9]08 NIthIQ to 6l VI u Y the COTrfiCt6 a true and or/lJ/naJ ~opy of the 1=EDERJded otrecord AN AND PHELft File#: 92266 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 ATIORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. CUMBERLAND COUNTY PAUL A MALLIZZIO NKJA PAUL A CLIFFORD MICHELLE R. MALLIZZIO 1154 REDWOOD DRNE, CARLISLE, PA 17013 Defendants 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. TIllS OFFICE CAN PROVIDE YOU WITII INFORM A TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITIl INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9] 08 He hereby certify the .vithin to be a trUQ and correct copy of the originaJ filed of.reo<<d J:EDERMAN ANDPH~ File #: 92266 File #: 92266 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 MA Y 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 EST A TE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL A. MALLIZZIO AIKJ A PAUL A. CLIFFORD MICHELLE R. MALLIZZlO 1154 REDWOOD DRIVE, CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/18/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1511, Page: 338. By Assignment of Mortgage recorded 7/1/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 1050. 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 05/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 92266 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 09/15/2004 (Per Diem $18.16) Attorney's Fees Cumulative Late Charges 12/18/1998 to 09/15/2004 Cost of Suit and Title Search Subtotal $94,682.16 9,697.44 850.00 556.08 $ 750.00 $ 106,535.68 Escrow Credit Deficit Subtotal TOTAL 0.00 1,390.14 $ 1,390.14 $ 107,925.82 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 Sheriffs 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $ 107,925.82, together with interest from 09/15/2004 at the rate of$18.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM~!~AE:~~_._/ / / ~. By: JsIF~!f!'~ ~- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 92266 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the northern dedicated right-of-way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said dividing line, and through the party wall dividing the double dwelling erected on said Lots Nos. 68 and 69, and beyond, North 18 degrees 22 minutes 00 seconds East, 127.436 feet to a point; thence along the lands now or formerly of the Borough of Carlisle, South 87 degrees 29 minutes 35 seconds East, 35.638 feet to a point; thence along the dividing line between Lots Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 00 seconds West, 134.150 feet to a point on the northern dedicated right-of-way line of Redwood Drive; thence along right-of-way line, North 76 degrees 38 minutes 00 seconds West, 35.00 feet to a point, the Place of BEGINNING. BEING further described as Lot No. 69 on the Subdivision Plan No.4 for Northfield, prepared by Stephen G. Fisher, R.S., dated February 21, 1985, and recorded in Cumberland County Plan Book 47, Page 198. AND BEING improved with an attached dwelling house known and numbered as 1154 Redwood Drive. AND BEING the same tract of land which Lettermen, Inc., by Deed dated February 26, 1987 and recorded in Cumberland County Deed Book 'M', Volume 32, Page 1052, granted and conveyed to Joseph W. Fry and Joan B. Fry, Grantors herein. AND the said Grantors will warrant specially the property hereby conveyed. PROPERTY BEING: 1154 REDWOOD DRIVE File #: 92266 VERIFICATION Robert Lelli hereby states that he/she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~J / . / / ~ /~ / DATE: 1/11/04 . . Exhibit "B" I FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG . Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLADELPmA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, P A 19044-0969 CUMBERLAND COUNTY : COURT OF COMMON PLEAS : '. ~. v. Plaintiff, ~~~ION ~ ,..n~ WCi' ~ CIVII; ~~: PAUL A. MALLIZZIO AIKIA PAUL A. CLIFFORi . ~.. MICHELLE R. MAI.I.17ZIO AIKIA MICHELE R...., . MALLIZZIO AIKIA MICHELE R. CLIFFORD r:~ i~"4-" l\\ ' . ..' r ?LC-, PRAECIPE FOR IN ~M JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Defendant(s). TO THE PROTHONOTARY: ,1l.f>iD ,\;\~: ::. It''l" r: ^'00 -} ~^.. ( , 't'\1 ,r <. . _.H J." r - ::~ ~.i; i'\,\~ 3 r--.:> c::::'J c::::> _r:- o -n ...... ...~.:..... I-n 0, rll ~ < . ~T; l~j i..._.J ...:..... l ~,-! -....... ,1 ~~'? ~-~~ "c.::- r1"1 ~:~ ...> ~.u -<.: -.J ~; C> 0''> Kindly enter an in rem judgment in favor of the Plaintiff and against PAUL A. MALLIZZIO AIKIA PAUL A. CLIFFORD and MICHELLE R. MALLIZZIO AIKIA MICHELE R. MALLIZZIO AIKIA MICHELE R. CLIFFORD. 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 9/15/04 to 11/9/04 TOTAL $107,925.82 $1,016.96 $108,942.78 I hereby certify that (I) 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. . t1-16-0~ 17, q l +0 ., Co(1~ q- ~- 0(0 ~G.~ DANIEL G. SCHMIEG, . QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: >>(1) I? ~ 4:J~3.d6 . . Exhibit "c" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: MICHELLE R. MALLlZZIO a/k/a MICHELLE R. CLIFFORD, Debtor CHAPTER 13 CASE NO: 1-05-bk-00861MDF GMAC MORTGAGE CORPORATION, Movant v. MICHELLE R. MALLIZZIO a/k/a MICHELLE R. CLIFFORD CHARLES J. DeHART, III, TRUSTEE, Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion ofGMAC Mortgage Corporation (Movant), and after Notice of Default and the ftling of a CertifIcation of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 1154 Redwood Drive, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and GMAC Mortgage Corporation may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Comt, (EW) Dated: March 1, 2006 This electronic order is signed and filed on the same date. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE:~ Phelan Hallinan & Schmieg, LLP By:- ~ Michele M. B"":-rd, Esq\.;..,) Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/k/a Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Paul A. Mallizzio, a/k/a Paul A. Clifford Michelle R. Mallizzio 1154 Redwood Drive Carlisle, PA 17013 Paul A. Mallizzio, a/k/a Paul A. Clifford Michelle R. Mallizzio 11 Circle Drive Carlisle, P A 17013 Paul A. Mallizzio, a/k/a Paul A. Clifford 4227 King George Drive Apartment B Harrisburg, PA 17109 DATE: (J~ Phelan Hallinan & Schmieg, LLP By: ~ Michele M. Bradford, Esq~ Attorney for Plaintiff r~ C) 'C: , -n t;,-~ :;:I ;::, -, ) ;'.:"'if GMAC MORTGAGE CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. PAUL A. MALLlZZIO, a1k/a PAUL A. CLIFFORD MICHELLE R. MALLlZZIO, Defendants : 04-4654 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 15, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, hele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~UI A. Mallizzio, a/k1a Paul A. Clifford Michelle R. Mallizzio Defendants ~ M. ::rt;, ~ ~ bas JJ~ Q\'~ ;?ll .r' . (... l!l J 0;7 j'>,J (' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire i Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our I Motion to Reassess Damages noting a Rule Return date of August 15,2006 has been served upon the following persons: Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio 1154 Redwood Drive Carlisle, PA 17013 Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio 11 Circle Drive Carlisle, PA 17013 Paul A. Mallizzio, a/kJa Paul A. Clifford 4227 King George Drive Apartment B Harrisburg, P A 17109 Date: e I PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Attorney for Plaintiff :::! I f"J C,.) - . PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/k/a Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: I. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on July 26, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on August 1,2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 15,2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. ~LI~ Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquir Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, aJk/a Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 21, 2006. A Rule was entered by the Court on July 26, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 1, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 15, 2006 upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. -dlJ{,~ Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esqu' Attorney for Plaintiff . . Exhibit "A" - - GMAC MORTGAGE CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. PAUL A. MALLlZZIO, a1k/a PAUL A. CLIFFORD MICHELLE R. MALLlZZIO, Defendants : 04-4654 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 15, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M. :::rt;. ~ ~ Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Paul A. Mallizzio, a/kla Paul A. Clifford Michelle R. Mallizzio Defendants bas Q2ZWCp Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. ~ORD, Esquire Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 A ITORNEY FOR PLAINTIFF GMAC Mortgage Corporation : Court of Common Pleas Plaintiff ..!. .'1'";'. ~......... - ... ~ "c:..l.. ~ H_ ____..~ : Civil Division AlTORNEV FlL~ COpY :PIEAJlaftIlUftN \l'<'l~ ..".. _.__ _ ' vs. Paul A. Mallizzio, aIkIa Paul A. Clifford Michelle R. Mallizzio Defendants .,,~~~l'VL~~~i'i;1 ~J:1D-1tl' CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of'our Motion to Reassess Damages noting a Rule Return date of August 15,2006 has been served upon the following persons: Paul A. MalIizzio, aIkIa Paul A. Clifford Michelle R. Mallizzio 1154 Redwood Drive Carlisle, P A 17013 ..-----.... Paul A,-Mal!tzzio;~Yaur A. Clifford ., . MichelleJ~:.MJJJi1+iA E COPY, lIAS&JBM:.Y r~ e.... c,. Carlislp~TUJlt~ ~~- .- Paul A. Mallizzio, aIkIa Paul A. Clifford 4227 King George Drive Apartment B Harrisburg, PA 17109 . ~ 1!''-t6.~ :. . . ......~ .....~-.,...,.;'~,.,.,~ - ~-~: to,," ...a\~a~~~.;J, ~~::...~~.. .~''''''__ Ft:'. :-:'.~:~..;' - 4. ~.' Date: (3 J PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Attorney for Plaintiff (m~ -I-i -1 , r.....) 0: o VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. Michele M. Bradford, Esqu' e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563 - 7000 GMAC Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio 1154 Redwood Drive Carlisle, P A 17013 Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio 11 Circle Drive Carlisle, P A 17013 Paul A. Mallizzio, a/kJa Paul A. Clifford 4227 King George Drive Apartment B Harrisburg, P A 17109 8~~ Dat6 Michele M. Bradford, Es Attorney for Plaintiff .t ~'''' (") c s:: '"'"'(.'\.:;':-' n,e," ~~t;' (/)< -~~~; r........_. --:_.., )?':C: ~"C );>'C Z ~:2 r-.) c::J c::J CI'"' :I> c:: G") ~ ~,:o nFTi -o~ ::D 00 --i-r, :1:) ..,1 (" - z'l On ::;;;! ?i ....... :I> :x a .. en o ~ , PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff AUG 1 8 zooy Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/k/a Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term ORDER AND NOW, this '1..\ S"i' day of l\\)'l"'-\: ,2006, upon consideration ofPlaintitl's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintitl's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $18.05 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $94,127.03 19,874.83 1,804.71 2,325.00 1,908.25 2,356.81 0.00 250.00 0.00 0.00 0.00 6.168.83 TOTAL $128,815.46 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. ~ ~~ o J. V'INVICIASNNBd I H(rl('v~ ',~ """j "'GIMt'\" /\lJV, ","',) "h', ':'_"r:Jt 'f hJ U =6 llV I Z ~JnV 900Z AW10NOi-I.LOiJd 3Hl. dO 3:)1:5::10-0311:1 .. SALE DATE: SEPTEMBER 6. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 04-4654 CIVIL vs. PAUL A. MALLIZZIO MICHELLE R. MALLIZZIO AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 1154 REDWOOD DRIVE. CARLISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. September 5, 2006 ~Jj ~~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff . -, GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044-0969 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 NO. 04-4654 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1154 REDWOOD DRIVE, CARLISLE, P A 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO A/KJA MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as Above 3. Name and 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 so indicate.) None . .. 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ADVANTANATIONAL BANK 10790 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 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 so 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 so indicate.) None 7. Name and address of every other person 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 r~asonably ascertained, please so indicate.) TENANT/OCCUP ANT 1154 REDWOOD DRIVE CARLISLE, P A 17013 DOMESTIC RELATIONS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, P A 17013 COMMONWEALTH OF PENNSYL VANIA DEPARTMENTFO~LFARE P.O. BOX 2675 HARRISBURG, P A 17105 I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. May 10, 7.00tl Date DANIEL G. SC G, ESQUIRE Attorney for Plainti f , .. DATE: May .11,2006 GMAC MORTGAGE CORPORATION vs. PAUL A. MALLIZZIO AIKIA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO AIKIA MICHELE R. MALLIZZIO AIKIA MICHELE R. CLIFFORD TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): PAUL A. MALLIZZIO AIKIA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO AIKIA MICHELE R. MALLIZZIO A/K1A MICHELE R. CLIFFORD PROPERTY: 1154 REDWOOD DRIVE CARLISLE, P A 17013 Improvements: Residential Property CUMBERLAND COUNTY NO.: 04-4654 CIVIL Judgment Amount: $108,942.78 The above-captioned property is scheduled to be sold at the CIJMRRRT ,AND Sheriffs Sale on SRPTRMRRR 6, 2006 at 10:00 a.m. in the CUMBERLAND County Courthouse, South Hanover Street, Carlisle, PA 17013. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. CQS ~ .. Q>Z ~=-~ :?Ql c l:I.l=-B ~ fJ ~ a i ~ .. - ....... - ...... Cl.{IJ~ .. Z N ....... 0 \0 00 --.) Q'I VI ~ IN N ....... ~ a cc it . ~g, ~ :~ CIJ [ ~ ~~ ~Ql 8. ~ ~ Z 0.<: ~ g. "O~ K2. o:? WH 1~ ~i !Jf "0 !l j ii 2. W ~: to 110 ::5'~8'2;l SR-nngn [~.~~2'g; <gqg..3o. gi' ~5.R ~~~~S! -n!ClSO .., _. c: .:;. ::J .... "'<0 ::J foil -. P. '1:t .... O'....Elg_..~ 19~ ~ -.i 2" ....e:s-.i.illi''' ilfzt~~I ~(iallg.c S CIlI f!. _. " .. ifGi.q.... 8- g.!i ~H 0 i.il~l8i.!~ osli'O~- ... -. 0 1i! .. 0. n r tlI ". ....0 ! ~rl~~. .~ ~. E ... g g 9- &50. ~ f.a'~ -. g' ,- 8 p.1 .. .!- - Ii' f [o.!f ,o...8e. if2.a (i . in' t:: 9 em. cn~glil'i gu.. 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PI1NEY 8O\NES ~. . 02 1A $ 01.250. - :cc 0004309825 MAY 31 2006 ; II: MAtLED FROM ZIP CODE 19103 :-- ;"!:J g ~""'O"l:l(".) g~;tl:l,o ~-..J....~CI:l Q, .... ~ t!.~a> "Cl 0 /:I Z FB'Q~ "'C'2JlaF >, ~ ~ tClllta~2 ....4D~ ClJj= W:::rO'e.., ~ 4D = IG'" ~.~ a-_~in ~ II) III /:I o ~ s:: S' .....::l (J) ~ "-> <: :;: ~ IlIC1:l~ 11s::~ p.::r"l:l (I> ~ ~ Q = ?::' ~ C:;,} j-; (_....'... (lJ . \ :""":;') 1 C' ?: ~'',.>- c.) CC, AFFIDAVIT OF SERVICE CQS/paw JNTIFF GMAC MORTGAGE CORPORA nON CUMBERLAND County No. 04-4654 CIVIL Our File #: 92266 DEFENDANT(S) PAUL A. MALLIZZIO AlKJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO AfKfA MICHELE R. MALLIZZIO AfKfA MICHELE R. CLIFFORD Type of Action - Notice of Sheriff's Sale Please serve upon: PAUL A. MALLIZZIO AIKIA PAUL A. CLIFFORD Sale Date: SEPTEMBER 6, 2006 SERVE AT: 1154 REDWOOD DRIVE CARLISLE, P A 17013 SERVED Served and made known to _Pt<'-4. r A...A-1a /1,' z"Z..t' 0 , Defendant, on the $ S; .J..'1. day of Ai-t IJI"f Sf- P I 200k at 7:/'7 , o'clock _.m., at _II s'N {l. (' c! ~"o<.!. Dr. Commonwealth ofPelU1sylvania, in the manner described below: ~efendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(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 of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~_Other: Description: Age 30. tf 0 Height t ) ~ II W eight ~ Race ~ Sex /Yf Other I, ~ a. u , ' c!. go b t f'f..r , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notic:e of ~heTiff' s Sa Ie in the roalU1er as set forth herein, issued in the captioned case on the date and at the address indicated above. .~ f)~ ~/ By: NOT SERVED f' day of. '; , 200_, at pj\,\;~:;iE.l _ MmltmSSion Ex",:r~6, 2008 No Answer 1 st attempt Date: Time: attempt Date: Time: Other: o'clock _.m., Defendant NOT FOUND because: _ Vacant ,2nd attempt Date: Time: ,3rd Sworn to and subscribed before me this day of , 200_. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 (). D ''1"1 C~, c:::' 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 Veterans Mairs Sec is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 31 st day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4654, at the suit of GMAC Mtg Corp against Paul A Mallizzio aka Paul A Clifford & Michelle R Mallizzio aka Michele R aka Michele R Clifford is duly recorded in Deed Book No. 276, Page 3779. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;J ).d- day of .JY;~,A.D.dtmC BMAC Mortgage Corporation VS Paul A. Mallizzio and Michelle R. Mallizzio In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4654 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2006 at 3:45 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Michelle R. Mallizzio, by making known to Michelle R. Mallizzio, personally, at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30,2006 at 11 :26 o'clock A.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 A. Mallizzio and Michelle R. Mallizzio located at 1154 Redwood Drive, Carlisle, Pennsylvania, 17013 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 defendant, to wit: Michelle R. Mallizzio, by regular mail to her last known address of 1154 Redwood Drive, Carlisle, Pennsylvania, 17013. This letter was mailed under the date of June 28, 2006 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Secretary of Veterans Affairs, an Officer of the United States of America. It being the best and highest bid, Secretary of Veterans Affairs, an Officer of the United States of America, of 1000 Liberty Avenue, Pittsburgh, P A 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $931.34. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Levy Surcharge $30.00 18.23 15.00 15.00 30.00 10.00 1.00 8.80 15.00 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 365.00 308.40 19.31 25.00 41.00 $ 931.34 /' JO/4 jot., ~ So Answers: /~~ , R. Thomas Kline, Sheriff BY ,jO~jrvLc{h Real Estate Sergeant o?V j \) \10 \.~ '564'1'( ~ P3il1 ~ ",' GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE.150 HORSHAM, P A 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL A. MALLIZZIO AnUAPAULA.CLIFFORD 2308 CHESTNUT STREET HARRISBURG, P A 17104 MICHELLE R. MALLIZZIO AnU A MICHELE R. MALLIZZIO AnU A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 NO. 04-4654 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 " GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1154 REDWOOD DRIVE, CARLISLE, P A 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) PAUL A. MALLIZZIO AnUA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO AnU A MICHELE R. MALLIZZIO AnUA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as Above 3. Name and 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 so indicate.) None " . 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ADV ANTA NATIONAL BANK 10790 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) TENANT/OCCUPANT 1154 REDWOOD DRIVE CARLISLE, P A 17013 DOMESTIC RELATIONS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, P A 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT FO WELFARE P.O. BOX 2675 HARRISBURG, P A 17105 I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. May 10, 200n Date DANIEL G. SC G, ESQUIRE Attorney for Plainti f ~ GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE.150 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL A. MALLIZZIO A!KIA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO AlKJA MICHELE R. MALLIZZIO AlKJ A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 NO. 04-4654 CIVIL Defendant(s). Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. NOTTeF, OF SHF,RIFF'S SAI,F, OF RF,AI, PROPF,RTY TO: PAUL A. MALLIZZIO AlKJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, P A 17104 MICHELLE R. MALLIZZIO AlKJA MICHELE R. MALLIZZIO A!KIA MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, P A 17013 Your house (real estate) at 1154 RF,DWOOD DRIVR, CARLISI,F" PA 170H, is scheduled to be sold at the Sheriffs Sale on SF,PTF,MRF,R 6,2006, at 10:00 a.m.. in the CUMBERLAND County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $10R,942.7R obtained by GMAC MORTGAGF, 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., 3129.3. NOTICF, OF OWNF,R'S RIGHTS yon MA Y HE ART ,E TO PREVENT THIS SHERIFF'S SAT ,R To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 56J-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.) VOlT MAV STlT,I, DR ADl.R TO SAVF. VOlTR PROPRRTY AND VOlT HAVF. OTHRR RIGHTS RVF.N IFTHR SHRRIFF'S SAI,R nORS TAKR PI,ACK 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. Lawyer Referral Service: Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 \ J,EGAJ, DESCRIPTION ALL THAT CERTAIN tract of land situate in ~the Borough of Carlisle, Cumberland County, Pennsylvania more fully bounded and described as follows: BEGINNING at a point on the Northern dedicated right of way line of 60 fOOl wide Redwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said dividing line and through the party wall dividing the double dwelling erected on said Lots Nos. 68 and 69 and beyond. North 19 degrees 22 minutes 00 seconds F..a.~t 127.486 feet to a point; thence along the land now or formerly of the Borough of Carlisle, South 37 degrees 29 minutes 35 seconds East, 35.698 feet to a point; thence along the dividing line between Lots Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on the Northern dedicated right of way liRe of Redwood Drive; thence along said right of way North 76 degrees 38 minutes 00 seconds West, 85.00 feet to a point. the place of beginning. BEING further described as Lot No. 69 011 the Subdivision Plan No. 4 for Northfield) prepared by Stephen G. Fisber, R.S. dated February 21, 1986 and recorded in Cumberland County Plan Book 47 t page 199. TITLE TO SAID PREMISES IS VESTED IN Paul A. MaBizzio and Michelle R. MaJlizzio, his wife by Deed from Joseph W. Fry and Joan B. Fry, his wife dated 4/18/1997 and recorded 5/5/1997 in Record Book J57 page 120. Premises being: 1154 REDWOOD DRIVE CARLISLE, P A 17013 Tax Parcel No. 06-18-1373-020 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4654 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From PAUL A. MALLIZZIO A/KIA PAUL A. CLIFFORD AND MICHELLE R. MALLIZZIO A/KIA MICHELE R. MALLIZZIO A/KIA MICHELE R. CLIFFORD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $108,942.78 L.L. Interest FROM 11/10/04 TO 9/6106 - PER DIEM $17.91 - $11,928.06 Atty's Comm % Due Prothy $1.00 Atty Paid $1076.31 Other Costs ADD'L COSTS ~ $4,703.25 Plaintiff Paid Date: MAY 31, 2006 fns R. WNG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: SUITE 1400 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 ~ @B c:::::::J C::!!::I c==. (.-wi) Real Estate Sale # 70 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 1154 Redwood Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: I ~" '-...J.. t \.J () '-^"t cJ VVLCU/l Real Estate Sergeant ......., = <:::> 0- ;') ~a .:t-r; :::; ::'] L. c:: <= , N ')r7} -.! -.-: :-)~ C) -U) :-.::;:: .~n, :<3: .." :;g.." J> -.9 N ~ \. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a 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 The Patriot- News and The Sunday Patriot-News 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of 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. PUBLICATION COpy S ALE #70 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 ~~~)A.,~ r- NOTA~AlSEAL ""'I' LOIS E. SNYDER. Notary Public i Carlisle Bora, Cumberland Count)1 I J 1v1'I Commission Expires MFlrch 5, ~'!., ~oor"""""""'-- I~...XA - ..."...,...~-*,,~~ . REAL ESTATE SALE NO. 70 Writ No. 2004-4654 Civil GMAC Mortgage Corporation vs. Paul A. Mallizzio a/k/a Paul A. Clifford and Michelle R Mallizzio a/k/ a Michele R Mallizzio a/k/ a Michele R Clifford Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL mAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania more fully bounded and described as follows: BEGINNING at a point on the Northern dedicated right of way line of 60 foot wide Redwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter men- tioned Subdivision Plan; thence along said dividing line and through the party wall dividing the double dwelling erected on said Lots Nos. 68 and 69 and beyond, North 19 degrees 22 minutes 00 seconds East 127.486 feet to a point: thence along the land now or formerly of the Borough of Carlisle, South 37 degrees 29 minutes 35 seconds East, 35.698 feet to a point; thence along the dividing line between Lots Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 60 seconds West, 194.159 feet to a point on the Northern dedicated right of way line of Redwood Drive; thence along said right of way North 76 degrees 38 minutes 00 seconds West, 85.00 feet to a point, the place of begin- ning. BEING further described as Lot No. 69 on the Subdivision Plan No. 4 for Northfield, prepared by Stephen G. Fisher, RS. dated Feb- ruary 21, 1986 and recorded in Cumberland County Plan Book 47. page 199. TITLE TO SAID PREMISES IS VESTED IN Paul A. Mallizzio and Michelle R. Mallizzio. his wife by Deed from Joseph W. Fry and Joan B. Fry, his wife dated 4/18/1997 and recorded 5/5/1997 in Record Book 157 page 120. Premises being: 1154 Redwood Drive, Carlisle. PA 17013. Tax Parcel No. 06-18-1373-020. PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO.: 04-4654 Civil Term Paul A. Mallizzio AlKJ A Paul A. Clifford Michelle R. Mallizzio Defendants CUMBERLAND County PETITION TO CORRECT DEED PURSUANT TO PA.R.C.P.3135(b) AND SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO P A.R.C.P. 3118 TO CONFIRM SALE~ NUNC PRO TUNC AND NOW COMES Plaintiff, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby petitions this Court to confirm the September 6, 2006 Sheriff s Sale of 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises"), Nunc Pro Tunc, and issue corrective deed, and in support thereof avers the following: 1. On December 18, 1998, Defendants Paul A. Mallizzio and Michelle R. lv1allizzio, made, executed and delivered a Mortgage upon the premises at 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises"), to Aeeubanc Mortgage Corporation, which Mortgage was recorded on January 5, 1999 in the Office of the Recorder of Deeds of Cumberland County at Record Book 1511, Page 338. Said mortgage was subsequently assigned to Plaintiff by Assignment recorded on July 1. 1999 in the Office of the Recorder of Deeds of Cumberland County at Record Book 617, Page 1050. Attached hereto, made a part hereof and marked as Exhibit "A" are true and correct copies of the mortgage and assignment. 2. Defendants defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant foreclosure action. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of Plaintifr s Mortgage Foreclosure Complaint. 3. Defendants failed to respond to the Complaint, and a Default Judgment in the amount of One Hundred Eight Thousand, Nine Hundred Forty Two Dollars, and 78/1 00 ($108,942.78) was entered on November 17, 2004. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. Defendants filed a Chapter 13 Bankruptcy at Docket number 1 :05-00861 on February 17, 2005. Plaintiff obtained relief from automatic stay by order of Court dated March 1, 2006. Attached hereto, made part hereof, and marked as Exhibit "D" is true and correct copy of the Bankruptcy Relief Order. 5. Plaintiff obtained a Court Order dated August 21, 2006, ordering the Prothonotary to reassess the damages in this case for the amount of One Hundred Twenty Eight Thousand, Eighty Hundred Fifteen Dollars and 46/100 ($128,815.46). Attached hereto, made part hereof, and marked as Exhibit "E" is a true and correct copy of the Order reassessing damages. 6. Pursuant to a Writ of Execution, the Property was listed for Sheriff s Sale and Notice of Sheriffs Sale of Real Estate was sent to lien holders. Attached hereto, and marked as Exhibit "F" is a true and correct copy of Plaintiff's At1idavit pursuant to Pa.R.C.P., Rule 3129.1. 7. The Property was offered at Sheriffs Sale on September 6,2006 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. 8. In preparing the Sheriffs Deed, it was discovered that, as a result of the legal description provided by the title report utilized in the foreclosure, although the reference to the mortgaged premises and tax parcel number were correct, the Plaintiff s Writ of Execution, notice of sale, and advertisements, contained multiple deminimis typographical errors. Specifically: a. Paragraph 2, Line 4 incorrectly states, "... North 19 degrees 22 minutes 00 seconds East 127.486..." Line 4 should state, "... North 13 degrees 22 minutes 00 seconds East 127.436..." b. Paragraph 2, Line 5 incorrectly states, "... South 3 7 degrees 29 minutes 3 5 seconds East, 35.698 feet..." Line 4 should state, "... South 87 degrees 29 minutes 35 seconds East, 35.638..." c. Paragraph 2, Line 7 incorrectly states, "... minutes 60 seconds, West 194.159 feet to a point..." Line 7 should state, "... minutes 00 seconds West 134.150 feet to a point..." d. Paragraph 2, Line 8 incorrectly states, "...West 85.00 feet to a point..." Line 8 should state, "... West 35 feet to a point. . . " e. Paragraph 2, Line 10 incorrectly states, "".dated February 21, 1986..." Line 10 should state, "...dated February 21,1985..." and f. Paragraph 2, Line 11 incorrectly states, "... Book 47, Page 199..." Line 11 should state, "... Book 47, Page 198..." Attached hereto, made part hereof, and marked as Exhibit "0" IS a true and correct copy of the correct legal description. 9. All references to the address and tax parcel number of the mortgaged premises, i.e. 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, were consistent with the mortgage, notices, advertising, posting and publication in the foreclosure, but for the deminimis typographical errors. 10. It is believed, and therefore averred, that all parties, and assembled bidders of the sale recognized that the mortgaged premises at 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, was being offered for sale. 11. It is further believed and therefore averred that the relief requested will not prejudice the Defendants, as this case does not involve any dispute as to the title or identity of the property owned by the Defendants. Plaintiff s requested relief will restore title to the state which all interested parties originally intended. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiffs Petition and confirm the September 6, 2006 Sheriffs Sale of the property located at 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, Nunc Pro Tunc, and direct the Sheriff to issue a corrective Deed utilizing the correct legal description. Respectfully s . rea; . ) LLINAN & SCHM!:EG;'LLP By: Daniel G. Schmieg, BsQJ!irL___ J.D. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO.: 04-4654 Civil Term Paul A. Mallizzio AIK/ A Paul A. Clifford Michelle R. Mallizzio Defendants CUMBERLAND County MEMORANDUM OF LAW I. Factual Back2round: On December 18, 1998, Defendants Paul A. Mallizzio and Michelle R. Mallizzio, made, executed and delivered a Mortgage upon the premises at ] 154 Redwood Ori ve, City of Carlisle, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises"), to Accubanc Mortgage Corporation, which Mortgage was recorded on January 5, 1999 in the Office of the Recorder of Deeds of Cumberland County at Record Book 1511, Page 338. Said mortgage was subsequently assigned to Plaintiff by Assignment recorded on July 1, 1999 in the Office of the Recorder of Deeds of Cumberland County at Record Book 617, Page 1050. The Defendant defaulted on the mortgage and, as a result of said default, PlaintiiT initiated the instant foreclosure action. The Defendant failed to respond to the Complaint, and a Default Judgment in the amount of One lIundred Eight Thousand, Nine Hundred Forty Two Dollars, and 78/100 ($108,942.78) was entered on November ] 7. 2004. Notice of Sheriff's Sale of Real Estate was sent to all lien holders. Defendants filed a Chapter 13 Bankruptcy at Docket number 1 :05-00861 on February 17, 2005. Plaintiff obtained relief from automatic stay by order of Court dated March 1, 2006. Plaintiff obtained a Court Order dated August 21, 2006, ordering the Prothonotary to reassess the damages in this case for the amount of One Hundred Twenty Eight Thousand, Eighty Hundred Fifteen Dollars and 46/1 00 ($128,815.46). The Property was offered at Sheriffs Sale on September 6, 2006 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. Subsequent to the Sheriffs Sale, title to the property was to be vested in the name of Plaintiff, by Sheriffs Deed. In preparing the Sheriffs Deed, it was discovered that, as a result of the legal description provided by the title report utilized in the foreclosure, although the reference to the mortgaged premises and tax parcel number were correct, i.e. 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, the Plaintiff's Writ of Execution, notice of sale, and advertisements, contained multiple deminimis typographical errors. It is believed, and therefore averred, that all parties, and assembled bidders of the sale recognized that the mortgaged premises at 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, was being offered for sale. II. Lee:al Analvses: Pa.R.C.P. 3135 (B) provides as follows: "If the Sherin' has made a defective return of the execution proceeding or has executed a defective deed, including the erroneous description of the real estate, the court upon petition of the purchaser or the purchaser's successors in title may correct the return or deed or order that a new return or deed be executed. " Furthermore, Pa.R.C.P. 3118 is designed to gIve the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person. . . (l) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; . . . (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; . . . (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. 1. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, it is also clear that the mortgaged property at ] ] 54 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, was property of the Defendant( s) and subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), the court state that "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." In addition, it has been held that this Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Turner v. Hosteller, 359 Pa.Super.167, 518 A.2d 833 (1986). Moreover, it is well set1led that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). It is unnecessary to re-hold the sale as the correct address, tax parcel number, and for all intents and purposes, the correct legal description, were utilized throughout the sale in all notifications. There is little doubt that all parties did not know that the correct property was exposed at sale. Although there are multiple deminimis typographical errors in the metes and bounds description, the errors are not fatal as it did not create confusion in what was being offered for sale. Due to these factors the sale should be confirmed as held. This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Accordingly, Plaintiff respectfully requests this Honorable Court enter an Order to confirm the September 6, 2006 Sheriff s Sale of the property located at 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, Nunc Pro Tunc, and direct the Sheriff to issue a corrective Deed utilizing the correct legal description. Respectful -8~ N HALLINAN &d~HMIEG, LLP Dated: December 18, 2006 By: Daniel G. S . , sqUlre J.D. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff Exhibit "A" 06/141Z004 09:27 FAX ..1 ./ .. t MORTGAGE LOAN SERV .d~': .~~~~ ..::;,J . (j LA:) <t{c() :I , f I ',: Llan No:, OKK31353 BorrO\'~'er: PA~L.. A. MALLIZZIO l~' liox PlIfccl-rtl,ntlliclIl;Un Numhcrl\~~' \' \ . [' (I .; ,J '..._~:;~. '; I' : ~- :":. I 99 ,-;~1;J 5 Prl 3 36 I ~ ) l', Return to: ACCUBANC MORTGAGE CORPORATION P.O. BOX 809068 DALLAS, TEXAS 75380-9068 .JAN 1 5 [Space Above This Une For Recording Datal THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVJ.\L t:Jf, THI DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORlzr-r '.~N- MORTGAGE 0531394 THIS MORTGAGE ("Security Instrument") is given on the 18th day of December, 1998. The mortgagor is PAUL A. MALLIZZIO AND MICHELLE R. MALLIZZIO This Security Instrument is given to ACCUBANC MORTGAGE CORPORATION, A CORPORAl organized and existing under the laws of the State of TEXAS, and whose ~lddress is 12377 MERIT Dr-{' BOX 809089, DALLAS, TX 75251 Borrower owes Lender the principal sum of NINElY-NINE THOUSAND FIVE HUNDRED l' ~ j<" NO/IOO-----Dollars (U.S. $ 99,511.00.1. This debt is evidenced by Borrower's note dated the same d~: Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, t:u, January 1, 2029. This Security Instrument secures to Lender: (a) the repayment of the debt evidencei~ interest, and all renewals, extensions-:md modifications of the Note; (b) the payment of all other sum: advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performl:l!1c' covenants and agreements under th~ Security Instrument and the Note. For this purpose, Bom!wt mortgage, grant and convey to Lender the following described property located in the City CUMBERlAND County, Pennsylvani.a: SEE ATTACHED LEGAL PENNSYLVANIA VA MORTGAGiE Form 3039 9/90 {Page 1 Of ( ; t1. I" <;) 111111 111111/1111111111111111111111111111 ~11111I111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111I111111111111111111 Z25Y700X01300008831353 BOOK1511fAGEr 338 06/14/2004 09:27 FAX MORTGAGE LOAN SERV "((> "J which has the addrcs~ or 1154 REDWOOD DRIVE, J [Street Pcnnsvlvani:1 17013 . [Zip Code] T(KiETI!I:1{ WITH ,III the improvements now or hereafter erected on the property, and all easements, appu~tenapces, and fixtures now or hereafter a part of the pmpcrty. All replacements and additions shall also be covc:'cd by thIS Scc:-nty ln~trumcnl. Allor the roregoing is referred;o in this Security Instrument as the "Property." BORROWFR COVEt\Nfrs that Borrower is lawfully seised of the estate hereby conveyed and has the right to morlg<:lgc, grant and convey the Property and that the Property is unencumbered, ex~ept for encumbrances of ft'!", Borrower warrants and will defend generally the title to the Property against all claIms and demands, subJecr ' encumbrances of record. TIllS SITI.RITY hSTRtJ\1E:\T comhines uniform covenant." for national use and non-uniform covenants With JH\lItL,i variations by jurisdiction to constitute a uni1'{lrm security instrument covering real property. U~IFORM COVENA~TS. Borrower and Lender covenant:md agree as foHows: 1. Payment (If Principal and lntere.~t; Prepayment and Late Charges. Borrower shall promptly pay will the principal or and intcrc.';t on the debt evidenced by the Note and any prepayment and late charges due under the "".'1~ 2. Funds fur Taxes and Insurance. Suhject te ,I?plicab!e !a,-," or to a written waiver by Lender. BOITOW' ray 10 Lender on the day monthly payment" ,He due under the Note, until the Note is paid in full, ,1 sum CF\ !'," (a) yearly taxes and assessments which may ;jttain priority over this Security Instrument as a lien on the Prop' yearly leasehold payments or ground rent" on the Property, if any; (c) yearly hazard or propeity insurance prn'w yearly llood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and tt) any sums pay,j, Borro\ver to Lender. in accordance with the provisions of paragraph R, in lieu of the payment of mortgage m~ premiums. These ilems arc called "Escrow Items." Lender may, at any time, collect and hold Funds in an ;11"0 to exceed the maximum amount a lender tor a federally related mortgage loan may require for Borrower's escr; under the lederal Real Estate Settlement Procedures Act of 1974 a5 amended from time to time, 12 US.C ,~ ("'RESP A"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any and hold Fund, in .ill amount not to exceed the les~er amount. Lender may estimate the amount of Fund" dli'"~ hasi" or current data and reasonable estima1<;s of expenditures of future Escrow Items or othelWisc in accmd~i . appliC<ible law. The Fund, shall be held in an in"titution whose dcposiL" arc inwred hy a lCderal agem.y, instrumentali:) (induding Lender, ir Lender is such an institution) or in any Fcdcwl Home Loan Bank. Lender shall apply to pay the Escrow Items. Lender may not c:1arge Borrower for holding and applying the Funds, annually ml(j" l j: escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time independent real estate tax reporting service used by Lender in connection with this loan, unless appliC<lbk otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be pay Borrower any interest or earnings on th{: Funds. Borrower and Lender may agree in writing, however, th:1" shaU be ptiid on the Funds. Lender shall g:ve to Borrower, without charge, an annual accounting of the Fund~, " credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds;) 1 as additional security for all sums secured by this Security Instrument. If the Fund" held by Lender exceed the amount,> permitted to be held by applicable law, Lender shall Borrower for the excess Fund'i in accordanc<: with the requirements of applicable law. If the amount of the FU.t ' ?y Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in \;vrltm,i~ In such case Borrower shall pay to Lender (he amount necessary to make up the deficiency. Borrower shH!l ,,>1 the deficiency in no more than twelve mont,ly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to RH any Fund~ held hy Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior 'I iH:quisition or sale or the Property, shall apply any Funds held by Lender at the time of acql~isition or sale ;1 Hgainst the sums secured by this Security InHrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lcnde paragraphs 1 and 2 shall he applied: first, to any prepayment charges due under the Note; second, to amoum~ under paragraph 2: third, to interest due; t:Ounh, to principal due; and last, to any late charges due under the [City) ("Property Address"); CARLISLE, nOUK 151t PAGE. 339 Form 3C?39 9/90 (Page 2 0/ 7 j-';.1<j<c,,) 06/14/2004 09:28 FAX MORTGAGE LOAN SERV (T. r1~~~, . ~:;, ;,,;1 D(\' : !): 957 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions uttnhv i' ; , to the Property which may (IttHin priority over thL'i Security Instrument, and leasehold pa~m~nt!; or ground Ie, ., any. Borrower shall pay these obligations in the manner provided in paragr<lph 2. or if not .paId In that manner,. B:)1" .,.... sha~ rHY them on iime directly to the persor owe<l payment. Borrower shall promptly furrush to Lender aU n?tlo.s ,:nount<; to he paid under this pmagraph. If Borrower makes these payments directly, Borrower shall promptly lUfmst: ~ender receipts evidencing the payments. . Borrower shall promptly discharge any lien which hm, priorily over this Secunty Instrument unless Bon',.wer: (~I) aurccs in writ ing \0 the payment or th<;: obligation secured by the lien in a manner a~ceptabl~ to. Lender; (b , "tests In g~od l~lith the lien hy, or defends against enforcement of the lien in, legal proceedmg~ which In the Lennu,~ Jpinion operHle to prevent the enforcement of the lien; or (c) secures from the hol?er of the hen an aweeme:nt s:~tjS' I "ory to Lender subordin,ltin1! the lien to this Security Instrument. If Lender determmes that any part of the Prolw Jhject to a lien which may ~ttain priority over this Security Instrument, Lender may give B?rr?wer a notic~ltlcn' lien. Borrower shall satisfy the lien or take one or more of the actions set 1'orth above wlthm 10 days ot (he gl' '; f)tice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or heF,,!' ecteu on the Property insured against loss ~y fire, hazards included within the term "extended coverage" and any ., Ii j',..ards, including floods or tlooding, for which Lender requires insurance. This insurance shall be maintained ,)unts and for the periods that Lender reql'Jires. The insurance carrier providing the insurance shall be chosen 'J'y ~ower suhje<.:t to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain CO"C!lg! :ribed ahove, Lender may, at Lender's option, ohtain coverage to protect Lender's rights in the Property in;in~ . with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standardlw Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall prornpli,y all receipts of paiel premiums and renewal notices. In the event of loss, Borrower shall give promp' insurance carrier and Lender. Lender may make proof of loss if not made promptly by B~rrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to rei,'); of the Property damaged, if the restoration or repair is economically feasible and Lender's se<.:urity is restoration or repair is not economically feasible or Lender's security would be lessened, the insurano applied to the sums secured by this Security Instrument, whether or not then due, with any excess pdI<l <. i Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurw.' offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the pruce'S restore the Property or to pay sums :S.~cured by this Security Instrument, whether or not then dueTtv will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prindpal 'in or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the ,\" payments. If under paragraph 21 the: Property is acquired by Lender, Borrower's right to any instle: {.\ proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to tht: secured by this Security Instrument immediately prior to the acquL'iition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowerls Lo.., Leaseholds. Borrower shall occupy, (~stablish, and use the Property as Borrower's principal residence ')flU after the eXet."Ution of this Security Instrument and shall continue to occupy the Property as Borrower's for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which cor .' unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control not de.'itroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Pwpe, shall be in default if any forfeiture ac-jon or proceeding, whether civil or criminal, is begun th2t in Lend~i judgment could result in forfeiture of the Property or otherwise materially impair the lien created by is Instrument or Lender's security intere:it. Borrower may cure such a default and reinstate, as provided ;1 hy causing the action or proceeding to be dismissed with a ruling th~lt, in Lender's good faith detemmm;l ., forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by ,.' In.'\lrument or Lender's ~et.\Jrity interest. Borrower shall al<;o be in default if Borrower, during the loan appliclI gave materially ral~e or inaccurate inf:nmation or statements to Lender (or failed to provide Lender 'WIt information) in connection with the loan evidenced by the Note, including, but not limited to, represenLal'.' Borrower's occupam..}' of the Property as a principal residence. If this Security Instrument is on a 1easeh,,: shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold '\"'! title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rinhts In the Property. If Borrower fails to perform the covenants aou ~~, contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's fT,h Property (such as a proceeding in ba::tu-uptcy, probate, for condemnation or forfeiture or to enforce laws oreg then Lender may do and pay for whatever is necessary to protect the value of the Property and LendeJ ' \.' Property. Lender'!; actions may include paying any sum'i secured by a lien which has priority over this Secumv ' 'lment, l:Ippearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Althougn u:nder may take action under this paragraph 7, Lender does not have to do so. Loan i':lo: ()KK~ 1353 . BOU K 1511 fAG~ 340 Form 3039 9/90 (Page " , :J use. .;nder .... the ~pair the be If has or lod nd he .nJ ins I i ~ on; ays . nee be naIl ,wcr laith " ..:urity \ 18, Ides .lrity ; (:.e..'iS, erial ning lower ; Ie fee mcnts n the \tions), ,In the Pages) 06/14/2004 09:28 FAX MORTGAGE LOAN SERV ( , Any amounts di!.burscd by Lender ur.eer this 'paragraph 7 shall becoI?e additional debt of Bor~o:ver S~ClP',' I this Security Instrument. Unless Borrower and Lender agree to other t~rm~ at payment, th~e aI?ounts shall beM 11:1" from the date or dishursement at thc Note rate and shall he payahle, with Il1tcrcst, upon nollCC trom Lender to Burp requesting payment. . . . . . . 8. Mortguge Insurance. If Lender r'~qujred mortgage Insuram:e, as .a conditlon ot ~akmg the .loan secuH:,' . this Security Instrument, Borrower shall pay th~ p!emium\ required to mmntam the mort,gage. InSurance m e~ect. 1,(.' ;mv reason, the mortgage insurancc coverage r~ulfed hy Lender lapses or ceases. to be m effec.t, Bon:owe~, shi:dl p<1f' lIe premiums required to ohtain coverage substantially equivalent t.o the mortga~e ms~ran~~ preYlously In effect, at t'lo' "uhstantially ctjuivcdcnt to the rust to Borrower or the mortgage Insurance prevlou~ly m. clted, tr?m an <Ilternatc mcr~g..l!!c insurer approved hy Lender, If substantially equivalent mortgage insurance ~overage 1S not ~vmlabl~l Bor:o,;cr sh"IL ,'< 10 Lender ciH.:h month a sum equal to one-twelfth of the yearly mortgage msurance premIUm b,emg pmd oy BOHO\\it'T when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use a~d retaIn these 'paym~nt\ ,I loss reserve in lieu of mortgage insurance. Loss reserve payments may no Longer ~e reqUlrc.:d, at the o~tlOn (It 1A if mortgage insurance coverage (in the amount and for the period that Lender requ~es) proV1~ed by an l~ure'i'r)' hv Lender a!!ain becomes available and is ob':aincd, Borrower shall pay the premiUms reqUired to mamtmn ell insurance in ~clTcct, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordnm.'< any written a\.!rcement between Borrower arid Lender or applicable law. . 9. In~pecti()l1. Lender or its agent may make reasonable entrics upon and inspections of the Property shall l!ive Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspecUon. .... 10. Condemnation. The proceeds ot' any award or claim for damages, direct or consequential, in connect\l)r vii ,my condemmttion or other taking of any pari of the Property, or for conveyance in lieu of condemnation, Hn;' h,' I assigned and shall he paid to Lcnder. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by th: Instrument, whcther or not then due, with any excess paid to Borrower. In the event of a partial taking of the in which the fair market value of the Property immediately before the taking is equal to or greater than the <1<'\01 the ~um'i sccured hy thi-; Security In'itrumcnt immediately before the taking, unless Borrower and Lender otheNv'1S( in writing, the sum" secured by this Security Irstrument shall be reduced by the amount of the procced". multlllw' following fraction: (a) the total amount of th<~ SUIIlS secured immediately before the taking, divided by (b) th~; value or the Property immediately before the taking. Any balance shall be paid to Borrower. In the eveD~ taking of the Property in which the fair market value of the Property immediately before the taking is k~',2 amount of the sums secured immediately bclhre the taking, unless Borrower and Lender otherwise ~Igree in wnt\:, unless applicahle IClw otherwise provides, the proceeds shall be applied to the sums secured by this Security Ins' whether or not the sums are then due. If the Property is abandoned by Bor:-ower, or if, after notice by Lender to Borrower that the conden!" 10 make an <l\....ard or settle a claim for damages, Borrower tails to re.'ipond to Lender within 30 days after -';"",1 notice i" given, Lender is authorized to collect and apply the proceeds, at iL" option, either to restoration or repd; " Properly or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shnll or postpone the due datc of the monthly payment') referred to in paragraphs 1 and 2 or change the ane payments. n. Borrower Not Released; Forbe~lrance By Lender Not a Waiver. Extension of the time forl':i) modilication of amortization of the sums secured by thi,; Security Instrument granted by Lender to any successor ;r of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest, ". r shaU not be required to commence proceedings against any successor in interest or refuse to extend time iOlm otherwise modify amortization of the sums :wcured by this Security Instrument by reason of any demand ,wut, original Borrower or Borrower's successors in nterest. Any forbearance by Lender in exercising any right or n:.ml not be a waiver of or preclude the exercise (If any right Or remedy. 12. Successors and Assigns Bound; Joint and Several Liahility; Co-signers. The covenants and agrC'['H' of tl~i~ Security Instrumcnt shall bind and b(~nefit the successors and assigns of Lender and Borrower, subj~ct :, >\.." p.rovISIO,nS of p~lragraph 17. Borrower's CQVf.nant'i and agreements shall be joint and several. Any Borro\ver/ 11 slgns thls Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to GOn',i grant and convey that Borrower's interest in tr.C Property under the term'i of this Security Instrument; (b) is not tH~10ll' ohltgmed to pay the sums secured by this Security Instrumenl; and (c) agrees that Lender and any other Borro\;wy r:\ agree to extend, modit)r, forbear or make any ac<.:ommodatioT1'i with regard to the terms of this Security lT1'itrumf'n Note without that Borrower's consent. 13. Loan Chnrges. If the loan secured by thi~ Security Instrument is subject to a law which scts I1mxim. loan charges, and that law is finally interpret(~d so that thc interest or other loan charges collected or to be coLle.ded connection with the loan exceed the permitt,ed limits, then: (a) any such loan charge shall be reduced by the ,W\", necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which ;.;;x...cew permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal Owe, under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be [(rJk . a~ a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deliver,ng I oy mailing it by llrst dass mail unless applicable law requires use of another method. The notice shall be directed' Properly Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be ,W\.fl fir;o;l ~Ia."s J!lail. to Lender's ~ddress stated herein or any other addre~s Lender designates by notice to Borrower..Cui" IYOVlded tor In thIS SCl;unty fnstrumcnt shall be deemed to have heen given to Borrower or Lender when provided in this paragraph. n~(JK 1!511 PAG~ 341 Form 3039 9/9~ (Page 4 of 7 PDJ " " ~~ : 06/14/2004 09:29 FAX MORTGAGE LOAN SERV f4J006 (~lr. ~:. . '.:.:. ~I.'- :::, I\~~ Loan t:Jo: OXX313,53 Data ID: 957 15. G()vcrnin~ Law; Sevemhili.ty. Thi.. Sc<:urity In..trument :\ha~l. he governed hy. re~eral la~ and the law of th~ jurisdiction in which the Properly L'\ loc:lted. In the event t~.at any provL"lo~. or da~se. ot thIS .SecuTlty Instrument or the Note conllicts with applicable law, such connict shall not aUect other proVISIOns of. ~hls Secur~ty lnstr~ment or the Note which can he. given effect without the contlicting provision. To this end the prOVISIons of thIS Secunty Instrument and the Note arc declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security In'\trument. 17. Transfer of the Property or a Beneficial Interest in 8(Jrrow~r. If all or any part of the Propert;: or any interest in it is sold or transferred (or if a beneficial interest in Borrow~r IS s?ld or tr~ns~erred ~nd Borrower. IS not a. natural person) without Lender's prior written consent, Lender may, at Its option, reqUire .Immedlate paym~nt 10 f~lI ~t all sums secured hy this Security Ins1rument. However, this option shall not be exercIsed by Lender If exercIse IS prohihited hy federal law as of the date of this Security Instrument. ., . . . If Lender exercises this option, Lender shall give Borrower notIce of acceleratIon. The notice shall proVIde a period of not less than 3() days from the date the notice is delivered or mai1e~ within whic~ B<?rrow~r ':lust ~ay all sum" sccurcd hy this Security Instrument. If Borrower fails to pay these sums pnor to the expIration 01 thls penod, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrumem discontinued at any time prior to the earlier of: (a) 5 days (or such other .peri<?d as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contamed In this Security In~trument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sum~which then would be duc under this Security In.'\trument and the Note as if no acceleration had occurred; (h) cures any default of any other covenants or agreements; (c) pays all expen~es incurred in enforcing this Security Instrument, inc.uding, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonahly require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's ohligation to pay the sums secured by thi'\ Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of ,acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a parlial interest in the 80te (together with this Security In'ltrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrow~r will be given written notice of the change in accordance with paragraph 14 ahove and applicable law. The notice will l;tate the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone el..e to do, anything affecting the Propeny that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, .or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance or the Property. Borrower shall promptly give ].."ender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory a~efi(:y or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. A... used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law anc the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. A'i u....ed in this paragraph 20, "Environmental Law" mC<ln'i federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-U~'HFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Accele.......tion; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to acceleration under paragraph 17 unless applicahle law provides otherwise). Lender shall notify Ilorrower of, among other things: (n) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in Hcceleration of the sums secured by this Security Instrument, foreclosure by judicial proceedin~ and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert, in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and fOI'cclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may .~oreclose. this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred m pursumg the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permittt,:l by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate c;onvey~d shall terminate and b<~come void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Without charge to Borrower. Borrower shall pay any recordation costs. BCIOK1511 PAGE. 342 Form 3039 9/9D (Page 5 of 7 Pages) 06/14/2004 09:29 FAX MORTGAGE LOAN SERV @007 23. Waivers. Borrower:; to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and herehy waives the benefit of any present or future laws providing ror stCiY of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provitled in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If:my of the debt secured by this Security Instrument is lent to Borrower to ..lc4uirc title to the Property, this Security InHrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in ..in <tction of mortgage foreclosure shall be the rale payable from time to time under the Note. 27. Accdenttioll Clause. Borrower agrees that should the Department of Veterans Affairs fail or refuse to issue its guaranty or the loan secured by this Security Instrument under the provisions of the Servicemen's Readjustment Act of 1944, 3S amcntlcd, in the amount of the Note secured hereby, within 60 days from the date the loan would normally become eligible for such guaranty, Lender :r.ay, at its option, to be exercised at any time thereafter, declare all sums secured by this Security Instrument immediately due and payable. 28. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with thi... Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreemenL'i of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(cs)] o Adjustuole Rate Rider [] Condominium Rider o Graduated Payment Rider [] Planned Unit Development Rider D Balloon Rider CI Rate Improvement Rider [RJ Other(s) Ispecify] A~sumability p,)licy Rider o 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider By SIG~L,\(j BELOW, Borrower accepts and agrees 10 the term<; and covenants contained in this Security Instrument <lnd in any rider(s) executed by Borrower ani recorded with it. Witnesses:.---- /(""",' -- '. '11" ~ /' / I ! i ( (LV j~ ~. I L.~ 41::.. r7 0.7J-j ...............~...................... ........ .:J t i, l tI GJ,' d i~ 1\1 ~ i- ,C ~.............i;;i~~~d..N~;~~.. ..... .....................................................................p;i~~~d..N~~~ <... ')) -;, lbt.. /~1 .... ,. \ . t:::... c.;.,......."'-.... "-" , ............., .~_.g................. ........ J.~... ..... ............ ........ ........ (Sea 1) PAUL A. MALLIZZIO -Borrower Il..lLU..\:;L~\f.....t.J.lJf~..(..~..L.~. dl' MICHELLE R. MALLIZZIO -Borrower . j \, Beo:1511 PAGE. 343 Form 3039 9/90 (Page 6 of 7 Pages) t 06/14/2004 09:29 FAX MORTGAGE LOAN SERV 141 008 .1', 'j;;: . .~~: LU;ln ~o: {)XX31:'."1 Data ID: 957 [Space Below This line For Acknowledgment] S t<l tl: () r County of ~: ~_; ..( ,r 1): L- A-i'--') -....;. ). l..' I ...." . On this the ( c. day of C) 0 Lt: )v\f> ~ It.. undcr~igned officer. personally appearctl PAUL A. MALLlZZIO AND MICHELLE R. MALLIZZIO known to me (or sr.llisr'lctorily proven) to he the persons whose names arc subscrihed acknowledged that they executed the same for the purposes therein contained. ~ ~ s s (l~~' I 19~, before me, , the to the within instrument and In \\'itness whercof hereunto set my h<-.nd and oITi<.:i<d seal. (Sc<.lI) f---- " NCn)Ii~I/;L '~E,. , ' 'f:1 i,'Arcl1J . r::'" ,. v ~ . ....t\..L !, A ~f.\JI fL'" No!''', U hi' i "... I" I " I., (u i' ,'Jull; "'.tliE., !dl,13?w.. C.iil1li)erl~fii(j COl.li~'I! f~;). l.UJllillSSIOII :.X[)![(JS NliV 1 t: 1 r',(.,' ........~~w.~l1'T'I ,.. . ,J .' r. ~~- ~ 4 la"....".",.... .' \. '., l ~ ," .," -- . ..... ......- ~-o:.~ry Pu~lic \\ ~. . ~. ..", . ...-." ;~tpr1pted ,Name Y " " .. ,'. ... ~ . "-.,. Of' . . My commission expires: . ,t.).. ~ .' , _~ ____ .'" . .' ~ I certify thHt the precise residence c;nd address of the within-named Lender is: ACCUBANC MOFlr(1AGE" CORPORATION. 12377 MERIT DRIVE, #600, P.O. BOX 8090R9, DALLAS, TX 75251 '--, C\, If'/ ili,kL- (Agent on behalf of Le Signature: .aouk151ipAGFr 344 Form 3039. 9/90 (Page 7 of 7 Pages) 06/14/2004 09:30 FAX MORTGAGE LOAN SERV 141 009 i.~~~ :J ':;~i ALL that certain tJ'act of land situate in the Borough of Carlisle, Cwnberland County, Pennsylvania, more fully bOlUlded and described as follows: BEGINNING at a point on the northern dedicated right-oC-way line of60 foot wide Re'dwood Drive at the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said dividing line, and U:.rough the party.wall4i'(i~g }~~ d9~b\e, d:-ve.1lipg F~~Jr~ <;>n said Lots Nos. 68 and 69, and beyond, North 18 degrees 22 minutes 00 8~ond8 East/127.436 feet to's point; thence along the lands now or formerly of the Borough of Carlisle, South 87 degrees'29 minutes 85 seconds'East, 85.638 feet to a point; thence along the dividing line betwe~!r~~,1'l~~. ~8 8J!.d 69 on wo-PIari;' South 13 degrees 22 minutes 00 seconds West, 134.150 feet to a point on the northern dedicated right-or-way line of Redwood Drive; thence a1~ng Haid right-of-way ~~, ff~rU~ .7p q~~~e.8,~.~ ~I}!l.t~..8 00 seconds West, 36.00 feet to a point, the Place orBj~GINNING. . .' r '.' ,__., ...1./ . I.... I " .. \ '.'."." . 1 . a. I , . ,. '.. . ,..l'. f \ . . -,' ; I BEING further described as Lot No. 69 on the Subdivision Pl.~, ~o~ ~ f~f~~~tiin~ldf rprepared by Stephen G. Fisher, as., dated .February 21, 1985, and recorded in CwnberIand COunty Plan Book 47, Page 198. '. "'r(. . Drive. AND BEING improved with an attached dwelling house known and numbered as 1164 Redwood BOUK1.s11pl1~ 345 06/14/2004 09:30 FAX MORTGAGE LOAN SERV I4J 010 .' i: .,;(,; . ~:. . ~~ "~t ..' Loan No: Bo rrow(' r: ()~KlI353 PAUL A. MALLlZZIO Data ID: 957 ASSUMABILITY POLICY RIDER THIS A<.;SD1ABILITY POLICY RIDER is made on this 18th day of December, 1998, and is incorporated into and shull he deemed to amend and supplement the Mortgage, Deed of Trust, Deed to Secure Debt or other such security instrument (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrowei:'~; Notc(s) (the "Note") to ACCUBANC MORTGAGE CORPORATION (the "Lender") of the same dale and covering the property described in the Security In:nrument (the "Property") Hnd located at: 1154 REDWOOD DRIVE CARLISLE, PENNSYLVANIA 17013 In addition to the covem:.nts and agreements made in the Security Instrument, Borrower further covcmmts and agrees as followl': 1. Acceleration. The Note may, at the option of the Lender or the holder of the Note or its authorized agent (collectively, the "Note Holder"), bccome immediately due and payable upon transfer of the Property to any transferee, unless the acceptability of the assumption of the Note obligation is established pursuant to Section 3714 of Ch2pter 37, Title 38, United Stales Code. 2. Funding Fee, A fee .~quallo one-half of one percent (0.5%) of the b..-\iam.:e of the Note as of the date of tf<lnsfer of the Property shall be payable to the Note Holder, as trustee for \he Department of Veteran." Amlirs. If the assuming transferee failo; to pay th~" fee at the time of transfer, the fee shall constitute an additional debt to that already secured by the Security Instrument, shall bear interest at the rate provided in the Note, and, at the option of the Note Holder, shall be immediately due and payable. This fee is automatically waived if the assuming transferee is ex:empt under Section 3729(c) of Chapter 37, Title 38, United States Code. 3. Processing Charge. Upon application for approval to allow assumption of the No.e obligation, a processing fee may be charged by the Note Holder fOf determining the creditworthiness of the assuming transferee and subsequently revbing the Note Holder's ownership records when an approved lransfcr of the Property is completed. The a nount of this charge shall not exceed the maximum established by the Department of Vetenms Affairs for a loan to which Section 3714 of Chapter 37, Title 3}), United States Code, applies. 4, Indemnity Liability. If the Note obligation is assumed, the assuming transferee shall agree to assume all of the obligations of Ihc Borrower under the term!> or the Note, the Security Instrument and any other instruments creating or securing the Note, including the obligation of the Veteran to indemnilj the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created or evidenced by the Note or Security Instrument. VA DUE ON SALE Page 1 of 2 111111111I1111111111111111111111111111111111111111111111I11111111111111111111111111111111111111111111I111111111111111111 Z25Y700X01350008831353 BOUK 1511 fAG[,. 346 06/14/2004 09:30 FAX MORTGAGE LOAN SERV ! ,. All other terms and provisions of the Security [nstrumcnl ~nd any riders thereto shall remain in full force and effect. By Signing Below, Borrower accepts and agrees to the terms and covenants contained in this A'\sumahility Policy Rider. 5 ~~ t-\~; ~ \~} ~ ~ 1 J c.:l :- ..~ ~i. 0 \,';.l cD '. ." t '..1.i U." I.l-. r; 'Z <; (~'t\ ( ~~ ( ~,' .:1-1..}. ('e'-, r-. ('" , "\p'Ai;iL'A"i~XALLiiZi6~-iB~~~'~~~';'''''' ..........( ~IAlL N\~...Si..\:~:.\:\.r.....I.~:...D.{J..~(Cic>ra\)/' U:1VlIC1\I6LLE R. MALLIZZIO -Borrow~r ( (1:. ~ ' \~. .. .fa .. .r-. ....: .>/', ,10" I.:.. . \ ... .",". r ... "'J ~. ~.~.~~. .."':~/..~ .. ~ ':-'..:<..,;:..: '.~.' :; .",,' ~.~ · ..~ I : ",t . " ...._>-. ; ,;.r: .)'., .'..:. ~ ,....... . .. ..,..,. .,I ~""c;;:~~'i:':'~ ':a'-d} 8() t~ . .),).\ \. JI c- >1/ ~,~~~ t~~~l~'~;'~'f?;~')c;' ,-'. ')f" "';:j u.L .\t, -'Y 1 't' - ~I ""' ~ i' ,:' '. - ~.i{l . '.) \~\. "\ ~...J, 01' ~1tf~1 ~f cffic j)f .,.. (':f' n ';~.:.."'!.. p _..::-.~ay:~L; .1~ I . . . ..... ". ""1:"..........,... ~ .. { :0 -"-"'''.- .. \~ ~ .- .;.. Record::! ...-- \~ \. u... '(j~ ,~ l '; ,!. .,~ . '"t. c, t--. ....... LV) (~:'.'~ - ~/i '. .....t- V \.J' . <9: ">'\''''c ~ '.', (,. vr \..." ~..., "'J.. <Y "to ~ Page 2 '11 ,~ ,BOUK15i1PAG~ 3~7 06/14/2004 09:30 FAX MORTGAGE LOAN SERV IdJ012 Parcel Identifier Number: Data ID: 957 Loan No: 08831353 Borrower: PAUL A. MALLlZZIO Product Code: V A-01 :. ASSIGNMENT'OF SECURI1Y INSTRUMENT D;'ltC: Decemher 18, 1998, to be effective the Date of FilinglRecording Owner and Holder of Security Instrument ("Holder"): ACCUBANC MORTGAGE CORPORATION, A Corporation, which is organized and existing under the laws of the State of TEXAS Ac;signee (Induding Mailing Address): Security Instrument is described as follows: . Date: Decemt er 18, 1998 Original Amount: S 99,51:..00 Borrower: PAUL A. MALLIZZIO AND MICHELLE R. MALLIZZIO Lender: ACCUBANC MORTGAGE CORPORATION Mortgage Recorded or Filed on as Instrumcnt!Document No. in Book , Page of Official Records in thE: County Recorder's or Clerk's Office of CUMBERLAND County, PENNSYLVANI~ - Property (induding any improvement~.) Subject to Lien: SEE ATTACHED LEGAL 11111111II11111111111111111111111111111111111111111111111111I1111111111111111111111111111111111111111I111111111111111111 Z25Y700X00750008831353 (Page 1 of 2) ASSIGNLN1 06/14/2004 09:30 FAX MORTGAGE LOAN SERV For value rc<.:ch'~d. Holder :-;c11s, transi'lI's, assic.ns, ~rants and <.:OIlVl'\'S the Security Instrument amI the "lu;. i)cd thc.:n.:in, .111 uf Hollkr's right, title and inlcrc~t in~ the S<.:<.:llrity Inslrument and Now, anti all of HoJ]c' 11111 interest in the Property t(~ Assignee ~nd Assignee's SUl,;cessurs am.! assigns, forever. \\'11I:n \ he.: conlnl rl..'l/lI:n:s. singular I1IHlnS and proll/lUIlS incllllk the plural. IN WITNESS WHEREOF. Holder 1'~IS caused tht:sc presents to hc signed hy ils duly :llIthorizcl! if :'prlieahle, :1Ilt! III h<: ~lllesled and se:t1ed with Ihe Se~t1 of lite Corporalion. as may he required, (Sc:ll) ,_' .t.,~f " t 1tC'.", """11'.., .,< (\ ,,\ .{;'. L;..... i"; r(, ' " .a............n.. .---, ~ "'''''''''' " '?" .... ~" ....0.' :" oQ:~' ...... " - ...\........ \ ! ,-'0' \", rJ, I \.; .:, i r-~" ! .~ "/7, \ CO! ; t._;! /) (CJj I):> ': ~ CY.. \ "---. _...~ i <: E \0. .... ~ 1/ \. - / () f , L \.... ',i".' .' ~~., '_."'. ......'t ~ ,..... T e X J,& -!I .......... (':'\ ,.... '. t)LlC'I \ ~J .~ o all a ~t'fth... v V.,A.. t~'.'''''"'' ...1...'....'" hy: ACCliBANC 1\1~;/T(IA(iF c~~ .)RP RATIO;>" I. Y', '/ / .l/ L~-"~ ~ /AI/ ...L Jody love J Sup rvi sor (Printco Authorized Signer - ) SI:t1l' (11 Countv (lr ~ s ~ s BEI~'ORE 1\-1[:'. Illl~ 1IIldnsi~nl'c. a NOlar\' Puhlic in and for stlid Coullt\' and Slall:, \In Ihl' , :l;)pl..'ared Jody Love. Supe~rvi c,or , AI!t~nr i 7(='rl Si gner " ___ ~:Iw\\'n III me III h<.: till' Iwrsllll (In(1 o!'liccr whllse name is suhsnihl'lJ 10 the rllrq~lling inslrulllcl! .<' ID me thaI lhl' ":11111..' \\'\lS I Ill' act Df till: s:dd ACCUBANC rvl0l{TG,\GE COt~PORATION, A h ('''~;ll1i/nl and l'xi...till!!. lllltkr 111e la,"s (If the SI:11L' (II' TEXAS. and Il1al (S)I1L' l':\l'l'ull'd I ilL' sam l'nrily /'Ill' II", j'UfjHht.:- and l"Pl1sid"r:llilln tlhTl:in l'~;prl'ssl'll. :IIHI ill !he C:lI':ll'ity lhnl'in "lall'tl. y J :h II (jIVE~ l.'\,[)ER 1'\'11' HA~D ,.\"'D SEAL or OFrlCE Ihi" ~ dtlY oDECE~f~ar~. ..-:~~ \)'\~ ,--.-.- NOI;lIy' PlIhlil: in and fllr My comlllission expires: Texas l. nil'\' 111;11 111L' IHl'\.'i~l' Il'~ilklll'l' ;ll1d ilddrl';;~ lli th\' ",illJin-llillllltl A""i~nl'c IS: ~i.!fnillllrc: (f\j.!L'llt on hl'1l:lIf of Ass gncc) ~".:-.!.:"~~ . , ....A,.~'\~:y~~'"' r... ~~~ I . ;.:):...~~ .,~~ ~ /.('~~~\~AShANNON M "(",: or ~'" 1,' ~ (:: {~? \~\, /Ii f "", tV' L " ! AM~ ~'~ .1 ~,~ ......if 1.;. o,ar~ PlJbltc .)I,11"'~.' ; I" .-, ..,. "/-l.. M _ BltiJS . ,,. \~~'-r"""""/ 'y '~omrr;';l1'l-n' ii~ '. ,,~, '7 :\.LJ" . r::'f,'/f'S I J '.~t~ '- I ...., U S T O{J I., r:.. :o:-.:r-.~',S~~~ ". ,J;')2 ~ ~~.stY'::,P'!~' (Page 2 of 2) IGNLN 06/14/2004 09:31 FAX MORTGAGE LOAN SERV 141 014 ,. :' . ALL that cerWln trect of land situnte in the Borough of Carlisle, Cwnberland Count.y ; Pennsylvnnin, more fully bot:nded and described fI.S foUows: BEGINNING at a point on the northern dedicnted right-oC-way line of 60 foot wide Redwood Drive al the divicling line between ~:..ot8 NaB. 69 and 70 on the herei.n.after mentioned Subdivision Plan; thence along said dlvicling line, and through the part~.w~ cfi0~gJ9~ d?~b\e. ~~~)lipg r~~J~~ ~n said Lots Nos. 68 and 69, and beyond, North 13 degrees 22 mmutea 00 seconds Ea.st,-'127.438 feet to'a pomt; thence along the lLUlds now or formerly of L1e Borough of Carlisle, South 87 degreeB '29 minutes 35 BeCond8'East, 35.638 feet to a point; thence along t.he dividing line betwe~!J'~~,l{l?~' ~8 8ll~..69 on 5a1a'PIim~' South 13 degrees 22 minutes 00 aecondB West, 134.150 feet to a point on the northern dedicated right-or.way line of Redwood Drive; thence a1!Jng said right.or'~ay ,~~, ~~r~h"'!j~ 4~.~~e.B;,?~ ~?t9..B 00 seconds.'West, 35.00 feet to a point, the Place of BEGINNING. . . .' r . '.' ..:.. .\.(., . "....: . . . I .. . I ..o.~ ( . , I 1 . . I , . f 4. ... '1"-: f , ~ , ... '.., I ... ,', f..,....; "~ BEING fW"ther described as Lot No. 69 on the Subdlvision Plan No.4 for'Northfield, :prepared by . , . ., ., " .' .. Stephen G. Fisher, as., dated February 21, 1985, and recorded in Cumberlano County Plan Book 47, Page 198. '. :'"" Drive. AND BEING improved with an attached dwelling house known and nw:nbered a.B 1154 Redwood "i" .~. ., . . . Exhibit "B" FEDERMAN AND PHELAN, LLP By: f'RANK 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, P A 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRlSE ROAD SUITE 150 HORSHAM, PA 19044-0969 COURT OF COMMON PLEA,,- CIVIL DIVISION Plaintiff TERM NO. OY -J..ft:.ry (:1 .~ .,~ v. CUMBERLAND COUNTY PAUL A. MALLIZZIO AlKJA PAUL A. CLlFFORD MICHELLE R. MALLIZZIO 1154 REDWOOD DRIVE, CARLISLE, P A 17013 Defendants """r... \j f-=f;:~ "1 ~~(-.. ~:::::c; FEDERMA~A@ A1TORNEYalE l, > You have been sued in court. If you wish to defend against the claimfl~~~{\ ' following pages, you must take action within twenty (20) days after this complaint and nntIl, served, by entering a written appearance personally or by attorney and filing in writing with I hi court your defenses or objections to the claims set forth against you. You are warned that \ fail to do so the case may proceed without you and a judgment may be entered against you \ court without further notice for any money claimed in the complaint or for any other claim ,.', relief requested by the plaintiff. You may lose money or property or other rights important tu you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU LJ( NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA W\F P IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AH \ ,I TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER FEb~~~A~E~bCp~E&*IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . ATTORNEY FilE COpy Lawyer Referral Service PLEASE RETURN Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Cis -.,,' ~:.: NOTICE M,9,' , hW'i, e~, ^,li3I,',rl,'~ ~,o,"', W1lhl. ~Ui, wry (F<I,!J. to ' a a tp~~ ~orrfJCt, ' .., ~ 0,' " C,Opy of thr., '.aJ fl '. ~ j:fC E' 'R~" ed 0 t ,rpf'f'Jj'" ,',',i u:: "'" ,fA ., ' '-"'''''-..1 :,' , < ~'-I 'li'f"':!)\} r~ t~r'\ .:"~ '" ~~*EJ' t: File #: 92266 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 (2 I 5) 563-7000 ATTORNEY FOR PLAINTUF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 COURT OF COMMON PLEA \.; CIVIL DIVISION TERM Plaintiff v. NO. cm1BERLAND COUNTY PAUL A. MALLIZZIO NKJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO 1154 REDWOOD DRIVE, CARLISLE, PAl 7013 Defendants 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 1m following pages, you must take action within twenty (20) days after this complaint and notlet served, by entering a written appearance personally or by attorney and filing in writing WIth court your defenses or objections to the claims set forth against you. You are warned that ;f fail to do so the case may proceed without you and a judgment may be entered against you court without further notice for any money claimed in the complaint or for any other claim relief requested by the plaintiff. You may lose money or property or other rights important tc you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D~ NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA W'fER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABI, l 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, P A 17013 (800)990-9108 Ne hereby certify thf] Nithin to be a tr14~ and correct copy of thi originaJ fiJed of reOOf'tl 1=EDERMAN AND PHr:]".,)~. File #: 92266 File #: 92266 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 OBT AIN AND PROVIDE DEFENDANT(S) "'1TH 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 }~ST ATE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL A. MALLIZZIO AlKJA PAUL A. CLIFFORD MICHELLE R. MALLIZZIO 1154 REDWOOD DRIVE, CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/18/1998 mortgagor(s) made, executed and delivered a mortgage upon the pH hereinafter described to ACCUBANC MORTGAGE CORPORATION which mono is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage 1" No. 1511, Page: 338. By Assignment of Mortgage recorded 7/1/99 the mortgage W;J assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgagv I~ No. 617, Page 1050. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upun mortgage due 05/0 I /2003 and each month thereafter are due and unpaid, and by the of said mortgage, upon failure of mortgagor to make such payments after a date spc< ~ ;1. by written notice sent to Mortgagor, the entire principal balance and all interest dm thereon are collectible forthwith. File # 92266 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 09/15/2004 (Per Diem $18.16) Attorney's Fees Cumulative Late Charges 12/18/1998 to 09/15/2004 Cost of Suit and Title Search Subtotal $94,682. I 6 9,697.44 850.00 556.08 $ 750.00 $ 106,535.68 Escrow Credit Deficit Subtotal 0.00 1,390.14 $ 1,390.14 TOTAL $ 107,925.82 7. The attorney's fees set forth above are in conformity with the mortgage documents and PeIlllsylvania law, and will be collected in the event of a third party purchaser at Sheriff'" Sale. lfthe 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 sen' j the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided j) , said notice has terminated because Defendant(s) has/have failed to meet with the Platn1i, J or an authorized consumer credit counseling agency, or has/have been denied assistancL 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 sUP $ 107,925.82, together with interest from 09115/2004 at the rate of $18.16 per diem to the date, l! Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMA~PHELAN, ~~?/ '1 " By: /s/F anClS S. ~ ~' FRANK FEDERMAN, ESQUIRE LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File # 92266 LEGAL DESCRIPTION ALL that certain tract ofland situate in the Borough of Carlisle, Cumberland County, Pennsylvania, n1(,rr, h bounded and described as follows: BEGINNING at a point on the northern dedicated right-of-way line of 60 foot wide Redwood Drive H i 11( dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Subdivision Plan; thence along said ,Ii '. (II, and through the party wall dividing the double dwelling erected on said Lots Nos. 68 and 69, and beyond, Nutl degrees 22 minutes 00 seconds East, 127.436 feet to a point; thence along the lands now or formerly of the n.; , Carlisle, South 87 degrees 29 minutes 35 seconds East, 35.638 feet to a point; thence along the dividing lim Nos. 68 and 69 on said Plan, South 13 degrees 22 minutes 00 seconds West, 134.150 feet to a point on the ., dedicated right-of-way line of Redwood Drive; thence along right-of-way line, North 76 degrees 38 minurc) ',ij West, 35.00 feet to a point, the Place of BEGINNING. BEING further described as Lot No. 69 on the Subdivision Plan NO.4 for Northfield, prepared by ~[q;l" Fisher, R.S., dated February 21, 1985, and recorded in Cumberland County Plan Book 47, Page 198. AND BEING improved with an attached dwelling house known and numbered as 1154 Redwood l AND BEING the same tract of land which Lettermen, Inc., by Deed dated February 26, 1987 and Cumberland County Deed Book M', Volume 32, Page 1052, granted and conveyed to Joseph W. Fry and Xi' Grantors herein. AND the said Grantors will warrant specially the property hereby conveyed. PROPERTY BEING: 1154 REDWOOD DRIVE File #: 92266 VERIFICATION Robert Lelli hereby states that he/she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he, '1,_ authorized to take this Verification, and that the statements made in the foregoing Civil Achul, Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and The undersigned understands that this statement is made subject to the penalties of 18 Pa. C,~ 4904 relating to unsworn falsification to authorities. M ' /tIt , DATE: ~/11 !f)4 ~ . # . Exhibit "c" FEDERMAN PHELAN, LLP By: DANIEb G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY HORSHAM, P A 19044-0969 COURT OF COMMON PLEAS V Plaintiff, ~~ jl.~IO~ :~) . '. ~". vf',c-:r.: wif ';ij~~4654 CIVIL TE~ ' PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORELL:' : , , MICHELLE R. MALLIZZIO AlK/A MICHELE R. MALLIZZIO A/KJA MICHELE R. CLIFFORD 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 A. MAIJ:, I / AfKJA PAUL A. CLIFFORD and MICHELLE R. MALLIZZIO AfKJA MICHELE R. MALLIZZIO AlKJA MICHELE R. CLIFFORD, Defendant(s) for failure to file an AnSWI,' Plaintiffs Complaint within 20 days from service thereof and for Forec1osureand Sale of the ;\Jj premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/15/04 to 11/9/04 TOTAL $107,925.82 $1,016.96 $108,942.78 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown abl (2) that notice has been given in accordance with Rule 237.1, copy attached. )l-i~-O~ ll, q l +0 7 Co~~ ~G.~ DANIEL G. SCHMIEG, ,QUIRE Attorney for Plaintiff q"G- OCQ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: >>Ot) 17. d..Dljf 4:7(j3.dD . " . . Exhibit "D" . . UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: MICHELLE R. MALLIZZIO a/k/a MICHELLE R. CLIFFORD, Debtor CHAPTER 13 CASE NO: 1-05-bk-00861 MDF GMAC MORTGAGE CORPORATION, Movant v. MICHELLE R. MALLIZZIO a/k/a MICHELLE R. CLIFFORD CHARLES 1. DeHART, III, TRUSTEE, Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion ofGMAC Mortgage Corporation (Movant), and aflr' Notice of Default and the fIling of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as providl~' by 11 V.S.C. 362 is modified with respect to premises, 1154 Redwood Drive, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to aHo\\- ' Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sait purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and GMAC Mortgage Corporation may immediately enforce and implement this Order granting Relieffrom the Automatic Stay. B,Y t]leCOln1~ 4'- ''', _.f<- ?:/:;r~Ji~ .>,p <~n. ~. Dated: March 1,2006 This electronic order is signed an d filed on the same date. . . Exhibit "E" PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff AUG 1 8 200/ Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul A. Mallizzio, a/kJa Paul A. Clifford Michelle R. Mallizzio Defendants No. 04-4654 Civil Term AND NOW, this :<.. JSTday of ,2006, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $18.05 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections Appraisal/B PO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $94,127.03 19,874.83 1,804.71 2,325.00 1,908.25 2,356.81 0.00 250.00 0.00 0.00 0.00 6.168.83 TOTAL $128,815.46 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 1. J. .. " .. Ii Exhibit "F" . , '. .GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO AfKf A MICHELE R. MALLIZZIO AfKf A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 NO. 04-4654 CIVIL F /,' L- f'" C: .,'!f1 ,.tj, ~,f,'; "" .,t;cf,J \;( " 'IiV- ~.i ,; Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1154 REDWOOD DRIVE, CARLISLE, P A 17013. 1. Name and address of Owner( s) or reputed Owner( s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) PAUL A. MALLIZZIO A/KJA PAUL A. CLIFFORD 2308 CHESTNUT STREET HARRISBURG, PA 17104 MICHELLE R. MALLIZZIO A!K/ A MICHELE R. MALLIZZIO A!K/A MICHELE R. CLIFFORD 1154 REDWOOD DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as Above 3. Name and 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 so indicate.) None Q>'Z ...,~~ "0"; C Cf..l~e i\' ~ ~ >1 ~ ~ ci.~fI) " - ...... - I-" 0 '" :z. N ...... 0 \0 00 --..) 0-. V\ ~ W N 0-' l'\) tIl = Cc >1 ~ It . ~o ~ Ii en.... & ~ ~c;t ~ or :t i n c ~~ "O~ S 0 ... .... 0:9- rR .1ft' ~i .!!{ "0 1'\ Z 3 n ~ ~ ~. :S. ::I tJQ ~[&gii;l g g ~ a ~. ~ I!.~.gac~ (g~g...3P. 8"'" it S' a ~l:i~ ag. _oac:rso ~ ~. ~ g~' ::I ~ fA~' O''d S, O-f.,)=:$gCl>< '^ "" t: '< l" ~f8a-'~e- .... <;> S' ~ A ~. 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Y 31 2006 \ \. \ (h "<l?; ~ ~ MAlLED FROM ZIPCODf. 19103 ,~~..~. . ~=l-/V ~.....O~n ~~;~~ ~-..J)oQr-< ~t.t~> "CIo::sZ a:l:t(')~ p I:J ('lI "'dl%ja >. ~ ~ to, ~ a. 2 ....4&00> Sgg.'Z ~CD~~ ~.~ '~.OOi ~ = ." ~i (J)QC') 4J''' ~ C/) ~ p..~"'d ~ t-4 ~ Q ~ ~ l-n g ... "" .. . Exhibit "G" . " ALL that ~~rtain tract of land situate in the Borough or Cnrliale. Cumberland County, Pennsylvania.. more fully bounded and deScribeQ as followv: B.eGINNING at e. point on the north.ern dedie.o.ted right-or-wu.y line of60 Coot wide Redwood Drive at the dividing line between Lob Nos. 69 and 70 on the hereinafter mentioned SubdiviGion Plan, thence oJon<< said dividing line, and through the party w.u dividing the double dwelling erected on said Lots Nos- 68 and 69. and beyond, North 18 degrees 22 minutes 00 seconds East. 127.436 feet to II. point; thence along the lands now or rorm~..ly of the Borough of Carlisle, South 87 de~ee.J 29 minutes 35 8eCOIlds East. 35.638 reel. to a pointi thence along the dividing line between Lots.Nos. 68 and 69 on said Plan. South 13 degreeu 22 minutes 00 o~onda West. 134.150 t'ell!!t to ... point on the northern dedicated rigbt-of-.way line or Redwood Drive, thence along &aid right-oC-way line, North 76 degrees 38 minutes 00 seconda WeISt. 36.00 feet to a point. the Place of BEGINNING. BEING further' desc:ribed as Lot No. 69 on the Subdivision Plan No. '" {"or Nort.hfield. propared. by Stephen G. Fiuher, R.S., dated February 21. 1985. and r~rdec:l in Cumberland CoWlty Plan Book 47. Page 19B. Drive. AND BEING improved with am I\ttached dwelling house known and numbered as 1154 Redwood AND BEING the same traot of'lAIJ.d 'Whic:h Lettermen. Inc., by Deed dated Febrwuy 26, 1987. and recorded in Cum~rland County Deed Book "M". Volume 32. Page 1052. granted and c;:onveyed to Joseph w. Fry aqd Joan B. Fry. Grantors herein. ~ the said Gr.o.nt.ors will -we.rrant opedally the property hereby c:onveyed. . . .. - -- .~-. .~ - .-.- . . . - PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO.: 04-4654 Civil Term Paul A. Mallizzio AlKJ A Paul A. Clifford Michelle R. Mallizzio Defendants CUMBERLAN D County CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copies of the Plaintiffs Petition for Corrective Deed Pursuant to Rule 3135 (b) and Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sale, and Brief were served upon the following: Paul A. Mallizzio and Michelle R. Mallizzio 1154 Redwood Drive Carlisle, P A 17013 Office of the Sheriff Real Estate Coordinator Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Dated: ('"b /10 !VL.. By: ' Daniel G. I.D. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff VERIFICATION I, Daniel G. Schmieg, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sheriffs Sale, Nunc Pro Tunc, is true and correct to the best of my knowledge, information and belief. I am awarc that this verification is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Dated: December 18,2006 By: Daniel G. Schmieg, Esquire , I J.D. 62205 (...-- One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff iDEe 21 2006 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation CIVIL DIVISION Plaintiff v. NO.: 04-4654 Civil Term Paul A. Mallizzio AJKJ A Paul A. Clifford Michelle R. Mallizzio Defendants ORDER AND NOW, this 2 b\ day of Oa., 2006, upon consideration of Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sale, Nunc Pro Tunc, and any response thereto, it is hereby ORDERED and DECREED that: 1. The September 6,2006 Sheriff's sale of the property located 1154 Redwood Drive, City of Carlisle, Commonwealth of Pennsylvania, is confirmed; and 2. The Sheriff of Cumberland County is directed to issue a corrective Sheriff's Deed in accordance with this order, which deed will utilize the correct metes and bounds description, as more fully set forth in the legal description attached to Plaintiff's Petition as Exhibit "G." - ~ 9J - "'tr- ~ ~~ -<. -.( ~-v ~~ f.r t'~ ~~ ?ct j i: ~ ~ .... ~ ~ 0 c""' -n cr" .-\ c:? ::C -r. pi tT1 r-"- ("J '" ......., -" '~j i-""" , -- C) "'~ ~ "":1- "':? U1 tv COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 6th day of fum1 A.D., 2006, under and by virtue of a writ Execution issued on the 31st day of May, A.D., 202006, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number 4654, at the suit of GMAC Mtg Corp against Paul A Mallizzio aka Paul A Clifford & Michelle R Mallizzio aka Michele R Malizzio aka Michele R Clifford is duly recorded in Deed Book No. 278, Page 3077. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 31 day of ~ ,A.D. ;2..001 ~t3.~.~ ' Recorder of Deeds RIClOIdIr 01 Delda. CumbetIand ecuw,. ~ PA Uy CommissIon Exf*tllle Finlt MoIlday cI Jln.201O n ~ ~. duA