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Home My WebLink About06-1980 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id, No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ]))440 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM (?iu;l~EI.L~ CUMBERLAND COUNTY v. NO.O/.... - /9PO DEBRA L. BREWBAKER NKJ A DEBRA L. LANSER NKJA DEBRA L. SGRlGNOLl NKJ A DEBRA D, BREWBAKER NKJ A DEBRA A. BREWBAKER 920 WERTZVILLE ROAD ENOLA, PA 17025 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 133440 File #: 133440 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known addressees) of the Defendant(s) are: DEBRA L. BREWBAKER NKI A DEBRA L. LANSER NKIA DEBRA L. SGRIGNOLI NKJ A DEBRA D. BREWBAKER NKI A DEBRA A. BREWBAKER 920 WERTZVILLE ROAD ENOLA, P A 17025 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/17/2003 mortgagor(s) JEFFREY A, BREWBAKER and DEBRA L. BREWBAKER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1852, Page: 160, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 12/20/2005 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 #: 133440 6, The following amounts are due on the mortgage: Principal Balance Interest 11/20/2005 through 04/04/2006 (Per Diem $7,94) Attorney's Fees Cumulative Late Charges 10/17/2003 to 04/04/2006 Cost of Suit and Title Search Subtotal $31,314.45 1,079,84 1,250,00 9,26 $ 550,00 $ 34,203.55 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0,00 TOTAL $ 34,203,55 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, Notice ofIntention 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. Plaintiff hereby releases JEFFREY A. BREWBAKER, from liability for the debt secured by the mortgage, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 34,203.55, together with interest from 04/04/2006 at the rate of $7,94 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HAl).JNAN & SCHMIEG, LLP ~(""'/~-~' By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133440 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece ofIand situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz Associates, Inc" dated February 14, 1979. as follows: BEGINNING at a point on the South side ofWertzville Road, said point being 792.86 feet West of the Southwest comer of Magaro and Wertzville Roads; said point also being the western side of premises now or late of Oppel; thence along the western side of premises now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence still along said premises of Oppel South 41 degrees 11 minutes East 114,35 feet to a point on the northern side ofIand now or late ofJ,F. Rineer; thence along said premises South 54 degrees 17 minutes West 65.50 feet to comer of premises now or late of Tascher; thence along said premises North 33 degrees 43 minutes 6 seconds West 338,24 feet to a point on the South side ofWertzville Road, aforesaid; thence along the same North 87 degrees East 151,20 feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known as No, 920 Wertzville Road and other out buildings. BEING THE SAME PREMISES granted and conveyed unto James A. Hostetler and Tara L. Hostetler, by Deed of Timothy E. Mellick and Patricia D. Mellick, dated May 30, 2001 and recorded June 1,2001 in the Cumberland County Recorder of Deeds in Deed Book 245, Page 941. PARCEL NO, 09-14-0836-140 File #: 133440 VF.RTFTCATTON FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa, R. C, p, 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief, Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel, The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, ~J)P, FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ I 1-\/ Ob r f-~" Cl '0 ,.-\ ^<'..., ,.r \1\ D -w. ,'-" ~ ;Q V( , ~ c.... t <:'\ ~"" . . __J :.t lfl. . -- ~~,~ ~ ., -4 ...{) (,,' '.:2. r- Ul c:.~' ..r::: ~ r ...a w ~ () 1:: -f- .~ ... PHELAN HALLINAN & SCHMIEG, L,L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff, , CUMBF1RLAND COUNTY COURT[ OF COMMON PLEAS CIVIL DIVISION v. DEBRA L. BREWBAKER A/K1A DEBRA L. LANSER A/KIA DEBRA L. SGRIGNOLI A/K1A DEBRA D. BREWBAKER A/KIA DEBRA A. BREWBAKER NO. 0611980 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and gainst DEBRA L. BREWBAKER AlKlA DEBRA L. LANSER AlKJA DEBRA L. S RIGNOLl AlKlA DEBRA D. BREWBAKER AIKIA DEBRA A. BREWBAKER and, Defend t(s) for failure to file an Answer to Plaintifl's Complaint within 20 days from service thereof and for For closure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 415106 to 5/23/06 TOTAL $3 ,203,55 381.12 $3 ,584.67 I hereby certify that (I) the addresses of the Plaintiff and Defe ant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy att ched, / DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: f'l'&y ~~t ':J..DDb . PHELAN HALLINAN & SCHMIEG, LLP " ... By; Lawrence T. Phelan, Esq" 1d. No, 32227 Francis S, Hallinan, Esq., Id, No, 62695 Daniel G. Schmieg, Esq., 1d, No. 62205 Philadelphia, P A 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff I ATTORNEY FOR PLtINTIFf I I I I ; COURT OF COMMON ~LEAS ; CIVIL DIVISION I I Vs, ; CUMBERLAND COUNty ; NO, 06-1980 CIVIL TE~ ,I" ,.j i $..... CQP1 DEBRA L. BREWBAKER AIKIA DEBRA L. LANSER AIKIA DEBRA L. SGRIGNOLl AIKIA DEBRA D, BREWBAKER AIKIA DEBRA A. BREWBAKER Defendants ~;,..'li I TO: DEBRA L. BREWBAKER AfKIA DEBRA L. LANSER AfKIA DEBRAIL. SGRIGNOLl AfKIA DEBRA D. BREWBAKER AfKIA DEBRA A. BREWBAKER , 920 WERTZVILLE ROAD I ENOLA, PA 17025 ' DATE OF NOTICE: MAY 4. 2006 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A EBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REF RRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR HAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS ORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COL ECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT OUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU AC WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WI HOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF OU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO LIGffiLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TI N 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRAN IS S, HALLINAN, ESQUIRE Attorn ys for Plaintiff . .... I I (Rule of Civil Procedure No. 236) - Rtised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION t. 500 ENTERPRISE ROAD, SUITE 150 CUMBE AND COUNTY COURT F COMMON PLEAS Plaintiff, CIVIL DIIVISION v. NO. 06-1 80 DEBRA L. BREWBAKER A/KJA DEBRA L. LANSER AlKlA DEBRA L. SGRIGNOLI A/KJA DEBRA D. BREWBAKER A/KJA DEBRA A. BREWBAKER Defendant(s). Notice is given that a Judgment in the above-captioned matter has be n entered against you on fIl':J Y do '), 200b, B~ f~1 If you have any questions concerning this matter, please contact: I "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVI USL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRE PONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Plaintiff, ! ! ATTORNEY ,OR PLAINTIFF ! ! I I CUMBE I AND COUNTY COURT ~ COMMON PLEAS CIVIL DItISION NO. 06-1910 ~~.. ..... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 v. DEBRA L. BREWBAKER A/K/A DEBRAL, LANSER A/K/A DEBRA L. SGRIGNOLl A/K/A DEBRA D. BREWBAKER A/K/A DEBRA A. BREWBAKER Defendant(s). VERIFICATION OF NON-MILITARY S RVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies th t he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has owledge of the following facts, to wit: (a) that the defendant(s) islare not in the Military or N al Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sai ors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant DEBRA L. BREWBAKER AlKJA DEBRA L. LANSER AlKJA DEBRA L. SGRIGNOLI AlKJA DEBRA D. BREW AKER AIKIA DEBRA A. BREWBAKER is over 18 years of age and resides at 20 WERTZVILLE ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa C,S, Section 4904 rel!lting to unsworn falsification to authorities,' t ~ \)+- ~ ~ 9J' ~ - ~ "'0 ~ ~ ,........., .- . . ~ (J -:0 '- B ?- ~ \rt t:: ~r Q c ~ ~ "'" d"" .-\ -:r:. 'X:-n ? Il'h; .-.:. :9,0 N .i.~)t} {.J ,.'1 -;c, 'L-n -_..- ()("'''') J~ 6(1'\ ::= "'" .- ~ c:> :-4 -I ~-< -c \~; ~~:~:' 1. , i PRAECIPE FOR WRIT OF EXECUTION - (MORTG~GE FORECLOSURE) P.R.C.P.3180-3183 i I GMAC MORTGAGE CORPORATION Plaintiff, v. No. 06-198 DEBRA L. BREWBAKER AlK/A DEBRA L. LANSER AfK/A DEBRA L. SGRIGNOLIA/KfA DEBRA D. BREWBAKER AlK/A DEBRA A. BREWBAKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY Issue writ of execution in the above matter: Amount Due $34, 84.67 Interest from 5/23/06 to 9/6/06 (per diem -$5,69) $ 03,14 and Costs TOTAL Add'l fees $35 187,81 $1 04,50 Note: Please attach description of property, No, IMPORTANT NOTICE: This property is sold at the plaintiff. It ma not be sold in the absence of the plaintiff at the Sheriff's Sale. The sale m stayed in the event that a representative of the present at the sale. irection of the a re resentative of st be postponed or plaintiff is not " ~ ~ i c:. ll"l ~ ~ t- ..... ~ <( Ilo <( ..( ~ S ~ ~ 0 . <( ~ ~ 'i "'.... %" g o~ ~ ~ ~~ ~~ U .... ~.~ ~ 0) ~"" .t:> ...~ ~a ~ 1lo<FJ ~~ ",.s ZZ 0 e o~ % a o~ <ft ~~ .., l~ c:.~ % u <(' ,;, ~~ ~&, P- ot;. ~ .. 0) ,,~ ~ u? ot "'0 c "a ",0 ou ~ ~c:. ~~ ~ '--j ~c:. ~ ~<( \ .\:l ~ s~ ...~ .;g ~ ~~ ~ .'< :;:l ... 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VH1. 11V NOlJ.dIlI:::>S':!IO I WRIT OF EXECUTION and/or ATTACHMEl'lT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1980 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CO$>ORA TION, Plaintiff (s) From DEBRA L. BREWBAKER AfKJA DEBRA L. LANSER AfKJA 1EBRA L. SGRIGNOLI AfKJA DEBRA D. BREWBAKER AfKJA DEBRA A. BREWBAKER (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 levie~ upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the g mishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering ny property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher tha he/she has been added as a garnishee and is enjoined as above stated. Amount Due $34,584.67 L.L. $.50 Interest FROM 5/23/06 TO 9/6/06 (pER DIEM - $5.69) - $603.14 AND C STS Ally's Comm % Due Prothy $1.00 Ally Paid $123.20 Other Costs ADD'L FE S - $1904.50 AND COSTS Plaintiffpaid Date: MAY 23, 2006 (Seal) Prothonotary By: Dep ty REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHlLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORN~Y FOR PLAINTIFF Plaintiff, CUMBE1 AND COUNTY COURTioi COMMON PLEAS GMAC MORTGAGE CORPORATION v. CIVIL SION DEBRA L. BREWBAKER AIKIA DEBRA L. LANSER AIKIA DEBRA L. SGRIGNOLl AIKIA DEBRA D. BREWBAKER AIKIA DEBRA A. BREWBAKER NO. 06 1980 Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies t at he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to t e provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C,S, S ction 4904 relating to unsworn falsification to authorities, , SCHMIEG, ESQ r Plaintiff ~ <?- ~ - 'P'~ .A. N (.,) '- c:_ ~~\ -'- q, ~~ ~':"."\!\ --)~,. (}~ o .."-\ ~ ~ -- - - CJ ....l Plaintiff, , I CUM.ERLAND COUNTY I CO T OF COMMON PLEAS . ... GMAC MORTGAGE CORPORATION v. DEBRA L. BREWBAKER A/KJA DEBRA L. LANSER A/KJA DEBRA L. SGRIGNOLI A/KJA DEBRA D. BREWBAKER A/KJA DEBRA A. BREWBAKER Defendant(s). AFFIDAVIT PURSUANT TO RUL 3129 (Affidavit No, I) GMAC MORTGAGE CORPORATION, Plaintiff in the above a tion, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the rit of Execution was filed the following information concerning the real property located at 920 ERTZVILLE ROAD ENOLA PA 17025. 1. Name and address ofOwner(s) or reputed OWner(s): Name Last Known Address (if address cannot be reasonably ascertain , please indicate) DEBRA L. BREWBAKER AlK/A DEBRA L. LANSER AlK/A DEBRA L. SGRIGNOLI AlK/A DEBRA D. BREWBAKER AlKlA DEBRA A. BREWBAKER 920 WERTZVILL ROAD ENOLA, PA 1702 2, Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose jud ent is a record lien on the real property to be sold: Name , Last Known Address if address cannot be reasonablyascertaine , please indicate) BUREAU OF COMPLIANCE, DEPT. 280946 HARRISBURG, P A 1712 r .... 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Ad&ess (if address cannot be reasonably ascert;ined, please indicate) 3200 PARK CE TER DRIVE, SUITE 150 COSTA MESA. C 92626 MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, DIBIA DITECH.COM MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, DIBIA DITECH.COM PO BOX 2026 FLINT, MI48501 5, Name and address of every other person who has any record lien n the property: Name Last Known Addr ss (if address cannot be reasonably ascerta ned, please indicate) None 6, Name and address of every other person who has any record inter st in the property and whose interest may be affected by the sale, Name Last Known Addre s (if address cannot be reasonablyascertai ed, please indicate) None 7, Name and address of every other person of whom the plaintiff has owledge who has any interest in the property which may be affected by the sale: Name Last Known Addres (if address cannot be reasonably ascertain d, please indicate) Tenant/Occupant 920 WERTZVILLE OAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover treet Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 5 I verify that the statements made in this affidavit are true and co t to the best of my personal knowledge or information and belief, I understandthat false statements herein are made subject to the penalties of18 Pa, C,S, Sec, 4904 relating to unsworn falsification to au horities, May 22. 2006 DATE .. , (') ,...., 0 = c = -n cr> -C)L' ::J:: ---I ;?~~;} :;Dl"' ffi-n -, r=' N --elm c:'? :00 ." W (~:-:~(~) ---- < --r-I-, ;,;;:.."" "','- ..,., -.-,. 0('') - ;:: {'11 )..,. ,.) s! 0 ~ ...... - .. v. CUMBE~AND COUNTY , No. 06-1180 GMAC MORTGAGE CORPORATION Plaintiff, DEBRA L. BREWBAKER A/K! A DEBRA L. LANSER AfKJA DEBRA L. SGRIGNOLl AfKJA DEBRA D. BREWBAKER AfKJA DEBRA A. BREWBAKER Defendant(s). May 22, 006 TO: DEBRA L. BREWBAKER AlKlA DEBRA L. LANSER AlKlA DEBRA D. BREWBAKER AfKIA DEBRA A. BREWBA 920 WERTZVILLE ROAD ENOLA, PA 17025 A DEBRA L. SGRIGNOLI R "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A EBT 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 S OULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN GAINST PROPERTY." Your house (real estate) at 920 WERTZVILLE ROAD EN LA PA 17025 is scheduled to be sold at the Sherifrs Sale on 9/6/06 at 10:00 a,m,' in the Cumberlan County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 34584.67 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you, In t e 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 RIGHT YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sherifrs Sale, you must take immediate actio 1. The sale will be cancelled if you pay to the mortgagee t e back payments, late charges, costs and reasonable attorney's fees due, To find out h w much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition ask ng the Court to strike or open the judgment, if the judgment was improperly entered. Yo may also ask the Court to postpone the sale for good cause, . 3, You may also be able to stop the sale through other leg proceedings, , , You may need an attorney to assert your rights, The sooner Lou contact one, the more chance you will have of stopping the sale, (See notice on page two on how 10 obtain an attorney,) I YOU MAY STILL BE ABLE TO SA VEYOUR PROPERTY A D YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLA E. 1. If the Sheriff's Sale is not stopped, your property will be s~ld to the highest bidder, You may find out the price bid by calling (215) 563-7000, i 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 Sherif you will remain the owner of the property as ifthe sale never happened, 5, You have the right to remain in the property until the full mount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer ma bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was pa d for your house, A schedule of distribution of the money bid for your house will be filed by the She ffwithin 30 days of the sale, This schedule will state who will be receiving that money, The money wi I be paid out in accordance with this schedule unless exceptions (reasons why the proposed distributio 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 g tting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP ONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P. IMPORTANT NOTICE: This property is sold at the direction of he plaintiff, It mav not be sold in the absence of a re resentative of the laintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the pi intiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY FERRAL CUMBERLAND COUNTY BAR ASSOC ATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTH CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .' DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Penn boro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a su ey by Gerrit J, Betz Associates, Inc., dated February 14,1979, as follows: BEGINNING at a point on the South side ofWertzville Road, s id point being 792,86 feet West of the Southwest corner of Magaro and Wertzyille Roads; said po' t also being the western side of premises now or late of Oppel; thence along the western side of pre 'ses now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence still along said premis s of Oppel South 41 degrees 11 minutes East 114,35 feet to a point onthe northern side of land now r late of J.F, Rineer; thence along said premises South 54 degrees 17 m,inutes West 65.50 feet to co er of premises now or late of Tascher; thence along said premises North 33 degre~s 43 minutes 6 sec nds West 338,24 feet to a point on the South side ofWertzville Road, aforesaid; thence along the ame North 87 degrees East 157,20 feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelli g lmown as No. 920 Wertzville Road and other out buildings, BEING THE SAME PREMISES granted and conveyed unto Ja Hostetler, by Deed of Timothy E, Mellick and Patricia D. Mellick, date June 1, 200 I in the Cumberland County Recorder of Deeds in Deed Bo PARCEL IDENTIFICATION NO: 09-14-0836-140 RECORD OWNER es A, Hostetler and Tara L. May 30, 200 I and recorded 245, Page 941. TITLE TO SAID PREMISES IS VESTED IN Debra L. Brewbaker, by eed from James A, Hostetler and Tara L. Hostetler, husband and wife, dated 7-20-01, recorded 7-24-01, in Deed Book 247, page 2815, Premises: 920 Wertzville Road, Enola,P A 17025 East Pennsboro, Cumberland County Pennsylvania o ~,::. l'" I. ,...., = ..~,;? c;r> :x: ;p. -< 1'-' W o -n -::l :::C-n flip -C1tTJ. -;'lc,-.I t;~(~) ~T:: :~~J 't~~ --I ?~ :< ~~~ c:> -J , l~ PLAINTIFF AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY / No. 06-1980 DEFENDANT(S) DEBRA L. BREWBAKER AIKIA DEBRA L. LANSER AIKIA DEBRA L. SGRIGNOLl AIKIA DEBRA D. BREWBAKER AIKIA DEBRA A. BREWBAKER ACCT. #8126765333 SERVE DEBRA L. BREWBAKER AIKIA DEBRAL. LANSER AIKIA DEBRA L. SGRIGNOLl AIKIA DEBRA D. BREWBAKER A/K1A DEBRA A. BREWBAKER AT 920 WERTZVILLE ROAD ENOLA, PA 17025 Type of Action .. Notice of Sheriff's Sale Sale Date: 9/6/06 '1 Served and made known to h e bl'G. at '.(J/I . o'clock/!...m., at q 20 SERVED J... Brew/bit/<: er, Defendant, on the werh..v,'I/'C Rd. 27t'" dayof~qy ,2~ , Commonwealth of Pennsylvania, in the manner described below: Defendant petsonally served. v Adult family member with whom Defendant(s) reside(s). N""", 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) 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 IfC-~ Height IT I WeigbtlLS: Race~Sex F Other I, _D C.VL' c!. /20 b efLt- J , a competent adult, being duly sworn according to law, depose and stale that I petsonally handed a true and correct copy of the Notice ofSherifrs Sale in the manner as setOforth herein, issued in the captioned case on the date and at the address indicated above. V-ANKS . r.... EXPIRES .a:\.l1 2Q09 By: E VICE AT LEAST 3 TIMES. INDICA TE DATES & TIMES OF SERVICE ATTEMPTED. f)~ ~ NOT SERVED On the day of , 200--, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant l't Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of ,200 . Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire.. I.D. No. 62205 "L< ""32 ~, "'" g; - <-'" 4 ~,- n 41 --\ ::r;-a n1.c ,.}(I.'1, "-"",,--, ;"',(1-\ '.-[i. ~ .--"" ;,->.(,~\ "'~1 \ . ',:-~:\ "". ~" -;.< - - o .r','- . SHERIFF'S RETURN - REGULAR CASE NO: 2006-01980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS BREWBAKER DEBRA L ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREWBAKER DEBRA L AKA DEBRA L LANSER AKA DEBRA L SGRIGNOLI the DEFENDANT , at 2035:00 HOURS, on the 13th day of April , 2006 at 920 WERTZVILLE ROAD ENOLA, PA 17025 by handing to DEBRA L BREWBAKER 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 So Answers: 18.00 13.20 .00 10.00 .00 41.20 ?'~-"'<~ R. Thomas Kline 5/19/0 , Sworn and Subscribed 04/17/2006 PHELAN HALLINAN SCHMIEG tO~fore By: me this day of ~~ Deputy Sher' f A.D, Prothonotary PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. 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 Debra L. Brewbaker, a/k/a Debra L. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, a/k/a Debra A. Brewbaker Defendant No. 06-1980 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: I. Plaintiff commenced this foreclosure action by filing a Complaint on April 6, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on May 23,2006 in the amount of $34,584.67. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3, The Property is listed for Sheriff's 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. 4. Additional sums have been incurred or expended on Defendant's behalf since the Complaint . was filed and Defendant has 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 $16.00 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc, Credits Escrow Deficit $31,314.45 2,250.47 177.98 1,675.00 1,197.00 1,441.20 0.00 0.00 0.00 0.00 0.00 0,00 TOTAL 538,056.10 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. 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 Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:~ Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquir Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Debra L. Brewbaker, a/k/a Debra L. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, i a/k/a Debra A. Brewbaker Defendant No. 06-1980 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant 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 920 Wertzville Road, Enola, P A 17025. 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 of the Mortgage. In the instant case, Defendant 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 Defendant credit for monthly payments tendered through bankruptcy, if any. . II. INTEREST The Mortgage clearly requires that the Defendant 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 ofthe impending Sheriff's sale has been requested. III. 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, Plaintiffs 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 tenns of the Mortgage. IV. A ITORNEY'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 offive percent of the 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 ofthe original mortgage amount is not unconscionable. 410 A.2d 344 CPa. Super. 1979). Recently, the Superior Court cited Fetner in confinning 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 CPa. Super. 1995). Importantly, 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 of a judgment 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 Corporation 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. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale i 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 Defendant 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 confonn to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's 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 mortgagor is 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 mortgagor has breached the tenns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses 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 of the 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 ofthe 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 & Schmieg, LLP Michele M. Bradford, Esqui Attorney for Plaintiff By: . . Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHll.ADELPHIA, PA 19103 (215) 563.7000 133440 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044.0969 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM d.o - \<:1 '80 NO. Ole. - 19ro C;U~('y~ CUMBERLAND COUNTY v. DEBRA L, BREWBAKER A/KJA DEBRA L. LANSER A/KJ A DEBRA L. SGRIGNOLl AlKJA DEBRA D. BREWBAKER A/KJA DEBRA A BREWBAKER 920 WERTZVILLE ROAD ENOLA, P A 17025 Defendants (") ~ "tli.ti n- v' ~{:~..' ....... ; I~ ~ ~ c::::. c:::::. 0"\ ~ ~ , ~ ~ :r~ rll...::....! -0 FT; :tlQ Ol. ..;J 4-' f3-:f .';;. c"5 orn ~ -< ?~ -14 CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE w co We hereby cerUiy IhG wfthln to be a true and COrrsct COpy 07 the '~fNed of Il8COrd "~LAH 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 ALA WYER, TIfIS 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. ~ ~~. ~~~ ~ ~~'V Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 ,~: File /#: 133440 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHIT..ADELPHIA, PA 19103 (215) 563-7000 133440 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIT.. DNISION TERM NO. CUMBERLAND COUNTY v. DEBRA L. BREWBAKER AIKJ A DEBRA L. LANSER AlKJA DEBRA L. SGRIGNOLI AIKJ A DEBRA D. BREWBAKER AIKJ A DEBRA A. BREWBAKER 920 WERTZVILLE ROAD ENOLA, PA 17025 Defendants CIVll.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 TIlE OFFICE SET FORTIl BELOW. THIS OFFICE CAN PROVIDE YOU WITIl INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE 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 File #: 133440 File #: 133440 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS 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 WRIITEN 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 AFfER 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 AITORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN AITEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: DEBRA L. BREWBAKER NKJA DEBRA L. LANSER NKJA DEBRA L. SGRIGNOLI NKJA DEBRA D. BREWBAKER NKJA DEBRA A. BREWBAKER 920 WERTZVILLE ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/17/2003 mortgagor(s) JEFFREY A. BREWBAKER and DEBRA L. BREWBAKER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1852, Page: 160. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 12/20/2005 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 #: 133440 6. The following amounts are due on the mortgage: Principal Balance Interest 11/20/2005 through 04/04/2006 (Per Diem $7.94) Attorney's Fees Cumulative Late Charges 10/17/2003 to 04/04/2006 Cost of Suit and Title Search Subtotal $31,314.45 1,079.84 1,250.00 9.26 $ 550.00 $ 34,203.55 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 34,203.55 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. Plaintiff hereby releases JEFFREY A. BREWBAKER, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 34,203.55, together with interest from 04/04/2006 at the rate of $7.94 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HA~AN & SCHMIEG, LLP ~'/:z..e~' By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133440 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz Associates, Inc., dated February 14, 1979, as follows: BEGINNING at a point on the South side ofWertzville Road, said point being 792.86 feet West of the Southwest comer of Magaro and Wertzville Roads; said point also being the western side of premises now or late of Oppel; thence along the western side of premises now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence still along said premises of Oppel South 41 degrees 11 minutes East 114.35 feet to a point on the northern side ofland now or late of IF. Rineer; thence along said premises South 54 degrees 17 minutes West 65.50 feet to comer of premises now or late of Tascher; thence along said premises North 33 degrees 43 minutes 6 seconds West 338.24 feet to a point on the South side ofWertzville Road, aforesaid; thence along the same North 87 degrees East 157.20 feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known as No. 920 Wertzville Road and other out buildings. BEING THE SAME PREMISES granted and conveyed unto James A. Hostetler and Tara L. Hostetler, by Deed of Timothy E. Mellick and Patricia D. Mellick, dated May 30, 2001 and recorded June 1,2001 in the Cumberland County Recorder of Deeds in Deed Book 245, Page 941. PARCEL NO. 09-14-0836-140 File #: 133440 VF.RIF1CA TfON FRANCISS. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and / correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~JJu. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ . . Exhibit "B" PHELAN BAUINAN " SCHMIEG, L.L.P. By: DANII1 G. SCUMlEG Id..tllk:atlOD No. 6ZZ05 Attoraey for PlaIatiff' . . ONE PENN CENTER AT SUBURBAN STATION 1617 JOlIN' F. KENNEDY BLVD., SUITE 1408 PBlLADELPmA,PA 1'103-1814 (215) S6,1.. "1000 \ . C) ~ ""Ol~ fTlrr. ""7'....., - ~f' C.()_~,.: ~l;'-.~ <-- 2::: -'. 6H ,~C; ~ '. GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 156 BORSIIAM, P A 19044 '" .., CUMBERLAND COUNTY COURT OF COMMON PLEAS . . . Plaintiff, crvn. DMSION NO. 06-1980 v. , .: DEBRA L. BREWBAKERAIKIA DEBRA L:, . LANSER AlKJA DEBRA L SGRlGNOLIAIKIA DEBRA D. BREWBAKER AIKIA DEBRA A~ BREWBAKER . . . . . . " 1 :' \ : DefeDdant(s). ; PRAECIPE FOR IN.REM ~GMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGE~ TO THE PROTHONOTARY: ! ! i ~, ~ ~21 ~ ~~ ~ ~.~ ~ ~ -J . Kindly enter an in rem judgment, in favor of tile Plaintiff and against DEB~ . I D'REWBAKERAIKIA DEBRA L. L~'~ ~A DEBRA L. SGRlGNOLI A DEBRA D. BREWBAKER AlKJA DEBRA ~ BREwBAKER aDel : Defendant(s) for failure to file an Answer to Plaintift's Complaint within 20 days ftom:'service th.~fand fOf Foreclosure and Sale orthe mortgaged premises, and assess Plaintift's damages as. foUow.s~: ,. . As set forth in Complaint Interest from 4/5/06 to 5/23/06 TOTAL C' ~,." \ ..,.......-' . . ~~ "... )'..,..' I hereby certifY that (I) the addr.es'9.f~e.P~tJ and Defendant(s) are as shown ~ve~ and (2) that notice has been given in accordance With..J.ble.:~3I 1, copy attached. . /',.. , $34.203.55 5381.12 $34,584.67 DAMAGES ARE IIBREBY ASSESSBDASINDJ~TBD. ~ DATE: ~,.J..~ ~ .. ~,~ i ' , ,'PRO OTBY ~~ t(1j\-M) 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:=4+ By: Phelan Hallinan & Schmieg, LLP ~cheleM. B~.D 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, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FORPLAmTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Debra L. Brewbaker, a/k/a Debra L. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, a/k/a Debra A. Brewbaker Defendant No. 06-1980 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 individual on the date indicated below. Debra L. Brewbaker, a/k/a Debra L. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, a/k/a Debra A. Brewbaker 920 Wertzville Road Enola, P A 17025 DATE: Phelan Hallinan & Schm;p8. 6 --- Michele M. Bradford, Esquire Attorney for Plaintiff By: n ( ('. '. ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Debra 1. Brewbaker, a/k/a Debra 1. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, a/k/a Debra A. Brewbaker Defendant No. 06-1980 RULE AND NOW, this zv-! day of (h,D"'^ ....... 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable OR th8 '20 ~J <>1W S)oJV;d. lilt) 6f 2996, at lR tbe 'Cumberland County Courthouse. Carlisle, P~1lRBylvania, J. J)\D O?t 04) 'fC:: ~n i : j ~ C ,"I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty, LD, No, 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Debra 1. Brewbaker, a/k/a Debra 1. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, a/k/a Debra A. Brewbaker Defendant No. 06-1980 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 of20 days after service has been served upon the following persons: Debra 1. Brewbaker, a/k/a Debra 1. Lanser, a/k/a Debra D. Sgrignoli, a/k/a Debra D. Brewbaker, a/k/a Debra A. Brewbaker 920 Wertzville Road Enola, P A 17025 Date: (3 /'1 ~ 11 I By: Michele M. Bradford, E qui Attorney for Plaintiff o c ~ -0 ("/..1 ....,,'C" -";J: ~-r'.-: /..,,',- (/:!cC ::.( ~" !2C ::B;c: ""'0 :<>c ~ ,. ~ ~ ~ ~1 ~ %~ c..:> "" ., ~ - ;:.c. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION DEBRA L. BREWBAKER AIK1A DEBRA L. LANSER AIK1A DEBRA L. SGRlGNOLl AIK1A DEBRA D. BREWBAKER AIK1A DEBRA A. BREWBAKER Defendant(s). NO. 06-1980 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for GMAC MORTGAGE CORPORATION hereby verifies that on MAY 24, 2006, JULY 26, 2006, JULY 27, 2006 AND AUGUST 7, 2007 trne and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Uenholder(s) and any known Interested party. . _...~ c:;~ , A=~ ~~ ~~~~:G, ESQUIRE J Date: AUGUST 14, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the pialntiff. It mav not be sold in the absence of a representative of the Dlaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the piaintiff is not present at the sale, u - il VI .t~ i i ~ ~ ~ ti: e I il ~ ~ ... I-.. il' ~ z ~ ~ s, J ~ - - l#J N :: Q \C 00 -I 0\ VI .... lH t-> if n s.t2 [=1 .. = .. .. 8. - su I.. ~si f ~~ii! rill> f~ l~l~ ~ 0 ,:....2 lI:I 0 "."'l~= ~ "l .r... > ~ .,,~!- "ll 0 ~ >B~~ > ~ JI. ~.... 2 ~ ~ l eo!- ; ~ ~ ~ i fi. ~ ~ I!; l ~,[;l i i" '" fIl .. ;: i i~~ ~. -': flI1Wl"~ ",-' ,...' g~0~~1801 0 $ 00.950' ' .'"OJ MAllEO FROM AUG 07 200 B II '. ZlPCOOE 19103 S,tif U - r ft. :;;: i:: ;;; - 0 t.- il "" - '" .. ... '" "" ... W N .. !. of! t'"' l r ~ au ~ ~~t'" % "'-0'" I "''''''i!i o"'i ii'::l" ! ~ ll, c.'-~~ l'lI . it st..... ~~i .r "g'- Ji':"l ~ ~ -~ ~iI':~ ~ ! K II.. ~ -".!i! ~!i! :!a."~ I e'" f" ~ n l r:llo Hi n ~ ~ . " R a,Ct> f J .... ... if ~ Ct> i ~ e, It - ll, g f. j I ~~ (U.t2..~~ 02 1M $00.950 ill! 0004218010 JUL 27 2006 MAILED FROM ZIP CODe 1 9 1 03 ii' 1\, '(h .. 'r;> 'it \~ i ~ ~ ~ ~ "'lI \~ ~ . ... t ~ "i. 0 , ~ \ \ '.t ... ... ,., ... i -.>-l ti~ ~ g. 1 ~...coo-lO\ <> V'\ .... WJ to.) ... ~lW ~~ \ \~t\ O~ \' ,.t~ ~t\) ~;\~ ~l~ J ~''- ~ ili t eii~ ~~ i \l\ ~ i '2.~ .~ ~ J ~ 1 f i ! i ~ i /'~ ~.. B~-:~O , ; . $ ~6 zoo~ oZ \V, 60\0 Jill;:.... \1I'0~ 0004Z' ~ -rl'CUOJ'" ~"IIi-O~ '.v'-"-o',,-: \y.....:.~j....t.., ,~ .....,;I~.:.. ""'. . ., '-', ~"~ f'"<,c ;.l' ...... '-<"-J l"'<\.'t<,:,.~, ~'~':-'.'\l't 'f"~J<"'" .------ , \ \ ... \I r u , - - t'" - ;:; - (; '" .00 .... .", u. .... S' :z '^ .... w - w " - " [C J )> ",ll, I ;:l. ,r CD z c 3 IT .. ~ n tI:Il:l tI:Il:l ~ 8 I z ~~ lilgJ . ['it ~ iI ~t ~~ ~ 0, > ~~ ~ il'o ~~ ~ oi ~ ~ J h ~i ~i ~ e '" l i~ iG ~ ::l . 0 ~ l '" ! '" '" en ~~ ~~ " ~ ~ ~ 0 iif ~ ~ ;>>>' I ~ ~ 'II tDt::l tI:IO ~ ~~ lilgJ ~~ <: ~ if ~~ j ; i ~r' ~~ &; Q ~~ ~ t::l i en ~~ ~ I j ~: !:l ~ ~~ ~! ~ - !iiH >' w t::l '" @ Z !ll >' 0 ;:;It!IlJ ~ [::tI:I :::; :IE ~ il.[h. trl~ 13 !'l ::c r ~r ~ '" ~ !!l 0,00 CIl ~ - ""....0 Q E;~ d.si i E . ~ ~ [:~ ~ i '" .-. ~ a trlQ 0 11<< lil' aZ i'llHi ~ lrl ~ . ~8 .~ i:. (8 ~ ~~ '" Co" ~ '8iii'i( :::;> -~ " so i ~ ~Iio, ~ u.gJ . . n 1 ~l ~ il.-i:i ~ " tI:I ;;; il" ~ '" "'~i >' aUi '" - -' I >' 0 - ::;; --> lll'll ~. - 0 ~ Jib . .-" ~p .,.:..... , ", .l;,: .' .' 4''Ill'1'O.9,.~ t s' . II' ..~ i .H , _fll.v~ ol~~ .._~~,~ ___ plTWnaowu ~ 8~ . 021A $ 01.250 - ~ 1~ 0004309625 MAY 24 2006 ; f"lll' MAILED FROM ZIP CODE 1 9' 03 ~ if , , I I I I I t I I r I ~ o~z "'-" \!l""S ::; ., .. ""~" ~ l ""-0"" e:~1l::I: Q;-.J tt1 t~i~ ".",,..,~ .P' . l> "'~~ >g~t"" _:;..t:l "'''~;'<; -Co"'> ~'< 50 Z ~1l'a.lll> ~E...", J::>.n::;J(J ~!~~ f!l ~ g .Cl rz fb t'" tsj- f--l l'J)~ ~ n8 . ~ ! ~ ~:..; . ,.., II i((~...,~ ", ~ ~ ~ Pm<<~fIQWG . .02 1M $ 00.950 00042t 801 0 JUL 28 2006 MAlLEDFROM Z1PCOOE 19103 I . , ....., ~ (') = = , c "" :r::!l s: >- ~CL~ C nhi ""\r"! (;") 2: ._~I,' "Ocr -::-, :n tiJ) > -.l 00 ~,., ~~ - ..,., -0 :t~ ).-=: ,~-: :J:: %:~-: 0 ~ :;;! S1 U1 ~ -.l I 1 -"- .. ~ PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Identification 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 Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Debra L. Brewbaker, a/kIa Debra L. Lanser, a1k/a Debra D. Sgrignoli, a1k/a Debra D. Brewbaker, a1k/a Debra A. Brewbaker Defendant No. 06-1980 PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on July 28, 2006. c) Michele M. Bradford, Esquire Attorney for Plaintiff "- ... .....~ PHELAN HALLINAN & SCHMIEG, LLP By: Michele M, Bradford, Esquire Identification 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 Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Debra L. Brewbaker, a1k/a Debra L. Lanser, a1k/a Debra D. Sgrignoli, a1k/a Debra D. Brewbaker, a1k/a Debra A. Brewbaker No. 06-1980 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages were sent via first class mail to the persons on the date listed below: Debra L. Brewbaker, aIkIa Debra L. Lanser, aIkIa Debra D. Sgrignoli, aIkIa Debra D. Brewbaker, a1k/a Debra A. Brewbaker 920 Wertzville Road Enola, P A 17025 DATE: qlll~ { '---- ---<1 Michele M. Bradford, EsquinY Attorney for Plaintiff By: ~, (,',:', G'~ --I ~ r~~ - I' . ~J ~) . , GMAC Mortgage Corporation VS Debra L. Brewbaker alk/a Debra L. Lanser alk/a Debra L. Sgrignoli alk/a Debra D. Brewbaker alk/a Debra A. Brewbaker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1980 Civil Term 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 Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 18.00 15.00 15.00 15.00 24.64 19.31 328.40 431.00 $ 917.85 y' 9. :1/-of, Qw- s<~~ R. Thomas Kline, Sheriff BN DWrS;oot~ Real Estate geant ~ ~ 1. ~-u"""" C-k... ~ ~I 0 R~. njUJ9 ." - , GMAC MORTGAGE CORPORATION . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DEBRA L. BREWBAKER A!K/A DEBRA L. LANSER A!K/A DEBRA L. SGRIGNOLI A!K/A DEBRA D. BREWBAKER A!K/A DEBRA A. BREWBAKER CIVIL DIVISION NO. 06-1980 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (M~da,vit No.1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthedate the 'Praecipe for the Writ of Execution was filed the following information concerning the real property located at 920 WERTZVILLE ROAD. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBRA L. BREWBAKER AlKJA DEBRA L. LANSER AlKJ A DEBRA L. SGRIGNOLI AlKJA DEBRA D. BREWBAKER AlKJA DEBRA A. BREWBAKER 920 WERTZVILLE ROAD ENOLA, PA 17025 2. Name and address ofDefendant(s) in thejudgm~nt: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name ; Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE, D,EPT. 280946 HARRISBURG, PA 17128 . . , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, D/B/A DITECH.COM 3200 PARK CENTER DRIVE, SUITE 150 COSTA MESA, CA 92626 MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, D/B/A DITECH.COM PO BOX 2026 FLINT, MI48501 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 ofwhoUl 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 920 WERTZVILLE ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare POBox 2675 Harrisburg, P A 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 m(lde subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unswom.falsification to authorities. May 22. 2006 DATE . GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 06-1980 DEBRA L. BREWBAKER A/KJA DEBRA L. LANSER A/KJA DEBRA L. SGRIGNOLIA/K/A DEBRA D. BREWBAKER AlK/A DEBRA A. BREWBAKER Defendant(s). May 22, 2006 TO: DEBRA L. BREWBAKER A/KJA DEBRA L. LANSER A/KJA DEBRA L. SGRIGNOLI AlK/A DEBRA D. BREWBAKER A/KJA DEBRA A. BREWBAKER 920 WERTZVILLE ROAD ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 920 WERTZVILLE ROAD. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on 9/6/06 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$34.584.67 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 proceedings. . You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyerpays 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 ti.~ne, 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 win be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 ... i,- --~ DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz Associates, Inc., dated February 14, 1979, as follows: BEGINNING at a point on the South side ofWertzville Road, said point being 792.86 feet West of the Southwest comer of Magaro and We,rtZyille Roads; said point also being the western side of premises now or late of Oppel; thence along the western side of premises now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence stilI along said premises of Oppel South 41 degrees 11 minutes East 114.35 feet to a point on the northern side ofland now or late of J.F, Rineer; thence along said premises South 54 degrees 17 minutes West65.50 feet to comer of premises now or late of Tascher; thence along said premises North 33 degre~s 43 minutes 6 seconds West 338.24 feet to a point on the South side ofWertzville Road, aforesaid; thence along the same North 87 degrees East 157.20 feet to the point and place of BEGINNING. HA VING thereon erected a two and one-half story frame dwelling known as No. 920 Wertzville Road and other out buildings. BEING THE SAME PREMISES granted and conveyed unto James A. Hostetler and Tara L. Hostetler, by Deed of Timothy E. Mellick and Patricia D. Mellick, dated May 30, 2001 and recorded June 1,2001 in the Cumberland County Recorder of Deeds in Deed Book 245, Page 941. PARCEL IDENTIFICATION NO: 09-14-0836-140 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Debra L. Brewbaker, by Deed from James A. Hostetler and Tara L. Hostetler, husband and wife, dated 7-20-01, recorded 7-24-01, in Deed Book 247, page 2815. Premises: 920 Wertzville Road, Enola,P A 17025 East Pennsboro, Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1980 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From DEBRA L. BREWBAKER A/K/A DEBRA L. LANSER AlK/A DEBRA L. SGRIGNOLl AlK/A DEBRA D. BREWBAKER A/K/A DEBRA A. BREWBAKER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $34,584.67 L.L. $.50 Interest FROM 5/23/06 TO 9/6/06 (PER DIEM - $5.69) - $603.14 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $123.20 Other Costs ADD'L FEES - $1904.50 AND COSTS Plaintiff Paid Date: MAY 23,2006 fLS RL~N~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 57 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 920 Wertzville Rd., Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: .J eeLA{ JVVlif~ Real Estate Sergeant zs :[ d t-jZ AVW qaOl % '01': i; ." .. , " .:J.:JJ~.3f.islj]!il;j'~ ijJjl~jj8:'; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. 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 r-- , i. LOIS E. SNYDER. Notary Public i Carlisle Boro, Cumberland Couniy ! My Commission Expires March 5, 2009 t..:oc;A(,r. REAL ESTATE SALE NO. 57 Writ No, 2006-1980 Civil GMAC Mortgage Corporation vs. Debra L, Brewbaker a/k/a Debra L. Lanser a/k/a Debra L. Sgrignoli a/k/ a Debra D. Brewbaker a/k/a Debra A. Brewbaker Atty.: Daniel G, Schmieg DESCRIITlON ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a sur- vey by Gerrit J. Betz Associates, lnc.. dated February 14, 1979, as follows: BEGINNING at a point on the South side of Wertzville Road, said point being 792.86 feet West of the Southwest corner of Magaro and Wertzville Roads; said point also being the western side of premises now or late of Oppel; thence along the western side of premises now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence still along said premises of Oppel South 41 degrees 11 minutes East 114,35 feet to a point on the north- ern side of land now or late of J.F. Rineer; thence along said premises South 54 degrees 17 minutes West 65.50 feet to comer of premises now or late ofTascher; thence along said premises North 33 degrees 43 min- utes 6 seconds West 338.24 feet to a point on the South side of Wertz- ville Road, aforesaid; thence along the same North 87 degrees East 157.20 feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known as No. 920 Wertzville Road and other out buildings, BEING THE SAME PREMISES granted and conveyed unto James A. Hostetler and Tara L. Hostetler, by Deed of Timothy E. Mellick and Patricia D. Mellick, dated May 30, 2001 and recorded June 1. 2001 in the Cumberland County Recorder of Deeds in Deed Book 245, Page 941. PARCEL IDENTIFICATION NO: 09-14-0836-140. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Debra L. Brewbaker, by Deed from James A. Hostetler and Tara L. Hostetler. husband and wife, dated 7-20-01, recorded 7-24- 01. in Deed Book 247, page 2815. Premises: 920 Wertzville Road, Enola, PA 17025 East Pennsboro, Cumberland County Pennsylvania. . . - - 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared 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 #57 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013