Loading...
HomeMy WebLinkAbout06-3565 . , 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 132554 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 A ITORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O{g- 3S~.s G..vJ. T~ CUMBERLAND COUNTY v. DANA ALAN CROSSON 11 ROOSEVELT STREET ENOLA,PA 17025 Defendant 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 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 #: 132554 . File #: 132554 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 CORPORA nON 500 ENTERPRISE ROAD SUITE ISO HORSHAM, P A 19044-0969 2. The name(s) and last known addressees) ofthe Defendant(s) are: DANA ALAN CROSSAN II ROOSEVELT STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/25/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONSUMER MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1858, Page: 2381. 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 03/0 I /2006 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 #: 132554 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 06/21/2006 (Per Diem $15.10) Attorney's Fees Cumulative Late Charges 03/25/2004 to 06/21/2006 Cost of Suit and Title Search Subtotal $91,829.46 2,129.10 1,250.00 70.94 $ 550.00 $ 95,829.50 Escrow Credit Deficit Subtotal TOTAL - 178.02 0.00 $- 178.02 $ 95,651.48 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 95,651.48, together with interest from 06/21/2006 at the rate of$15.10 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s2~s ~lln~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 132554 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the southwest corner ofPyne and Roosevelt Streets; thence west along Pyne Street 126.7 feet, more or less, to a ten feet alley; thence South 75 feet to an eight feet alley; thence 125 feet, more or less, to Roosevelt Street; thence North 75 feet to the place of BEGINNING. BEING Lot No. 51, 52 and 53 in Moltz's Addition to West Fairview, in Cumberland County Plan Book I, Page 2. SUBJECT, however, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, by Deed dated February 14,2002 and recorded February 19, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 2081, granted and conveyed unto John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, the Grantors herein. PROPERTY BEING: 11 ROOSEVELT STREET File #: 132554 .' VF.RTFrC' A TTON 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. 1)kL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1,,1 ~dCl~ I 1 ~ r~ ~ v\ } ......w -4;)- ... <" f:' f_ - .. -, ~ !'\. d -,. r C) <;:.: .-( r-<'t '.~ c:;. .::::;... (0 (c: f'.," N ~-:' 5 u:> .;:;, :< . . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identilication 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 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3565 DANA ALAN CROSSON 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 DANA ALAN CROSSON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/22/06 to 8/21/06 TOTAL $95,651.48 $921.1 0 $96,572.58 1 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. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DAlE ~ ;"txh -LJp--1:ttJ1;; , PRDPROT PHELAN HALLINAN & SCHMIEG, LLP -. By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DANA ALAN CROSSON Defendants : NO. 06-3565 TO: DANA ALAN CROSSON 5004 ERBS RIDGE ROAD MECHANICSBURG, P A 17050 DATE OF NOTICE: AUGUST 2. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT 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 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TJON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff '. 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 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3565 DANA ALAN CROSSON 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 of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DANA ALAN CROSSON is over 18 years of age and resides at, 5004 ERBS RIDGE ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~ ~ ~ - M ~ 1U' - ~ ooQ ~ ... ~ \ ~ ~ .J::. ~ ~ o(Q. "-C . g ~ 12 -I- .....t:.... () ~ :;;; = cro ~ en N (..0) ~ -4 ::l::o nl, -Of"" -,,0 !~l) -.~~i', "T.~ (~-~("; L:n1 () --I ~ ;po :x ? r 0" . '. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3565 DANA ALAN CROSSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ By -!lt$; If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED 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." I , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 06-3565 DANA ALAN CROSSON Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,572.58 Interest from 8/21/06 to 12/6/06 (per diem -$15.87) $1,698.09 and Costs TOTAL $98,270.67 /JaM" {i H ~cku~ DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 Jolm 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 ab~ence 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. $ 5 .... ~z z e .( ~ ~;;.. 5 ~'e: Ij~ ~ Iola ~rr; ~ ~i 5~ ~~ ~ ~ ~~ u ~;; u ,;. ~ ~ o~ ~ ;. c=\~ UZ ~ ';J .( 01: ~o " .( ~~ u ~ ~ ~~ e g~ ~ ~ .:g i :::: ~~ ~ \>0< ~~ " ~~ ~ <= ~ .... .( ~ ~ i \ ~ ~ ~ ~ ~ l ~ .... rr; ..g ~ .,.... ~ e - ~ ~ . ~- ... ... ~ <.D ~ - '- ..:r ... Z ~ 1- 0 ;:2-:!: .... <3 -j u.JQ z:: ."}2, r-d~ ... ... go '_.) <i". ... "'" ... .. ... l,..l- ~,' ~, >j w '~b': ~~; s::- ~c ("') ,:;' Cf) ~ 0 n: ('oJ .L. _?' ,::\0.- (J') :;:,':2 \ \ \ 0 "'" -u.J ::::> ~JW U-:c "'" ,):)0- ~ cl () 0 a ~ ~ . .... -~ -= a c Ul 0 ~ "'" ~ c.'" = . <5 <'-' tiI . vi f"\I ~ 0'" - \'I) U) ~ ~ """ .,j " ~. lJ, ,g ~ e i ~ ~ ~ <Ii '" ~ .0( 1 Jt -+ . w l' . ..... - "::J-... 0- 1:)00 ~ ( :::to 'it ~ ~ ~ !1 '(j WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3565 Civil CrvIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From DANA ALAN CROSSON (I) You are directed to levy upon the property ofthe 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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,572.58 L.L. $.50 Interest FROM 8/21/06 TO 12/6/06 (pER DIEM - $15.87) - $1,698.09 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $120.56 Other Costs Plaintiff Paid Date: AUGUST 23, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHNM F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 1 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, P A 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DANA ALAN CROSSON NO. 06-3565 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o c -,::s= n2tT' Z'L( ~t :~ :~~- >(~c:C ~ '"'- ....., = = cr- ". c::: (;';. N W o .." -l :I: nl :II r- -om :nO f~ T :.-i() T::r, C)(~; -:7 ",) ~5r.n ~ -< ;po :z '2 +' CT> ,. .....GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DANA ALAN CROSSON CIVIL DIVISION Defendant(s). NO. 06-3565 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,l1 ROOSEVELT STREET. 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) DANA ALAN CROSSON 5004 ERBS RIDGE ROAD MECHANICSBURG, PAl 7050 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None I , ..... 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) None 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 11 ROOSEVELT STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 21. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ;' "'l (') ,..., 0 = c c:? -n cr- ~;, ". :rJ.." "1") t:~ rTl"- c:: m- Z G' h1 1') -00 0"') W :0 1 -<....: S-::a<;~ ~ C. "T: ":H "'-;1. ". (J~ ::it :::~.'(") };.t: C5 ~er:'f1") ~ :z; ~ :::;! &'" 0" '< << .... GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 06-3565 DANA ALAN CROSSON Defendant(s). August 21, 2006 TO: DANA ALAN CROSSON 5004 ERBS RIDGE ROAD MECHANICSBURG, P A 17050 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE 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. 11 ROOSEVELT STREET. ENOLA. PA 17025. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96.572.58 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . - You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . " . LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the southwest comer ofPyne and Roosevelt Streets; thence west along Pyne Street 126.7 feet, more or less, to a ten feet alley; thence South 75 feet to an eight feet alley; thence 125 feet, more or less, to Roosevelt Street; thence North 75 feet to the place of BEGINNING. BEING Lot No. 51, 52 and 53 in Moltz's Addition to West Fairview, in Cumberland County Plan Book 1, Page 2. SUBJECT, however, to such easements, restrictions and conditions that may apply to the afore-described tract ofland, recorded or unrecorded. BEING the same premises which John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, by Deed dated February 14,2002 and recorded February 19,2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 2081, granted and conveyed unto John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, the Grantors herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dana Alan Crosson, a single person, by Deed from John W. Kichman, Jr. and Patricia J. Kichman, his wife, dated 03/25/2004, recorded 03/29/2004, in Deed Book 262, page 1157. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, by Deed from John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, dated 02/14/2002, recorded 02/19/2002, in Deed Book 250, page 2081. TITLE TO SAID PREMISES IS VESTED IN John W. Kichman, Jr., single individual, by Deed from Daniel T. McGuire and Donna A. McGuire, husband and wife, dated 04/23/1997, recorded 04/29/1997, in Deed Book 156, page 668. PARCEL IDENTIFICATION NO: 09-15-1291-012 PREMISES BEING: 11 ROOSEVELT STREET, ENOLA, P A 17025 () G -lft dlfn ~'.~-> ,:]') '- " , ~';~ ~~:_"::' -"C ~ -< .- , ~ = ~ ::>- c:: c;-:> f'J W ~ :c." ('11- ""r;; "9 l~)\O ::-r:=H ~~; (~ {~m =-1 ~ -< """ :z '2 r 0"> SHERIFF'S RETURN - REGULAR CASE NO: 2006-03565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS CROSSON DANA ALAN MICHAEL 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 CROSSON DANA ALAN the DEFENDANT , at 1123:00 HOURS, on the 12th day of July , 2006 at 5004 ERBS BRIDGE ROAD MECHANICSBURG, PA 17050 by handing to BONNIE CROSSON, WIFE 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 --- 11 ROOSEVELT STREET ENOLA IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: C}w.- Sworn and Subscibed 18.00 10.56 .00 10.00 .00 38.56,./ '1/U/6v to r~~ R. Thomas Kline 07/13/2006 PHELAN HALLINAN By: before me this day of A.D. AFFIDA VIT OF SERVICE CUMBERLAND COUNTY PLAlNTIFfi' GMAC MORTGAGE CORPORA nON No. 06-3565 DEFENDANT(S) DANA ALAN CROSSON ~&~ 13~5S-L{ ACCT. #0600930041 SERVE: DANA ALAN CROSSON 5004 ERBS RIDGE ROAD MECHANICSBURG, PA 17050 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to l:Ja('\C( ,A /ql\ CI' eJsr () ^ , 20<Va, at '1: 0 I ,o'clock f.m., at $""OO"{ 6'"r b s , Defendant, on the -I'" -Z 1 day of Al.A,j~r- ~C'" d~e Rd.. , Commonwealth of Pennsylvania, in the manner described below: ~efendant personally served. Adult family member with whom Defendant(s) 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 of lodging 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: Age SS-'fr Height~1 Weight 200 Race~Sex~ Other I, . J. g( h~t S , a competent adult, being duly sworn according to law, depose and state that I persona ly handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: f)~ On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire J.D. No. 62205 r' ~') .'- (") c: .... ,.....:-. g5 CY" <:::) Co) --I CJ fo.....) ~O rv .-< 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 Dana Alan Crosson A/K/ AD. Alan Crossan Defendant No. 06-3565 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 June 22, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 23, 2006 in the amount of$96,572.58. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(I), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 11 Roosevelt Street, Enola, PA 17025 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 06-00339 Bankruptcy at docket number 13 on March 3, 2006. The Bankruptcy was dismissed by order of court dated March 31, 2006. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriff's Sale on December 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. 6. 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 12/06/06 Per Diem $15.09 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $91,829.46 4,666.98 253.53 2,575.00 1,347.00 0.00 225.60 0.00 0.00 0.00 0.00 2.523.64 TOTAL $103,421.21 7. The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the tenns 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: JI/100 By:~eg.LLP Ichele M. Bradford, EsqUIre 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 FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dana Alan Crosson A/KJ AD. Alan Crossan Defendant No. 06-3565 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. Plaintiffs Note was secured by a Mortgage on the Property located at 11 Roosevelt Street, Enola, PA 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 Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs 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, ifany. II. 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 9 191. 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 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). 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 if it goes to sale without the requested amended judgment, and ifthere 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 a judgment to conform to the facts of a 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 terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. 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 of the impending Sheriff's sale has been requested. IV. 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 terms of the Mortgage. V. 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 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). 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 Realtv, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 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 terms 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: {Ii VI Olp By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PIDLADELPHIA, PA 19103 (215) 563-7000 132$54 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 A TIORNEY FOR PLAINTIFF () c COURT OF COMMON PL~ 2..... CIVIL DIVISION ~:i s:: ....,:,rr ._0 TERM~ ;;~:' 5:: "'... NO. .-151 ...~ -< CUMBERLAND COUNTY Plaintiff v. DANA ALAN CROSSON II ROOSEVELT STREET ENOLA, PA 17025 ~-~- -A'i'll_ Defendant CML ACTIO~ - 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 app~rance 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYBR, 00 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, THlS'OFFICE MAY BE ABLE TO. PROVIDE YOU WITH INFORMATION ABOUT AGENCmS THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . -y ~.tf~t:J1I'I. ~~E~ LaWyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ""he to be reby fJerIH.. ' l!I.trur ~ ',~uy the . ; ""\1":1 -.. ~ :..i !::Orli Within . ur-'1f'IVO/ce8Ct COpy File #: 132554 ~, '=' 0 ~ .." <:n ~ ~ ;xi. r- N ~rn ~? N C), l :1'> :::J -'f: .:':>-.1 :!;; '- c: 0 anI, ~ N ~ -< PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN. ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 g.L5.1_~63-7000 132554 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. DANA ALAN CROSSON 11 ROOSEVELT STREET ENOLA, P A 17025 Defendant CIVIL ACfION - 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, 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. TIllS 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 Se~lce Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-910~\ie hereby certIfy tht within to be a true and correct copy of the .riginal filed of record File II: 132554 File #; 132554 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. i 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 TIDRTY (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) DA VS 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) DA Y PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT TmS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO TillS 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 TIDRTY (30)'DAYS AFfER YOU HA VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE TmRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF TIDS 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 HA VE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN A ITEMPT 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 HaRSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: DANA ALAN CROSSAN 11 ROOSEVELT STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the .property hereinafter described. 3. On 03/25/2004 mortgagor(s) made, execu~d and delivered a mortgage upon the premises hereinafter described to CONSUMER MORTGAGE .SERVICES, INC. which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No: 1858, Page: 2381. 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 03/01/2006 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 #: 132554 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 06/21/2006 (Per Diem $15.10) Attorney's Fees Cumulative Late Charges 03/2512004 to 06121/2006 Cost of Suit and Title Search Subtotal $91,829.46 2,129.10 1,250.00 70.94 $ 550.00 $ 95,829.50 Escrow Credit Deficit Subtotal TOTAL - 178.02 0.00 $- 178.02 $ 95,651.48 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,651.48, together with interest from 06/21/2006 at the rate of$15.10 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ,2cis~~ LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File II: 132554 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the soutbwest corner of Pyne and Roosevelt Streets; thence west along Pyne Street 126.7 feet, more or less, to a ten feet alley; thence South 75 feet to an eight feet alley; thence 125 feet, more or less, to Roosevelt Street; thence North 75 feet to the place ofBEGlNNING. BEING Lot No. 51, 52 and 53 in Moltz's Addition to West Fairview, in Cumberland County Plan Book I, Page 2. SUBJECT, however, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which John W. Kichman, Jr. and Patricia J. Kicbman, husband and wife, by Deed dated February 14,2002 and recorded February 19,2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 2081, granted. and conveyed unto John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, the Grantors herein. PROPERTY BEING: 11 ROOSEVELT STREET File #: 132554 Exhibit "B" . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG IdentJO~atioD No. 62105 Attorney for Pl.intiff ONE PENN CENTER AT SUBURBAN ST A TJON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, fA 19103-1814 (11 5) 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. 06-3565 DANA ALAN CROSSON 8 -,.. -o~ ~!~J:; " ~9>'~' . ~I~: PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TJ:g ANSWER AND ASSESSMENT OF DAMAGES ~ : ' . DeCeqdant(s). . ~::.t. TO THE PROTHONOTARY: l'-..) ~ ~~ E; 5!~ GJ 1"11 7.: N ~':b:', (.,.) ( ; '.," - ~ f:-- - c~ hi 9. ' ~: -,~ ..r:- Q'l Kindly enter an in rem judgment in favor of the Plaintiff and against DANA ALAN CROSSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/22/06 to Sr2.1I06 TOTAL $95,651.48 $921.10 $96,572.58 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. DANIEL G. SCHMIEG, BSQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: Il't ~ aL:JOb ~), , PRO ROT . ',"'T .,.') . ;"Y 1"'/1 E (' 0 P'v 1-. ~ p ~~";:' :'~"::~~i:' ~.~' :.:"'ru i~ N I' ~)~1 Exhibit "C" IN RE: IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHAPTER 13 DANA ALAN CROSSON A/K/A D. ALAN CROSSON BK. NO. 1-06-bk-00339 MDF Debtor 11 U.S.C. S362 GMAC MORTGAGE CORPORATION AS SERVICER FOR THE MORTGAGEE OF RECORD Movant v. DANA ALAN CROSSON A/K/A DANA A. CROSSON A/K/A D. ALAN CROSSON Respondent ORDER MODIFYING S362 AUTOMATIC STAY Upon consideration of Motion of GMAC Mortgage Corporation as Servicer for the Mortgagee of Record (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. ~362 is modified with respect to premises 11 Roosevelt Drive, Enola, PA 17025, 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 Sheriff's 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 that Rule 4001(a) (3) is not applicable and GMAC Mortgage Corporation as Servicer for the Mortgagee of Record may immediately enforce and implement this Order granting relief from the automatic stay. By tIlt COlu1, ~cJ~ ~JHp ~ Dated: March 31,2006 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. 94904 relating to unsworn falsification to authorities. DATE: tJ If/OW Phelan Hallinan & Schmieg, LLP By: /7/J~ . , J;'.!e;.~. ~~~o:''E.:;uir. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. l.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 Dana Alan Crosson AlKJ AD. Alan Crossan Defendant No. 06-3565 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. Dana Alan Crosson A/KJ AD. Alan Crossan 5004 Erbs Bridge Road Mechaniscburg, P A 17050 Dana Alan Crosson AlKJ AD. Alan Crossan P.O. Box 710188 San Diego, CA 92171 Dana Alan Crosson AlKI AD. Alan Crossan 11 Roosevelt Street Enola, P A 17025 DATE: Illr:l~ Phelan Hallinan & Schmieg, LLP BY:~ Michele M. radford, Esquire Attorney for Plaintiff C) {~- I \.D C_J r_", c;! " 4:...._ \--_....., , .I -.1 ~.b -< ~ "" SALE DATE: DECEMBER 8. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW GMAC MORTGAGE CORPORATION I'-.:> = = Ct"> o 11 "-i I...... rll...:...! r- -0 IT; :,; c:; /"--.... ! ~"=:1(J '_:;~~ (5 IT! --I ~ ~ ...;: No.: 06-3565 VS. :;:: c'., -JC DANA A. CROSSON w ~ w a 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 11 ROOSEVELT STREET. ENOLA. PA 17025. As required by Pa. R.C.P. 3l29.2(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 ofthe 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. 5r~JL~~ DANIEL SCHMIEG, ESQ - Attorney for Plaintiff November 7, 2006 ~ '.,. :Y.Qi " t"" 0>2 ~ ~ .... - - ~ 00 S' .... Q. Al ;::z v. "'" ...., tv 0 -.J a- Ul J>, w tv ~Q.= f' ~ (1) = a ~ ftg- ~dl ~ ~o > ... "'I ~ V> a: i C'l iii z c 3 i .. :'l~ ~ ""'.....0"'" ~.;. ~ ~ (i CJ z ::ra'::3 ~ 0 0 .. :i z Z g S-=:::iCD ",:: )> ?: ~ Q.,-"'Ct""' .. :a :> ~ ~ li :> ?: >- ~og)> t'" :> ~ @ en .... -g.S:::tZ 2- r- ::j ... ~~ :> ~ 0 (J j -. "!1 () ~ Z ~ J". n g 11 Ii (") ;:tI '"0 ~ ::3 ~ (i (") ~ tn ~ > fti e; c ~ il g "" t""' -0 ::C;::lla2: C/l ~ """l so C/l C/l ::I: ::l .. ......8..Vl~ C/l :l ~ .~ 0 ~ ... 0'<;:: , ~ '"lj 1 "f0:l[ "'0 C/l o;;o[f/J> lJ\ ~ 0 x _=- en lrd' 8 8 'Tl ~ .j). ~ () (") J>, z 8 ~a~~ 'tl~ 10 tn tIl ~ ,s~ t/) ,0 t/) -<: 3: '" Ii m r- G ""0" t:.. ,""-"'i ~Jl \Xl < < 0:; '"I.lC/)gm Ul a' ,0 tTl ~ tTl o c (") ti 7::l ,,_. u f 8 - r ~ ~ r 1J ~ )> :> ~- r ~ t:.- tTl CJ S t'-j.p. ~ ;:tI >g ~ V\ b rn m (J ~ ~ ll. ~ ~E; ,;-i 0 s. ~ ~ " ~ .. - 3: ~ ~ ~ 0 ~ r tJ '?' .... ~~~i;l ~ w 88~'" .. if\ ." 0 Z . ~g ~ '" > '"l1 0 ~ s:s~ .... V\ (') ::i ~ Ei "'~"~R ..{; U) m 1 . ""a S" ~ S t;; .... _ e. .; ~~;- g g. p v. ~ ~ I~ "'*I~::S - _. t: 0 z li'log... ~ sn 0 ::-.3 .~~ ~ ." < 2.~, 8~ n 0 m s ~ ':J -. en' S'i!.t~.s -l \Xl ;:tI a~r'i 0 0 ~ C' !>.' VI X ~~. go 0 tv en ti-"'BfI: Q\ !:11 -l ;o~. " = ~Ul ,;-i ~~~~t ~ ~ ~i8"!! ~ 1S'll:' ,,' ~.~] ! tf.l ~ :.~ s' ell te t"" c.a.;l::n sn 3 n 11.3 C ..!! -" ~ "'C .'""~.~~. P )> ;.1ii .... ~(""3,, . ~S~ il!l8~ g'!:'~ ~ $ ,"'~ ' ~'* a.'" 'f~"- ~Illg~ ..t~ Ii; s:-. ~? ' :.;Y' '_' "'....... 8 ~~! ~ : 02 1M $ 01~ v, a " ;f it So~. g ,DO(j~21SJ01D AUc3 22 2 !l ~ MAILED FROM ZIP CODE 1 91 G3'>:<~ if~~ ~. ~r g ~. ;s:i g~ ~ -a ~ ." i~'"'S.~ 8 ~ ~ ~ GMAC MORTGAGE CORPORATION : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. DANA ALAN CROSSON AlK/ AD. ALAN CROSSAN DEFENDANT : NO. 06-3565CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 6,2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, 'l~ J. M. L. Ebert, Jr., Michele M. Bradford, Esquire Counsel for Plaintiff Dana Alan Crosson a/k/a D. Alan Crossan Defendant ~ ~..'f1e.J )I,I(,'()" ~ bas I I :OIl,l'iJ 9\ flON gOaZ Ab~lOI\;UUJ)bd 3H1 :l0 38U:~C'-cJ3l':l. 40 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 Dana Alan Crosson A/KJ AD. Alan Crossan Defendant No. 06-3565 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 16,2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Dana Alan Crosson A/KIA D. Alan Crossan 5004 Erbs Bridge Road Mechaniscburg, P A 17050 Dana Alan Crosson NKI AD. Alan Crossan P.O. Box 710188 San Diego, CA 92171 Dana Alan Crosson A/K1 AD. Alan Crossan 11 Roosevelt Street Enola, P A 17025 Phelan Hallinan & Schmieg, LLP DATE: llldO/00 , , tJnrrtX Michele M. Bradford, Attorney for Plaintiff ~ -om m...,., ~~,. _r~, Cf).::;" ~c: ~ ~c )>~ ~ c:J c:;:::l ~ ~ -< N CD Q ~.~ -om g~ :i! 6~ N ~ .'. > :- .~ co 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 (? 1 S) Sn1-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dana Alan Crosson A!KI AD. Alan Crossan Defendant No. 06-3565 MOTION TO MAKR R1JI,R ARSOI,1JTR GMAC Mortgage Corporation 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: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on November 8, 2006. 3. A Rule was entered by the Court on or about November 16,2006 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on November 20, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 6,2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ~ 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 (? 1 ')) ')(\1-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dana Alan Crosson AIKJ AD. Alan Crossan Defendant No. 06-3565 RRIRF IN SlJPPORT OF PLA INTIFF'S MOTION TO M A KR RlJLR A RSOLlJTR A Motion to Reassess Damages was filed with the Court on November 8, 2006. A Rule was entered by the Court on or about November 16, 2006 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on November 20, 2006 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 6, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 1c!/-1/0P Date J '~SqUire Attorney for the Plaintiff Exhibit "A" GMAC MORTGAGE CORPORATION : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. DANA ALAN CROSSON AJKJA D. ALAN CROSSAN DEFENDANT . : NO. 06-3565CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact. an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ,'\.~ J. M. L. Ebert. Jr., Michele M. Bradford. Esquire Counsel for Plaintiff Dana Alan Crosson alkJa D. Alan Crossan Defendant bas 1JIUE COPy FROM RECORU ,,, fl..................... IIP/.ftInt MIll "" 11II flllIId~ at ......... f. /5E ~ 1=.-' ~(.. .. ~ ~~~ "-I_J .~ Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradfor<L 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 Plaintiff vs. \j~~~ ~ x-\\..~ ~~ Dana Alan Crosson A.~~~~ X. ~~~ A/KJA D. Alan Crossan~\ 'a\i:.~'O Defentt4ht A TIORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland coun~ No. 06-3565 ~.~ ~~ ~e) ~8 ~ CERTIFICATION OF SERVICE ,....:) ~ C=' ~ CI'" :z: ;,:0 0 ..c ~rn N g~ CJ) -0 ,1 :J: 5~ ~ -I .- ~ (X) I hereby certify that a true and correct copy of the November 16, 2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Dana Alan Crosson ~~'\ A/KJ A D. Alan Crossan . ( ~~ \) 5004 Erbs Bridge Road . ~'2{ (\X,,*\~~~ Mechaniscburg, P A 17~ (J~. ~'fc.. ~ ~,. ',?\~_ 0 Dana Alan Crosson ) A/KJ A D. Alan Crossan 11 Roosevelt Street Enola, P A 17025 DATE: \;~~~ II J dO J om ,<-,{'<:\~\~~\\ I I ~~\'\\.. ~ ~<(;. ~~\.~~s Dana Alan Crosson AIKJ A D. Alan Crossan P.O. Box 710188 San Diego, CA 92171 Phelan Hallinan & Schmieg, LLP Qrrrr6z Michele M. Bradford, Attorney for Plaintiff VRRTFTCA TTON 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. )~/7/D0 /YvV~ Date I ic;el! ~. Bradford, Esquire 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 (? 1 ~) S111-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dana Alan Crosson AlKJ AD. Alan Crossan Defendant No. 06-3565 CRRTTFTCA TR OF SRRVTCR 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: Dana Alan Crosson AlKJ AD. Alan Crossan 5004 Erbs Bridge Road Mechaniscburg, P A 17050 Dana Alan Crosson AIKJ AD. Alan Crossan P.O. Box 710188 San Diego, CA 92171 Dana Alan Crosson AlKJ AD. Alan Crossan 11 Roosevelt Street Enola, P A 17025 Date: 1d-/1 ILk I ~ i/ ,ehele M. Bradford, Esquire Attorney for Plaintiff '" C::, (:::::> o~ ~ c::J r'l n ........ I:n [11 r- -0 CO :0'....,..' :.~ r.i~ ~1~ '1;;> ';.0 < -n ::i: c::> w DEe I J 2006 {Y1V -17 'v .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dana Alan Crosson AJKJ AD. Alan Crossan Defendant No. 06-3565 ORDF.R t~ AND NOW, this \ 5 day of Oe.U \M.. ~ vI ,2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 12/06/06 Per Diem $15.09 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $91,829.46 4,666.98 253.53 2,575.00 1,347.00 0.00 225.60 0.00 0.00 0.00 0.00 7, 'i21 64 TOTAL $103,421.21 Plus interest from 12/06/06 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. BY THE COURT \t~\ J.\ \ 132SS4 L Z : l! HV g I J30900Z It..1rll( )\Y'U(;c: .~ :::Iu: 10 ^U't......_..~ij\jl >~\.....'>.....~ ...;j-LL ::J ::1c':U:iCOi-OJ11:l 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 GMAC Mtg Corp is the grantee the same having been sold to said grantee on the 10th day of Jan A.D., 2007, under and by virtue ofa writ Execution issued on the 23 day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3565, at the suit of GMAC Mtg Corp against Dana Alan Crosson is duly recorded in Deed Book No. 278, Page 3060. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~I day of ~"r,A.D. ;).):>0'7 ~ Y6~ ~~l (\~f4 Recorder of Deeds 1feccNdtlof Dttda. ~ My~,e-."'FInIt=CdIIt.PA Gf..... 2110 , .. Amended Return GMAC Mortgage Corporation VS Dana Alan Crosson In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3565 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 21,2006 at 1755 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dana Alan Crosson, by making known unto Dana Crosson personally, at 5004 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2006 at 0905 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dana Alan Crosson located at 5004 Erbs Bridge Rd., Mechanicsburg, Cumberland County, Pennsylvania according to law. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on November 15,2006 at 1914 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dana Alan Crosson located at 11 Roosevelt Street, Enola, Cumberland County, 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: Dana Alan Crosson, by regular mail to his last known address of 5004 Erbs Bridge Road, Mechanicsburg, P A 17050. This letter was mailed under the date of October 10, 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 January 10, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf ofGMAC Mortgage, LLC, F/K/A GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage, LLC, F /K./ A GMAC Mortgage Corporation, of 500 Enterprise Road, Suite 150, Horsham, PA 19044-0969, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1058.96. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Post Pone Sale $30.00 20.77 15.00 15.00 30.00 10.00 .50 1.00 21.12 1.56 15.00 20.00 20.00 . .. Law J oumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 431.00 347.57 15.94 25.00 39.50 $ 1058.96 <.01 ;,.,. o~ So An.. swers: .~. . . ..-A~. .~ . .~.t' .?"'~/~ R. Thomas Kline, Sheriff BY CJ Qu~O-13Y\QJ.Vbal~ ~~ or; 00 $1P~.~o (\,vv ~ {) \"'" ~ c.,'<-- ~ ,r#Y q1. GMAC MORTGAGE CORPORATION p CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DANA ALAN CROSSON CIVIL DIVISION Defendant(s). NO. 06-3565 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.11 ROOSEVELT STREET. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANA ALAN CROSSON 5004 ERBS RIDGE ROAD MECHANICSBURG, P A 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please 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) None 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 11 ROOSEVELT STREET ENOLA, P A 17025 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. August 21. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff , GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 06-3565 DANA ALAN CROSSON Defendant(s ). August 21,2006 TO: DANA ALAN CROSSON 5004 ERBS RIDGE ROAD MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 11 ROOSEVELT STREET. ENOLA. PA 17025. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96.572.58 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., Ru1e 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav 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 ~_.. .. , LEGAL DESCRIPTION ALL THA T CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the southwest comer ofPyne and Roosevelt Streets; thence west along Pyne Street 126.7 feet, more or less, to a ten feet alley; thence South 75 feet to an eight feet alley; thence 125 feet, more or less, to Roosevelt Street; thence North 75 feet to the place of BEGINNING. BEING Lot No. 51, 52 and 53 in Moltz's Addition to West Fairview, in Cumberland County Plan Book 1, Page 2. SUBJECT, however, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, by Deed dated February 14,2002 and recorded February 19,2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 2081, granted and conveyed unto John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, the Grantors herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dana Alan Crosson, a single person, by Deed from John W. Kichman, Jr. and Patricia J. Kichman, his wife, dated 03/25/2004, recorded 03/29/2004, in Deed Book 262, page 1157. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN John W. Kichman, Jr. and Patricia 1. Kichman, husband and wife, by Deed from John W. Kichman, Jr. and Patricia J. Kichman, husband and wife, dated 02/14/2002, recorded 02/19/2002, in Deed Book 250, page 2081. TITLE TO SAID PREMISES IS VESTED IN John W. Kichman, Jr., single individual, by Deed from Daniel T. McGuire and Donna A. McGuire, husband and wife, dated 04/23/1997, recorded 04/29/1997, in Deed Book 156, page 668. PARCEL IDENTIFICATION NO: 09-15-1291-012 PREMISES BEING: 11 ROOSEVELT STREET, ENOLA, P A 17025 WRIT OF EXECUTION .and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3565 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From DANA ALAN CROSSON (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 enj oined 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,572.58 L.L. $.50 Interest FROM 8/21/06 TO 12/6/06 (PER DIEM - $15.87) - $1,698.09 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $120.56 Other Costs Plaintiff Paid Date: AUGUST 23, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHNM F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 43 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 11 Roosevelt Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11,2006 Byu o~ S rvu:-JL Real Estate Sergeant @ t:u;J t:;r;J &::::::::1 ~ IniiJ GO :l d Sl 9nV qOOZ '. ' . ,'t ~ I ,I' '" . t\'. i.t~ '; :.J :...J 1:'1 '11d.;;~ C ~A4 j :-..) .:l.:lld3HS ::JiE .:10 3JI:.UO .~. 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 Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 #43 s ribed before me this 15th day of November 2006 A.D. COMMONWEALTH OF PENNSYLVANIA Not2ria\ Seal Terry L. RUSS0il, Notary Public City Of Harrisbur ,Dauphin County ~ My mmiss' pires June 6.2010 /1 (7, M'mb. p, "' ,,^,",ci,Uooo' No'''''' ~PUBLIC~ Sworn to . , 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 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: October 20, October 27 and November 3, 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 3 day of November. 2006 NOTAR SEAl LOIS E. SNYDER, Notary Public Carlisle 80m. Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 43 Writ No. 2006-3565 Civil GMAC Mortgage Corporation vs. Dana Alan Crosson Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises. situate. lying and being in the Township of East Pennsboro. in the County of cumberland and Commonwealth of Pennsylvania. more particularly de- scribed as follows: BEGINNING at the southwest corner of Pyne and Roosevelt Streets; thence west along Pyne Street 126.7 feet. more or less. to a ten feet alley; thence South 75 feet to an eight feet alley; thence 125 feet. more or less. to Roosevelt Street; thence North 75 feet to the place of BEGINNING. BEING Lot No. 51. 52 and 53 in Moltz's Addition to West Fairview, in Cumberland County Plan Book 1. Page 2. SUBJECT. however, to such easements. restrictions and conditions that may apply to the afore-described tract of land. re- corded or unrecorded. BEING the same premises which John W. Richman, Jr. and Patricia J. Richman, husband and wife. by Deed dated February 14. 2002 and recorded February 19. 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250. Page 2081. granted and conveyed unto John W. Richman. Jr. and Patricia J. Richman. hus- band and wife. the Grantors herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dana Alan Crosson, a single person. by Deed from John W. Richman. Jr. and Patricia J. Richman. his wife, dated 03/25/ 2004. recorded 03/29 i2004, in Deed Book 262. page 1157. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN John W. Richman. Jr. and Patricia J. Richman, husband and wife. by Deed from John W. Kichman, Jr. and Patricia J. Kichman, husband and wife. dated 02/14/2002. recorded 02/19/ 2002. in Deed Book 250. page 2081. TITLE TO SAID PREMISES IS VESTED IN John W. Richman. Jr.. single individual. by Deed from Daniel T. McGuire and Donna A. McGuire. husband and wife, dated 04/23/1997. recorded 04/29/ 1997. in Deed Book 156. page 668. PARCEL IDENTIFICATION NO: 09-15-1291-012. PREMISES BEING: 11 ROOSE- VELT STREET, ENOLA, PA 17025.