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HomeMy WebLinkAbout07-0027 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 146361 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM r NO. dj - ?.? ?l V l (, II ?.2. CUMBERLAND COUNTY JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 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 #: 146361 m 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. File #: 146361 Plaintiff is GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/04/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1856, Page: 4549. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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 #: 146361 6. The following amounts are due on the mortgage: Principal Balance $95,677.14 Interest 2,350.54 06/01/2006 through 12/28/2006 (Per Diem $11.14) Attorney's Fees 850.00 Cumulative Late Charges 100.01 03/04/2004 to 12/28/2006 Cost of Suit and Title Search 750.00 Subtotal $ 99,727.69 Escrow Credit 0.00 Deficit 106.94 Subtotal 106.94 TOTAL $ 99,834.63 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 99,834.63, together with interest from 12/28/2006 at the rate of $11.14 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. PHEL ALLIN AN & SCHMIEG, LLP By: /s/Francis S. Hallman L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146361 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly direction, 169.92 feet to a point at the corners of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the corners of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 915 Cavalry Street. BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27, 1988 and recorded December 27, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book'S', Volume 33, Page 917, granted and conveyed to James S. Varhola, one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ??) )&4A ?' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: n I0t/) SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00027 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS SPRINGSTEAD JEANETTE T R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SPRINGSTEAD BOBBY R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 915 CAVALRY STREET I NOT FOUND , as to SPRINGSTEAD BOBBY R CARLISLE, PA 17013 DEFENDANT IS SUPPOSEDLY LIVING AT 332 NORTON LAND MYRTLE CREEK, OR 97457. Sheriff's Costs: So answers* - `° ->-? Docketing 6.00 =-- = J Service .00 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumb land County .00 21.00 ? PHELAN HALLINAN SCHMIEG ,??J_04 01/10/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS SPRINGSTEAD JEANETTE T GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon crn TM0_QrrL"Arn .7PANTPTTF T AKA 7F.A1qFTTF T KOSLOSKY the DEFENDANT at 2103:00 HOURS, on the 8th day of January-, 2007 at 915 CAVALRY STREET CARLISLE, PA 17013 by handing to JEANETTE SPRINGSTEAD 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 18.00 So Answers: Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 / 32.401 01/10/2007 1 PHELAN HALLINAN SCHMIEG Sworn and Subscibed a to ,40 06 By: I ) ML before me this day & Deputy Sh iff of A.D. AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY (JMR) GMAC MORTGAGE, LLC Plaintiff Vs. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendants SERVE AT: 332 NORTON LAND MYRTLE CREEK, OR 97457 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action NO. 07-27-CIVIL TERM File Number146361 SERVED Served and made known to BOBBY R. SPRINGSTEAD, Defendant on the24TH day of FEBRUARY , 20 07 at 11: 46 o'clock, . M., at 332 NORTON AN11, MYRTT F CRFFK?(1RBGO9 97457 City in the manner described below: XX Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, J . D . COLTON , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to ROBBY SPRTNr..q M a true and correct copy of the UIVIL ACTION.-COMPLAINT issued in the captioned case on the date and at the address indicated above. Description: Age Sworn to and subscribed Before me this ay OfF?,20 . ,,nn Notary: ????,(,n(/l.i l!? Height Weight Race /? Sex Other J Served BY: / On the day of M., Defendant NOT FOUND because: Moved Unknown Other: NOT SERVED 20_, at o'clock No Answer Vacant f' TS MA 0 C'.3iJ1( N NOTARY PUBLIC - OREGON COMMISSION NO, 411422 MYCOMMISSION EXPIRES JANUARY 13, 2011 Sworn to and subscribed Before me the day Of , 20_. Notary: Not Served BY: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 r. r l-: © ; p L7 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-27-CIVIL TERM JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY 915 CAVALRY STREET CARLISLE, PA 17013 BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 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 JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY and BOBBY R. SPRINGSTEAD, 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 12/29/06 to 10/22/07 TOTAL $99,834.63 $3,319.72 $103,154.35 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. • A SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /a I 3/ 07 O PROTHY oCB 146361 ` PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY :NO. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD Defendants TO: BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 DATE OF NOTICE: OCTOBER 9, 2007 L 9~ k 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ` PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY :NO. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD Defendants TO: JEANETTE T. SPRINGSTEAD A/K/A J EANETTE T. KOSLOSKY "'"',. ; 915 CAVALRY STREET , I J CARLISLE, PA 1701 3 DATE OF NOTICE: OCTOBER 9.2007 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 RANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY NO. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD 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 JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY is over 18 years of age and resides at, 915 CAVALRY STREET, CARLISLE, PA 17013. (c) that defendant BOBBY R. SPRINGSTEAD is over 18 years of age, and resides at, 332 NORTON LAND, MYRTLE CREEK, OR 97457. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r ,?Lw- 9 9 ? DANIEL G. SCHMIEG SQUIRE Attorney for Plaintiff T ?r rA5 r? 0 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC V. Plaintiff, JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-27-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 31sf 2007 . By: ., b1<B If you have any questions concerning this matter, please contact: \ I 7 i DANIEL G. SCHMIEG, ES IRE 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. f V (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) -- P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. . No. 07-27-CIVIL TERM JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $103,154.35 Interest from 10/23/07 to MARCH 5, 2008 $2,289.60 and Costs (per diem -$16.96) Add'1 Costs $2,740.50 TOTAL $108,184.45 DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban tion 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 146361 d O? W a? zz Oa oz 00 V ?A O? U? x W ?U Q w H O U U N?d poEw" ZW 2 ?4 'IT E-FH? F a"' 9 O H U wg W o O? F ? ?W b4 (T4 O a? U a w t- on et M n na aW W? ?U dw H F? ao > Uz Q? M b a 8 ? OO ? d0 OOOQ fir ?? J ?` a D CA) D 5 1-4 M ?D Ct r?i x fem..: r'.t C Legal Description ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly direction, 169.92 feet to a point at the corners of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the corners of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 915 Cavalry Street. BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27, 1988 and recorded December 27, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "S", Volume 33, Page 917, granted and conveyed to James S. Varhola, one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. PARCEL IDENTIFICATION NO: 29-19-1639-046 CONTROL #: 29003475 TITLE TO SAID PREMISES IS VESTED IN Bobby R. Springstead and Jeanette T. Springstead, husband and wife, by Deed from James S. Varhola and Cindy H. Varhola, husband and wife, dated 05/15/1996, recorded 05/16/1996, in Deed Book 139, page 294. A GMAC MORTGAGE, LLC , a Plaintiff, , v. ; JEANETTE T. SPRINGSTEAD , A/K/A JEANETTE T. KOSLOSKY , BOBBY R. SPRINGSTEAD , Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-27-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC, 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, 915 CAVALRY STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 332 NORTON LAND MYRTLE CREEK, OR 97457 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 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 915 CAVALRY STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 22, 2007 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff C? c? -C7 c7 ) 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, LLC Plaintiff, . V. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY : BOBBY R. SPRINGSTEAD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-27-CIVIL TERM 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: (X) an FHA mortgage () non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. f D L G. SCHMIEG, ES Attorney for Plaintiff n C-7 av r%0 Cry c GMAC MORTGAGE, LLC Plaintiff, V. CUMBERLAND COUNTY No. 07-27-CIVIL TERM JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY , BOBBY R. SPRINGSTEAD , Defendant(s). October 22, 2007 TO: JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY 915 CAVALRY STREET CARLISLE, PA 17013 BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 915 CAVALRY STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,154.35 obtained by GMAC MORTGAGE, LLC (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 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 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 Legal Description ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly direction, 169.92 feet to a point at the corners of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the corners of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 915 Cavalry Street. BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27, 1988 and recorded December 27, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "S", Volume 33, Page 917, granted and conveyed to James S. Varhola, one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. PARCEL IDENTIFICATION NO: 29-19-1639-046 CONTROL #: 29003475 TITLE TO SAID PREMISES IS VESTED IN Bobby R. Springstead and Jeanette T. Springstead, husband and wife, by Deed from James S. Varhola and Cindy H. Varhola, husband and wife, dated 05/15/1996, recorded 05/16/1996, in Deed Book 139, page 294. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-27 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From JEANETTE T. SPRINGSTEAD, a/k/a JEANETTE T. KOSLOSKY, BOBBY R. SPRINGSTEAD (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 $103,154.35 L.L. $.50 Interest from 10/23/07 to 3/05/08 (per diem - $16.96) - $2,289.60 and Costs Atty's Comm % Atty Paid $149.40 Plaintiff Paid Date: 10/31/07 (Seal) Due Prothy $2.00 Other Costs $2,740.50 S C rtis R. Long, Prothonot By: _ !?'ekx& E A 0 L Q Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF, GMAC MORTGAGE, LLC DEFENDANT(S) JEANETTE T. SPRINGSTEAD A/KIA JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD SERVE BOBBY R. SPRINGSTEAD AT 332 NORTON LAND MYRTLE CREEK, OR 97457 SERVED CUMBERLAND COUNTY No. 07-27-CIVIL TERM ACCT. #146361 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to BOBBY SPRINGSTEAD , Defendant, on the 6TH day ofNOVEMBER ,200_7, at 6: 10 • o'clock P.m., at , Commonwealth of Pennsylvania, in the manner described below: XX Defendant 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: Description: Age Height Weight Race Sex Other I, J . D . COLTON , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sate in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs bed befo a me this day ?,. of200- - Notary: By: ,(Q PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / / Time: 2°d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200- Notary: OFFICIAL SEAL TRINA 0 CONKLIN NOTARY PUBLIC - OREGON COMMISSION NO. 411492 MY COMMISSION EXPIRES JANUARY 13, 2011 Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ._..a ,i r: ?,, -i _,_ •S.,?,.. -l?lP) I?RFvroUs?? NOT 1((- 977-4) AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD SERVE JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY AT 915 CAVALRY STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-27-CIVIL TERM ACCT. #146361 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 --? ?^ SERVED Served and made known to ?? E NE?htE ?, JP RINCS fendant, on the day of 2008 at 2(11 o'clock f _m., at 500 ? I613UP ? RP. a C'?}r11 P ({. L , Commonwealth of Pennsylvania, in the manner described below: Defendant 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). n,, -Agent or person in charge of Defendant(s)'s office or usual place of business. IA_ 54, Fy -1„T , Cpw, an officer of said Defendant(s)'s company. - - -Other: S 1' Q? tA Description: Age Height (0 o? Weight LL Race VJ Sex /A Other I, PowD AXD I'L . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. X t "VE -1 6-Iftltw N5[.?C- b )j F_F N b ?? - Sworn to and subscribed a 5? ? ? f ,?S C3? f? N ?RD - before me this y -'rrrn ?,F N _ _44? 200 By: M CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. laiE 0? PATRICIA E. HARRIS Commission ExWM dune 16, 2006 NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant fat Attempt: Time: 2id Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200: One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ;.. ?- ,, .; 4 ;.s ?: ,. 4 , v _.?_. =.; C.', SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC No.: 07-27-CIVIL TERM VS. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 915 CAVALRY STREET, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. L-0?4 V, A, 01" j DANIEL G. SCHM G, ESQUIRE-V Attorney for Plaintiff Date: January 30, 2008 146361 ro H HE z o ?o 00 ? o, cn a w N ... ? H ? CD an ° Z c 3 cr 0 ?i Aa tl :b?G :5 ?o U O O "e a td? cw oEl E y "" o -+ o o YCD ?' :•' Y n b ?d c F yy 0- N y 0- ?b w o Ri N?p C/?O y y O Z ° .b C/1 o CD o taro a CD O A fi, y ab ctz C o, c y to t7l ga n " 5 z t- o o? ° a rA r Y? z cp W v yp? w SS?$?m x N X 0 z Sn ? CA 0 W tj "o ;ngo? o (D O W' N ° p' v fZ7 n o??d ° ?. rn ?• ? ?. h 5 CD ?8 CD a Y If e-m s• n ; ? w ? ? o 0 f $ ? f 6 d?? O _ rP ?'/® q 44, -sit o ?+ ® PITNEY sovm 02 1M 000421 801 0 pCV?p ?2007 oo R H MAILED FROM ZIPCODE 19103 A ? O ? ? a o.?'byyr v F 17,? as CD .1 r COD ii yy? i C??!+' ?p '- O..r ^w.f.? (o i+ V 'P < ? n EA ?. r n °o ;b O t? N a ? Q lli ?;' ? t`ilr 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, LLC Plaintiff VS. JEANETTE T. SPRINGSTEAD ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County A/K/A JEANETTE T. KOSLOSKY No. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD Defendants 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 January 3, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on October 31, 2007 in the amount of $103,154.35. 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)(1), 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 915 CAVALRY STREET, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 07-00674 on March 8, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated August 20, 2007. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 11, 2008. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $95,527.01 Interest Through June 11, 2008 $9,017.54 Per Diem $11.12 Late Charges $408.60 Legal fees $2,385.00 Cost of Suit and Title $1,541.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $460.99 Appraisal/Brokers Price Opinion $400.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,276.50 TOTAL $112,016.64 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 2, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: MBiche m' g, LLP By: rad for , E e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. : CUMBERLAND County JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY No. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD : Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY and BOBBY R. SPRINGSTEAD 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 915 CAVALRY STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for 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 Defendants credit for monthly payments tendered through bankruptcy, if any. 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 § 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 a judgment 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 without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. 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. VI. 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 of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 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. VII. 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: 0 b a r. a i LP By: e M. Bradford, Esq re lche6l Attorney for Plaintiff 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 PHILADELPHIA, PA 19103 (215) 563-7000 146361 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. Plaintiff JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM .y n I NO. 01 1 -Ti CUMBERLAND COUNTY 'Flit'A l 1 3 bi 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 theTdllowTng 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 fling 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. .;;teat filed of record Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)190-9108 ?111 iCu File #: 146361 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. File P 146361 1. Plaintiff is GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: JEANE'1TE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/04/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1856, Page: 4549. 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 07/01/2006 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. Fite #: 146361 6. The following amounts are due on the mortgage: Principal Balance $95,677.14 Interest 2,350.54 06/01/2006 through 12/28/2006 (Per Diem $11.14) Attorney's Fees 850.00 Cumulative Late Charges 100.01 03/04/2004 to 12/2812006 Cost of Suit and Title Search 750.00 Subtotal $ 99,727.69 Escrow Credit 0.00 Deficit 106.94 Subtotal 106.94 TOTAL $ 99,834.63 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) hasthave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by. the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 99,834.63, together with interest from 12/28/2006 at the rate of $11.14 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. 7 LLINAN & SCHMIEG, LLP By: s/Fr S. [loran L NCE T. THELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 146361 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in'the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly direction, 169.92 feet to a point at the comers of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the corners of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. Street. HAVING thereon erected a dwelling house known and numbered as 915 Cavalry BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27, 1988 and recorded December 27, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book'S', Volume 33, Page 917, granted and conveyed to James S. Varhola,- one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: - Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 0Y ?gory 1 JEANETTE T. SPRINGSTEAD AIKIA JEANETTE T. KOSLOSKY 915 CAVALRY STREET CARLISLE, PA 17013 BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION A NO. in favor of the Plaintiff and c? c_r cz;? Q c-? w Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days f9%-%RjT if and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/29/06 to 10/22107 TOTAL $99,834.63 $3,319.72 $143,154.35 :7' T I hereby certify that 0) 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. , I v POP Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY IOU 146361 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JEANETTE THERESA SPRINGSTEAD, Debtor GMAC MORTGAGE, LLC Movant V. CHAPTER 13 CASE NO: 1-07-bk-00674-MDF 11 U.S.C. §362 JEANETTE T. SPRINGSTEAD A/K/A JEANETTE THERESA SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY, Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of GMAC MORTGAGE, LLC (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 915 CAVALRY STREET, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at 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, LLC may immediately enforce and implement this Order granting Relief from the automatic stay. By the Cowl, Dated: August 20, 2007 P JUt1fe (CI) This document is electronically signed and faded on the same date. Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 2, 2008 JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 RE: GMAC MORTGAGE, LLC vs. JEANETTE T. SPRINGSTEAD, A/K/A JEANETTE T. KOSLOSKY and BOBBY R. SPRINGSTEAD Premises Address: 915 CAVALRY STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-27-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, April 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. TVeurs' rad rd quire For Phelan Hallinan & Schmieg, LLP Enclosure (yd T ?o >.s ? 3aoaa?z Woa3 a3u?rw zoadV o?oe?wti zo goon .?4 c M d a ua W O y?, Caw/' o U Y W o U Z ? •o ? M 441-19- t 10, ?i o Q? ?J cn Z °° ? a F1 at 1-1 `y rn ? E-' vai cn o zda WO o Ol P,?a i-+ ih P H 9 a N 111 ?' d d L-110 O ? c? O m v 01 U O ? • r ? N 'O p p O N ? w N p 3 •o0v ?'r o; a O•ba ?w•K o ° p ? y o N b V ?cG J+ N > o g c 1? o S _x iC ? o8 Y-z C 0 a Y? T o a? p5 U ? Q d ° O ?a ?z w T O [p d H z? R 1n ? (Y 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: 1 ii z ie , LLP By Mic ele . Bradford, Esqu' Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendants CUMBERLAND County No. 07-27-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 DATE: qM& , 1-1 By: Attorney for Plaintiff P al 'n ie ,LLP Michel M. Bradford, sq ' e r oln . C 7 r , . 5 4 KPR 112008, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY No. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD Defendants RULE AND NOW, this 1 S r day of Ay> 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Zp d4", r o-q t"ir^ sou Rule Returnable , a m e BY T COURT ,LW J. r t ;c ^", 7 y?k ry ' g{.:ice ?? 3 /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com JEANETTE T. SPRINGSTEAD AIK/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 01jD ! kv iwaC lc, ?lis?og ? BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 146361 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, LLC : Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendants CUMBERLAND County No. 07-27-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 11, 2008 was sent to the following individual on the date indicated below. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 DATE: BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 a 1 ' chrnieg, LLP By: Michele M. Brad rd, squire Attorney for Plaintiff ?-- -?n .. '? ?? ? o, cJ,. `:?y .:-t? __. ??. 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, LLC Plaintiff VS. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-27-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 10, 2008. 3. A Rule was entered by the Court on or about April 15, 2008 directing the Defendants 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 part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 21, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of May 11, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: rhel n e , LLP By: le M. Bradfor , E qu' e 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, LLC Plaintiff VS. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-27-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 10, 2008. A Rule was entered by the Court on or about April 15, 2008 directing the Defendants 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 April 21, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 11, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. a Ii S ieg, LLP DATE: v a By: picche e M. Bradford, sq ire Attorney for Plaintiff Exhibit "A" iApt rrroo??, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY No. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD Defendants RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. pj 20 -02F .0 - S-6A-01kX-j Rule Returnable on the , at ill thr, Mail BY THE COURT ?K,.z?,2 fL.dg? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@)fedphe.com JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 146361 Exhibit "B" 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 IR (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD ATTORNEY FOR PLAINTIFF <= -n ra Court of Common N s -=- Civil Division„ W 9 CUMBERLAND County No. 07-27-CIVIL TERM Defendants CERTIFIC0IN OF SERVICE I hereby certify that a true and c6dect copy of our Motion to Reassess Damages noting a Rule Return date of May 11, 2T8- was sent to the following individual on the date indicated below. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 DATE: b? BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 A clunieg, LLP Michele M. Bradford Attorney for Plaintiff 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 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. §4904 relating to the unsworn falsification of authorities. DATE: IJIb(-) By: Attorney for Plaintiff e a i a ieg, LL P Mi hel M. radford, sq ire PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-27-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 DATE: 01 bb BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 Mei ieg, LLP By: Bradford, E uire q Attorney for Plaintiff ilr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY No. 07-27-CIVIL TERM BOBBY R. SPRINGSTEAD Defendants ORDER AND NOW, this z7- day of v-,-, , 2008, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $95,527.01 Interest Through June 11, 2008 $9,017.54 Per Diem $11.12 Late Charges $408.60 Legal fees $2,385.00 Cost of Suit and Title $1,541.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $460.99 Appraisal/Brokers Price Opinion $400.00 Mortgage Insurance Premium / $0.00 y ?i l i,y _ ? ?? ?fl'?' ? '?'?^? Q ??' ?Cl ???? ?r? ?? £Z .? f: ad QQQ? v ± Ui'<i ? ;rte ? ?1-?,?. ?? .. ?- r , I Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,276.50 TOTAL $112,016.64 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 146361 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: GMAC MORTGAGE, LLC vs. JEANETTE T. SPRINGSTEAD, A/K/A JEANETTE T. KOSLOSKY and BOBBY R. SPRINGSTEAD CUMBERLAND County CCP, No. 07-27-CIVIL TERM Dear Sir/Madam: Enclosed please find a Motion to Make Rule Absolute, Brief in Support thereof, and Certification of Service with regard to the above referenced action. Please file same with the Court and return the time-stamped in the enclosed self-addressed envelope. If you have any questions, please do not hesitate to contact me. Verytrul yours, Bradford, squire Enclosure cc: JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 31 day of OCT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 27, at the suit of GMAC MTG LLC against JEANETTE T SPRINGSTEAD AKA JEANETTE T KOSLOSKY is duly recorded as Instrument Number 200821382. IN TESTIMONY WHEREOF, I have hereynto set my hand and rf said office this day of A.D. \ of Deeds 'm E*M to =w1k CIO*? GMAC Mortgage, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeanette T. Springstead a/k/a Jeanette T. Writ No. 2007-27 Civil Term Koslosky and Bobby R. Springstead R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Jeanette T. Springstead a/k/a Jeanette T. Koslosky, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Jeanette T. Springstead a/k/a Jeanette T. Koslosky. Twelve attempts at service were made by Sheriffs Deputies, but no one answers the door. There is a letter posted to the door that states the water was shut off on January 9, 2008. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested a true and correct copy of the original Real Estate Writ, Notice of Sheriff s Sale and Description to one of the within named defendants, to wit: Bobby R. Springstead, to his last known address of 332 Norton Land, Myrtle Creek, OR 97457. This letter was received on November 13, 2007 and the return receipt card was signed by Bobby Springstead. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1125 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 Jeanette T. Springstead a/k/a Jeanette T. Koslosky and Bobby R. Springstead located at 915 Calvary Street, Carlisle, 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: Bobby R. Springstead by regular mail to his last known address of 332 Norton Land, Myrtle Creek, OR 97457. This letter was mailed under the date of February 4, 2008 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 June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of the United States of America, of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,192.05. Sheriff's Costs: Docketing 30.00 Poundage 23.37 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 24.00 Levy 15.00 Surcharge 30.00 Certified Mail 5.21 Postpone sale 40.00 Law Journal 437.00 Patriot News 416.30 Share of bills 16.17 Distribution of proceeds 25.00 Sheriff's deed 39.50 $ 1,192.05 So Answers: R. Thomas Kline, Sheriff r. BY d V" Real Estate S geant x/1710 -r (,„ OAS Ck 6g5d7 dip i9/ rw ? r Z • GMAC MORTGAGE, LLC r CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JEANETTE T. SPRINGSTEAD CIVIL DIVISION A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD NO. 07-27-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, LLC, 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, 915 CAVALRY STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD 915 CAVALRY STREET CARLISLE, PA 17013 332 NORTON LAND MYRTLE CREEK, OR 97457 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 r? 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) TenantfOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 915 CAVALRY STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 22, 2007 DATE 1 J gl k? s DANIEL G. SCHMIEG, Attorney for Plaintiff .' r; GMAC MORTGAGE, LLC Plaintiff, V. CUMBERLAND COUNTY No. 07-27-CIVIL TERM JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY BOBBY R. SPRINGSTEAD Defendant(s). October 22, 2007 TO: JEANETTE T. SPRINGSTEAD A/K/A JEANETTE T. KOSLOSKY 915 CAVALRY STREET f CARLISLE, PA 17013 BOBBY R. SPRINGSTEAD 332 NORTON LAND MYRTLE CREEK, OR 97457 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL MUSED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED,.THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 915 CAVALRY STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,154.35 obtained by GMAC MORTGAGE, LLC (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. V11 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 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 Legal Description ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly direction, 169.92 feet to a point at the corners of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the corners of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 915 Cavalry Street. BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27,1988 and recorded December 27,1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "S", Volume 33, Page 917, granted and conveyed to James S. Varhola, one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. PARCEL IDENTIFICATION NO: 29-19-1639-046 CONTROL #: 29003475 TITLE TO SAID PREMISES IS VESTED IN Bobby R. Springstead and Jeanette T. Springstead, husband and wife, by Deed from James S. Varhola and Cindy H. Varhola, husband and wife, dated 05/15/1996, recorded 05/16/1996, in Deed Book 139, page 294. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-27 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From JEANETTE T. SPRINGSTEAD, a/k/a JEANETTE T. KOSLOSKY, BOBBY R. SPRINGSTEAD (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 $103,154.35 L.L. $.50 Interest from 10/23/07 to 3/05/08 (per diem - $16.96) - $2,289.60 and Costs Atty's Comm % Atty Paid $149.40 Plaintiff Paid Date: 10/31/07 (Seal) Due Prothy $2.00 Other Costs $2,740.50 .s R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 NI VE COPY FROM RECORD n Testimony whereof, ! here unto set my hard ,nd th9 SW Of said Cart at Carlisle, pa. rV CONDO Real Estate Sale # 40 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 915 Cavalry Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By: "J Real Estat Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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: January 25, February 1 and February 8, 2008 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. ie Coyne, 7,--------- SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 GC Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ZDTATE SALE NO. 40 Writ No. 2007-27 Civil GMAC Mortgage, LLC vs. Jeanette T. Springstead a/k/a Jeanette T. Koslosky and Bobby R. Springstead Atty.: Daniel.Schmieg DESCRIPTION ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Town- ship of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly di- rection, 169.92 feet to a point at the corners of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the corners of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. HAVING thereon erected a dwell- ing house known and numbered as 915 Cavalry Street. BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27, 1988 and recorded December 27, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "S", Volume 33, Page 917, granted and conveyed to James S. Varhola, one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. PARCEL IDENTIFICATION NO: 29-19-1639-046. CONTROL #: 29003475. TITLE TO SAID PREMISES IS VESTED IN Bobby R. Sprhmpt rad and Jeanette T. Springstead, hus- band and wife, by Deed from James S. Varhola and Cindy H Varhola, hus- band and wife, dated 05/ 15/ 1996, recorded 05/16/1996, in Deed Book 139, page 294. .'IV Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot-'.News Now you know CARLISLE PA 17013 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01130/08 02/06/08 02113/08 Sworn to an,4*1$cribed bgbreyrfe thW25,dgy of February, 2008 A.D. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal S1w* L. Kisner, Notery Pubk CkY Of HsntbuM, Dauphin County w o""ftwn Ex"(.)Wus Nov. 26, 2011 Member, P"mylvanls A?aoclatlon of Nota , REAL ESTATE SALE NO. 40 Writ No. 2007-27 Civil Term GMAC Mortgage, LLC VS Jeanette T. Springstead a/k/a Jeanette T. Koslosky and Bobby R. Springstead Attorney Daniei.Schmieg DESCRIPTION ALL THAT CERTAIN lot of land together with the improvements thereon erected situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 74 on the certain Plan of Additional Lot of Greenvale, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 40, and being more particularly bounded and described as follows: BEGINNING at a point on the Southern side of Cavalry Street on the dividing line between Lots Nos. 73 and 74 on said Plan; thence along said dividing line, in a Southerly direction, 169.92 feet to a point at the corners of Lots Nos. 73, 74, 58 and 59; thence along the dividing lines between Lots Nos. 74 and 59, in an Easterly direction, a distance of 75 feet to a point at the comers of Lots Nos. 74, 75, 59 and 60; thence along the dividing line between Lots Nos. 74 and 75. in a Northerly direction, a distance of 167.36 feet to a point on the Southern side of Cavalry Street; thence along the Southern side of said Street, in a Westerly direction, a distance of 75 feet to a point, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 915 Cavalry Street. BEING the same premises which Ronald N. Jumper and Patricia A. Jumper, husband and wife, by deed dated December 27, 1988 and recorded December 27, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "S". Volume 33, Page 917, granted and conveyed to James S. Varhola, one of the Grantors herein. The said Cindy H. Varhola joins in the conveyance to convey any and all interest which she may have in the above mentioned premises by virtue of her marriage to James S. Varhola. PARCEL IDENTIFICATION NO: 29-19-1639- 046 CONTROL #: 29003475 TITLE TO SAID PREMISES IS VESTED IN Bobby R. Springstead and Jeanette T. Springstead, husband and wife, by Deed from James S. Varhola and Cindy H. Varhola, husband and wife, dated 05115/1996, recorded 051161 1996, in Deed Book 139, page 294.