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HomeMy WebLinkAbout02-4060COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, 350 S. Grand Avenue, 47th Floor Los Angeles, CA 90071. 2. The name(s) and address(es) of the Defendant(s) is/are DONNA M. SPITZ, 421 E. North Street, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On May 22, 1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AAMES FUNDENG CORP. D/B/A AAMES HOME LOAN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1458 page 222. The mortgage has not been assigned unless said assignment to the Plaintiffis hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 3. The premises sul~ject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due April 15, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 5. The following amounts are due on the mortgage: Principal Balance Interest from 03/15/2002 through 08/31/2002 at 11.7000% Per Diem interest rate at $12.28 Attorney's Fee at 5.0% of Principal Balance · Late Charges from 04/15/2002 to 08/31/2002 Monthly late charge amount at $39.21 Costs o£suit and Title Search Escroxv Debit Monthly Escrow amount $0.00 $38,309.93 $2,087.59 $1,915.50 $196.05 $750:00 $43,259.07 +$4,871.55 $48,130.62 The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has bcen sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $48,130.62, together with Interest at the rate of $12.28, per day and other expenses incurred by the Plaintiffwhich are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. G ~t~;~,K McCAFFERTY & McKEEVER BY: ~OSEPhTA. GOLDBECK, JR., ESQUIRE By: ATTORNEY FOR PLAINTIFF yERIFICATION I, Diana Rankins, as the representative of the Plaintiff corporation within named do hereby verify that I am author/zed to and do make this verification on behalf of the Plaintiffcorporation and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: Diana Rankins AAMES HOME LOAN 88/85/2882 li~55 ?I7774i388 ASAP PAGE 83 THIS DEED is made this and between: DEED TA~ PARCEL #02~23 0318080 day of ~c~ca..~o~ , 1996, by ROGER C., SPrJVE and DONNA M. SPITZ,, hem~nafier referred to individually or ' collectively, as tile case may be, as GRANTOR; DONNA M. SP1T~ hereinafter referred to individually or collectively, as the case may be. as GRANTEE. WITNESSETH, that in consideration of 0ne ($1.00) Dollar, in imnd paid by GRANTEE to GRANTOR, the receipt wben~o£is hereby acknowledged, the GRANTOR doe. s hereby grant, bargain, end convey to the ea~d GRANTEE, ~ranthe's heirs and ALL THAT CERTAIN lot of ground w/th thc improvements thgreon elected, situated in tbe First Ward of the Borough of Carlisle, Cumberland County, Pcnnsylvanla, bounded and described as follows: BEGINNING at a point at the/ntersect/on of the northern line of East Notlh Street (60 feet wide) and the esstem linc of Garrison Lane; thence by the eastern line o£ Gasrieon Lane North 22 degrees 25 mlnutas ~East 155.0 fee! to a point; flmncc by lands of Kaymond Marrow South 77 degrees 07 minutes 20 seconds ~t 63,$4 fcet to an iron pin; thence by [and of Regcet Constract/on Company $ou~h 5 degrees 20 minutes West 139,60 feet to a $~1c¢; thceoe by tile nortbe~l llne of ]?-~t North $~reet North 84 degrees 40 minutes West 109 feet to the place of BEGINNING BEING improved with a seven room frame dwelling and garage known as No. 421 East North S/feet, Carlisle, Pennsylvania. BEING the same premises which Crea E. Arnold, Executrix. by deed dated Junel2, I969 and recorded in thc Recorder of Deeds Office in and for Cumberland County, Pennsylvania in DeFd Book G-23 at Page 2'70, granted and conveyed unt9 Roger C. Spic: and Donna M. Spitz, his wife, the · Grap. tors herdn:,,," Sent by: AAMES 323 210 5039; 07/26/02 9:19AMj]etFaL#657;Page 1/6 Aamea Home Loan ACT 91 NOTICE 3~90 $, Grand Avenue 47tn Floor Lo, Angeles, GA 90071 June 17, 2002 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice *hat the morr~ on your home is itt default, and tim lender intends to fore, lose. Specific information about the nature ofth~ default is provided in tho attached oa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROO, RAM (FIEMAPI may be able 1:o help [0 sgve your home. This Notice exolains how. ~m pro~rmn works_ To see ifHEMAP can heln. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCy WITHIN 30 BAYS OF THE DATg OF THIS NOTICE. Take this Notice Wit~3_ vnu whe~ you meet wiBh the Colgnseljn~ A~ancv. The name, ad4ress and phone number of Consumer Credit Counseline Aeencies serving yom' Comr~v are listed at the 0nd of tiffs Notice. If you lmve any qeestions, you may esl[ tl~e,pemmvlvania Housing Finance Aecnev roll free .at 1-800-342-2397. (Persons with moa rod I~earine can call 1717} 780-1869). This Notice contains important legal information, If you have any questions, representatives at dan Consmner Credit Counseling Agency may be able to help explaio it, You may also watt to cm~act aa a£tomey in your area. The local bax association may be able to help you find a lawyer. LA NOTIFICAC1ON EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIV[ENDO EN SU CASA. SI NO COMI~RENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO per El. PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EiL CUAL PUEDE SALVAR SU CASA DE LA PEKD1DA DEL DER. ECHO A KF, DIMIR gU HJI~OTEGA, Drama M. Spitz 421 East North Street Carlisle, PA 17013 LOAN ACCT. NO.: 4474155 ORIGINAL LENDER: Aames Home Loan CURRENT LENDER/SERVICER: Aamgs Hom~ Loan Mailing Address: PO Box 76930. Los Angeles, CA g0076 OFF 000 4474155 g ~r.~ffa--A"/g:;-'-~o a,~ No. DONNA M SPITZ ~ ~T;-giZij'k}gT' 421 E NORTH SWEET CARLISLE PA 17013 Sent by: AAMES 323 210 5039; 07/26/02 9:19AMj]p.J~#657;Page 2/6 PaBe 2 ef 5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBL,[~ FOR .FINANCIAL ASSISTANCE WHICH CAN SAVE yOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FtJTURE MORTGAGE i~AYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORT{SAGE ASSISTACE ACT OF t983 (THE "ACT"). YOU MAY BE ELIGIBLI~ FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOUND YOUR CONTROL, IF YOU HAVE A RF,,ASON~LE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISH]ED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAy OF ~FORECLOSURE-~-Under the Act, you are entitled ~o a temporav~ stay of foreclosure on your mortgage for thiiZy (30) days from the date of this Notice. During that Qms you must arrange az~d attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANC]~, you MI. IgT I~I~ING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE Up TO DATE CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of thc cOnSumer credit counseling agencies listed at thc cad of this notice, tho lender may NOT tak~ action again~ you for thirty (30) days after the date ~f this meeting. The name.q, addresses and telenhone numbers of des~nated consumer credit counselila~ a~encies for the countyin which the property is locat~l are set forth atlhe end of ~ It is only nee~sazy to schedule one face-m-face meeting Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in dofautt for the reasons set forth later in this Notice (so~ page 3 for specific information about fl~ nature of your default.) If you have tried and are unable to resolve fids problem with the lender, you have thc righ~ to apply for financial ussistmtee from the Homeowner'~ Envargcncy Mortgage Assistance Program. To do so, you must fill ou~, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice_ Only consumer credit counseling agencies have applications for the program and racy will assist you in submitting a complete application to the Pennsylvani, Housing Finance Agency. Yom' application MUST bo filed or lmStm~rked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TiME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOM~ IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE AS$1STANCE WILL BE DIgNII~D. Sent by: AAMES 323 210 5039; 07/26/02 9:20AM;]etFeL#657;Page 3/6 AGENCY ACTION--Avaik~ble funds for emergency mortgage assistance ar~ very limited. Th~.y will be disbursed by tho Agency ~mder thc eligibility criteria establisl~d by thc Ag. Thc Pennsylvania Housing Finance Agency has si~ty (60) days to make a decision after it receives your applicatian. During tl~t fim~, no foreclnsnrc procee, ding will be pursued agai~mt you if you have met the time requirements set forth above, You will bo notified dit~e£1y by the Pennsylvania Housing Finance Agency of its de~ision on your application. NOTE: IF YOU ARE CURP~NTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you lmve filed bankruptcy you can still apply for Emergency Mo~g~gn Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TH.~2 DEFAUL..T~-The MORTGAGE debt held by the above ~ditor on your prapar~y lo~a~d at: 421 East Nm~h Street, CarlYle, PA 17013 IS SERIOUSLY IN DEFAULT b~ausc: A. YOU HAVE NOT MADE THE MONTHLY MORTGAOI~i PAYMENTS for th~ following months and the following amotmts ~e now past due: Descri~ti°t3 Amount due Monthly Payments of $392.18 p~r month are due from 04/15/02 to 06/15/02. Leto charges of $39,21 per month are due from 04115102 to 05115/02. Prope~y Inspection F~ Interest on Fees Tax Delinquency Search Fee Property Taxes Credit $1176.54 $78.42 $65.80 $504.52 $15.00 $4244,25 $(193.00) TOTAL AMOUNT PAST DUE: $5891.5.] Sent by: AAMES 323 210 5039; 07/26/02 9:20AM;]etFaL#657;Page 4/6 Page 4 of 5 HOW TO CURE THE DFFAIJ~T---YOU may cure the default within THIRTY (30) DAYS of'tho date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5891.$3, PLUS ANY MORTGAGE PAYMENTS AND LATE CHAROES WI-IICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments mo-~t be made either bv cash. cashier's ehet~k, certified check or money order made payable ~nd sent to: AAMES HOME LOAN 350 South Grand Avenue, 43~ Floor Los Angeles. CA 90071. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the ~te ofthi~ Notice, t~e lender intends tn exercise its rights to accelerate the morteaee debt~ This means that the ~ntire outstanding balance of this debt will be considered due immediately mad you may lose the chance to pay the mortgage in monthly instalhnents. If ~ payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its mtomeys to stun legal action to foreclose uoon your mortgaged ~ronerty. IF THE MORTGAGE IS FORECLCLgED UPON~The mortgaged property will be sold by the ShcrLffW pay off'the mortgage debt. If the lender r~fers your case to its attorneys, but you cure the delinquency before the lender begins legal prOCeedings against you, you will still be required to pay the reasona,ble atIorn~'s fees that were actually incurred, up to $50.00. However, if legal proceedings are stoned against you, you will have to pay all reasonable attorney's fees actually ineurred by the lender own if they exceed $50.00. Any attorney's fee will be added to the amom~t you owe the lender, which may also inelude other reasonable ~osts. If you cure the default within the THIRTY (30) DAY period~ yon will not be required to pay attorney's fees. OTHER LENDER REMEDIE.g---The lender may also sue you personally tbr the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALSa--If you have not cared ~e default within the THIRTY (30) DAY period and foreclosure proceeding h~ve begun, you still have the ri~h~ to cure the default and orevenr the sale at any lime un too~e hour before the gheri~s fi~le. You may ~o so by oavine the total amount then past due. plus any-lam or other charges then due_ reasonable attorney's fees and c.o~t..s connected with the foreclosure sale and any other costs con.~!ec~ with the Sheriff's Sale as so~ifie~l h, wrlIme by the lender mad by performine any other requirements under the mortgage Curing )'our default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that suoh a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) mouths from the date of this Notice. A unticc of thc actual date of thc Sheriff's Sale will be sent to you bcfor~ the sale, Of course, the amom~t needed to cure the d~fanlt will inerea~ tho longer you wait_ You may find out at any time ~xactly what the rtu:luirefl payment or action will be by contacting the louder. Sent by: AAME9 323 210 503@; 07/26/02 9:20AM;]etFax_#657;Page 5/6 Page 5of5 HOW TO CONTACT THE LENDER: Aames Home Loan Camp Hill Branch 214 Senate Avenue Suite #600 Camp Hill. PA 17011 Phone Number: (717) 731-1010 Fax Number: (717) 731-0909 Contact Person: Robin Blazina EFFECT OF SHERIFF'S SALE--You should realize, that a Sheriff's Sale will end your ow.u~i'ship of the mortgaged property ami your right to occupy it, If you continue to live in the prop~y aRer the Sheriff's Sale, a lawsuit to remove you and your furnishings and oth~ belong~ags could be started by the lender at any time. ASSUMPTION OF M. ORTG~.GE---you may not sell or tm~ft~r your home to a buyer or txansferoe who will assume the mot[gage debt, provided that all the outstanding payments, charges and attorney's fees and costs am paid prior to or at tho sale and that the othe* require, ments of tho mortg~o am sahsfiext. YOU MAY ALSO HAVE TI-IR RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LE2NDINO INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO TH~ SAME POSFFION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS R~GHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTOAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, TO SEEK PROTECTION UNY)ER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Please see attached oa~efs)~) Special Assexs Depaslmeat Nelson Doranms (800) 697-8974 SHERIFF'S CA~E NO: 2002-04060 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND A~_MES FUNDING CORP DBA AAMES H VS SPITZ DONNA M RETURN - NOT SERVED R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SPITZ DONNA M but was unable to locate Her in his bailiwick. COMPLJIINT - MORT FORE He therefore returns the the within named DEFENDANT , SPITZ DONNA M NOT SERVED , as to UNABLE TO SERVE PAPER. MANY ATTEMPTS WERE MADE WITH SOMEONE OBVIOUSLY HOME. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 SHERIFF OF CUMBERLAND COUNTY GOLDBECK MCCAFFERTY MCKEEVER 09/24/2002 Sworn and subscribed to before me this ~ ~ day of ~2~2~ A.D. Prdtt~onotary ' ! ' GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4060 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2002-04060 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF CUMBERLAND AAMES FUNDING CORP DBA AAMES H VS SPITZ DONNA M KENNETH GOSSERT Cun~erland County,Pennsylvania, says, the within COMPLAINT SPITZ DONNA M - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon the DEFENDANT at 2113:00 HOURS, at 506 N BEDFORD STREET CARLISLE, PA 17013 DONNA SPITZ a true and attested copy of COMPLAINT - on the 29th day of October 2002 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of A.D. Prdthonotary So Answers: R. Themas Kline 10/30/2002 GOLDBECK MCCAFFERTY MCKEEVER PRAECIPE FOR_ \VR1T O[" z'XECUT[ON - (MOR. TGAGE FORF-CLOSURE) ?.R.C.P 3180-3 I~;3 Joseph A. Goldbeck, Jr. A/lomey 1.1).//16132 Suite 500 - Thc Bourse Bldg. 11 I S. Independence Mall East Philadclphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47Ih Floor Los Angcles, CA 90071 VS. DONNA M. SPITZ Mortgagor(s) and Record Owner(s) 421 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland Couoty CIV1L ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERaM PRAECIPE FOR WRIT OF EXECUTION TO TIIE PROTHONOTARY: lssne Writ of Execution in the above matter: AnlountDne Interest~om 03/15/2002to 11/27/2002 at 11.7000% (Costs to be added) $49,328.89 BY: Josepl~p'~. Gold Attorney Fo? P kq/ntil McKEEVER © ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN THE FIRST WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, FOLLOWS: PENNSYLVANIA, BOUNDED AND DESCR/BED AS BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTHERN LINE OF EAST NORTH STREET (60 FEET WIDE) AND THE EASTERN LINE OF GARRISON LANE; THENCE BY THE EASTERN LINE OF GARRISON LANE NORTH 22 DEGREES 25 MINLq~TES EAST 155.0 FEET TO A POINT; THENCE BY LANDS OF RAYMOND MARROW SOUTH 77 DEGREES 07 MINUTES 20 SECONDS EAST 63.54 FEET TO AN IRON Pr~; THENCE BY LA~ OF REGE~ CONSTRUCTION CO.ANy SOUTH 5 ~ES~ 20 M~rES WEST m60 FEET c~ut~IHERN L/NE OF EAST xtr~r,~, ..... TO A STAKE; THENCE BY THE *,,-,~.~n ~IKEET NORTH 84 DEGREES 40 MINUTES WEST 109 FEET TO THE PLACE OF BEGINN/NG. BEING IMPROVED WITH A SEVEN ROOM FRAME DWELLING AND GARAGE KNOWN AS 421 EAST NORTH STREET CARLISLE, PENNSYLVANIA. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 421 E. North Street Carlisle, PA 17013 SOLD as the property of DONNA M. SPITZ TAX PARCEL #02~21-0318-080 WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Commonwealth of Pennsylvania: In the Court of Common Pleas of Cumberland County No. 02-4060 CIVIL TERM WRIT OF EXECUTION (MORTGAGE FORECLOSURE) County of Cumberland To the Sheriff of Cumberland County,_Pennsylvania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following descr/bed property: PREMISES: 421 E. North Street Carlisle, PA 17013 See Exhibit "A" attached AMOUNT DUE Interest From 03/15/2002 Through 11/27/2002 $49,328.89 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvan/a Deputy In the Court of Common Pleas of Cumberland County AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 vs. DONNA M. SPITZ (Mortgagor(s) and Record Owner(s)) 421 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) No. 02-4060 CIVIL TERM PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING TIlE DEBT. Enter the Judgment in favor of Plaintiff and against DONNA M. SPITZ by default for want of an Answer. Assess damages as follows: Debt $49,328.89 Interest - 03/15/2002 to 11/27/2002 Total (Assessment of Damages attached) I CERTIFY TIIAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN TIIE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment ,flor to the date of the is to be entered and to his attorney of record, if any, after the default occurred and at east ten day, gl filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NOW ._ ~.3~~'~ ,'~, 4 ~ (flo~ ,Judgment is entered in favor of AAMES FUNDING CORP. D/B/A AAMES ttOME LOAN and against DONNA M. SPITZ by default for waat of an Answer and damages assessed in the sum °f $49'328'89 as per the ab°ye cDcati°n'Prothonotary( -~4~/] /~ ~Q~'~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avemie 47th Floor [.os Angeles, CA 90071 VS. DONNA M. SPITZ (Mortgagor(s) and Record owner(s)) 421 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of' Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM ORDER FOR JIYDGMENT Please enter Judgment in favor of AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, and against DONNA M. SPITZ for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $49,328.89. Jo ~ AtSt; rPnheyA'f~Ji~ I hereby certify that the above names are correct and that the precise residence address ofthejudgmcnt creditor is AAMES FUNDING CORP. D/B/A AAMES IIOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 and that the name(s) and last known address(cs) of' the Defendant(s) is/are DONNA M. SPITZ, 506 North Bedford Street Carlisle, PA I70I 3; Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 03/15/2002 through 11/27/2002 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit $38,309.93 $3,168.23 $1,915.50 $313.68 $750.00 $4,871.55 ($0.00) $49,328.89 GOLDBECK M~EEVER BY: Joseph A. GO/dbcck, Jr. Attorney For Plai~'tiF£ AND NOW, this 3'[~[, day of.~ ,2002 damages are assessed as above. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DONNA M. SPITZ, is about unknown years of age, that Defendant's last known residence is 506 North Bedford Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions Congress of Date: of the Soldiers, and Sailors' Civil 1940 and its Amen~ Relief Action of THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 19, 2002 TO: DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 AAMES FUNDiNG CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. DONNA M. SPITZ (Mortgagor(s) and Record Owner(s)) 421 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4060 CIVIL TERM TO: DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 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 (I0) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: E ND COUNTY BAR ASSOCIATION B~scph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite SOO - The Bourse Bldg. I 11 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 19, 2002 TO: DONNA M. SPITZ 506 N. Bedford Street Carlisle, PA 17013 AAMES FUNDING CORP. D/B/A AA/VIES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. DONNA M. SPITZ (Mortgagor(s) and Record Owner(s)) 421 E. North Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TerlTl No. 02-4060 CIVIL TERM TO: DONNA M. SPITZ 506 N. Bedford Street Carlisle, PA 17013 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LE~ cotnm~B^R ~socm~oN B~s~ph A. Go[dbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. I l I S. Independence Mall East Philadelphia, PA 19106 215-627-I322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. No. 02-4060 CIVIL TERM DONNA M. SPITZ (Mortgagors and Record Owner(s)) 421 E. North Street Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING TIIE DEBT. NOTICE Notice is given that a judgmeut in the above-captioned matter bas been entered against you. Curt Long ~ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadclphia, PA 19106 215-627-1322 Goldbeck McCafferty & McKecver · BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 The Bourse Bldg. 111 S. Independence Mai1 East Philadelphia, PA 19106 215-627-1322 Attorney l'or Plaintiff AAMES FUNDING CORP. D/B/A AAMES IIOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ (Mortgagor(s) and Record Owner(s)) 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 421 E. North Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed O~vner(s): DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the .judgment: DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 AMERICAN GENERAL CONSUMER DISCOUNT CO. 6 South Ilanover Street Carlisle, PA 17013 PROVID1AN NATIONAL BANK P.O. Box 7648 Philadelphia, PA BOROUGtl OF CARLISLE ****AWAITING ADDRESS***** 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of xvhom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of xvhom the plaintiffhas knowledge M~o has any interest in the properly which may be affected by the sale. (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworo falsification ~o authorities. DATED: November 27, 2002 GOLDB~ & McKEEVER BY: Josep..b ~.]~ol?~ec~, J~., Esq. Attorney fo~aintiff 02-4060 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN IN THE COURT OF COMMON PLEAS 350 S. GrandAvenue 47thFloor Los Angeles, CA90071 VS. DONNA M. SPITZ Mortgagor(s) and Record Owner(s) 421 E. North Street Carlisle, PA 17013 Plaintiff Defendantl of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4060 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPITZ, DONNA M. DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 Your house at 421 E. North Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $49,328.89 obtained by AAMES FUNDING CORP. D/B/A AAMES HOME LOAN against you. 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 AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 02-4060 CiVIL TERM 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU ItAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may £md out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sherifl's 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 (I0) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ Mortgagor(s) and Record Owner(s) 421 E. North Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-4060 CIVIL TERM CERTIFICATION AS TO TItE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiffin this action, and I further certify that this property is subject to Act 9l of 1983 and the Plaintiff has complied with all the provisions of the Act. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4060 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AAMES FUNDING CORP., d/b/a AAMES HOME LOAN Plaintiff (s) From DONNA M. SPITZ, 506 N. BEDFORD ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 421 E. NORTH ST., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also thrected 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 $49,328.89 L.L. $.50 Interest FROM 3/15/02 TO 11/27/02 ~ 11.7000% Atty's Comm % Atty Paid $150.25 PlaintiffPaid Date: DECEMBER 3, 2002 (Seal) REQUESTiNG PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL, EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Due Prothy $1.00 Other Costs CURTIS R. LONG Protho~tary By: (~.~f~C_ ~l ~4~x~ D?Uty ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ Mortgagors and Record Owners 421 E. North Street Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa. ILC.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office~n~,t~dult () Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attadhed). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. ~R..e~lly submitted, ~ '"'--I~/~ePPcA. C_~ldb;ck, Jr. A~ey for Plaintiff TO: 7160 3901 9844 1074 5755 SPITZ, DONNA M. DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER November 27, 2002 REFERENCE: SPITZ, DONNA M. / AMS-0482 03/05/03 - Cumberland PS Form 3800, June 2000 Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees RETURN Postage RECEIPT SERVICE US Poslal Sewi~ Rec.e. ipt for. Certified Mad No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRSt'. CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the fo~m 3811, Domestic return receipt by tear- ing left to right across perf. Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your mailcenter, or post office service window. (SEE ILLUSTRATION) 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt, 5. Save this receipt and present it if you make an inquiry. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff vs. DONNA M. SPITZ Mortgagor and Record Owner 421 E. North Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 024060 CIVIL TERM SUPPLEMENTAL AFFIDAVIT PURSUANT TO RUI,F. 3129 AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 421 E. North Street Carlisle, PA 17013 1.Name and address of Owner or Reputed Owner: DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 2. Name and address of Defendant in the judgment: DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 BOROUGH OF CARLISLE 53 W. South Street Carlisle, PA 17013 AMERICAN GENERAL CONSUMER DISCOUNT CO. 6 South Hanover Street Carlisle, PA 17013 PROVIDIAN NATIONAL BANK P.O. Box 7648 Philadelphia, PA 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiffhas knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: February 21, 2003 AAMES Funding Corp. d/b/a AAMES Home Loan VS Donna M. Spitz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4060 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck, Jr. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Certified Mail 3.10 Law Journal 209.60 Patriot News 179.17 Poundage 10.41 Share of Bills 25.21 $ 530.89 paid by attorney 03/06/03 Swom and subscribed to before me This/~ day of ~ Prothonotary So Answers: R. Thomas Kline, S Real Estat~ Deputy proo~ o~ pub~%cau under Act No. ~87, Approved t~Aay commonwealth o~ pennsyNa~a, County ct Dauph~n~ ss law, deposeS an~ sayS: That he is the Asst. ,joSEPH A. DENNISON being duty sworn according t°e~sting under the t~s ol the Commonwealth of 812 to 818 Market Street, in the CiW of Harrisburg, controller ct The patriot NewS Co., a corporation org~nize~ o~ ~ ~ the CiW, County and State pennsylvania, with its princiPat office and place ct business at at 812 to 818 Market Street, counW of DaUphin, State o~ pennsylvania, owner and publisher patriot-News were established March 4t~, 1854, ~ September newspapers ct general circulation, printed and pubtishe~ aioresaid; that The patriot-NewS and The Sunday ever since; 1949, respectivelY, and all have been continuously published 18th, That the printed notice or publication which is securely attached hereto is exactly as pfinteO and published in their regular daily and/or sundaY/ Metro editions which appeared on the 28th Oay[s~ of JanuaW an~ the 4th and 11th daY(,s) ol FebrUaW 2003. That neither he nor s~ Company is interested in the sub~ect matter ct s~d printed notice or adveAising, and that alt of the allegations ct this statement as to the time, ~lace and character is duty author~e~ ~n6 empowered to veri~ this and publication are true; and That he haS personal knowledge ct the tacts atoresaid and statement on behalf of The Patriot-News Co. stores~d by viAue and pursuant to a r~olutJon unanimously passed ~dopted severally by the stockholders and board ct directors of the said company an~subsequently duly recorded in the office for the Recording of Deeds in and for said CounW oi Dauphin in Miscetl~nees Book "M", Volume 14, page 317. ~...~'..': ........... ........................... 3A.D. pUBLICATION co. My co~°n expires June 6, 2006 CUMBERLAND CouNTY sHiS OFFICE CUMBERLAND CoUNTY CdOusE CARLISLE, PA. 1701,' Statement of Advertisi~°sts To THE PATRtOT'NEWS~r' For pub[ishing the notice or pus attached $ hereto on the above stated3tary Fee(s) $ Probating same $ Total 177.42 1.75 179.17 , t for Advertisin¢ - .-,,*her s Receip ,. ~ ot-News, newspapers of general ~U - --i~and ~ and certifies that the same have Co., publisher of ~ and pubiicat' ~edge receipt of the atores=~u ,'~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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 31, FEBRUARY 7, 14, 2003 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 tree. REAL ESTATE SALE NO. 38 Writ No. 2002-4060 Civil AAMES Funding Corp., d/b/a AAMES Home Loan VS. Donna M. Spitz Atty.: doseph Goldbeck, dr. ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania. bounded and described as follows: BEGINNING at a point at the in- tersectlon of the northern line of East North Street (60 feet wide) and the eastern line of Garrison Lane; thence by the eastern line of Garri- son Lane North 22 degrees 25 min- utes East 155.0 feet to a point: thence by lands of Raymond Mar- row South 77 degrees 07 minutes 20 seconds East 63.54 feet to an iron pin; thence by land of Regent Construction Company South 5 de- isa Marie Coyne,/F}ditor SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 ~-he eastern line df Garrison Lane; thence by the eastern line of Garri- son Lane North 22 degrees 25 min- utes East 155.0 feet to a point; thence by lands of Raymond Mar- row South 77 degrees 07 minutes 20 seconds East 63.54 feet to an iron pin; thence by land of Regent Construction Company South 5 de- grees 20 minutes West 139.60 feet to a stake; thence by the northern line of East North Street North 84 degrees 40 minutes West 109 feet to the place of beginning. BEING improved with a seven room frame dwelling and garage known as 421 East North Street, Carlisle, Pennsylvania. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 421 E. North Street, Carlisle, PA 17013. SOLD as the property of DONNA M. SPITZ. TAX PARCEL #02-21-0318-080. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A.'Goldbeck, Jr. Attorney I.D.#16132 SuRe 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW DONNA M. SPITZ Mortgagor(s) and Record Owner(s) 421 E. North Street Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/15/2002 to 11/27/2002 at 11.7000% (Costs to be added) $49,328.89 GOLDBEC~K -~RTY & McKEEVER BY: Joseph A.~Gt~dbl~? Jr. Attorney for Pl~iff ~ ~ ALL THAT CERTAIN LOT OF GROUND WITH TIIE IMPROVEMENTS THEREON ERECTED, SITUATE 1N THE FIRST WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND [)ESCRIBED AS' FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTHERN LINE OF EAST NORTH STREET (60 FEET WIDE) AND TIlE EASTERN LINE OF GARRISON I.ANE; THENCE BY THE EASTERN LINE OF GARRISON LANE NORTH 22 DEGREES 25 MINUNTES EAST 155.0 FEET TO A POINT; THENCE BY LANDS OF RAYMONI) MARROW SOUTH 77 DEGREES 07 MINUTES 20 SECONDS EAST 63.54 FEET TO AN IRON PIN; THENCE BY [,AND OF REGENT CONSTRUCTION COMPANY SOUTH 5 DEGREES 20 MINUTES WEST 139.60 FEET TO A STAKE; THENCE BY THE NORTHERN LINE OF EAST NORTH STREET NORTH 84 DEGREES 40 MINUTES WEST 109 FEET TO THE PLACE OF BEGINNING. BEING IMPROVED WITH A SEVEN ROOM FRAME DWELLING AND GARAGE KNOWN AS 421 EAST NORTH STREET CARLISLE, PENNSYLVANIA. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4060 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AAMES FUNDING CORP. D/B/A AA/VIES HOME LOAN, Plaintiff (s) From DONNA M. SPITZ (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 $49,328.89 L.L. Interest FROM 3/15/02 TO 11/27/02 AT 11.7000% Atty's Comm % Due Prothy Atty Paid $693.64 Other Costs Plaintiff Paid Date: OCTOBER 9, 2003 (Seal) $1.00 CURTIS R. LONG Prothono ~ta~ry REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Deputy Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ Mortgagor(s) and Record Owner(s) 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-4060 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A.~Jr. 'ttom ' f° 'a ti2, Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center. 'dj1 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaimiff VS. DONNA M. SPITZ (Mortgagor(s) and Record Owner(s)) 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIViL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, Plaintiffin the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 421 E. North Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 3. Name and last known address of every judgmeut creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 BOROUGH OF CARLISLE 53 W. South Street Carlisle, PA 17013 AMERICAN GENERAL CONSUMER DISCOUNT CO. 6 South Hanover Street Carlisle, PA 17013 PROVIDIAN NATIONAL BANK P.O. Box 7648 Philadelphia, PA 4. Name and address of the last recorded holder of every mortgage of record: CCNB BANK, N.A. 331 Bridge Street New Cumberland, PA 17070 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale. TENANTS / OCCUPANTS 421 E. North Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree 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. Section 4904 relating to unsworn falsification to authorities. DATED: October 7, 2003 GOLDB~E BY: Jose Attorney c ~ERTY & McKEEVER k, Jr., Esq. 02-4060 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP, D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff vs. DONNA M. SPITZ Mortgagor(s) and Record Owner(s) 421 E. North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County C1VIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4060 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SItERIFF'S SALE OF REAL PROPERTY TO: SPITZ, DONNA M. DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 Your house at 421 E. North Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $49,328.89 obtained by AAMES FUNDING CORP. D/B/A AAMES HOME LOAN against you. 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 AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 02-4060 CIVIL TERM 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 mount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due fi.om 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 a 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 Sheriffthirty (30) days fi.om the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 USBC PAM - LIVE - V2.2 - Docket Report Page 1 of 4 CREDS, CLAIMS, 341Held U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition It: l:03-bk-01143-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Donna M Spitz 421 E NORTH ST CARLISLE, PA 17013 SSN: 198-34-6395 Debtor Date Filed: 02/28/2003 represented by James K. Jones 7 IRVINE ROW CARLISLE, PA 17013-3019 717 240-0296 Charles J. Dehart, III P.O. BOX 410 HUMMELSTOWN, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717-221-4515 Asst. U.S. Trustee Filing Date # 03/22/2002 5 02/28/2003 1 02/28/2003 2_ 03/13/2003 3 Docket Text ORDER fixing hearing date on 04/28/03 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 4, [CR], ORIGINAL NIBS DOCKET ENTRY #5 (Entered: 03/22/2003) VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Plan and Summary, [DP], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 02/28/2003) Ch. 13 Plan Re: Item # 1, [DP], ORIG1NAL NIBS DOCKET ENTRY #2 (Entered: 02/28/2003) CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due 15 days after meeting held., [AUT], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 03/13/2003) USBC PAM - LIVE - V2.2 - Docket Report Page 2 of 4 03/19/2003 4 04/01/2003 04/01/2003 7 04/02/2003 8 04/09/2003 9 04/09/2003 11 04/10/2003 10 04/16/2003 12 04/17/2003 13 04/18/2003 14 04/21/2003 15 OBJECTION to Claim #2 OF AAMES HOME LOAN BY DEBTOR, [CR], ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 03/20/2003) 6 CERTIFICATE of service Re: Item # 5, [CR], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 04/02/2003) MOTION to avoid a lien RE: WELLS FARGO FINANCIAL DISCOUNT COMPANY, [CR], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 04/02/2003) ORDER that answers are due on 04/22/03 Re: Item # 7, [CR], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 04/02/2003) MOTION for relief from stay RE: AAMES FUNDING CORPORATION DBA AAMES HOME LOAN. FEE PAID. RECEIPT #594028, $75.00. [Entered: 04/09/03], [CR] CERTIFICATE OF NON-CONCURRENCE, [CR], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 04/09/2003) CERTIFICATE of service Re: Item # 10, [DS], ORIGINAL NIBS DOCKET ENTRY #11 (Entered: 04/10/2003) ORDER fixing hearing date on 05/14/03 at 09:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 9 [Rescheduled], [CR], ORIGINAL NIBS DOCKET ENTRY gl0 (Entered: 04/10/2003) CERTIFICATE of service Re: Item # 10, [CR], ORIGINAL NIBS DOCKET ENTRY #12 (Entered: 04/17/2003) OBJECTION to plan by AAMES FUNDING CORPORATION d/b/a Aames Home Loan Re: Item # 2, [SP], ORIGINAL NIBS DOCKET ENTRY #13 (Entered: 04/18/2003) Praecipe/Withdraw filed by Movant Re: Item # 9 [Entered: 04/18/03], [KZ] This entry cancels the previous due date. Re: Item # 10, [KZ], ORIGINAL NIBS DOCKET ENTRY #14 (Entered: 04/18/2003) CORRESPONDENCE SETTING HEARING WITH JUDGE MARY D FRANCE PRESIDING on 05/20/03 at 09:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 13, [CR], ORIGINAL NIBS DOCKET ENTRY #15 (Entered: 04/21/2003) 04/22/2003 16 OBJECTION to Plan by Trustee., [CR], ORIGINAL NIBS USBC PAM - LIVE - V2.2 - Docket Report Page 3 of 4 04/23/2003 17 04/28/2003 18 05/01/2003 20 05/02/2003 19 05/20/2003 21 05/20/2003 22 06/10/2003 23 07/10/2003 24 08/19/2003 25 09/04/2003 26 DOCKET ENTRY 816 (Entered: 04/22/2003) 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY 817 (Entered: 04/24/2003) PROCEEDING MEMO: phone conference held. Matter to be heard on May 20, 2003 along with objection to plan. Re: Item 8 4, [EW], ORIGINAL NIBS DOCKET ENTRY 818 (Entered: 04/29/2003) MOTION for default judgment Re: Item 8 7, [CR], ORIGINAL NIBS DOCKET ENTRY 820 (Entered: 05/02/2003) CORRESPONDENCE SETTING HEARING WITH JUDGE MARY D FRANCE PRESIDING on 05/20/03 at 09:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item 8 18, [CR], ORIGINAL NIBS DOCKET ENTRY 819 (Entered: 05/02/2003) Order Granting Motion To Avoid Lien (RE: related document(s) [7] )., Granting Motion For Default Judgment (RE: related document (s)[7]). (Rudy, Christina) (Entered: 05/20/2003) Proceeding Memo: Hearing on AAMES Funding's objection to plan held. Debtor to file amended plan, and AAMES to file amended claim within 30 days. (RE: related document(s)[15], [13] ). (Weigel, Erma) (Entered: 05/20/2003) Certificate of Service re: Amended Proof of Claim Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Aames Home Loan. (Rudy, Christina) (Entered: 06/13/2003) Certificate of Service of notice fixing hearing on Trustee's objection to plan Filed by Charles J. Dehart III (RE: related document(s)[16] ). Hearing scheduled for 8/14/2003 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor ), Federal Building, Harrisburg, PA. (CR) (Entered: 07/10/2003) Proceeding Memo re hearing continued to November 13, 2003 at the previously scheduled location and time Filed by Charles J. Dehart III (RE: related document(s)[24], [16] ). (CR) (Entered: 08/19/2003) Motion for Relief from Stay with Non-Concurrence. Filing fee due in the amount of $ 75.00 Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Aames Home Loan. (CR) (Entered: 09/04/2003) 09/04/2003 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number USBC PAM - LIVE - V2.2 - Docket Report Page 4 of 4 09/04/2003 27 09/09/2003 28 09/30/2003 29 599402 Fee Amount $ 75 (RE: related document(s)[26] ). (CR) (Entered: 09/04/2003) Order (RE: related document(s)[26] ). Answers are due on: 9/19/2003. Hearing scheduled for 10/1/2003 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (CR) (Entered: 09/04/2003) Certificate of Service Filed by Gary E McCafferty of Goldberg McCafferty and McKeever on behalf of Aames Home Loan (RE: related document(s)[26] ). (CR) (Entered: 09/10/2003) Order Granting Motion for Relief from Stay (RE: related document(s) [26] ). (CR) (Entered: 09/30/2003) I PACER Service Center I Transaction Receipt I 10/07/2003 15:31:15 IPACER Login: Ilia0060 I[Client Code: I IDeseription: IIDocket Report Ilcasc Number: 111:03-bk-01143-MDF Iaillable Pages: II2 Ilcost: II0.14 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.g42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) iN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024060 CIVIL TERM THIS IS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. .PLAINTIFF'S PETITION TO AMEND JUDGMENT AND NOW, this Plaintiff, AAMES FUNDING COPG'. D/B/A AAMES HOME LOAN, petitions the Court to Amend Judgment for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on August 21, 2002. 2. On December 03, 2002, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $49,328.89, based upon the demand in Plaintiffs Complaint. (Copies of the Complaint and Judgment are attached hereto collectively as Appendix III) 3. On February 28, 2003 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District District of Pennsylvania (No. 03-01143) which stayed further prosecution of Plaintiffs action in mortgage foreclosure. 4. By order of United States Bankruptcy Corot dated September 30, 2003 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 5. Since the filing of the Complaint, interest has been accruing as have the escrow balance deficit and late charges under the terms of the mortgage contract involved. 6. Due to the stay of proceedings, Plaintiffs judgment is now insufficient to satisfy the amounts due and owing on the mortgage and the nmrtgage lien on the property in question. 7. Upon disposition of this petition and the scheduling of a Sheriffs Sale on March 03, 2004, the amounts due and owing on the mortgage will be as follows: Principal Balance Interest from 07/01/02 thru 03/03/04 at 11.7000% Per diem interest rate at $12.28 Attorney's Fee at 5.0000% of principal balance Late Charges per Complaint Costs of Suit and Title Search Escrow Balance Deficit $38,234.20 $7,291.17 · .31,911.71 $1,137.09 $750.00 $10,357.47 TOTAL $59.681.64 WHEREFORE, Plaintiff prays that the Petition be grant1 amended to $59,681.64, plus interest and costs. Gary ~. Mc and Plaintiff's Judgment be afferty, Esq. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CWIL TERM VERIFICATION Gary E. McCafferty, Esq., hereby states that he is the attorney for Petitioner within named and that all of the facts set forth within the attached Petition to Amend its Judgment are the best of his knowledge, inforn~n and~belief. The undersigned true and correct to /1 understands that the foregoing statements are made subject ~,xtlt~,e p~a~8 P.S. Section 4904. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIViL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing on the mortgage contract at the time of the Sheriff's Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate: Plaintiff for the amount due and owing under the mortgage. Specifically, interest' charges, the escrow balance deficit and late charges have all been accruing while Plaintiff's action in mortgage foreclosure was stayed by Defendant(s) bankruptcy petition. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiff's judgment be amended to $59,681.64, plus interest and costs. R i~llys: ,mitted, F-~-~~~u 1 r e GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 ]Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDiNG CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) iN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM CERTIFICATION OF SERVICE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiff's Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) DONNA M. SPITZ 421 EAST NORTH STREET, CARLISLE, PA 17013 and 506 NORTH BEDFORD STREET, CARLISLE, PA f~ctober'~ ' 16, 2003 Gary E. erty, ~ JOSEPH A. GOLDBECK, JR, GARY E. McCAFFERTY* MICHAEL T, McKEEVER* KRISTINA G. MURTHA* GOLDBECK McCAFFERTY & McKEE~/ER A Professional Corporation Attorney's at Law SUITE 5000 MELLON INDEPENDENCE CENTER 701 Market Street PHILADELPHIA, PA 19106-1532 (215) 627-1322 fax (215) 627-7734 October 16, 2003 DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 And 421 east north street Carlisle, PA 17013 RE: AAMES FUNDING CORP. D/B/A AAMES HOME LOAN VS. DONNA M. SPITZ NO. 02-4060 CIVIL TERM Dear DONNA M. SPITZ: Enclosed please find a copy of Plaintiff's Petition to Amend Judgment, the odginal of which has been duly filed of record with the Court. GEM/mrw Enclosure GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney LD.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P~ 19106-1532 215-627-1322 Attorney for Plaintiff AAMEs FUNDIN~ CORP. LOzLN 350 S. Grand Avenu 47th Floor Los Angeles, CA 90 VS. DONNA M. SPITZ 421 E. North Street Car/isle, PA 17013 D/B/A AAMEs HOME Plaintiff Defendant(s) IN THE COURT OF COMMON PLEA of Cumberland County CIVIL ACTION _ LAW ACTION OF MORTGAGE FORECLosui~ No. 024060 CIVIL TERM AND NOW, a r Plaintif£s Motion to Am Rule returnable~ Date: de is entered Upon Defendant(s) to show Cause why the relief requested md Judgment Should not be granted, in J. 3 2003 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney LD.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS, Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 IN TIdE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024060 CIVIL TERM Defendant(s) CERTIFICATION OF SERVICE Gary E. McC PlaintifFs Petition to Defendant(s) DON~ and 506 NORTH BI afferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Amend Judgment was mailed by first class mail, postage prepaid to IA M. SPITZ 421 EAST NORTH STREET, CARLISLE, PA 17013 [DFORD STREET, CARLISLE, PA 117013 o1 October 28, 2003 Gary i~ AAMES FUND CORP. D/B/A AAMES HOME LOAN Plaintiff ~ DONNA M. SPITZ Defendam IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA NO. 02-4060 CIVIL TERM CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. Admitte 2. Admitt¢ 3. Admitt~ 4. Admitt~ 5. Admitt, 6. Admitt 7. Admitl this paragraph are dc denied that the figure not set forth, Attorne Suit and Title Sear, Therefore, proof of ~ WHEREFO[ ]XEFENDANT'S AJ~3~ER TO ,INTWF'S PETITION ~ENI)~LUD_G~ENT d. ~d. ed in part and denied in part. It is admitted that the line items set forth in and are properly considered in determining the total balance due. It is set forth are accurate. The method for calculating the Principal Balance is 's Fee at a flat rate is not reasonable, Late Charges are not correct, Costs of are incorrect and Escrow Balance Deficit is significantly overstated. ach of these items is demanded. E, Defendant requests this Court to deny the relief requested by Plaintiff Respectfully submitted, ~orney for Defe~ant 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendam(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024060 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND NOW, this Plaintiff, AAMES FUNDiNG CORP. D/B/A AAMES HOME LOAN, moves to make a role absolute for the following reasons: 1. Plaintifffiled a Petition to Amend Judgment on and correct copy attached hereto). OCTOBER 22, 2003 . (True A Rule was issued by the Court with a return date of NOVEMBER 13,2003. Plaintiff's Affidavit of Service is attached hereto. No response to the Petition has been made. WHEREFORE, Plaintiffprays that the attached Order .... Court mak~ solute and enter the Respe tg&tigly sub]~ Gary E. ~y, Esq. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.g42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S, Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM AFFIDAVIT Gary E. McCafferty, Esquire., subject to the penalties of 18 P.S. Section4904, deposes and says that he is the attorney for the within named Plaintiff and that all the facts set forth within the attached a Motion to Make Rule Absolute are tree and correct to the best of~owle~e, information and belief. SWORN TO AND SUBSCRIBED: Before me this ~/¢' day: Of ,74/~ ,2003 [ NO'f;"? !/~ "L 1, GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CiVIL TERM AFFICAVIT OF SERVICE Gary E. McCafferty, Esquire· attorney for Plaintiff, being duly sworn according to law, hereby Certifies that he :d~d serve Defendants DONNA M. SPITZ, a copy of Plaintiff's Motion to Make Rule Absolute by firs{class mail on NOVEMBER 24, 2003 at 421 E.~rth Str/~t, Carlisle, PA 17013 AND 506 North Bedford Street, Carlisle, P~k V7013 Gary E. Mcaa, ffe y~, Esq. SWORN TO AND SUBSCRIBED: Before me this ~.~/~L day: of ,200 Notary Public JOSEPH ~ GOLDBECK, JR. GARY E. McCAFFERTY* MICHAEL T, McKEEVER* KRISTINA G. MURTHA* DONNA M. SPITZ 50~ North Bedford Street Carlisle, PA 17013 GOL.?.c. ECK ~,~cCAFFERTY & ?'~:KEEVER A Professional Corporation Attorney's at Law SUITE 5000 MELLON INDEPENDENCE CENTER 701 i'~larket Street PHILADELPHIA, PA '19106-1532 (215) 627-1322 fax (215) 627-7734 October 28, 2003 And 421 east north street Carlisle, PA 17013 RE: AAMES FUNDING CORP. D/B/A AAMES HOME LOAN VS. DONNA M, SPITZ NO. 02-4060 CIVIL TERM Dear DONNA M. SPITZ: Enclosed please find a copy of Plaintiff's Petition to Amend Judgment, the original of which has been duly filed of record with the Court. Very truly yours, '~-~E~ll~CAF F E RTY GEM/mrw Enclosure GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. A Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 JOSEPH A. GOLDBECK, JR. GARY E. McCAFFERTY MICHAEL T. McKEEVER October 28, 2003 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: DONNA M. SPITZ No: 02-4060 CWIL TERM To The Prothonotary: Enclosed herewith please find an original and a copy of CERTIFICATION OF SERV1CEt with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith. GEMJmrw Enclosure Very truly yours, GOLDBECK McCAFFERTY & McKEEVER BY: G~ry E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff ATTORNEY COP "' AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County C1VIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM CERTIFICATION OF SERVICE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiff's Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) DONNA M. SPITZ 421 EAST NORTH STREET, CARLISLE, PA 17013 Gary E. Caff y, Esquire and 506 NORTH BEDFORD STREET, CARLISLE, PA 17013 ort October 28, 2003 ./ GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.ff,42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff ~,AMES FUNQ)lfiNrG CORP. D/B/A .~MES HOM ~ ! O2C7 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland Cotmty CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024060 CIVIL TERM RULE AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Amend Judgment should not be granted. Rule retumable tho d,~y~f ,. ZO &O~..~ C~.~[-'~,~ Da, e:C)&. .3, orr3 ,sl- TRUE COPY FROM RECORD In Testimony ~'~of, I here unto set my hand and the seal of said Court aL~arlLsJe, Pa. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney 1.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ~ .~ .. Attorney for Plaintiff AAMES FUNDING CORP. D/B/A A~MES IIOME LO,UN 350 S. Grand Avenuc 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cmnberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM RULE AND NOW, a role is emered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Amend Judgment should not be granted. Rule returnable the day of ,. Date: J. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSUrR~ DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 No. 02-4060 CIVIL TERM Defendant(s) ORDER AND NOW, this day of ,2003, upon consideration of the Petition of AAMES FUNDiNG CORP. D/B/A AAMES HOME LOAN to Amend its Judgment, it is, ORDERED: That the petition is granted and Plaintiffs judgment is hereby amended to $59,681.64, plus interest and costs. BY THE COURT: GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM THIS IS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. PLAINTIFF'S PETITION TO AMEND JUDGMENT AND NOW, this Plaintiff, AAMES FUNDING CORP. D/B/A AAMES HOME LOAN, petitions the Court to Amend Judgment for the following reasons: 1. Plaintiff's Complaint in Mortgage Foreclosure was filed on August 21, 2002. 2. On December 03, 2002, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $49,328.89, based upon the demand in Plaintiff's Complaint. (Copies of the Complaint and Judgment are attached hereto collectively as Appendix III) 3. On February 28, 2003 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District District of Pennsylvania (No. 03-01143) ~vhich stayed further prosecution of Plaintiffs action in mortgage foreclosure. 4. By order of United States Bankruptcy Court dated September 30, 2003 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 5. Since the filing of the Complaint, interest has been accruing as have the escrow balance deficit and late charges under the terms of the mortgage contract involved. 6. Due to the stay of proceedings, Plaintiffs judgment is now insufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the property in question. 7. Upon disposition of this petition and the scheduling of a Sheriffs Sale on March 03, 2004, the amounts due and owing on the mortgage will be as follows: Principal Balance Interest from 07/01/02 thru 03/03/04 at 11.7000% Per diem interest rate at $12.28 Attorney's Fee at 5.0000% of principal balance Late Charges per Complaint Costs of Suit and Title Search Escrow Balance Deficit TOTAL i' $38,234.20 $7,291.17 .21,911.71 $1,137.09 $750.00 $10,357.47 $59,681.64 amended to $59,681.64, plus interest and costs. WHEREFORE, Plaintiff prays that the Petition be grant Re d and Plaintiff's Judgment be G~afferty, Esq. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUt'NDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff VS, DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM VERIFlCATIOIq Gary E. McCafferty, Esq., hereby states that he is the attorney for Petitioner within named and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, infor~ understands that the foregoing statements are made subject ~ belief. The undersigned P.S. Section 4904. Gary E. MC~afferty, Esq. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Snite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenne 47th Floor Los Angeles, CA 90071 Plaintiff VS. DONNA M. SPITZ 421 E. Nox~h Street Cm'lisle, PA t 7013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-4060 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing on the mortgage contract at the time of the Sheriff's Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest' charges, the escrow balance deficit and late charges have all been accruing while Plaintiff's action in mortgage foreclosure was stayed by Defendant(s) bankruptcy petition. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and PlaintiIl's judgment be amended to $59,681.64, plus interest and costs. Res~ ~ ~mitted, Gary E. M~Cafferty, Esquire GOLDBECK 5IcCAFFERTY & 5IcKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024060 C1VIL TERM CERTIFICATION OF SERVICE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiff's Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) DONNA M. SPITZ 421 EAST NORTH STREET, CARLISLE, PA 17013 and 506 NORTH BEDFORD STREET, CARLISLE, PA ~Ctober 16, 2003 Gary ET~erty, Esquire.' JOSEPH A. GOLDBECK, JR. GARY E. McCAFFERTY* MICHAELT. McKEEVER* KRISTINA G. MURTHA* GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation Attorney's at Law SUITE 5000 MELLON INDEPENDENCE CENTER 701 Market Street PHILADELPHIA, PA 19106-1532 (215) 627-1322 fax (215) 627-7734 October 16, 2003 DONNA M. SPITZ 506 North Bedford Street Carlisle, PA 17013 And 421 east north street Carlisle, PA 17013 RE: AAMES FUNDING CORP. D/B/A AAMES HOME LOAN vs. DONNA M. SPITZ NO. 02-4060 CIVIL TERM Dear DONNA M. SPITZ: Enclosed please find a copy of Plaintiff's Petition to Amend Judgment, the original of which has been duly filed of record with the Court. GEM/mrw Enclosure GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. A Professional Corporation Suite 5900 - 3 ' on In lcpendeace Center 701 Market Street Philadelphia, PA 19106~1532 (215) 627-1322 FAX (215) 627-7734 JOSEPH A. GOLDBECK, JR. GARY E. McCAFFERTY MICHAEL T. McKEEVER October 16, 2003 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 DONNA M. SPITZ No: 02-4060 CIVIL TERM To The Prothonotary: Enclosed herewith please find an original and a copy of Plaintiffs Petition to Amend Judgment with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith. Very truly yours, GEM/mrw Enclosure JOSEPH A. GOLDBECK, JR. GARY E. MCCAFFERTY* MICIdLa. EL T. MCKEEVER* RENEE M, POZZUOLI-BUECKER* KRISTINA G. MURTHA* LESLIE E. pUIDA* LiSA A. D'ANGELI* *PA & NJ BAR Goldbeck McCafferty & McKeever A PROFESSIONAL CORPORATION ATTORNEY'S AT LAW SurrE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PI-IILADELPHIA, PENNSYLVANIA 19106- 1532 (215) 627-1322 F,~X (215) 627-7734 WVq. GOLDBECKI~AW.COM SENTRY OFFICE PLAZA SurrE 420 216 HADDON AVENUE WESTMONT, N'J 08108 (856) 858-3242 FAX (856) 858-2997 PLEASE REPLY TO THE PHLLADELPHIA OFFICE Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 November 24, 2003 RE: AAMES FUNDING CORP. D/B/A AAMES HOME LOAN VS. DONNA M. SPITZ NO. 02-4060 CIVIL TERM Dear Sirs: Enclosed herewith please find an original and a copy of Plaintiffs Motion to make Rule Absolute with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith. Very truly yours, OEM/mrw Enclosures Cc: Donna M. Spitz 421 East North Street Carlisle, PA 17013 and 506 North Bedford Street Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney LD.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 VS. Plaintiff DONNA M. SPITZ 421 E. North Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 024060 CIVIL TERM ORDER AND NOW, this ~' day of -~ , 2003, upon consideration of the Petition of AJtMES FUNDING CORP. D/B/A g3tMES HOME LOAN to Amend Judgment and Motion to Make Rule Absolute, it is, ORDERED: That the Rule is hereby made absolute and the petition is granted and Plaintiff's judgment is hereby reassessed to $59,681.64, plus interest and costs. BY THE COURT:2 Aames Funding Corp. d/b/a Aames Home Loan VS Donna M. Spitz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4060 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing 30.00 Poundage 430.52 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 6.90 Law Journal 191.00 Patriot News 213.28 Law Library Prothonotary Share of Bills 1.00 29.32 $ 967.02 paid by attorney 03/01/04 Sworn and subscribed to before me So:~ s. This ,R~k day of ~ .~ R. Thomas Kline, Sheriff 2004, A.D ~ ~q..,~_~, t.~BYR~' Prothonotary THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 Tl~e 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 ef directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauph~ok "M", Volume 14, Page 317. , PUBLICATION COPY sworn to and subscribed befor~i: ~2~rd7 ;.~tJary 2004 A.D. Notarial Seal ' REAL ESTATE S~A,E No. 2 ~l'envL RuSs'ail Nota~/Public '~ ...-'~ ~ // / ~/~--~"~"~-"' ~ Wl~tl~l~t o~,v~'~um ' Daud~in County I N(~TARY PUBLIC CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Tota~ $ 213.28 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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 16, 23, 30, 2004 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 tree. REAL F~TAT~ 8ALE NO. 2 Writ No. 2002 4060 Civil Atones Funding Corp. d/b/a Amxles Home Loan VS, Donna M. Spitz Atty.: Joseph Goldbeck ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded axld described as follows: BEGINNING at a point at thc in tersection of the northern line of East North Street (60 feet wide} and the eastern line of Garrison Lane; thence by the eastern line of Garri son I~ane North 22 degrees 25 min- utes East 155,0 feet to a point; thence by lands of Raymond Marrow South 77 degrees 07 minutes 20 aeconds East 63.54 feet to an iron pin; arie Coyn4 Editor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Nota~/Public Carlisle Boro, Cumberland County My Commissi~ Expires March 5, 2005 d/b/a Amlms Home l~an VS. Donrta M. Spitz' Atty.: Joseph Goldbeck ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the m- tersection of the northern line of East North Street {60 feet wide) and the eastern line of Garrison Lane; thence by the eastern line of Catrri- son Lane North 22 degrees 25 min- utes East 155.0 feet to a point; thence by lands of Raymond M~row South 77 degrees 07 minutes 20 seconds East 63.54 feet to an iron pin; thence by land of IRe. gent Construe tion Company South 5 degrees 20 minutes West 139.60 feet to a stake: thence by the northern line of East North Street North 84 grees 40 minutes West 109 feet to the place of beginmng, BEING improved with a seven room frame dwelling and garage known as 421 East North Street, Carlisle, Pennsylvania. SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E, SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attomey for Plaintiff AAMES FUNDING CORP. D/B/A AAMES HOME LOAN 350 S. Grand Avenue 47th Floor Los Angeles, CA 90071 Plaintiff vs. DONNA M. SPITZ (Mortgagor(s) and Record owner(s)) 421 E. North Stm, et Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County No, 02-4060 CIVIL TERM TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE