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Home My WebLink About02-4359 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PAUL D. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, PA 17013 Plaintiff Defendant(s) TERM NO. ~ CUMBERLAND COUNTY COMPI,AINT IN MORTGAGE FORI~I~I,O,qlFRi5 NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights ~m ortant to YOU SHOULD TAKE THIS PAPER TO y .......... ' ' p you. HAVE A ~,uvt L^w YER AT ONCE. 1F YOU DO NOT LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:306818161MKB IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: PAUL D. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS 2141 NEWVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/26/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1273, Page 1184. By Assignment of Mortgage recorded 7/28/95 the mortgage was assigned to HUNTINGTON MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 500, Page 715. By Assignment of Mortgage recorded 9/18/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 654, Page 1104. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/1/02 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. The following amounts are due on the mortgage: Principal Balance Interest 4/1/02 through 9/1/02 (Per Diem $18.07) Attorney's Fees Cumulative Late Charges 7/26/95 to 9/1/02 Cost of Suit and Title Search Subtotal $82,458.21 2,782.78 1,250.00 162.19 550.0o $87,203.18 Escrow Credit 0.00 Deficit ~ Subtotal $ I ;~q 1.51 TOTAL $88,454.69 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will he collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $88,454.69, together with interest from 9/1/02 at the rate of $18.07 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Coum~y, Pennsylvania, in Plan Book 55, Page 87. ~=_c~nsr of Lot No. 2, lands now or formerly o£ Dou las M. house· North O~ degrees 17 m~nu~es 31 seconds West 6S.7 ~esc co a~ &ton pin; thenoa elon-- ~ .... · Z 3.98 ~ ~-- ~snnsy&ven~a Turnpike 40 seconds East, 245.~2 feet ~o {BEING KNOWNAS:2141NEWViLLE ROAD, CARLISLE, PA 17013 _VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this mat~er, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2002-04359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WILSON PAUL D JR REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 0021:16 HOURS, on the 18th day of September, 2002 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 TERRY W. ZEIDERS by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4,14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this 7 ~ day of ~ ~7~ ~ . ~0w3~ A.D. ~ P~tSbnot ary So Answers: R. Thomas K~ine o /1 /2oo2 FEDERMAN & PHELAN Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2002-04359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS WILSON PAUL D JR ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILSON MARGARET A the DEFENDANT , at 0021:16 HOURS, at 2141 NEWVILLE ROAD CARLISLE, PA 17013 TERRY W. ZEIDERS on the 18th day of September, 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~A~ ~ ~ ~D ~.~ A.D. ~ 'Prothonotary' /-/ So Answers: R. Thomas Kline 09/19/2002 FEDERMAN & PHELAN SHERIFF'S RETURN CASE NO: 2002-04359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GM-AC MORTGAGE CORPOP~ATION VS WILSON PAUL D JR ET AL - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZEIDERS TERRY W the DEFENDANT at 0021:16 HOURS, on the 18th day of September, 2002 at 2141 NEWVILLE ROAD CARLISLE, PA 17013 by handing to TERRY W. ZEIDERS a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this '/ ~ day of ~ ~ A.D. 'P~othonotary ' So Answers: R. Thomas Kline 09/19/2002 FEDERMAN & PHELAN By: SheriFf FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff VS. Court of Common Pleas CUMBERLAND County No.. 02-4359 CIVIL PAUL D. WILSON, JR. MARGARET A. WILSON TERRY W. ZEIDERS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Fe,derman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorney's for Plaintiff