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HomeMy WebLinkAbout07-2493NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 153290 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 File #: 153290 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 153290 Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 122 OLD MILL DRIVE CAMPHILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/18/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1454, Page: 227. By Assignment of Mortgage recorded 01/10/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 635, Page 440. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 153290 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 0l /01 /2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $112,671.01 Interest $3,347.19 12/01/2006 through 04/26/2007 (Per Diem $22.77) Attorney's Fees $1,250.00 Cumulative Late Charges $131.88 05/18/1998 to 04/26/2007 Cost of Suit and Title Search 750.00 Subtotal $118,150.08 Escrow Credit ($403.59) Deficit $0.00 Subtotal 403.59 TOTAL $117,746.49 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 153290 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 153290 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $117,746.49, together with interest from 04/26/2007 at the rate of $22.77 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP " !9 By: /s rancis . Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153290 LEGAL DESCRIPTION ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one-hundredths (47.02) thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. PROPERTY BEING: 122 OLD MILL DRIVE File #: 153290 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ` (? n ? d ZO C' o r? -n -LIfit? i n - T 4 ? CO I OV) PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISION V. 61-,9493 C;y; JOSEPH ADAMS A/K/A JOSEPH R. ADAMS CUMBERLAND COUNTY & MARUEEN ADAMS A/K/A MAUREEN T. ADAMS NO. 07-2493-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: Francis S. Hallinan, Esquire Attorney for Plaintiff Dated:Tff)1 Z31 O i .. . 4 VERIFICATION hereby states that he/she is of GMAC MORTGAGE, LLC mortgage servicing agent for Plaintiff in this matter, that he/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 his/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 unsworn falsification to authorities. DATE: Q Loan: 153290 Company: GMAC MORTGAGE, LLC. l 70 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02493 P j COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS ADAMS JOSEPH ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ADAMS MAUREEN A/K/A MAUREEN T ADAMS was served upon the DEFENDANT , at 1740:00 HOURS, on the 15th day of May , 2007 at 104 CLARKTON COURT LEMOYNE, PA 17043 MAUREEN ADAMS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 5'3D 161 4 , ? Sworn and Subscibed to before me this So Answers: 6.00 .00 * 00 10.00 R. Thomas Kline .00 16.00 05/16/2007 PHELAN HALLINAN SCHMIEG By: day Deputy Sh riff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02493 P .I• COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS ADAMS JOSEPH ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ADAMS JOSEPH A/K/A JOSEPH R ADAMS the DEFENDANT , at 1740:00 HOURS, on the 15th day of May 2007 at 104 CLARKTON COURT LEMOYNE, PA 17043 by handing to MAUREEN ADAMS, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 122 OLD MILL DRIVE APPEARS TO BE VACANT. Sheriff's Costs: Docketing 18.00 Service 30.72 Affidavit .00 Surcharge 10.00 ?r?3nJn9 00 1 V/ 58.72 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/16/2007 PHELAN HALLINAN SCHMIEG By. k Deputy She iff of A. D. c. PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire, ID No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 1903-1814 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION VS. JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Attorney for Plaintiff # 153290 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 07-2493 CIVIL TERM PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. ??b '01 Date 'J DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Description ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty-three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet,' a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one- hundredths (47.02) feet to a pin at the dividing line between Lot No. 9 and Lot No. 17; thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (3936) feet to a stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. BEING part of Lot No. 9 on Plan of Lots known as Tract 'C', Cedar Cliff Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 50. HAVING THEREON ERECTED a one-story ranch type dwelling house being known and numbered as 122 Old Mill Drive. UNDER AND SUBJECT, nevertheless, to drainage, sewer and utility easements described in prior conveyances, and to rights and privileges granted to successors in title by W. F. Keiser, Jr. et ux by deed dated February 26, 1958. SUBJECT to easement of passage reserved to Richard H. Bair and Dorothy K. Bair, his wife, and to Ronald R. Bair, their son, as set forth in prior deed. TITLE TO SAID PREMISES IS VESTED IN Joseph Adams and Maureen Adams, husband and wife, by Deed from Patricia A. Shillow, widow, dated 05118/1998, recorded 05/20/1998, in Deed Book 177, page 624. Premises Being: 122 Old Mill Drive Camphill, PA 17011 PARCEL IDENTIFICATION NO: 13-24-0805-085 CONTROL #: 13003288 -r7 Y7r7l rr, co '? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOSEPH ADAMS A/K/A JOSEPH R. ADAMS and MAUREEN ADAMS A/K/A MAUREEN T. ADAMS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/27/07 to 6/26/07 TOTAL $117,746.49 $1,388.97 $119,135.46 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: S`. •29t A007 PRO ROT 153290 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, V. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSEPH ADAMS A/K/A JOSEPH R. ADAMS is over 18 years of age and resides at, 104 CLARKTON COURT, LEMOYNE, PA 17043. (c) that defendant MAUREEN ADAMS A/K/A MAUREEN T. ADAMS is over 18 years of age, and resides at, 104 CLARKTON COURT, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff bk? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CIVIL DIVISION V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2007 By: If you have any questions concerning this matter, please DA IEL G. SCHMIEG, ESQUII%E Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/M TO GMAC : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JOSEPH ADAMS :NO. 07-2493-CIVIL TERM A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendants TO: MAUREEN ADAMS AWA MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 FILE C01 DATE OF NOTICE: JUNE 5, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HAL' INAN, ESQUIRE Attorneys for Plaintiff • PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/M TO GMAC : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendants CUMBERLAND COUNTY NO. 07-2493-CIVIL TERM FILE C-py TO: JOSEPH ADAMS A/K/A JOSEPH R. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 DATE OF NOTICE: JUNE 5, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 - ?;- FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff tJ 9L TT - a G 0 cz? a ? has: _ y PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION Plaintiff, V. No. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R, ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/26/07 to 12/5/07 (per diem -$19.58) Add'1 Costs TOTAL $119,135.46 $3,171.96 and Costs $1,861.50 $124,168.92 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of.the plaintiff is not present at the sale. 153290 COD ° oz o a? ?F R"W U^ zo a go, ?a ?p OVA ? a? F W ? o y ao 0o aH rA &OD o aA pa Gd U dd U xz U FA ?? WW ?V pA a r a'' x•73 ?f'-i r Q1 d r- C? N U 1 ? CY (C) r- Cr ? n9. M M O O as ww as /NHS 00? U U ,? a FF 10. a N ? ? O as ? ? UU Q o?? col i~ ro ro w 1 Q V 0 CT N M N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2493 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff (s) From JOSEPH ADAMS A/K/A JOSEPH R. ADAMS & MAUREEN ADAMS A/K/A MAUREEN T. ADAMS (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 $119,135.46 L.L. $.50 Interest from 6/26/07 to 12/05/07 (per diem - $19.58) - $3,171.96 and costs Atty's Comm % Atty Paid $193.72 Plaintiff Paid Due Prothy $2.00 Other Costs $1,861.50 Date: 06-29-07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 C is R. Lon of By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC, S/III TO GMAC MORTGAGE CORPORATION Plaintiff, V. JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2493 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff G ? ° ? -ri , n ?' , ,' ` am - r r ? =j "- ?°. • :. '%; . M3? rv?t T'1 ;, (:- ? t i ' > ? ?_ :. `?? a try r .-G, l? GMAC MORTGAGE, LLC, S/I/I TO w GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY 4 Plaintiff, COURT OF COMMON PLEAS V. . CIVIL DIVISION JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS NO. 07-2493 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 122 OLD MILL DRIVE, CAMPHILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 104 CLARKTON COURT LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY AL FINANCE AND LOAN COMPANY 3900 CAPITAL CITY BLVD. LANSING, MI 48906 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY AL FINANCE LOAN COMPNAY 3900 CAPITAL CITY BLVD. LANSING, MI 48906 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 122 OLD MILL DRIVE CAMPHILL, PA 17011 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program ROY AL FINANCE & LOAN COMPANY CEDAR CLIFF MANOR ASSOCIATION 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 C/O SHAPIRO & KREISMAN, LLC 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 18A COLGATE DR CAMP HILL, PA 17011-7621 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 26, 2007 DATE lDANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ? ? `? ? ? -? ,?• =. r?i`-??' ?-- c:? =? ?i " : . ?% sv -v --? a r` C.S ?, --G r GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). June 26, 2007 TO: JOSEPH ADAMS MAUREEN ADAMS A/K/A JOSEPH R. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 A/K/A MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 122 OLD MILL DRIVE, CAMPHILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,135.46 obtained by GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I J Description ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty-three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one- hundredths (47.02) feet to a pin at the dividing line between Lot No. 9 and Lot No. 17; thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to a stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. BEING part of Lot No. 9 on Plan of Lots known as Tract 'C', Cedar Cliff Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 50. HAVING THEREON ERECTED a one-story ranch type dwelling house being known and numbered as 122 Old Mill Drive. UNDER AND SUBJECT, nevertheless, to drainage, sewer and utility easements described in prior conveyances, and to rights and privileges granted to successors in title by W. F. Keiser, Jr. et ux by deed dated February 26, 1958. SUBJECT to easement of passage reserved to Richard H. Bair and Dorothy K. Bair, his wife, and to Ronald R. Bair, their son, as set forth in prior deed. TITLE TO SAID PREMISES IS VESTED IN Joseph Adams and Maureen Adams, husband and wife, by Deed from Patricia A. Shillow, widow, dated 05118/1998, recorded 05120/1998, in Deed Book 177, page 624. Premises Being: 122 Old Mill Drive Camphill, PA 17011 PARCEL IDENTIFICATION NO: 13-24-0805-085 CONTROL #: 13003288 ra ? Q ?. ' , -n r-t''-?'? t c._ ? ,j - ? ?1 t. - . - `?? `t ? ? [ ' ' 7 T1 T j ? . `?C~E " {? { . ` . ? ? . . 5 "? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/UI to GMAC Mortgage Corporation Plaintiff VS. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 07-2493-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 30, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on June 27, 2007 in the amount of $119,135.46. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $112,671.01 Interest Through 12/05/07 8,352.92 Per Diem $22.77 Late Charges 351.68 Legal fees 1,250.00 Cost of Suit and Title 1,314.00 Sheriffs Sale Costs 0.00 Property Inspections 78.75 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,948.79 TOTAL $125,967.15 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 26, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: _Phelan Hallinan & Sc ieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Court of Common Pleas Mortgage Corporation Plaintiff Civil Division VS. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Cumberland County No. 07-2493-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 122 Old Mill Drive, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorpv. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Attorney for Plaintiff C7 Q a ti! xy cn _,. C'"? ? ? Ch's ' t - .1 "7 mo {t 'Tl O CO PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153290 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 v. Plaintiff JOSEPH ADAMS AIK/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 122 OLD MILL DRIVE CAMPHILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 017 -- -? I/P (2;,, ? L7?? CUMBERLAND COUNTY MOR EY FILE COQ PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 4t I }a ?`?M?? ;r SS+F app] !?t+ py `G S .++t•[^1?k9?'8 ? {?"}? ? M d 3fr?'?' ??'^91?Ir1S r ??+• `I} j ` File #: 153290 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File 1t: 153290 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 File N: 153290 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Filc #: 153290 I. Plaintiff is GMAC MORTGAGE, LLC, S/III TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 122 OLD MILL DRIVE CAMPHILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/18/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1454, Page: 227. By Assignment of Mortgage recorded 01/10/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 635, Page 440. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. Fila #. 153290 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/0 1 /2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $112,671.01 Interest $3,347.19 12/01/2006 through 04/2612007 (Per Diem $22.77) Attorney's Fees $1,250.00 Cumulative Late Charges $131.88 05/18/1998 to 04/26/2007 Cost of Suit and Title Search 750.00 Subtotal $118,150.08 Escrow Credit ($403.59) Deficit $0.00 Subtotal 403.59 TOTAL $117,746.49 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Filet/: 153290 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 153290 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $117,746.49, together with interest from 04/26/2007 at the rate of $22.77 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Is rancis . Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153290 LEGAL DESCRIPTION ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one-hundredths (47.02) thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. PROPERTY BEING: 122 OLD MILL DRIVE File #: 153290 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?) J ka'f'- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Li Nn-CQ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2493 CIVIL TERM E'? JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOSEPH ADAMS A/K/A JOSEPH R. ADAMS and MAUREEN ADAMS A/K/A MAUREEN T. ADAMS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/27/07 to 6/26/07 TOTAL $117,746.49 $1,388.97 $119,135.46 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. S E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 153290 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 26, 2007 Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 RE: GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation vs. Joseph Adams A/K/A Joseph R. Adams and Maureen Adams A/K/A Maureen T. Adams Premises Address: 122 Old Mill Drive, Camp Hill, PA 17011 Cumberland County CCP, No. 07-2493-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, October 1, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve truly yours, M he .Brad d, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure rr?1? 0 a F" 11-4 d Q' d v1 d ? N y b ? p ? d 04 v 'ddbO? g o ?a dad. P. .? Cod a L) c7 a ai a rn ti 0 ?d o 00 4? cn o ? baba ? 4,01 r" ?0?a y a> N ?oa z o d ° d 0 Z N M in b ? a cn G zQO a £0l8 4 3a00diZ WOd lIvw f00Z 9Zd3S 060 000 ? o0vzo t 0 5 3MaG h3Nl? ???oa s?ay5 ?g - 55 c ? U U Vl F n a? •?mEN G.? A H C O E F ? m W ? $ 0 0 a. N ob? E U W•X A p u.? FFEw -Up 7 k"' ? b0 H ? A v U ? j 4 7U d .V' U b O 7 ? O P ? ¢ O opP. T „A,. G V1 N C D w ? ? u i. ?a E cn v C o u rn s N w oC en E x 0 z is T 0.W 1n ?", I.-t k ?11:1 L.Itll jO L?? IN 12 1"t "n ... N yU U W O -. 00 E ab Z m 'v v 0] E ti F Q- VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: I Cd CI 16-1, Phelan Hallinan & Schmieg, LLP By: ? rPcheIe M. Bradford, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff VS. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 07-2493-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 DATE: O D Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 Mal ' a & Sc mi g, LLP Michele M. Bradfor , E wire Attorney for Plaintiff OCT 051007P4' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage, LLC, S/1/1 to GMAC Mortgage Corporation Plaintiff vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants : Court of Common Pleas : Civil Division Cumberland County : No. 07-2493-CIVIL TERM RULE AND NOW, this ?d day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable BY THE COURT ? J. Michele M. Bradford, Esquire 1lan Hallinan & Schmieg, LLP 61 X 7 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com seph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Tel: (717)761-5189 A Zoselh Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 153290 R 7, 11 :1.1311 wv 01 130 Loot AHViONO ICD d 3H.i. J0 901-140-0911A A PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County No. 07-2493-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 5, 2007 was sent to the following individual on the date indicated below Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 DATE: I V I &1 p Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 he Hallin chmieg, LLP By: Michele M. Br ford, Esquire Attorney for Plaintiff C3 r-J AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC, SIM TO GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No. 07-2493 CIVIL TERM DEFENDANT(S) JOSEPH ADAMS AWA JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS SERVE JOSEPH ADAMS A/K/A JOSEPH R. ADAMS AT 104 CLARKTON COURT LEMOYNE, PA 17043 ACCT. # 0306698097 Type of Action ` R s# 153 )qo - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 n SERVED Served and made known to ?bs2Dh f'CU 2.04 S , Defendant, on the day of U , 2007, at . 34 , o'clock ?_.m., at J04 Clams 4ovsCiut41 ?P M W N e , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age k Height 10 1, Weight ? w Race W Sex M Other I, P-ONJ d 1-t , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscr' befo a thi day No kfATTEMPT ??SION EXPS co 031 2009 SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. V NOT SERVED On the day of 200_, at o'clock _.m,, Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: / / Time: 2ud Attempt: Time: 3rd Attempt: / I Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - Y.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 "?, 9 16 F y t, AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE, LLC, S/U1 TO GMAC MORTGAGE CORPORATION No. 07-2493 CIVIL TERM DEFENDANT(S) JOSEPH ADAMS ACCT. # 0306698097 A/K/A JOSEPH R. ADAMS MAUREEN ADAMS Type of Action A/K/A MAUREEN T. ADAMS - Notice of Sheriff's Sale SERVE MAUREEN ADAMS A/K/A MAUREEN T. ADAMS AT Sale Date: DECEMBER 5, 2007 104 CLARKTON COURT LEMOYNE, PA 17043 SERVED Served and made known to MA U. Y Ie" Z S lu S , Defendant, on the day of -ju •? , 2007, at -7*. 30, o'clock ?_.m., at 104 0_12v(46-p cotxv 4 , Letu. y A& , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. jj Adult family member with whom Defendant(s) reside(s). Name and Relationship is 4 01?_. Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age l45L Height ?p Weight ;? 10 Race VV Sex M Other ? A LA , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub ri bef rpe this da ?, of No ry: Ay' N EXPIRES By: 112009 PLEAS EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES'OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock +.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIELIG. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 Job# F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 5637000 1 a8 /6P Z7 i ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC, S/UI TO GMAC CUMBERLAND COUNTY MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION JOSEPH ADAMS A/K/A JOSEPH R. ADAMS NO. 07-2493 CIVIL TERM MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 122 OLD MILT. DRIVE., C:AMPHILT., PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: October 24, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he snld in the ahsence of a representative of the plaintiff at the Sheriff's We The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153290 --`30C)Odiz woa:i-aalrvw t? ? ru 1 •- ' ?J of .a. ? s. ? •? 1 `? d I 4 Q ? , , • .1i' .? ? t h 4x1 pG ?' ? (,? s ,? ? . Rt qp !`? 1 c"s t ? t' 1 • ~ 3 u. ? ? H W ? ? '? ?+ U G1 .c • '? ? ?a a ? ?d ? ?ox Gil Cc'? Pd+pi 41, i• >. t tt ? 4 © ?1? Q W6 90 „ -2 oGG N I> I r 1 °° r t? Qo Lt3 p. Q ? O? V T Vill a? $ "F e 8 8 w A ?ppO? W ? ? W 0 d 0 a ?T I I ? r t ` r .-fi PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2493-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 5, 2007. 3. A Rule was entered by the Court on or about October 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 16, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ulidn- Date rfMihe e M. Brad d, Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 15) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff VS. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County No. 07-2493-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 5, 2007. A Rule was entered by the Court on or about October 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 16, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Rich ABrJd N & SCHMIEG, LLP Date Esquire Attorney for the Plaintiff OCT D 52007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage, LLC, S/UI to GMAC Mwgage Corporation Plaintiff VS. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2493-CIVIL TERM RULE AND NOW, this day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 0) Rule Returnable f-of BY THE COURT J. Michele M. Bradford, Esquire ,Aelan Hallinan & Schmieg, UP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedDhe.com Joseph Adams A/K/A Joseph R Adams Maureen Adams A/K/A Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Tel: (717)761-5189 Joseph Adams A/K/A Joseph R Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 153290 C7 ? -ate o ., CA.) PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/111 to Mortgage Corporation Plaintiff vs. ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County Joseph Adams A/K/A Joseph R. Adams No. 07-2493-CIVIL TERM Maureen Adams A/K/A Maureen T. Adams Q Defendants.. CERTIFIC 1 OF SERVICE I hereby certify that a true and py of our Motion to Reassess Damages noting a ' C6 t,, ° ck-e Rule Return date of November 5, 2067 was sent to the following individual on the date indicated below. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 LLP DATE: hil 11 V By: X M. Bradford, Esquire for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. V-1 Date §4904 relating to the unsworn falsification of authorities. Michele M. Bra rd, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2493-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 DATE: , 2' Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams 104 Clarkton Court Lemoyne, PA 17043 Phe i q.'B-rla6;? , LLP B: Mi hele Ed, Es quire Attorney for Plaintiff t r r4.s r 77 How o Oaom? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, S/I/I to GMAC Court of Common Pleas Mortgage Corporation Plaintiff Civil Division VS. Cumberland County Joseph Adams A/K/A Joseph R. Adams No. 07-2493-CIVIL TERM Maureen Adams A/K/A Maureen T. Adams Defendants ORDER AND NOW, this 3" day of Mrv&.,e- , 2007, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 12/05/07 Per Diem $22.77 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $112,671.01 8,352.92 351.68 1,250.00 1,314.00 0.00 78.75 0.00 0.00 0.00 b A i4 d A.Nnon ,"tt4w5f; 3WtYJ O h : I Wd £ I AON t00Z A8VIONOHj.08d 3RI 4 3 Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 1,948.79 $125,967.15 Plus interest from 12/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE C URT: J. 153290 Q COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Capital Advantage Group LLC is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 29 day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2493, at the suit of GMAC Mtg_LLC against Joseph Adams aka Joseph R & Maureen Adams aka Maureen T is duly recorded as Instrument Number 200801647. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 0700 g of Deeds Recorder it Deeds, Cumberland County. CarGtM, PA My Commission Expires the First Monday of Jan. 2010 GMAC Mortgage LLC s/i/i to GMAC In the Court of Common Pleas of Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2007-2493 Civil Term Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 01, 2007 at 1723 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams, by making known unto Maureen Adams, personally and wife of Joseph Adams, at 104 Clarkton Court, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1317 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams located at 122 Old Mill Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams by regular mail to their last known address of 104 Clarkton Court, Lemoyne, PA 17043. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $134,800.00 to Ron Morrell on behalf of Capital Advantage Group, LLC. It being the highest bid and best price received for the same, Capital Advantage Group, LLC of 232 State Street, Harrisburg, PA 17101, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $141,235.18. Sheriffs Costs: Docketing $30.00 Poundage 2,696.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Law Journal 575.00 Patriot News 461.81 Share of Bills 14.92 dA-A Distribution of Proceeds 25.00 tw' ? w Sheriffs Deed 40.00 G." $4,008.95 ? ??r?,/bp a' ?" UZ 6,)0.2-q A, - ? 63..2*, So Answers: R. Thomas Kline, Sheriff Real Estate C rgeant GMAC MORTGAGE, LLC, S/I/I XO ,MAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS NO. 07-2493 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 122 OLD MILL DRIVE, CAMPHILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 104 CLARKTON COURT LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY AL FINANCE AND LOAN COMPANY 3900 CAPITAL CITY BLVD. LANSING, MI 48906 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY AL FINANCE LOAN COMPNAY 3900 CAPITAL CITY BLVD. LANSING, MI 48906 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 122 OLD MILL DRIVE CAMPHILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program ROY AL FINANCE & LOAN COMPANY CEDAR CLIFF MANOR ASSOCIATION PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 C/O SHAPIRO & KREISMAN, LLC 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 18A COLGATE DR CAMP HILL, PA 17011-7621 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. June 26, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff GMAC MORTGAGE, LLC, SAA TO GMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). June 26, 2007 TO: JOSEPH ADAMS MAUREEN ADAMS A/K/A JOSEPH R. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 A/K/A MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 122 OLD MILL DRIVE, CAMPHILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,135.46 obtained by GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Description ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardiy by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty-three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardiy by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one- hundredths (47.02) feet to a pin at the dividing line between Lot No. 9 and Lot No. 17; thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to a stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. BEING part of Lot No. 9 on Plan of Lots known as Tract'C', Cedar Cliff Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 50. HAVING THEREON ERECTED a one-story ranch type dwelling house being known and numbered as 122 Old Mill Drive. UNDER AND SUBJECT, nevertheless, to drainage, sewer and utility easements described in prior conveyances, and to rights and privileges granted to successors in title by W. F. Keiser, Jr. et ux by deed dated February 26, 1958. SUBJECT to easement of passage reserved to Richard H. Bair and Dorothy K. Bair, his wife, and to Ronald R. Bair, their son, as set forth in prior deed. TITLE TO SAID PREMISES IS VESTED IN Joseph Adams and Maureen Adams, husband and wife, by Deed from Patricia A. Shillow, widow, dated 0511811998, recorded 05120/1998, in Deed Book 177, page 624. Premises Being: 122 Old Mill Drive Camphill, PA 17011 PARCEL IDENTIFICATION NO: 13-24-0805-085 CONTROL #: 13003288 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2493 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff (s) From JOSEPH ADAMS A/K/A JOSEPH R. ADAMS & MAUREEN ADAMS A/K/A MAUREEN T. ADAMS (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 $119,135.46 L.L. $.50 Interest from 6/26/07 to 12/05/07 (per diem - $19.58) - $3,171.96 and costs Atty's Comm % Due Prothy $2.00 Atty Paid $193.72 Other Costs $1,861.50 Plaintiff Paid Date: 06-29-07 Curti KT LonoPotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 09 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 122 Old Mill Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By\\jo S? Real Estate Sergeant 6Z :'c 'V' b- if?3' L801 SCHEDULE OF DISTRIBUTION SALE NO. 09 Date Filed: January 4, 2008 Writ No. 2007-2493 Civil Term GMAC Mortgage LLC, s/i/i to GMAC Mortgage Corporation VS Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Sale Date: December 5, 2007 Buyer: Capital Advantage Group, LLC Bid Price: $134,800.00 Real Debt: $125,967.15 Interest: Misc. Costs: Total: $125,967.15 (per order of court) DISTRIBUTION: Receipts: Cash on account (08/02/2007): $ 1,500.00 Cash on account (12/05/2007): 13,480.00 Cash on account (12/20/2007): 127,755.18 Total Receipts: $142,735.18 Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Bonnie Miller, Tax Collector Lower Allen Township Authority Attorney Daniel Schmieg GMAC Mortgage LLC Royal Finance Loan and Co. Total Disbursements: Balance for distribution: So Answers: $4,008.95 300.00 1,719.59 1,719.59 616.76 32.00 1,500.00 125,967.15 6,871.14 ($142,735.18) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 9, held December 5, 2007 EFFECTIVE DATE: December 5, 2007 PREMISES: 122 Old Mill Drive (Lower Allen Township), Cumberland County, Pennsylvania tax parcel No. 13-24-0805-085 (the "Premises") RECITAL: Being the same premises which Patricia A. Shillow, widow, by her Deed dated May 18, 1998 and recorded May 20, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 177, Page 624, granted and conveyed unto Joseph Adams and Maureen Adams, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $127,300.00 from Joseph Adams and Maureen Adams to North American Mortgage Company dated May 18, 1998 and recorded May 20, 1998 in Mortgage Book 1454, Page 227, last assigned January 10, 2000 in Misc. Book 635, Page 440 to GMAC Mortgage Corp. -2- 21. Mortgage in the amount of $45,000.00 from Joseph Adams and Maureen Adams to National Home Loan Corporation dated September 16, 1998 and recorded October 5, 1998 in Mortgage Book 1487, Page 693, last assigned May 9, 2002 in Misc. Book 687, Page 383 to Royal Finance Loan and Co. 22. Judgment against Joseph Adams, Joseph R. Adams, Maureen Adams and Maureen T. Adams in favor of GMAC Mortgage LLC in the amount of $119,135.46 entered June 29, 2007 and amended to the amount of $125,967.15 on November 13, 2007 to No. 2007- 2493. (Arising from mortgage foreclosure complaint with respect to the mortgage identified as item 20, above.) 23. Subject to the Declaration recorded in Misc. Book 107, Page 51. 24. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of Tract C of Cedar Cliff Manor recorded in Plan Book 6, Page 50. 25. Subject to the rights granted PPL in Misc. Book 107, Page 214 and Misc. Book 111, Page 76. 26. Subject to the rights granted Bell or Bell of Pennsylvania in Misc. Book 107, Page 99, Misc. Book 134, Page 248, Misc. Book 138, Page 284 and Misc. Book 142, Page 5. 27. Subject to the rights granted Lower Allen Township Authority in Misc. Book 132, Page 159. 28. Subject to the rights granted PPL and Bell or Bell of Pennsylvania in Misc. Book 132, Page 145, Misc. Book 139, Page 488 and Misc. Book 142, Page 313. 29. Subject to all conditions, covenants and restrictions contained in Deed Book 177, Page 624. 31. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Old Mill Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 9 Writ No. 2007-2493 Civil GMAC Mortgage LLC s/i/i to GMAC Mortgage Corporation vs. Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams Atty.: Daniel Schmieg DESCRIPTION ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths (83.66) feet to a stake; thence con- tinuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one- hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or for- merly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one-hundredths (47.02) feet to a pin at the dividing line between Lot No. 9 and Lot No. 17; thence along said dividing line, north 70 degrees 51 minutes east, one hundred sev- enty and ninety-five one-hundredths (170.95) feet to a stake at the junc- tion point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to a stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. BEING part of Lot No. 9 on Plan of Lots known as Tract `C', Cedar Cliff Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 50. HAVING THEREON ERECTED a one-story ranch type dwelling house being known and numbered as 122 Old Mill Drive. UNDER AND SUBJECT, neverthe- less, to drainage, sewer and utility easements described in prior convey- ances, and to rights and privileges granted to successors in title by W. F. Keiser, Jr. et ux by deed dated February 26, 1958. SUBJECT to easement of pas- sage reserved to Richard H. Bair and Dorothy K. Bair, his wife, and to Ronald R. Bair, their son, as set forth in prior deed. TITLE TO SAID PREMISES IS VESTED IN Joseph Adams and Maureen Adams, husband and wife, by Deed from Patricia A. Shillow, widow, dated 05/18/1998, recorded 05/20/1998, in Deed Book 177, page 624. Premises Being: 122 Old Mill Drive, Camp Hill, PA 17011. PARCEL IDENTIFICATION NO: 13-24-0805-085. CONTROL #: 13003288. EXHIBIT A 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: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 9 Writ No. 2007-2493 Civil GMAC Mortgage LLC s/i/i to GMAC Mortgage Corporation vs. Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams Atty.: Daniel Schmieg DESCRIPTION ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an are having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths MR 661 feg to 51 nlm* th= Lyisa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS otary, public CARLISLE BORON CUMBbi C S COUNTY My Commission Expires Apr 28, 2010 e Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*ot,wXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 L va 1` 4 .rv,. r'WWI k"'% 77 11/07107 ¦M? Ma? a 'L[C'ii?illto ? ........ .....? Adifts "a 1 , l Jorith IL Adas* marwn his 30 day of November, 2007 A.D. bscribed Sworn toae ' e m e UMPOW T. Man Notary Public IUIq?7I?IR,dYadsisuls Aft.. t?beeLad b gtvse? bminwam4descabed COMMONWEALTH OF PENNSYLVANIA BW9NM r a lsti on &e aeNiue Ia aide I Notarial sea of QY )M 0*4 Is es $Now be at Lot James L. Clark, Notary public 6mis Mee **saw= oicie d - - City Of Harrisburg, Dauphin County , My Commission Expres June 2, 2008 Member, Pennsylvanls Assoclallon of Notaries 1 Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff Vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendant(s) Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania :07-2493-CIVIL Term EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, GMAC Mortgage, LLC, S/Fl to GMAC Mortgage Corporation, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation, the holder of that certain Mortgage dated May 18, 1998, and recorded May 20, 1998 at Mortgage Book 1454, Page 227 in the Cumberland County Recorder's Office. Mortgage was 1 subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded January 10, 2000 at Mortgage Book 635, Page 440. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on April 30, 2007. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on June 27, 2007, in the amount of $119,135.46. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Default Judgment and copy of the docket reflecting entry. 4. On November 13, 2007, this Honorable Court issued an order reassessing damages in the amount of $125,967.15. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the November 13, 2007, Order. 5. On December 5, 2007, the premises located at 122 Old Mill Drive, Camphill, PA 17011 (hereinafter "Property"), was sold at the Cumberland County Sheriff s Sale pursuant to Writ of Execution issued out of the captioned case. 6. The Property was struck down to a third-party bidder for the amount of $134,800.00. 7. On or about January 4, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $125,967.15. Attached hereto, made a part hereof and marked as Exhibit "D" is a true and correct copy of the Sheriff s Schedule of Distribution. 8. The January 4, 2007 Schedule of Distribution did not reflect any payment to the junior lien holder, Roy Al Finance Loan and Co. Plaintiff did not question the amount to be paid to it, because the schedule made it appear that Plaintiff would be receiving the entire balance, after payment of the Sheriff s costs. 9. Plaintiff subsequently received the third party proceeds check in the amount of $125,967.15 along with a revised Schedule of Distribution reflecting payment to the junior lien holder, Roy Al Finance Loan and Co., in the amount of $6,871.14. Attached hereto, made a part hereof and marked as Exhibit "E" is a true and correct copy of revised Schedule of Distribution and check. 10. Sheriff has advised that they do not have a good address for Roy Al Finance Loan and Co. and the additional monies are currently in the Sheriff's Escrow account. 11. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 12. The total debt owed to Plaintiff at the time of the Sale was $131,170.42, the amount Plaintiff bid at sale. 13. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 14. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $131,170.42. The Sheriff has funds available to pay the amount Plaintiff is seeking. 15. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $ 112,671.01 Interest: $ 8,400.58 Late Charges: $ 483.56 Escrow Defecit $ 4,376.27 Property Inspection $ 112.50 Preservation $ 1,000.00 Corporate Advance $ 4,126.50 Balance due: $ 131,170.42 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to reflect payment to the executing Plaintiff in the amount of $131,170.42, and directing the Sheriff to pay the Plaintiff the balance due of $131,170.42 along with the Sheriff's Deposit Refund of $1,500.00. Respectfully submitted, ELAN ALL SCHMIEG, LLP Date: By: PH z 3m9 Michael E. Car eton , Esq. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff Vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendant(s) Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania : 07-2493-CIVIL Term BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAL BACKGROUND The Plaintiff is GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation, the holder of that certain Mortgage dated May 18, 1998, and recorded May 20, 1998 at Mortgage Book 1454, Page 227 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded January 10, 2000 at Mortgage Book 635, Page 440. t? The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on April 30, 2007. Plaintiff obtained a Default Judgment on June 27, 2007, in the amount of $119,135.46. On November 13, 2007, this Honorable Court issued an order reassessing damages in the amount of $125,967.15. On December 5, 2007, the premises located at 122 Old Mill Drive, Camphill, PA 17011 (hereinafter "Property"), was sold at the Cumberland County Sheriffs Sale pursuant to Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $134,800.00. On or about January 4, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $125,967.15. The January 4, 2007 Schedule of Distribution did not reflect any payment to the junior lien holder, Roy Al Finance Loan and Co. Plaintiff did not question the amount to be paid to it, because the schedule made it appear that Plaintiff would be receiving the entire balance, after payment of the Sheriff s costs. Plaintiff subsequently received the third party proceeds check in the amount of $125,967.15 along with a revised Schedule of Distribution reflecting payment to the junior lien holder, Roy Al Finance Loan and Co., in the amount of $6,871.14. Sheriff has advised that they do not have a good address for Roy Al Finance Loan and Co. and the additional monies are currently in the Sheriffs Escrow account. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $131,170.42, the amount Plaintiff bid at sale. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed after learning of the additional amount and revised Schedule of Distribution. L WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution reflecting payment to the executing Plaintiff in the amount of $131,170.42, and directing the Sheriff to pay the Plaintiff the balance due of $131,170.42 along with the Sheriff's Deposit Refund of $1,500.00. Respectfully submitted, PHELAN ALLINAN AN HMIEG, LLP Date: 00 0-2'r- By: Za?cso Michael E. Carleton, Esq. Attorney for Plaintiff C o -n (7 ' t ? C7 rn T r- 2. C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153290 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC, S/I/I TO COURT OF COMMON PLEAS GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD CIVIL DIVISION SUITE 150 HORSHAM, PA 19044-0969 TERM Plaintiff NO. D'`1' Lr4fLh? V. CUMBERLAND COUNTY JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 122 OLD MILL DRIVE CAMPHILL, PA 17011 Defendants ATTORNEY FILE COPY PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ®/°r ; tE i,} tc it 07- z NEE', File #: 153290 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 153290 i 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 File #: 153290 1 L COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File H: 153290 1. Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 122 OLD MILL DRIVE CAMPHILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/18/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1454, Page: 227. By Assignment of Mortgage recorded 01/10/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 635, Page 440. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 153290 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $112,671.01 Interest $3,347.19 12/01/2006 through 04/26/2007 (Per Diem $22.77) Attorney's Fees $1,250.00 Cumulative Late Charges $131.88 05/18/1998 to 04/26/2007 Cost of Suit and Title Search 750.00 Subtotal $118,150.08 Escrow Credit ($403.59) Deficit $0,00 Subtotal 403.59 TOTAL $117,746.49 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #. 153290 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 153290 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $117,746.49, together with interest from 04/26/2007 at the rate of $22.77 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s ra is SHallIinin, LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153290 LEGAL DESCRIPTION ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one-hundredths (47.02) thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. PROPERTY BEING: 122 OLD MILL DRIVE File #: 153290 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. '?' J kat-'t- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Li - a CSl PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOSEPH ADAMS A/K/A JOSEPH R. ADAMS and MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/27/07 to 6/26/07 TOTAL $117,746.49 $1,388.97 $119,135.46 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 153290 u?iil/2007 16:18 TEL 7175997794 • J CONRAD 005 09291507112007 Cumberland County Prothonotary's Office Page t PYS510 Civil Case Print 200702493 GMAC MORTGAGE LLC ET AL (vs) ADAMS JOSEPH ET AL Reference No. ...... . Filed .. 4/30/2007 Case Type...... COMPLAINT - MORT FORE . ....... Time. . 4:08 Judgment...... 119135.46 Execution Date i 6/29/2007 Judge Assiried: Disposed Desc : Jury Trial,..: Disposed Date. , 0/00/0000 ----------- Case Comments - ------------ Higher Crt 1.: Higher Crt 2.. General Index Attorney Info GMAC MORTGAGE LLC PLAINTIFF HALLINAN FRANCIS S 500 ENTERPRISE ROAD SUITE 150 HORSHAM PA 19044 0969 ADAMS JOSEPH DEFENDANT 122 OLD MILL DRIVE CAMP HILL PA 17011 ADAMS JOSEPH R DEFENDANT 122 OLD MILL DRIVE CAMP HILL PA 17 011 ADAMS MAUREEN DEFENDANT 122 OLD MILL DRIVE CAMP HILL PA 17011 ADAMS MAUREEN T DEFENDANT 12.2 OLD MILL DRIVE CAMP HILL PA 17011 Judgment Index Amount Date Desc 'ADAMS JOSEPH 119,135.46 6/29/2007 FAILURE TO ANSWER ADAMS JOSEPH R 119,135.46 6/29/2007 FAILURE TO ANSWER ADAMS MAUREEN 119,135.46 6/29/2007 FAILURE TO ANSWER ADAMS MAUREEN T 119,135.46 6/29/2007 FAILURE TO ANSWER ADAMS JOSEPH 119 6/29/2007 WRIT OF EXECUTION ADAMS JOSEPH ADAMS MAUREENR 119;135.46 6%2922007 WRIT OF EXECUTION ADAMS MAUREEN T 119,135.46 6/29/2007 WRIT OF EXECUTION ***??,t****?r**x**?r**r***?*tw***?k**,r?*x**?x**w******,?*,r**?e**?r**?e**x*?err**?r,t*w,r*?*** * Date Entries **?**??*****e**w**r***,r*****w,r*r?t**sr#*?t?**+t**?r**?r**x**?r**+r**xr**?r*****,r**,r******* - FIRST ENTRY - - 4/30/2007 COMPLAINT - MORTGAGE FORECLOSURE FILED BY FRANCIS S HALLINAN ESQ FOR PLFF --.5/16/2007 SHERIFF'S F1 TURNED -FILED. -_--______------------------------- Case TTyy?pe: COMPLAINT - MO T FORE Ret Type.: Regular Liti.gan?.: ADAMS JOSEPH AK/A JOSEPH R ADAMS Ctyyd/St%Zp. LEMOYNPA 17004433 Hnd TO: MAUREEN ADAMS WIFE Shf/ Rpty.: SHANNON SHARTZER Date/DTime: 05/152007 1740:00 Costs....: $5$ 7 Pd By: PHELAN HALLINAN SCHMIEG 05/16/2007 ~' ___________________-._______ _____ 5/16/2007 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT - MORT FORE Ret Type.: Regular Litigant.: ADAMS MAUREEN A//K A MAUREEN T-ADAMS Add es : 104 CLARKTON COURT Hn / T RLR.EEN ADAMSA 17043 Shf/Dppo: ty..l:AUSHANNO/N SHERTZER Costs - .: $16.00 2Pd7By: PHE4LANOHALLINAN SCHMIEG 05/16/2007 ------------- - ----------------------------------_----------------- 5/29/2007 PRAECIPE TO SUBSTITUTE VERIFICATION - COMPLAINT - BY FRANCIS S HALLINAN ATTY FAOR PLFF 07/11/2007 16:19 TEL 7175997794 J CONRAD J 006 .09291507112007 Cumberland County Prothonotary's Office Page 2 PYS510 Civil Case Print 2007-02493 GMAC MORTGAGE LLC ET AL (vs) ADAMS JOSEPH ET AL Filed......... 4/30/2007 Reference No... Case Type.....: COMPLAINT - MORT FORE Time.........: 4:08 Judgment.;.... 119135.46 Execution Date 6/29/2007 Judge Assigned: Jury Trial.... Disposed Desc.: Higher igher Crt Da 1te. 0/00/0000 ------------ Case comments ------------- H.. Higher Crt 2.: 6/29/2007 PRAECIPE+TO SUBSTITUTE LEGAL -DESCRIPTION -- COMPLAINT --BYyDANIEL G' SCHMIEG ATTY FOR PLFF ___- _- 6/29/2007 PRAECIPE FOR DEFAULT JUDGMENT AND ^DEFAULT JUDGMENT ENTERED- ? IN THE AMOUNT OF $119135.46 BY DANIEL G SCHMIEG ESQ 6/29/200.7 NOTICE -MAILED _TO-DEFENDANTS ------------------------------------------------------------------- --^-r--- _--?T- _r'---------- 6/29/2007 VERIFICATION-OF-NONMILITARY-SERVICE-BY DANIEL-G-SCHMIEG-ESQ------- ;/29/2007 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) BY FRANCIS S I-IALLINAN ------------------------------------------------------------------- 28/29/2007 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED $2.50 PD ATTY $2.00 DUE CO $.50 LL DUE 6/29/200"7 CERTIFICATION BY DANIEL G SCHMIEG ESQ_----- -'--- -------- -__ ^ ------------------------------------------ 6/2-9/2007 AFFIDAVIT PURSUANT TO RULE 3129 1 BY DANIEL G SCHMIEG ESQ - - - - - - LAST' ENTRY - - - - - - - - - - - - - ***w**?r**?r**•x**r*,?**,r*******x•**?r****?r***rr**?**w**?r**********?r***********•x**?r**r * Escrow Information * Fees & Debits Beq Bal Pymts/Ad End Bal COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 JDMT 14.00 14.00 .00 WRIT OF EXEC 24.00 24.00 100 _..__16.50 ^ y 1 ^ 116 50 ___ ___---- .00 :ti?*s*,r**?********?•**?r**w**?e***************x,k**?r**w**w**,r**x**********?r**x**x•**rc•x** * End of Case Information k?kit7t*'+k***71r#?A•eltkiedr+kie?kic*7k?k?t?tak*9t?leat?kieir*Yr**ir*iF?Y*iF?Yttak?k*?Irir?k*ktk*k71r*?tk*iP?4kR•k*4e?rie*iraMyttt?F?t**? rt''.K •- yv Gov o a2om? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, S/111 to GMAC Mortgage Corporation Plaintiff Court of Common Pleas : Civil Division vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendants Cumberland County No. 07-2493-CIVIL TERM /-ORDER AND NOW, this J3 day of upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 12/05/07 Per Diem $22.77 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $112,671.01 8,352.92 351.68 1,250.00 1,314.00 0.00 78.75 0.00 0.00 0.00 Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 12/05/07 through the date of sale at six percent per annum. 0.00 1,948.79 $125,967.15 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COU T: 153290 1?3?90 SCHEDULE OF DISTRIBUTION SALE NO. 09 Date Filed: January 4, 2008 Writ No. 2007-2493 Civil Term GMAC Mortgage LLC, s/i/i to GMAC Mortgage Corporation VS Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Sale Date: December 5, 2007 Buyer: Ron Morrell Bid Price: $134,800.00 Real Debt: $125,967.15 Interest: Misc. Costs: Total: $125,967.15 (per order of court) DISTRIBUTION: Receipts: Cash on account (08/02/2007): Cash on account (12/05/2007): Cash on account (12//2007): $ 1,500.00 13,480.00 127,755.18 Total Receipts: $142,735.18 Disbursements: Sheriff s Costs $4,008.95 Legal Search 300.00 Transfer Tax, Local 1,719.59 Transfer Tax, State 1,719.59 Bonnie Miller, Tax Collector Lower Allen Township Authority 32.00 Attorney Daniel Schmieg 1,500.00 GMAC Mortgage LLC 125,967.15 Royal Finance Loan and Co. Total Disbursements: ($0) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff QT SCHEDULE OF DISTRIBUTION SALE NO. 09 Date Filed: January 4, 2008 Writ No. 2007-2493 Civil Term GMAC Mortgage LLC, s/i/i to GMAC Mortgage Corporation VS Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Sale Date: December 5, 2007 Buyer: Capital Advantage Group, LLC Bid Price: $134,800.00 Real Debt: $125,967.15 Interest: Misc. Costs: Total: $125,967.15 (per order of court) DISTRIBUTION: { t Receipts: Cash on account (08/02/2007): $ 1,500.00 Cash on account (12/05/2007): 13,480.00 Cash on account (12/20/2007): 127,755.18 Total Receipts: $142,735.18 16?32c(a Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Bonnie Miller, Tax Collector Tower Allen Township Authority Attorney Daniel Schmieg GMAC Mortgage LLC Royal Finance Loan and Co. Total Disbursements: Balance for distribution: So Answers: $4,008.95 300.00 1,719.59 1,719.59 616.76 32.00 1,500.00 125,967.15 6,871.14 ($142,735.18) 0.00 R. Thomas Kline Sheriff wJill cvvunv. WHOUSA S?SU CK/J(81'3L C Ng " ITatW1.U- Ul' !F&6@UNTY COURTHOUSE, CARLISLE, PA 17013 - Case No. Litig ant Descri ptions Amt Released 62033 R e ei t 07-02493 R ADAMS JOSEPH REFUND 07-02493 R ADAMS JOSEPH REFUND TO ATTY/ TO ATTY/ 10679.05 335512 115288.10 335512 i r+t ws3 A ? ?v; r. s,'?, " <d:;t 'r a. ? ? ._. r• ?? J .? 4 t` ,y.?+.u VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN H LL S MIEG, LLP Date: 2< ?? By Michael E. Carleton, Esq. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff Vs. Joseph Adams A/KIA Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendant(s) Attorney for Plaintiff : Court Of Common Pleas : Civil Division Cumberland County, Pennsylvania 07-2493-CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that true and correct copies of the Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), and Brief were served upon the following: Joseph Adams Maureen Adams 122 Old Mill Drive Camphill, PA 17011 Joseph Adams Maureen Adams 104 Clarkton Court Lemoyne, PA 17043 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Roy Al Finance and Loan Company 3900 Capital City Blvd. Lansing, MI 48906 Cedar Cliff Manor Association 18A Colgate Drive Camp Hill, PA 17011-7621 Dated: 2 2 /4?r- Roy Al Finance & Loan Company C/o Shapiro & Kreisman, LLC 2520 Renaissance Blvd., Suite 150 King of Prussia, PA 19406 Respectfully submitted, PHELAN HALLI LP By: Michae . C hrtefo--n, Esquire Attorney for Plaintiff ; r r t ? `i C am`}y GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-2493 CIVIL JOSEPH ADAMS a/k/a JOSEPH R. ADAMSM, MAUREEN ADAMS : A/K/A MAUREEN T. ADAMS, Defendants IN RE: EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) ORDER AND NOW, this ZS' day of February, 2008, a hearing in the above-captioned matter is set for Monday, March 17, 2008, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Michael E. Carleton, Esquire For the Plaintiff ? Joseph Adams ?Maureen Adams Defendants ? R. Thomas Kline Cumberland County Sheriff ?/Cedar Cliff Manor Association ?oy Al Finance and Loan Company car its /)'laz t a faQ?o$ BY THE COURT, t 0 : II NIV 6Z G 3 J ?0OZ SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 59621 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-24856 GMAC Mortgage, LLC S/I/I to GMAC Mortgage Corporation PLAINTIFF VS. Joseph Adams A/K/A Joseph R. Adams and Maureen Adams A/K/A Maureen T. Adams DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2493 CIVIL TERM ROY AL FINANCE AND LOAN COMPANY'S REPLY TO PLAINTIFF'S EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION Respondent, Roy Al Finance and Loan Company ("Respondent"), by and through its attorneys, Shapiro & Kreisman, LLC, hereby replies to Plaintiff, GMAC Mortgage, LLC S/I/I to GMAC Mortgage Corporation ("Plaintiff") Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) in accordance with the numbered paragraphs as follows: 1. It is admitted the GMAC Mortgage is the Plaintiff in this action. The documents referenced speak for themselves. 2-7. Admitted. 8. Denied. Respondent received a copy of the January 4, 2008 Schedule of Distribution on or about January 8, 2008 which included a disbursement of funds to "Royal Finance Loan and Co." in the amount of $6,871.14. A true and correct copy of the January 4, 2008 Distribution Schedule is attached hereto and incorporated herein as Exhibit "A." Additionally, the Sheriff indicates that there is $142,735.18 on hand to distribute in this matter. The figures on the Schedule of Distribution Plaintiff submitted as Exhibit "D," only add up to $135,247.28, making it apparent that there are additional funds to distribute. Royal Finance Loan and Co. appears on the Schedule of Distribution, however, the Sheriff merely failed to list the balance that would be disbursed to Royal Finance Loan and Co. 9. Denied. Respondent is without information sufficient to form a belief as to the truth of the matter asserted. 10. Denied. Respondent is without information sufficient to form a belief as to the truth of the matter asserted. However, Respondent's address, 3900 Capital City Blvd., Lansing, MI 48906, appears on Plaintiff's Affidavit Pursuant to Rule 3129 filed with the Sheriff s Office prior to the Sheriff's Sale. Additionally, Respondent's Counsel is listed on the Affidavit. The Sheriff has an adequate address and the funds should be disbursed accordingly. 11-15. Denied. Petition is without information sufficient to form a belief as to the truth of the matter asserted. However, Plaintiff obtained Default Judgment on June 27, 2007 and obtained an Order of Court reassessing damages on November 13, 2007, presumably as a result of additional fees and costs incurred from the time Judgment was entered. Plaintiff is now attempting to claim that an additional $5,203.27 was expended between November 13, 2007 and the date of sale, December 5, 2007, on taxes, insurance and property maintenance and preservation. As the property was sold to a third party at the Sheriff's Sale, and no longer Plaintiff's responsibility, Plaintiff should not have expended any additional funds "to protect its collateral" after the sale date. Plaintiff claims $4,126.50, which did not appear in the Order Reassessing Damages, as "Corporate Advance," without explaining exactly what this covers and how this was spent over the three weeks prior to the sale. WHEREFORE, Respondent respectfully requests that this Honorable Court direct the Cumberland County Sheriff to disburse the remaining $6,871.14 to Respondent's counsel on behalf of Roy Al Finance and Loan Co. as stated in the January 4, 2008 Schedule of Distribution. SHAPIRO)& K jMSMAN, LLC Laureil R. Tabas, Esquire Attorney for Plaintiff SCHEDULE OF DISTRIBUTION SALE NO. 09 Date Filed: January 4, 2008 Writ No. 2007-2493 Civil Term GMAC Mortgage LLC, s/i/i to GMAC Mortgage Corporation VS Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams 122 Old Mill Drive Camp Hill, PA 17011 Sale Date: December 5, 2007 Buyer: Capital Advantage Group, LLC Bid Price: $134,800.00 Real Debt: Interest: Misc. Costs: Total: DISTRIBUTION: $125,967.15 $125,967.15 (per order of court) Receipts: Cash on account (08/02/2007): $ 1,500.00 Cash on account (12/05/2007): 13,480.00 Cash on account (12/20/2007): 127,755.18 Total Receipts: $142,735.18 E*i hoobt"I Sri Disbursements: Sheriffs Costs $4,008.95 Legal Search 300.00 Transfer Tax, Local 1,719.59 Transfer Tax, State 1,719.59 Bonnie Miller, Tax Collector 616.76 Lower Allen Township Authority 32.00 Attorney Daniel Schmieg 1,500.00 GMAC Mortgage LLC 125,967.15 Royal Finance Loan and Co. 6,871.14 Total Disbursements: ($142,735.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 9, held December 5, 2007 EFFECTIVE DATE: December 5, 2007 PREMISES: 122 Old Mill Drive (Lower Allen Township), Cumberland County, Pennsylvania tax parcel No. 13-24-0805-085 (the "Premises") RECITAL: Being the same premises which Patricia A. Shillow, widow, by her Deed dated May 18, 1998 and recorded May 20, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 177, Page 624, granted and conveyed unto Joseph Adams and Maureen Adams, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $127,300.00 from Joseph Adams and Maureen Adams to North American Mortgage Company dated May 18, 1998 and recorded May 20, 1998 in Mortgage Book 1454, Page 227, last assigned January 10, 2000 in Misc. Book 635, Page 440 to GMAC Mortgage Corp. -2- 21. Mortgage in the amount of $45,000.00 from Joseph Adams and Maureen Adams to National Home Loan Corporation dated September 16, 1998 and recorded October 5, 1998 in Mortgage Book 1487, Page 693, last assigned May 9, 2002 in Misc. Book 687, Page 383 to Royal Finance Loan and Co. 22. Judgment against Joseph Adams, Joseph R. Adams, Maureen Adams and Maureen T. Adams in favor of GMAC Mortgage LLC in the amount of $119,135.46 entered June 29, 2007 and amended to the amount of $125,967.15 on November 13, 2007 to No. 2007- 2493. (Arising from mortgage foreclosure complaint with respect to the mortgage identified as item 20, above.) 23. Subject to the Declaration recorded in Misc. Book 107, Page 51. 24. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of Tract C of Cedar Cliff Manor recorded in Plan Book 6, Page, 50. 25. Subject to the rights granted PPL in Misc. Book 107, Page 214 and Misc. Book 111, Page 76. 26. Subject to the rights granted Bell or Bell of Pennsylvania in Misc. Book 107, Page 99, Misc. Book 134, Page 248, Misc. Book 138, Page 284 and Misc. Book 142, Page 5. 27. Subject to the rights granted Lower Allen Township Authority in Misc. Book 132, Page 159. 28. Subject to the rights granted PPL and Bell or Bell of Pennsylvania in Misc. Book 132, Page 145, Misc. Book 139, Page 488 and Misc. Book 142, Page 313. 29. Subject to all conditions, covenants and restrictions contained in Deed Book 177, Page 624. 31. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Old Mill Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 9 Writ No. 2007-2493 Civil GMAC Mortgage LLC s/i/i to GMAC Mortgage Corporation VS. Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams Atty.: Daniel Schmieg DESCRIPTION ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No.10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths (83.66) feet to a stake; thence con- tinuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one- hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or for- merly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one-hundredths (47.02) feet to a pin at the dividing line between Lot No. 9 and Lot No. 17; thence along said dividing line, north 70 degrees 51 minutes east, one hundred sev- enty and ninety-five one-hundredths (170.95) feet to a stake at the junc- tion point of the lines of Lots Nos. 9, 10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (39.36) feet to a stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. BEING part of Lot No. 9 on Plan of Lots known as Tract 'C', Cedar Cliff Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 50. HAVING THEREON ERECTED a one-story ranch type dwelling house being known and numbered as 122 Old Mill Drive. UNDER AND SUBJECT, neverthe- less, to drainage, sewer and utility easements described in prior convey- ances, and to rights and privileges granted to successors in title by W. F. Keiser, Jr. et ux by deed dated February 26, 1958. SUBJECT to easement of pas- sage reserved to Richard H. Bair and Dorothy K. Bair, his wife, and to Ronald R. Bair, their son, as set forth in prior deed. TITLE TO SAID PREMISES IS VESTED IN Joseph Adams and Maureen Adams, husband and wife, by Deed from Patricia A. Shillow, widow, dated 05/18/1998, recorded 05/20/1998, in Deed Book 177, page 624. Premises Being: 122 Old Mill Drive, Camp Hill, PA 17011. PARCEL IDENTIFICATION NO: 13-24-0805-085. CONTROL #: 13003288. EXHIBIT A GMAC Mortgage LLC s/i/i to GMAC In the Court of Common Pleas of Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2007-2493 Civil Term Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 01, 2007 at 1723 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams, by making known unto Maureen Adams, personally and wife of Joseph Adams, at 104 Clarkton Court, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1317 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams located at 122 Old Mill Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Joseph Adams a/k/a Joseph R. Adams and Maureen Adams a/k/a Maureen T. Adams by regular mail to their last known address of 104 Clarkton Court, Lemoyne, PA 17043. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $134,800.00 to Ron Morrell on behalf of Capital Advantage Group, LLC. It being the highest bid and best price received for the same, Capital Advantage Group, LLC of 232 State Street, Harrisburg, PA 17101, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $141,235.18. Sheriffs Costs: Docketing $30.00 Poundage 2,696.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Law Journal 575.00 Patriot News 461.81 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 40.00 $4,008.95 So Answers: R. Thomas Kline, Sheriff B" Real Estate rgeant GMAC MORTGAGE, LLC, SAA TO GMMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS NO. 07-2493 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 122 OLD MILL DRIVE, CAMPHILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 104 CLARKTON COURT LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY AL FINANCE AND LOAN COMPANY 3900 CAPITAL CITY BLVD. LANSING, MI 48906 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROY AL FINANCE LOAN COMPNAY 3900 CAPITAL CITY BLVD. LANSING, MI 48906 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 122 OLD MILL DRIVE CAMPHILL, PA 17011 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program ROY AL FINANCE & LOAN COMPANY CEDAR CLIFF MANOR ASSOCIATION 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 C/O SHAPIRO & KREISMAN, LLC 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 18A COLGATE DR CAMP HILL, PA 17011-7621 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 26, 2007 DATE b DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 07-2493 CIVIL TERM JOSEPH ADAMS A/K/A JOSEPH R. ADAMS MAUREEN ADAMS A/K/A MAUREEN T. ADAMS Defendant(s). June 26, 2007 TO: JOSEPH ADAMS A/K/A JOSEPH R. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 MAUREEN ADAMS A/K/A MAUREEN T. ADAMS 104 CLARKTON COURT LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS ISNOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 122 OLD MILL DRIVE, CAMPHILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,135.46 obtained by GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is, continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Description ALL OF THE PARCEL of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the northwestern side of Old Mill Drive at the southern line of Lot No. 10; thence along the northwestern side of Old Mill Drive, southwardly by an arc having a radius of five hundred ninety and eighteen one-hundredths (590.18) feet, a distance of eighty-three and sixty-six one-hundredths (83.66) feet to a stake; thence continuing southwardly by the said line of Old Mill Drive by an arc having a radius of sixty (60) feet, a distance of twenty-two and fifty-eight one-hundredths (22.58) feet to a pin at the dividing line between Lot No. 9 and Lot No. 8; thence along the dividing line between Lot No. 9 and Lot No. 8, south 80 degrees 8 minutes west, one hundred eighty-seven and fourteen one-hundredths (187.14) feet to a stake at lands now or formerly of Hempt Brothers; thence along said lands, north 0 degrees 43 minutes west, forty-six and fourteen one-hundredths (46.14) feet to a pin at lands now or formerly of Hempt Brothers and Richard Bair; thence along said lands, north 14 degrees 12 minutes east, forty-seven and two one- hundredths (47.02) feet to a pin at-the dividing line between Lot No. 9 and Lot No. 17; thence along said dividing line, north 70 degrees 51 minutes east, one hundred seventy and ninety-five one-hundredths (170.95) feet to a stake at the junction point of the lines of Lots Nos. 9,10 and 17 thence along the dividing line between Lot No. 9 and Lot No. 10, south 70 degrees 28 minutes east, thirty-nine and thirty-six one- hundredths (3936) feet to a stake on the northwestern side of Old Mill Drive, the Place of BEGINNING. BEING part of Lot No. 9 on Plan of Lots known as Tract'C', Cedar Cliff Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 50. HAVING THEREON ERECTED a one-story ranch type dwelling house being known and numbered as 122 Old Mill Drive. UNDER AND SUBJECT, nevertheless, to drainage, sewer and utility easements described in prior conveyances, and to rights and privileges granted to successors in title by W. F. Keiser, Jr. et ux by deed dated February 26, 1958. SUBJECT to easement of passage reserved to Richard H. Bair and Dorothy K. Bair, his wife, and to Ronald R. Bair, their son, as set forth in prior deed. TITLE TO SAID PREMISES IS VESTED IN Joseph Adams and Maureen Adams, husband and wife, by Deed from Patricia A. Shillow, widow, dated 0511811998, recorded 05!2011998, in Deed Book 177, page 624. Premises Being: 122 Old Mill Drive Camphill, PA 17011 PARCEL IDENTIFICATION NO_ 13-24-0805-085 CONTROL #: 13003288 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2493 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff (s) From JOSEPH ADAMS A/K/A JOSEPH R. ADAMS & MAUREEN ADAMS A/K/A MAUREEN T. ADAMS (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 $119,135.46 L.L. $.50 Interest from 6/26/07 to 12/05/07 (per diem - $19.58) - $3,171.96 and costs Atty's Comm % Atty Paid $193.72 Plaintiff Paid Date: 06-29-07 (Seel) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,861.50 Curti . LonoPotearyj By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 9 Writ No. 2007-2493 Civil GMAC Mortgage LLC s/i/i to sa Marie Coyne, Ed' or L 0 GMAC Mortgage Corporation 1 VS. Joseph Adams a/k/a Joseph R. SWORN TO AND SUBSCRIBED before me this Adams and Maureen Adams day of November, 2007 a/k/a Maureen T. Adams Atty.: Daniel Schmieg ' DESCRIPTION ALL OF THE PARCEL of land Notary situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, i NOTARIAL SEAL to w t: BEGINNING at a stake on the DEBORAH A COLLINS northwestern side of Old Mill Drive Notary PubNc at the southern line of Lot No. 10; LCARLISLE BORO, CUMBERLAND COUNTY thence along the northwestern side CommISSIOn Fjcplres Pr 28, 2010 of Old Mill Drive, southwardly by an arc having a radius of five hundred 1 ninety and eighteen one-hundredths (590.18) feet, a distance of eighty- three and sixty-six one-hundredths (83.661 feet to a stake: thence con- ?e Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Wa"Iriot-Mews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 L yd aw n.w t --v --t-a y,b- - -7 I Estate Sale No. 09 L W No. 2007-2493 CMI Term I G AC Mortgage LLC sM to AG Mortgage corporation VS Joseph Adams aWa Joseph R. Adams and Maureen . Adams We Maureen T. Adams Atty. Daniel Schmieg DESCRIPTION ALL OFTB PARCEL of land situate bower Allen Township, Cumberland ty, Pennsylvania, bounded and described as Bows, to wit: BEGINNING at a stake on die nodirwestern side of Old Mill Drive at the soothcrn line of Lot No.10• thence along the northwestem side of - Obi W11) t3rivP. e?urtt?vnrinv by an mr havina a 11/07107 ............ 7' Sworn toad bscribed bef' 7eme this 30 day of November, 2007 A.D. i Notary Public COMMONWEALTH OF PENNSYLVANIA CRY Ofm ftfturg, in nty NotarMAssoclallon James L ClarpiofNWAr1]a, Eute 008 Member, Pennsylvanla SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 59621 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-24856 GMAC Mortgage, LLC S/I/I to GMAC Mortgage Corporation PLAINTIFF VS. ; Joseph Adams A/K/A Joseph R. Adams and Maureen Adams A/K/A Maureen T. Adams DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2493 CIVIL TERM VERIFICATION Lauren R. Tabas, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiffs verification could not be obtained with the time necessary to file this pleading, and that the statements made in the foregoing Roy Al Finance and Loan Co.'s Reply to Plaintiff's Exceptions to Sheriffs Sale Distribution are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. & KREISMAN, LLC Lauren R. Tabas, Esquire Dated: Attorney for Plaintiff •? ` ? 3 _v SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 59621 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-24856 GMAC Mortgage, LLC S/I/I to GMAC Mortgage Corporation PLAINTIFF VS. Joseph Adams A/K/A Joseph R. Adams and Maureen Adams A/K/A Maureen T. Adams DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2493 CIVIL TERM BRIEF IN SUPPORT OF REPLY TO PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTS Respondent, Roy Al Finance and Loan Company, is the holder of a second mortgage, with an original principal balance of $45,000.00, executed on September 16, 1998 and recorded in the Cumberland County Recorder of Deeds Office on October 5, 1998 in Mortgage Book 1487 at Page 693. Respondent obtained the mortgage by virtue of an assignment recorded on May 19, 2002 at Mortgage Book 687, Page 383. Defendants defaulted on Respondent's mortgage on April 23, 2005 and foreclosure proceedings were commenced on November 3, 2006. Respondent discontinued foreclosure proceedings on or about July 24, 2007, after it became apparent that there was not enough equity in the property to satisfy both the first and second mortgagees' outstanding debt. Plaintiff, GMAC Mortgage, pursued their action and foreclosed on the first mortgage, divesting Respondent's interest in the property, leaving Respondent unable to recover for its losses. The subject property was sold to a third-party purchaser for $134,800.00 at Sheriff's Sale on December 5, 2007. Pursuant to Pa.R.C.P. 3136, the Sheriff issued a Schedule of Distribution on January 4, 2008, outlining the disbursement of funds from the December 5, 2007 Sheriff's Sale. The Schedule of Distribution outlined the disbursements, including Sheriff's Costs, Taxes and liens that had to be paid on the property. These liens included sums to be paid to the first mortgagee in satisfaction of their judgment and the remainder to Respondent as holder of the second mortgage. As no Petition to Set Aside Sale or Exceptions to the Schedule of Distribution were filed within the required time frame, the Sheriff's Deed for the property was recorded on or about January 16, 2008. Plaintiff then filed this Motion on or about February 25, 2008. Respondent has not received the funds owed to it as a result of the sale even though Respondent's correct address and the address of Respondent's Counsel is listed on Plaintiff's Affidavit filed with the Sheriff's Office Pursuant to Pa.R.C.P. 3129. II. LEGAL ARGUMENT A. Plaintiff's Exceptions Should be Dismissed as They Were Not Timely Filed. Plaintiff's Exceptions to the Sheriff's Schedule of Distribution should be stricken as they were not filed timely. Pennsylvania Rule of Civil Procedure 3136(d) states: The sheriff shall distribute the proceeds of sale in accordance with the proposed schedule of distribution unless written exceptions are filed with the sheriff not later than ten (10) days after the filing of the proposed schedule. Pa.R.C.P. 3136(d) requires all exceptions to be filed within ten days of the schedule of distribution. The Pennsylvania Courts have upheld this time frame. Adal Comoration v. Wells, 67 Pa. D&C. 29 297 (1974). Plaintiff filed these Exceptions on or about February 25, 2008, almost two months after the Sheriff filed the Schedule of Distribution and over a month after the Sheriff s Deed was recorded. As such, Plaintiff's Motion should be dismissed as untimely. B. Plaintiff Is Not Entitled to Additional Funds Plaintiff is not entitled to additional proceeds from the December 5, 2007 Sheriffs Sale of the subject property. Plaintiff argues that it is entitled to additional funds that have been expended since entry of default judgment. In support of its argument, Plaintiff cites Extraco Mortgage v. Williams, 2002 Pa.Super. 246, 805 A.2d 543 (Pa.Super. 2002), stating the ruling implies all costs incurred since the date of judgment are collectable and relate back even if the Complaint or Judgment was not amended to include these costs. Extraco Mortgage, however, concerns only unpaid taxes and hazard insurance premiums. 805 A.2d at 544. Extraco Mortgage was not seeking all other costs, including property maintenance and preservation, other insurance premiums or, more vaguely, "corporate advance," as Plaintiff seeks in the present case. The Court in Extraco Mortgage, neither implies nor extends its ruling to any other costs incurred. Rather, the Court allows Extraco Mortgage to recover these costs incurred because they inured to the benefit of the second mortgagee. If the unpaid taxes had not been paid, the second mortgagee would have certainly been divested by the tax sale. In the present scenario, the costs incurred by Plaintiff since this Honorable Court granted Plaintiff s Motion to Reassess Damages did not benefit Roy Al Finance and Loan Company, but are merely claimed so Plaintiff can recover "corporate advance" and property maintenance fees to Respondent's detriment. Furthermore, Plaintiff claims it has incurred additional costs since entry of Default Judgment on June 29, 2007. Plaintiff filed a motion with this Honorable Court to Reassess Damages to account for the additional sums incurred since the filing of the Complaint. The Motion was granted by this Honorable Court on November 13, 2007. Plaintiff now claims that additional sums, in the amount of $5,203.27 have been incurred were not accounted for in the Complaint, Default Judgment or Motion to Reassess Damages. Moreover, Plaintiff has failed to itemize the amounts incurred or provide any documentation of these expenses. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Plaintiff's request to Amend the Schedule of Distribution and Order the Sheriff of Cumberland County to disburse the outstanding funds to Roy Al Finance and Loan Co. c/o their Counsel, Shapiro and Kreisman, LLC. KREISMAN, LLC Lauren R. Tabas, Esquire Attorney for Plaintiff 13 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 59621 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-24856 GMAC Mortgage, LLC S/I/I to GMAC Mortgage Corporation PLAINTIFF VS. Joseph Adams A/K/A Joseph R. Adams and Maureen Adams A/K/A Maureen T. Adams DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2493 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, counsel for Plaintiff, hereby certify that on March It, 2008, a true and correct copy of the attached Roy Al Finance and Loan Co.'s Reply to Plaintiff's Exceptions to Sheriff's Sale Distribution was served by mailing same by regular mail, postage pre-paid, to: Joseph Adams Maureen Adams 122 Old Mill Drive Camp Hill, PA 17011 Joseph Adams Maureen Adams 104 Clarkton Court Lemoyne, Pa 17043 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cedar Cliff Manor Association 18A Colgate Drive Camp Hill, PA 17011 GMAC Mortgage, LLC, S/1/1 to GMAC Mortgage Corporation c/o Phelan Hallinan & Schmieg, LLP Michael E. Carleton, Esquire One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 H O KREISMAN, LLC Y. Lauren R. Tabas, Esquire Attorney for Plaintiff ^AYM W GMAC MORTGAGE, LLC, S/I/I IN THE COURT OF COMMON PLEAS OF TO GMAC MORTGAGE CUMBERLAND COUNTY, PENNSYLVANIA CORPORATION, Plaintiff CIVIL ACTION - LAW vs. NO. 07-2493 CIVIL JOSEPH ADAMS a/k/a JOSEPH R. ADAMS, MAUREEN ADAMS a/k/a MAUREEN T. ADAMS, Defendants PA.R.C.P. RULE 3136(d) ORDER AND NOW, this /1"" day of March, 2008, at the request of counsel, in the above-captioned matter set for March 17, 2008, is continued to Monday, April 28, X2008, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, '' Michael E. Carleton, Esquire For the Plaintiff ?Joseph Adams ?M' aureen Adams Defendants ?/R. Thomas Kline Cumberland County Sheriff Cedar Cliff Manor Association (Leon Haller, Esquire For Roy Al Finance Kevin,A. Hess, J. If A! "A ?f\?`? ? 3`a1f ?71 . "99 *1 I'ld L 18VW 0001 Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff Vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendant(s) Attorney for Plaintiff : Court Of Common Pleas Civil Division Cumberland County, Pennsylvania : 07-2493-CIVIL Term PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Exceptions to Sheriff s Sale Distribution Pursuant to Pa. R.C.P. 3136(d) filed on February 25, 2008, in the above captioned action. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Dated: g Michael E. Carleton, Esquire Attorney for Plaintiff C) `- ' C Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage, LLC, S/UI to GMAC Mortgage Corporation Plaintiff Vs. Joseph Adams A/K/A Joseph R. Adams Maureen Adams A/K/A Maureen T. Adams Defendant(s) Attorney for Plaintiff : Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 07-2493-CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that true and correct copies of Plaintiff's Praecipe to Withdraw and this Certification were served upon the following: Joseph Adams R. Thomas Kline Maureen Adams Sheriff of Cumberland County 122 Old Mill Drive Cumberland County Courthouse Camphill, PA 17011 One Courthouse Square Carlisle, PA 17013 Joseph Adams Maureen Adams 104 Clarkton Court Lemoyne, PA 17043 Lauren Tabas, Esquire 2520 Renaissance Blvd., Suite 150 King of Prussia, PA 19406 Cedar Cliff Manor Association 18A Colgate Drive Camp Hill, PA 17011-7621 The Honorable Kevin A. Hess One Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Dated: f/?? B Michael E. Carleton, Esquire Attorney for Plaintiff -c C) m s T-O co