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HomeMy WebLinkAbout07-3215PHELAN 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 148885 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS?SCHOOL ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM -1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148885 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 #: 148885 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 .M 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 iND 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 #: 148885 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 ADVI?E CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Y 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 #: 148885 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: JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/27/1999 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1569, Page: 419. By Assignment of Mortgage Recorded 3/13/01 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage in Book No. 669, Page 85. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2005 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. 6. The following amounts are due on the mortgage: Principal Balance $122,483.50 Interest $18,024.64 09/01/2005 through 05/25/2007 (Per Diem $28.52) Attorney's Fees $850.00 Cumulative Late Charges $581.25 08/27/1999 to 05/25/2007 Cost of Suit and Title Search 750.00 Subtotal $142,689.39 Escrow Credit $0.00 Deficit $2,940.75 Subtotal $2,940.75 TOTAL $145,630.14 7. 8. 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. 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 purs?ant 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $145,630.14, together with interest from 05/25/2007 at the rate of $28.52 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, LP By: /s/ rancis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148885 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated January 22, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 66, Page 104, as follows: BEGINNING at a point on southern right-of-way line of Cross Road School Road, T-438 at line of Lot No. 52; thence along Lot No. 52, South 32 degrees 50 minutes 00 seconds West 353.91 feet to a point; thence along Phase 3 of Cross Road School Road Estates North 67 degrees 04 minutes 45 seconds West 112.05 feet to a point in southern edge of Watson Drive; thence along southern edge of Watson Drive by a curve to the left having a radius of 200.00 feet and an arc distance of 99.02 feet to a point; thence still along southern edge of Watson Drive by a curve to the right having a radius of 150.00 and an arc distance of 191.63 feet to a point thence still along Watson Drive North 49 degrees 05 minutes 05 seconds East 332. feet to a point creating the intersection of Watson Drive and Cross Road School Road; thence along said intersection by a curve to the right having a radius of 25.00 feet and an arc distance of 38.51 feet to a point in western edge of Cross Road School Road; thence along western edge of Cross Road School Road by a curve to the left having a radius of 1,166.00 and an arc distance of 149.68 feet to a point; thence still along western edge of Cross Road School Road T-438, South 51 degrees 15 minutes 00 seconds East 50.28 feet to a point the Place of BEGINNING. File #: 148885 CONTAINING 2.014 acres and designated as Lot 19 on Plan for Cross Road School Road Estates. PREMISES: 430 CROSSROADS SCHOOL ROAD PARCEL #: 46-08-0587-093 File #: 148885 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. -?'/ kez-'t"It-9- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: v < vz? ?1 ' IND n w b o? V? -J t7 Y 4.} N c:7 s,. --c c,a CD n rnF n 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03215 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS FUHRMAN JEFFREY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FUHRMAN JEFFREY L the DEFENDANT at 2042:00 HOURS, on the 31st day of May 2007 at 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 JEFFREY L FUHRMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.68 Affidavit .00 Surcharge 10.00 .00 07 L35.68 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/01/2007 PHELAN HALLINAN SCHMIEG By. A eputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03215 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS FUHRMAN JEFFREY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FUHRMAN LAURIE A A/K/A LAURIE ANN FUHRMAN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT ANN FUHRMAN , 430 CROSSROADS SCHOOL ROAD CARLISLE. PA 17013 NOT FOUND , as to FUHRMAN LAURIE A A/K/A LAURIE DEFENDANTS HAVE BEEN DIVORCED FOR 2 YEARS. HER LOCATION IS UNKNOWN. Sheriff's Costs: So ans Docketing 6.00 Service .00 Not Found 5.00 Thomas Kline Surcharge 10.00 S er' f of Cumberland County .00 ??l??" 21.00 P LAN HALLINAN SCHMIEG 6/01/2007 Sworn and Subscribed to before me this day of , A. D. r Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC, S/M to GMAC Mortgage Corporation vs. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman Court of Common Pleas Civil Division Cumberland County No. 07-3215-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman, by first class mail and certified mail to the Defendant at the mortgaged premises, 430 Crossroads School Road, Carlisle, PA 17013, posting of the mortgaged premises, 430 Crossroads School Road, Carlisle, PA 17013, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 430 Crossroads School Road, Carlisle, PA 17013. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "A", the Defendant, Laurie Fuhrman, no longer resides here. The Defendants have been divorced for two years now and her current whereabouts are unknown. 2. Plaintiff obtained a copy of the divorce docket but there was address for the Defendant Laurie A. Fuhrman. Attached hereto as Exhibit "B", is a copy of the divorce docket. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of July 24, 2007, no Judge has previously entered a ruling in this case. 5 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on July 16 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's July 16, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of July 24, 2007 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP ame c 'egg, Esquire Attorneys for Plaintiff July 24, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC, S/VI to GMAC Mortgage Corporation vs. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman Court of Common Pleas Civil Division Cumberland County No. 07-3215-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 7 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". 8 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP B• Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: July 24, 2007 9 A- ex?j?i SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03215 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS FUHRMAN JEFFREY L ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named FUHRMAN LAURIE A A/K/A LAURI unable to locate Her in his COMPLAINT - MORT FORE , ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT 3 ANN FUHRMAN but was bailiwick. He therefore returns the the within named DEFENDANT ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD NOT FOUND , as to FUHRMAN LAURIE A A/K/A LAURIE CARLISLE, PA 17013 DEFENDANTS HAVE BEEN DIVORCED FOR 2 YEARS_ HER LOCATION IS UNKNOWN. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So an Sf ofjjCumberland County [LAN HALLINAN SCHMIEG 6/01/2007 Sworn and Subscribed to before me this day of A. D. ? X ?,? 6, f 9 Feb 07 07 12:53p Jody Conrad 717-957-4345 p.42 10573.402072007 Cumberland County Prothonotar•y's Office Page 2 PYS835 Docket Entries 2/07/2007 Case No 2001-03687 FUHRMAN JEFFREY L (VS) F-MRMAN LAURIE A Date Filed - - - - - - - - - - - - - FIRS'' ENTRY - - - - - - _ - - - - - - - 1 7/28/04 COMPLAINT - DYVORC' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 8/18/04 ACCEPTANCE OF SERV:CE FOR DIVORCE COMPLAINT - BY LAURIE A FUHRMAN + - 5/18/05 AFFIDAVIT OF CONSENT - PLAINTIFF _ 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 5/18/05 WAIVER OF NOTICE O'' INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLPF - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 5/18/05 AFFIDAVIT OF CONSE:IT - DEFENDANT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 5/18/05 WAIVER OF NOTICE 0.1 INTENTION TO REQUEST ENTRY OF-A DIV DECREE-DEFT - 7 5/27/05 MARITAL AGREEMENT - - - - - - - - _ - - - 8 5/27/05 PRAECIPE TO TRANSMIT RECORD - 9 6/01/05 DIVORCE DECREE ENT:RED BY EDGAR B BAYLEY J _ _ _ . NOTICE MAILED - - - - - - - - - - - - - - LAS' ENTRY - - - - - - - - - - - - - - I l,? bY? G ?? FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 148885 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Jeffrey L. Fuhrman & Laurie A. Fuhrman Property Address: 430 Crossroads School Road, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jeffrey L. Fuhrman - xxx-xx-1799 Laurie A. Fuhrman - xxx-xx-4470 B. EMPLOYMENT SEARCH Jeffrey L. Fuhrman & Laurie A. Fuhrman - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jeffrey L. Fuhrman & Laurie A. Fuhrman reside(s) at: 430 Crossroad School Road, Carlisle, PA 17015. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Jeffrey L. Fuhrman & Laurie A. Fuhrman, however did provide a listing for David C. Souders at: 430 Crossroad School Road, Carlisle, PA 17015. On 02-02-07 our office made several telephone calls to the phone number (717) 776-5317 and received the following information: answering machine. B. On 02-02-07 our office made several telephone calls to the phone number (717) 776-3082 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 02-02-07 our office made several phone calls in an attempt to contact C & E. Cathcart (717) 776-7486,464 Crossroad School Road, Carlisle, PA 17015: answering machine. On 02-02-07'our office made several phone calls in an attempt to contact Abigail Best (717) 245-0489,493 Crossroad School Road, Carlisle, PA 17015: no answer. On 02-02-07 our office made several phone calls in an attempt to contact C. S. Blenderman (717) 258-0631, 544 Crossroad School Road, Carlisle, PA 17015: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-02-07 we reviewed the National Address database and found the following information: Jeffrey L. Fuhrman & Laurie A. Fuhrman - 430 Crossroad School Road, Carlisle, PA 17015. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jeffrey L. Fuhrman & Laurie A. Fuhrman. VI. OTHER INQUIRIES A. DEATH RECORDS As of 02-02-07 Vital Records and all public databases have no death record on file for Jeffrey L. Fuhrman & Laurie A. Fuhrman. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jeffrey L. Fuhrman & Laurie A. Fuhrman residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jeffrey L. Fuhrman - 01-1961 Laurie A. Fuhrman -12-01-1962 B. A.K.A. Laurie Ann Fuhrman * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please b6 advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 NW?ALTM of PIEN NOTARIAL SEl4l I J, OM M. FS;PM, NotryAft AFFIANT - Brendan Booth mWdpywe0e p Full Spectrum Legal Services, Inc. ?y Z 70 ? V \? Sworn to and subscribed before me this 2nd day of February, 200 . The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department July 16, 2007 Laurie A. Fuhrman aWa Laurie Ann Fuhrman 430 Crossroads School Road Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: GMAC Mortgage, LLC, SAA to GMAC Mortgage Corporation vs. Jeffrey L. Fuhrman and Laurie A. Fuhrman aWa Laurie Ann Fuhrman Premises Address: 430 Crossroads School Road, Carlisle, PA 17013 Cumberland County, No. 07-3215-Civil Term Dear Laurie A. Fuhrman aWa Laurie Ann Fuhrman, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 23, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ours, on Ricco For Daniel G. Schmieg, Esquire 13 t6 t 3aood1Z oo s4 tioOo cooz t ? inr - wt zo 050. W G • ' s3roouff® a-w=w. ' SIN fs `C ?L d v . K .p C O •it V A v ?O E v N ? 0 E"i 4 00 c c ? °o n 8y??a Y O U ? ~ C bA d 'O .iii y ?q V w U ? O 3 o 4?t > o Y ve u1 .= o C N N a o cd u n ' T$ N y N N id TC i?+'?,O p a v? w N G ? b 0 ? x" ? a o E G ?y ? rl81 T-4 w? w M b ? O g d `•' ?* g ? d ^' a ? L N S p„ s y N N$ to do ? xU ,ro a ? `d ? v a¢ a ? w a? xz C ? a, o ? z a z= ^ z? g rn 4 Ha ? d r4 M d ? d G C r ? Z ? Cyy ' C Z , VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan H & Schmieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff July 24, 2007 10 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC, S/M to GMAC Mortgage Corporation VS. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman Court of Common Pleas Civil Division Cumberland County No. 07-3215-Civil Term CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Jeffrey L. Fuhrman and Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman: 430 Crossroads School Road Carlisle, PA 17013 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: ame c ieg, Esquire Date: July 24, 2007 Attorney for Plaintiff 12 s C) 6 3> G c_> C: N --J .r" at? --a ?z "{7 r? `=its a' C7 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff VS. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN LAURIE ANN FUHRMAN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 07-3215 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: F CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: July 24, 2007 /jmr, Svc Dept. File# 148885 OA {Vy? ?w rdUL 2 A2007 /rry IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Civil Division vs. No. 07-3215-Civil Term Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman ORDER AND NOW, this J/" day of QuG, , 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman, by: 1. Posting of the premises: 430 Crossroads School Road, Carlisle, PA 17013. 2. First class mail to Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman at the last known address and the mortgaged premises located at 430 Crossroads School Road, Carlisle, PA 17013; and 2 MIWAI SNN3d AiNnC##`) , w, ' Vail ?t *I I WV I £ lAr IOOZ AWIO J?Wdd 3N1,. 4 301-4?0-031J 3. Certified mail to Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman at the last known address and the mortgaged premises located at 430 Crossroads School Road, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: O 6) Cc/ ey L. Fuhrman an$Xa he A. Fuhrman 7 0 Crossroads School Road Carlisle, PA 17013 elan 4h Ann Fuhrman J. 3 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION Plaintiff VS. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN a/k/a LAURIE ANN FUHRMAN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 07-3215 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: August 27, 2007 PHELAN HALLD & SCHMIEG, LLP By RANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attomeys for Plaintiff /jmr, Svc Dept. File# 148885 0 G 'w" i r 01 -oFq .?. 6. Y ._' co ` z p 5 D- f PHELAN HALLINAN & SCHIvIIEG LLP ,r- By+ 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 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Plaintiff VS. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-3215 Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman at 430 Crossroad School Road, Carlile, PA 17013, on August 27, 2007, in accordance with the Order of Court dated July 31, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: August 27, 2007 FRANCIS S. HALL AN, ESQUIRE Attorney for Plaintiff 7160 3401 9945 2011 1143 i To; LAURIE A. FUHRMAN r a/k/a LAURIE ANN FUHRMAN ? 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 j SENDER: JMR REFERENCE: 148885 PS Form 2005 41 RETURN RECEIPT PW%p Cerow Fee 2.65 SERVICE Return Receipt Fee 2.15 Rsstrioted Dative LTotal Potage 3 Fern 5 '. US Postal Service PO OR DATE {?'? ?? Receipt for z Certified Mail o a ' No Iruwra m Coverage Provided 00 Not Use for InWndk rw Mall C's rv tTM ° Q ., r: Him N m j Z SHERIFF'S RETURN - REGULAR CASE NO: 2007-03215 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS FUHRMAN JEFFREY L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FUHRMAN LAURIE A A/K/A LAURIE ANN FUHRMAN the DEFENDANT at 1720:00 HOURS, on the 31st day of August 2007 at 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 430 CROSSROADS SCHOOL RD NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.68 Posting 6.00 Surcharge 10.00 .00 9 p' ? ?-•? 1 • 6 8 Sworn and Subscibed to before me this day So Answers: -01 R. Thomas Kline 09/04/2007 PHELAN HALLINAN SCHMIEG By. D puty Sh riff of A. D. 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215 563-7000 GMAC Mortgage, LLC, S/M to GMAC Mortgage Corporation : Court Of Common Pleas : Civil Division VS. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman : Cumberland County : No. 2007-3215-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 31, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on August 31, 2007 and Cumberland Law Journal on September 7, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 28, 2007 J'L4?--=.- 5J-Z/ Fr cis S. Hallinan, squire Jason Ricco Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 31, 2007. COPY OF NOTICE OF PUBLICATION You in frer+frby aqW*d 10 0004 to ff>..pbove i( d CwnpM W on br before 20 dep from the do* of ffiWO cation ore Judgmbm WIN be 67"-0 Mret you. >B or ar ?0* bra OA I-Mte IF 00 ?T FOOT 1t ABOUT ' OR NO FEE. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. a/Y?n / Sworn to and subscribed before me this 04th. day of September, 2007. '?Va - 0 Notary Pub My commission expires: #114 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wo fe. Not n Pubk Cwtwland C=* Cafte My C ? E)qirw Sept. 1, 2008 Member. Pennsylvania Association Of Notaries s PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 September 7, 2007 7AZ- r isa Marie Co, Editor SWORN TO AND SUBSCRIBED before me this 7 day of September, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 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. r- ,. . CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-3215-Civil Term GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation VS. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman NOTICE TO Jeffrey L. Fuhrman and Laurie A. Fuhrman a/k/a Laurie Ann Furhman: You are hereby notified that on May 30, 2007, Plaintiff, GMAC Mort- gage, LLC, S/I/I to GMAC Mortgage Corporation, filed a Mortgage Fore- closure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County, Pennsylvania, docketed to No. 07-3215-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 430 Crossroads School Road, Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Sept. 7 ?. c'-? C ,+ ?? -r 7 } ^? a'. _ _ r ?.... f -} •;? ?' Ft ?? _? •-. ? ..? 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 12151 563-7000 GMAC MORTGAGE, LLC, S11A TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN, A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3215-CIVIL TERM 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 JEFFREY L. FUHRMAN and LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN, 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 5/26/07 to 4/7/08 TOTAL $145,630.14 $9,069.36 $154,699.50 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: *09 0 PR PROTHY - 148885 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/I/I TO GMAC : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN Defendants TO: JEFFREY L. FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 28.2007 CUMBERLAND COUNTY NO. 2007-3215 CIVIL TERM g 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 ' S F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP ` By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEFFREY L. FUHRMAN :NO. 2007-3215 CIVIL TERM LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN Defendants TO: LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 28 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. HALLINN, ESQUIRE Attorneys for Plaintiff _ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN, A/K/A LAURIE ANN FUHRMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3215-CIVIL TERM 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 JEFFREY L. FUHRMAN is over 18 years of age and resides at, 430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013. (c) that defendant LAURIE A. FUHRMAN, A/K/A LAURIE ANN FUHRMAN is over 18 years of age, and resides at, 430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Z 7?q ? ?' -?- O ? ? SLs O ? ??`?? ?- ' ? ' ? ? :? r y ?- t „ ' .C _ ? a 1 . V` _ ? ? - .? -- C:; ? t>,? . . - . (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 V. Plaintiff, JEFFREY L. FUHRMAN LAURIE A. FUHRMAN, A/K/A LAURIE ANN FUHRMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3215-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 V. V_ I By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." i It CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN No. 07-3215-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $154,699.50 Interest from 4/8/08 TO 9/3/08 $3,789.07 and Costs (per diem -$25.43) Add'l Costs $2,600.51 TOTAL $161,089.08 D7NNIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Stati 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. 148885 w? 0 w? a? az zz ?a oz OD ?A O? U? WW H? za M M O O ¢ ¢ as P4 P4 as Z UU O O ? x z xa ? w ° ao z H zz 0 E* d U ^ V z COO CA (Z 0 ? ? o0 ao ?' ?w 0 cc OW w ¢ a LAI O w ? su ,? O Oaf, ? ¢' ?'' PIb 00000?OMq, 0 01 6% CJ? 0 0 oc+ ' OW O S G? CA o b - _ _ -a ooooo -? U _o ? rj n O r D p I tn 00 00 00 7 T. C 9 JUL 302001 D'"J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, S/111 to GMAC Mortgage Corporation vs. Jeffrey L. Fuhrman Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman AND NOW, this 315 day of consideration of Plaintiff's Motion for Service Civil Division No. 07-3215-Civil Term 2007, upon Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman, by: 1. Posting of the premises: 430 Crossroads School Road, Carlisle, PA 17013. 2. First class mail to Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman at the last known address and the mortgaged premises located at 430 Crossroads School Road, Carlisle, PA 17013; and 2 I Certified mail to Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman at the last known address and the mortgaged premises located at 430 Crossroads School Road, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: Jeffrey L. Fuhrman and Laurie A. Fuhrman a/k/a Laurie Ann Fuhrman 430 Crossroads School Road Carlisle, PA 17013 3 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 Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3215-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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C"1 rte ,? _ ? Cw; ?; Tl .? ? _ . ,, _.? _ .=°' G. 004 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, v. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3215-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE LLC S/Lq 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 ,430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY L. FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 LAURIE A. FUHRMAN 430 CROSSROADS SCHOOL ROAD A/K/A LAURIE ANN FUHRMAN CARLISLE, PA 17013 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None v 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 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 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 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 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. April 23, 2008 S DATE ANIEL G. SCHMIEG, ES Attorney for Plaintiff ??a ??? .. ?? t ? r ..?. _ r.? ? ? -, ?._ r? `r ? c.: :{ GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN, A/K/A LAURIE ANN FUHRNL4,N Defendant(s). CUMBERLAND COUNTY No. 07-3215-CIVIL TERM April 23, 2008 TO: JEFFREY L. FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at 430 CROSSROADS SCHOOL ROAD CARLISLE PA 17013 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $154,699.50 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: f215) 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 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 LEGAL DESCRIPTION ALL that certain lot of and together with improvements erected thereon known as 430 Crossroad School Road situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated January 22, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 66, Page 104, as follows: BEGINNING at a point on southern right-of-way line of Cross Road School Road, T-438 at line of Lot No. 52; thence along Lot No. 52, South 32 degrees 52 minutes 00 seconds West 353.91 feet to a point; thence along Phase 3 of Cross Road School Road Estates, North 67 degrees 04 minutes 45 seconds West 112.05 feet to a point in southern edge of Watson Drive; thence along southern edge of Watson Drive by a curve to the left having a radius of 200.00 feet and an arc distance of 99.02 feet to a point; thence still along southern edge of Watson Drive by a curve to the right having a radius of 150.00 and an arc distance of 191.63 feet to a point thence still along Watson Drive North 49 degrees 05 minutes 05 seconds East 332 feet to a point creating the intersection of Watson Drive and Cross Road School Road; thence along said intersection by a curve to the right having a radius of 25.00 feet and an arc distance of 38.51 feet to a point in western edge of Cross Road School Road; thence along western edge of Cross Road School Road by a curve to the left having a radius of 1,166.00 and an arc distance of 149.68 feet to a point; thence still along western edge of Cross School Road T-438, South 51 degrees 15 minutes 00 seconds East 50.28 to a point, the Place of BEGINNING. CONTAINING 2.014 acres and designated as Lot 19 on Plan for Cross Road School Road Estates. AND BEING the same tract of land which Harmon Graves Company and Kimba, Inc., by deed dated July 29, 1998 and recorded in Cumberland County Deed Book 187 at Page 613 grante and conveyed to JEFFREY L. FUHRMAN and LAURIE A. FUHRMAN, Grantors herein. PARCEL IDENTIFICATION NO: 46-08-0587-093 CONTROL #: 46000814 TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Fuhrman, by Deed from Jeffrey L. Fuhrman and Laurie A. Fuhrman, husband and wife, dated 07/10/2004, recorded 08/09/2004, in Deed Book 264, page 3055. PREMISES BEING: 430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013 PARCEL NO. 46-08-0587-093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3215 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 JEFFREY L. FUHRMAN and LAURIE A. FUHRMAN a/k/a LAURIE ANN FUHRMAN (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 $154,699.50 L.L.$ 0.50 Interest from 4/08/08 to 9/03/08 (per diem - $25.43) - $3,789.07 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $237.36 Other Costs $2,600.51 Plaintiff Paid Date: 4/24/08 Arothonot 1'7 (Seal) By: REQUESTING PARTY: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 GMAC Mortgage, LLC VS Jeffrey L. Fuhrman and Laurie A. Fuhrman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3Z 15 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Levy Law Library Prothonotary Mileage Surcharge So Answers: R. Thomas Kline, Sheriff BY Real Estate geant 30.00 1.73 15.00 .50 2.00 9.00 30.00 $ 88.23 ? 7/b p/az ? Co UO .s0 y7VI ? t GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN AIK/A LAURIE ANN FUHRMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3215-CIVIL TERM 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. SCHIVIIEG, 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 ,430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 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 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 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 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. April 23, 2008 DATE L G. SCHMIEG, ES Attorney for Plaintiff GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION Plaintiff, V. JEFFREY L. FUHRMAN LAURIE A. FUHRMAN, A/K/A LAURIE ANN FUHRMAN Defendant(s). CUMBERLAND COUNTY No. 07-3215-CIVIL TERM April 23, 2008 TO: JEFFREY L. FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 "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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $154,699.50 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 attorneys 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 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 LEGAL DESCRIPTION ALL that certain lot of and together with improvements erected thereon known as 430 Crossroad School Road situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated January 22, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 66, Page 104, as follows: BEGINNING at a point on southern right-of-way line of Cross Road School Road, T-438 at line of Lot No. 52; thence along Lot No. 52, South 32 degrees 52 minutes 00 seconds West 353.91 feet to a point; thence along Phase 3 of Cross Road School Road Estates, North 67 degrees 04 minutes 45 seconds West 112.05 feet to a point in southern edge of Watson Drive; thence along southern edge of Watson Drive by a curve to the left having a radius of 200.00 feet and an arc distance of 99.02 feet to a point; thence still along southern edge of Watson Drive by a curve to the right having a radius of 150.00 and an arc distance of 191.63 feet to a point thence still along Watson Drive North 49 degrees 05 minutes 05 seconds East 332 feet to a point creating the intersection of Watson Drive and Cross Road School Road; thence along said intersection by a curve to the right having a radius of 25.00 feet and an arc distance of 38.51 feet to a point in western edge of Cross Road School Road; thence along western edge of Cross Road School Road by a curve to the left having a radius of 1,166.00 and an arc distance of 149.68 feet to a point; thence still along western edge of Cross School Road T-438, South 51 degrees 15 minutes 00 seconds East 50.28 to a point, the Place of BEGINNING. CONTAINING 2.014 acres and designated as Lot 19 on Plan for Cross Road School Road Estates. AND BEING the same tract of land which Harmon Graves Company and Kimba, Inc., by deed dated July 29, 1998 and recorded in Cumberland County Deed Book 187 at Page 613 grante and conveyed to JEFFREY L. FUHRMAN and LAURIE A. FUHRMAN, Grantors herein. PARCEL IDENTIFICATION NO: 46-08-0587-093 CONTROL #: 46000814 TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Fuhrman, by Deed from Jeffrey L. Fuhrman and Laurie A. Fuhrman, husband and wife, dated 07/10/2004, recorded 08/09/2004, in Deed Book 264, page 3055. PREMISES BEING: 430 CROSSROADS SCHOOL ROAD, CARLISLE, PA 17013 PARCEL NO. 46-08-0587-093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3215 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 JEFFREY L. FUHRMAN and LAURIE A. FUHRMAN a/k/a LAURIE ANN FUHRMAN (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 $154,699.50 L.L.$ 0.50 Interest from 4/08/08 to 9/03/08 (per diem - $25.43) - $3,789.07 and Costs Atty's Comm % Atty Paid $237.36 Plaintiff Paid Date: 4/24/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,600.51 Prothonotary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 32 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 430 Crossroads School Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 13, 2008 By: a Real Estate Sergeant 8S z d SZ ddV NI did "?.l 4? ti I Lj 'r PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 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. Jeffrey L. Fuhrman Laurie A. Fuhrman, a/k/a Laurie Ann Fuhrman Defendant(s) TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County No. 07-3215 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 6 Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 148885 n y, era N