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HomeMy WebLinkAbout07-5652GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 vs. JEFFREY A. GRDJAN Mortgagor and Real Owner 619 Hummel Avenue Lemoyne, PA 17043 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 3vi 1 I?rM . Defendant CIVIL ACTION: MORTGAGE NOTICE apRl:rllI 1RE 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 5658217C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION, 3451 Hammond Avenue, Suite 150 Waterloo, IA 50702. 2. The names and addresses of the Defendant is JEFFREY A. GRDJAN, 619 Hummel Avenue, Lemoyne, PA 17043, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On November 20, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1845, Page 4512. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$78,139.06 Interest from 04/01/2007 through 09/30/2007 at 6.8750% .......................$2,691.93 Per Diem interest rate at $14.71 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,906.95 Late Charges from 05/01/2007 to 09/30/2007 .............................................$136.60 Monthly late charge amount at $27.32 Costs of suit and Title Search ...................................................................... $900.00 Escrow Advance ..........................................................................................$584.75 Property Inspections .......................................................................................$33.75 Monthly Escrow amount $176.72 $86,393.04 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees 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 is entitled to collect Attorney's fees of 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 in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $86,393.04, together with interest at the rate of $14.71, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: . q"rQ4-pfA-- ECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Limited Signing Off,,,, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S Datel,,_ pi e,pkCV ZV. ?6D-) 4904 relating to unworn falsification to authorities. or officer #0558415402 - JEFFREY A. GRDJAN EythibitA ALT. THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern litre of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hereinafter mentioned; theme in a Westerly direction along the northern line of Hummel Avenue seventeen and one-half (17 1/2) feet to a point on the line running through the center of the partition wall of the double two and one-half story dwelling house erected on the lot hereby conveyed and on the lot adjoining on the West; thence in a Northerly direction along said tine through the center of said partition wail and beyond one hundred fifty (150) feet, more or less, to Apple Alley; thence in an Easterly direction along the Southern line of Apple Alley seventeens and one-half (17 1/2) feet more or less, to Lot No. 81, Section "D" one hundred fifty (150 ) feet to Hummel Avenue at the point and place of BEGINNING. BEING the Eastern portion of Lot No, 82, Section "D" on Plan of Lots known as Plan No. 1, Riverton, PA, said plan being recorded in the Cumberland County Recorder of Deeds Office in Deed Book "J", Volume 4, Page 40. HAVING TU RE©N .FIIMCTED the Eastern one-half of a two and ante-half (2 1/2) story dwelling house being known as No. 619 Hummel Avenue, Lemoyne, Pennsylvania. BEING THE SAME PREMISES granted and conveyed unto Ernest Price, Jr. and Sharon Price, by Deed of David M. Lally and Susette F. Lally, dated May 5, 1986 and recorded May 6, 1986 in Deed Book W-31, Page 282 its the Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT, THELESS, to all easements, restrictions, encumbrances and other matters of recoxd or that which a physical inspection or survey of the premises would reveal. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, Possession, property, claitu and demand whatsoever of the Grantor(s) both in law and In equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances, TO HAVE AND TO HOLD all and singular the premises herein described together with, the hereditaments and appurtenances unto the Grantee(s) and to the Grantee(s)' proper use and benefit forever. AND the Grantor(s) covenant(s) that, except as may be herein set forth, he/she/tliey do(es) and will forever specially wan=t and defend the lands and premises, hereditatnents and appurtenances hereby conveyed, against the Grantor(s) and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general rcference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. .A ov Ln W r? f?l T j r +„ c? GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 VS. JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 No. 07-5652 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 619 Hummel Avenue, Lemoyne, PA, 17043, hereinafter, the "mortgaged premises". 2. Defendant, JEFFREY A. GRDJAN, is the mortgagor and real owner of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 4. The last known address of Defendant, Jeffrey A. Grdjan, is as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, Jeffrey A. Grdjan, at the property, 619 Hummel Avenue, Lemoyne, PA, 17043. Per Sheriff, premises appears to be vacant. Per Postmaster, defendant, Jeffrey A. Grdj an, moved and left no forwarding address. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Jeffrey A. Grdjan. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Jeffrey A. Grdjan, by posting the premises and certified and regular mail to the Defendant's last known address. 1 B id B. Fein, Es Affidavit of Good Faith Investi ation Client provided information: File Number: 56582FC Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Grdjan Subject Name: Jeffrey A. Grdjan Property Address: Street: 619 Hummel Avenue City: Lemoyne State: PA Zip: 17043 Skip Results: Date of Birth: None Found ProVest File Number: 210297 Verified Dates: As of 09/10/2007 Street: 619 Hummel Avenue Phone: 717-761-0804 City: Lemoyne State: PA Zip: 17043 Death Records: As of 09/10/2007, the Social Security Administration has no death record on file for Jeffrey A. Grdjan. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Jeffrey A. Grdjan as 619 Hummel Avenue, Lemoyne, PA 17043 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Jeffrey A. Grdjan from 619 Hummel Avenue, Lemoyne, PA 17043 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration Office has no listing for Jeffrey A. Grdjan. National Postal Address Search: Has no change for Jeffrey A. Grdjan from 619 Hummel Avenue, Lemoyne, PA 17043 Comments: 717-972-8398: Spoke with neighbor, Tom Paulson, verified current address as 619 Hummel Avenue, Lemoyne, PA 17043 On 09/10/2007, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. . --k„_„, Subscribed tnd swum to before me. AfI r, e/ Potti C?cwetl Noto y Public Date: 09/10/2007 KIM ATTeSERY E f= Notary pubvc STATE OF TES > Wan Exp. W12-2ooe SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05652 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS GRDJAN JEFFREY A 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 GRDJAN JEFFREY A but was unable to?16cate Him 'in his bailiwick rnMDT.ATMrP - MnDM VnDV He therefore returns the the within named DEFENDANT 619 HUMMEL AVENUE LEMOYNE, PA 17043 GRDJAN JEFFREY A NOT FOUND , as to UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. APPEARS TO BE VACANT. Sheriff's Costs: So answer. Docketing 18.00 Service 40.32 Not Found 5.00 R. Thoma?kline Surcharge 10.00 Sheriff of Cumberland County .00 73.32 GOLDBECK MCCAFFERTY MCKEEVER 10/26/2007 Sworn and Subscribed to before me this day of , A.D. GOLDBECK McCAFFERTY & MCKEEVER A PROFESSIONAL CORPORATION Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 www_gnlrlherklaw.enm November 6, 2007 PI EASE R PI Y ASAP THANKSn To: POSTMASTER LEMOYNE, PA 17043 Request for Change of Address or Boxholder Information needed for Service of Legal Processor. Please furnish the new address of the name and street address (if a boxholder) for the following: JEE REY A- GREMAN 619 Hummel Avenue 1 PmWne. PA 17043 unrr=• The name and last known address are required for change of address information. The name, if known. and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 256.6 (d) (6) (ii). There is no fee for providing the boxholder information. The fee for proving change of address information is waived in accordance with 39 CFR 256.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requestor (e.g) process server, attorney, party representing himself): Aftnirney Plaintiff 2. Statute or regulation that empowers me to serve process (not required when requestor is an attorney or party acting pro se -except a corporation acting prose must cite statute): PAR lie civil Prncadllra Ntlmhp-r AAO 3. The names of all known parties to the litigation: GMAC MORTGAGE, LLC AN A GMAC MORTGAEG CORPORATION 4. The court in which the case has been or will be heard: Superior Court for Cumberland County 5. The docket or other identifying number if one has been issued: ?FRMT(17-9652 6. The capacity in which this individual is to be served (e.g. defendant or witness): defendant,- JEFFREY A. GRDJAN LAST KNOWN ADDRESS: 619 Hummel Avenue, Lemoyne, PA 17043 WARNING The submission of false information to obtain and use change of address information or boxhold information for any purpose other than the service of the legal process in connection with actual or prospective litigatio uld result in criminal penalties including a fine up to $10,000 or imprisonment or (2) to avoid payment of the fee for Chan f addr ormation of not re than 5 years, or both (Title 18 U.S.C. Section 1001). , f? `!? r?? MI AEL T. Mc EVER, ESQUIRE FOR POST OFFICE USE POSTMARK NEW ADDRESS OR BOXHOLDEWS STREET ADDRESS --Mail is delivered to the address given. -No change of address order on file. -Not known at address given. _No such address. Moved, left no forwarding address. Our file #: 56582FC w` ,? USPS/ GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 vs. JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-5652 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. i BY: David B. Fein, Esq. I GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff VS. JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS Of Cumberland County No. 07-5652 CERTIFICATE OF SERVICE David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Jeffrey A. Grdjan, this 13th day of November, 2007, by first class mail, postage prepaid. BY: t? ? Q .,.? ?; r:? -?? ?' ra ,? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05652 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS GRDJAN JEFFREY A 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 GRDJAN JEFFREY A but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT , GRDJAN JEFFREY A NOT FOUND , as to 619 HUMMEL AVENUE LEMOYNE, PA 17043 UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. APPEARS TO BE VACANT. Sheriff's Costs: Docketing 18.00 Service 40.32 Not Found 5.00 Surcharge 10.00 / .00 hlblld? V 73.32 ---;, :So answe -..-_ ,.. _? R. Thoma line Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 10/26/2007 Sworn and Subscribed to before me this day of A. D. GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT C r') OF THE ORIGINAL. FILED VlYit'k-- ivivn i uAtjr-, LLU A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 VS. JEFFREY A. GRDJAN Mortgagor and Real Owner 619 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 67 -565 el-v; I lerh CIVIL ACTION: MORTGAGE NOTICE FWREQLOSURE 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 '%& COR FROM RECORD TesOmy whereof, I here unto set my hank. LEGAL SERVICES IN(ind 9% sW of said Court at Carlisle. Pa. 8 Irvine Row !LflZ?y 4t. z... 4W7 Carlisle, PA 17013 717-243-9400 l rv AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 5658217C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE LLC A/K/ A GMAC A#Q4ERW C15" IS Hammond Avenue, Suite 150 Waterloo, IA 50702. A TR jE AND C0O,MR-?7TPTM, 0 1 I of THE ORIGINAL FILED 2. The names and addresses of the Defendant is JEFFREY A. GRDJAN, 619 Hummel Avenue, Lemoyne, PA 17043, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On November 20, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1845, Page 4512. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................. ...$78,139.06 ............................................................... Interest from 04/01/2007 through 09/30/2007 at 6.8750% .......................$2,691.93 Per Diem interest rate at $14.71 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,906.95 Late Charges from 05/01/2007 to 09/30/2007 .............................................$136.60 Monthly late charge amount at $27.32 Costs of suit and Title Search ........................................ ....$900.00 .......................... Escrow Advance ..........................................................................................$584.75 Property Inspections .................. ..................................................................... $33.75 Monthly Escrow amount $176.72 $86,393.04 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees 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 is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nersonam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $86,393.04, together with interest at the rate of $14.71, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: 4EA -8K McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION ?ited SlgnraYjor I, ?? O$I as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date,, be? 2ci? or Officer #0558415402 - JEFFREY A. GRDJAN Exhibit A ALL THAT CERTAIN tract of land located in the Borough of Co'MmOnwea]th of Pennsylvania, bounded and described as follows: e' COUnty of G ri , fi BEGI<,NNIlKG at a point on the Northern litre of Hummel Lots No. 81 and 82, Sermon "D" on the plan of lots hereinaiber mentioned-Avenue on the dividing line between, along the northern line of Hummel Avenue seventeen and one-half (17 112 the= in aWesterlY direction point running through the center of the Partition wall of the double two and onehalf stn dw on the line erected on the lot hereby conveyer! and on the lot adjoining oa the Wes thence to a) house rthe along said line through the center of said partition wall and beyond u t' Y it ection less, to Apple Alley; thence in an Easterly direction along the St one hundred Y (150) feet, more or a-half (I7 1I2) fat more or less, to Lot No. 81, Section Do one hundred PPIc Alley seventeen and Avenue at the point and place of BEGINNING. ftY (I50 )feet to Humane! J3M VG the Eastern portion of Lot No, 82, Section "D" Riverton, PA, said plan being recorded in the on Plan of Lots known as Plan No. i, Book "J", Volume 4, Page 40. Cumberland County Recorder of Deeds Office in Deed dwell house HAVING T?MEON l tT? the Eastern one-]calf of a two and one-? f (2 1/2 stn ) being known as No. 619 Hummel Avenue, Lemo3'na ry BEING , Pennsylvania. by Deed of DLally aid conveyed unto Ernest ,Puce, Jr. and Sharon ,per Book W-31, Page 282 is fife Cumberland Cony, dated May 5, 1986 and recorded May 6, 1986 in Deed tY Recorder of Deeds Office. other matt DER AND MUCT' MMTBELESS record or that which a ? to all easements, restrictions, encunItMI es and AhY*Rl inspection or smey of the Premises would reveal. TOGS with all and d4gular the bai.idi s, watercourses, rights' liberties, Privileges, hereditiumits ? improvements, w anywise appertaining, and the reversion and revers appurtenances woods to the same belartging or in powhereof, and of every part and patty thereof; ionsAND AISp er and remainders, rents, issues and n' P Pc'Ey, claim and demand whatsoever of the Gran all the estate, right, title, interest, use, to the prmniws herein described and every Part and parcel thereof wibeth the saw and in eppurtenancesquity, of, in acid AND TO BOLD all and singular , TO HAVE appurtenances unto the the premises herein described together with the () and to the Grantee(s)' proper use and benefit forever editainenis and AID be Gt'aatnr(s) covenant(s) that, ex will forever 5peciaily WRIMt sad defend the may be herein set forth, he/she/tlxey hereb v??' against the Grantor( lands y and premises, hercdita=ntg and does} and same or any and all other appurttnauces Y part thereof, by, from or under it, them oPersons lawfuuy claitning the Satre or to cl? the any of them. In all ref -Teu q herein to any partks gender or plural or singular All tuber is i>?,dcd?include the appropriate corporations, the use of of the within instrument may require. gender or any Mmba particular text Wherever in this instrument any reference, such designation is intended to as party shall by s be designated or referred to administrators hall have the same effect as if the name or general every such desipersona] or legal rePi'eSeatatives, successors d words "heirs, executors station. an assigns had been inserted after each and ge4ks GMAC MORTGAGE, IN THE COURT OF COMMON PLEAS OF LLC, A/K/A GMAC CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE CORPORATION, Plaintiff V. CIVIL ACTION - LAW JEFFREY A. GRDJAN, Defendant NO. 07-5652 CIVIL TERM ORDER OF COURT AND NOW, this 26`h day of November, 2007, upon consideration of Plaintiff's Motion for Substituted Service Under Pa. R.C.P. 430(a), it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 619 Hummel Avenue, Lemoyne, PA 17043, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 619 Hummel Avenue, Lemoyne, PA 17043. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Hummel Avenue address with service to be complete upon mailing. BY THE COURT, ichael T. McKeever, Esq. Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff J ,y J., Wesley Olen, Jr., J. no t 1"J 8Z AON tOZ f ; ?LL :lU GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) Term No. 07-5652 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER .e?,/IJA06 4?7 W( By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 06 20 ! _ t _ u; GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 JEFFREY A. GRDJAN Mortgagor(s) 619 Hummel Avenue Lemoyne, PA 17043 VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5652 Defendant(s) CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on D --GL (') i )a? he did serve upon Defendant(s) JEFFREY A. GRDJAN a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated November 26, 2007. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, ??J& GOLDBE c FE McKEEVER BY: JOSEPH A. DBECK, JR. ESQUIRE .00 ?E --? SHERIFF'S RETURN - REGULAR CASE NO: 2007-05652 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS GRDJAN JEFFREY A SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRDJAN JEFFREY A the DEFENDANT r at 1823:00 HOURS, on the 12th day of December-, 2007 at 619 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to POSTED PROPERTY AT 619 HUMMEL AVENUE LEMOYNE 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: So Answers: Docketing 18.00 Service 15.36,« , Posting 6.00s Surcharge 10.00 R. Thomas Kline .00 ., 1)q 07 ?.' 49.36 12/13/2007 GOLDBECK MCCAFFE Y M E i Sworn and Subscibed to By: before me this day eputy Sheriff of , A. D(.- ( +t U7" 5565d 10 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 December 14, 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. Lis Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 14 day of December, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas Cumberland County Civil Action-Law No. 07-5652 GMAC MORTGAGE, LLC a/k/a GMAC MORTGAGE CORPORATION, Plaintiff VS. JEFFREY A. GRDJAN, Mortgagor and Real Owner, Defendant TO: JEFFREY A. GRDJAN, MORT- GAGOR AND REAL OWNER, DEFENDANT, whose last known address is 619 Hummel Avenue, Lemoyne, PA 17043. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OB- TAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECT- ING THE DEBT. You are hereby notified that Plain- tiff, GMAC MORTGAGE, LLC a/k/a GMAC MORTGAGE CORPORATION, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 07-5652, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 619 Hum- mel Avenue, Lemoyne, PA 17043, whereupon your property will be sold by the Sheriff of Cumberland County. 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 the Complaint and notice are served, by entering a written ap- pearance 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 claim 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSN. 32 S. Bedford St. Carlisle, PA 17013 LEGAL SERVICES INC. 401 E. Louther St. Suite 103 Carlisle, PA 17013 (717) 243-9400 JOSEPH A. GOLDBECK, JR., ESQUIRE GOLDBECK McCAFFERTY & McKEEVER, P.C. Attorneys for Plaintiff Suite 5000 Mellon Independence Center 701 Market St. Philadelphia, PA 19106-1532 (215) 825-6411 Dec. 14 11 i 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) December 07, 2007 COPY OF NOTICE OF PUBLICATION 41- `' j? ? ' t' A• Ftl??'f; PIe6?IM1 YY[ 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 p lication are tru &044 tn? A .r FIC OW W k FEE OR NO FEE'. . A>AA 17013 Sworn to and subscribed before me this 11th. day of December, 2007. Notary P c My commission expires: qj //! M COMMONWEALTH OF PENNSYLVANIA No arlal Seal Christina L. Wdte, Notary PubtiC CadW Boro, Cumberland County MyCornrr*uuan EJ*ft Sept. 1, 2006 Member, Pennsylvania Association Of Notaries fM C-5 r 4 Y "` In the Court of Common Pleas-of Cumberland County - GMAC MORTGAGE, -LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff VS. JEFFREY A. GRDJAN (Mortgagor(s) and Record Owner(s)) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-5652 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JEFFREY A. GRDJAN by default for want of an Answer. Assess damages as follows: Debt Interest from 01/16/2008 to Date of Sale Total (Assessment of Damages attached) $88,783.17 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237. )Aornevy ha . McKeever for Plaintiff I.D. #56129 AND NOW O?Q,ry ?', r?OGI? Judgment is entered in favor of GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION and against JEFFREY A. GRDJAN by default for want of an Answer and damages assessed in the sum of $88,783.17 as per the ove certification. Pro onotary GMAC MORTGAGE, LLC, A/K/A GMAC MORTGAGE CORPORATION, Plaintiff V. JEFFREY A. GRDJAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5652 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of November, 2007, upon consideration of Plaintiff's Motion for Substituted Service Under Pa. R.C.P. 430(a), it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 619 Hummel Avenue, Lemoyne, PA 17043, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 619 Hummel Avenue, Lemoyne, PA 17043. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Hummel Avenue address with service to be complete upon mailing. BY THE COURT, Mic T. McKeever, Esq. S ' e 5000 ellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff L J. Wesley Oler, Jr., J. w 56582FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. JEFFREY A. GRDJAN (Mortgagor(s) and Record Owner(s)) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 DATE OF THIS NOTICE: January 4, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-5652 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Josevh A. Goldbeck. A GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JEFFREY A. GRDJAN, is about unknown years of age, that Defendant's last known residence is 619 Hummel Avenue, Lemoyne, PA 17043, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: /?p? w GOLDBECK MCCAFFERTY & McKEEVER - BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION IN THE COURT OF COMMON PLEAS 3451 Hammond Avenue Suite 150 of Cumberland County Waterloo, IA 50702 Plaintiff vs. CIVIL ACTION LAW JEFFREY A. GRDJAN (Mortgagor(s) and Record owner(s)) ACTION OF MORTGAGE FORECLOSURE 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) No. 07-5652 ORDER FOR JUDGMENT Please enter Judgment in favor of GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION, and against JEFFREY A. GRDJAN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $88,783.17. qch . McKeever rney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) is/are JEFFREY A. GRDJAN, 619 Hummel Avenue Lemoyne, PA 17043; DB K McCAFFERTY & McKEEVER B : Michael T. McKeever Attorney for Plaintiff ASSESSMENT Of DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $78,139.06 Interest from 04/01/2007 through $4,265.90 01/15/2008 Reasonable Attorney's Fee $3,906.95 Late Charges $245.88 Costs of Suit and Title Search $900.00 Escrow Payments Due 4 X $176.72 $706.88 Escrow Advance $584.75 Property Inspections $33.75 $88,783.17 LDB K McCAFFERTY & McKEEVER B : Michael T. McKeever Attorney for Plaintiff AND NOW, this 'j* day of 2008 damages are assessed as above. P Prothy ,y6 ? ??.,j ra ('> ?'?' t`r L ?? ? ? G... ?--i r??,=' Y ? ? ? _ --.,? T. ? ¢? -p _ - ` ? o?o ? D ?' - ? ` ' ' .? } -? _ ?j G ? --C: Rule of Civil Procedure No. 236 - Revised . IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff No. 07-5652 vs. JEFFREY A. GRDJAN (Mortgagors and Record Owner(s)) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonota By: - J??y?o8 If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 r PRAE_CIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) - P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 vs. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5652 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/16/2008 to Date of Sale at 6.8750% (Costs to be added) 88.783.17 C 00LEk K McCA FFERTY & McKEEVER el T. McKeever Attorney for Plaintiff d W W a z 0 N N O ? U CD C) za O U W x z c7 O H x O ?o F"Uo LL1 OU C7 ¢ O r4 0 c? 96 03 O W W ,p 00 6n Cl. a U ¢ W `a 0 r° z. O E? yC '? w? P61 o W C w C L ? O W Py U w U U >U a? U ? o ??y I-ti .1 Cf$ ? o ct U N N --' O ? N X ?o w ?o ? o o iA (A -3 _ -3 P? 93 O oo B W 'r- °° 0 0 0 0 6` p' O .. a OD f a..:J CT-? -4 T'+ r- C it v.? TI? r? t ?r ?i ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hereinafter mentioned; thence in a Westerly direction along the northern line of Hummel Avenue seventeen and one-half (17 '/2 ) feet to a point on the line running through the center of the partition wall of the double two and one-half story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the West; thence in a Northerly direction along said line through the center of said partition wall and beyond one hundred fifty (150) feet, more or less, to Apple Alley; thence in an Easterly direction along the Southern line of Apple Alley seventeen and one-half (17 `/2 ) feet more or less, to Lot No. 81, Section "D" one hundred fifty (150) feet to Hummel Avenue at the point and place of BEGINNING. BEING the Eastern portion of Lot No. 82, Section "D" on Plan of Lots known as Plan No. 1, Riverton, PA, said plan being recorded in the Cumberland County Recorder of Deeds Office in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED the Eastern one-half of a two and one-half (2 '/z) story dwelling house being known as No. 619 Hummel Avenue, Lemoyne, Pennsylvania, TAX PARCEL #: 12-22-0824-145 PROPERTY ADDRESS: 619 HUMMEL AVENUE, LEMOYNE, PA 17043 Goldbeck McRafferty & McKeever BY: M1chael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW JEFFREY A. GRDJAN (Mortgagor(s) and Record Owner(s)) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-5652 GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 619 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE • . -4. Name and a04ress of the last recorded holder of every mortgage of record: MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE P.O. Box 2026 Flint, MI 48501 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. D/B/A SOUTHBANC MORTGAGE 13861 SUNRISE VALLEY DRIVE SUITE 100 HERNDON, VA 20171 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. D/B/A SOUTHBANC MORTGAGE 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. O TENANTS/OCCUPANTS 619 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) s I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 15, 2008 ODBIM(cCAFFERTY & McKEEVER qB r, , Esq. : Michael T. McKeever, Attorney for Plaintiff c ., t`;: ? :-? --r? _, - c.?. ?? ??? , ? -, -', ?? 4 ;?.., c +-° ?. -,., r- "' c`?' _. Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-5652 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ^eever ntiff ^ti ? ? :.i ? ?? rC';? _ ?? ?? x._ '?.. 7.- e.rvv .. C , ? ' !? '? ..i.: -.- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 07-5652 GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5652 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GRDJAN, JEFFREY A. JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 Your house at 619 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $88,783.17 obtained by GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 07-5652 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-5652 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 56582FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5652 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC a/k/a GMAC MORTGAGE CORPORATION, Plaintiff (s) From JEFFREY A. GRDJAN (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 $88,783.17 L.L. $.50 Interest from 1/16/08 to Date of Sale at 6.8750% Atty's Comm % Due Prothy $2.00 Atty Paid $251.68 Other Costs Plaintiff Paid Date: 1/17/08 rothonotary (Seal) By: REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 GMAC MORTGAGE, LLC AIK/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 07-5652 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by Sheriffs OfficeAxmVe*ent mkt (copy of return attached). Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). Q0 Published in accordance with court order Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever Attorney for Plaintiff 56582FC CF: 09/27/2007 SD: 06/11/2008 $88,783.17 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 00 f }I ? N W r Q! 4ow U. N ( r C,•` Y N0 f l 0 A a 9 ? 16 Y Li a cm (? 40 v Q ¢U = Q Sc U- J Cj a w a ?m z a d' Zmom U O 0 d " $ U U O 3 o oa o Q o¢ UJ LL U- 'J- LL 0 u m? Z . 0 C Z.- 2? r E ? zw a ?t 5? 00 ZU pp ?p -2 c w 71 00 ZU U a? < O.S Q O'?lV V}N 0 ? 0. (n ?Q co N"' iA ui IX QZO ¢ e- V1 O a U?S a !C X tl)F- X ! ! 4CJ i 2 X? Q (nr 060 T U ? E ?000 m0 , ? 0?'+ u o ? ro Lu Cl w co o w0 L a_ U Y O a am=a 0 gUa U ?2 U. 0 .722 j cnv crA0 a ,r a sCL g Z s = Q Wm a g M.t ' z W Z O = M [A w es.... T N fM ?t t o (O i? c6 5 O. C d A m o` c a CL CL E V N w 0 S N LL ti a co a T m f0 O ca U) U. 9 co Q U` d LL LL W ' Form 3877 ` Domestic USPS Firm Mailing Book Name and Address of ----------- Sender: ----- Per ------------ mit Number ----------------- Sequence Number JOSEPH A GOLDBECK JR 1894A MELLON INDEPENDENCE CENT 701 MARKET ST STE 50 00 Ascent - MAC v7.20. 7.20 I PHILADELPHIA, PA 191 06 . Piece ID Article # ------------------- Delivery Address --------- SS --------- Fee ------------ Postage --------------------------- Value Sender ---------- Charges Addressee Name ------------- Type Insur./Register Due Total 59132SO6-16 ------ 71114342363000257757 OSMAN, SCOTT A. -------- C --------- 2 65 ------------ 0 41 --------------------------- ---------- . . 3.91 4312 Fissels Church Road RRE 0.85 Glen Ronk, PA 17327 58991LS5-9 71114342363000257764 STEIN, LEE C 2 65 41 0 . . 3.91 534 East Main Street RRE 0.85 Bath, PA 18014 5891W$5-9 71114342363000257771 STEIN, WENDY C 2.65 0.41 3.91 534 East Main Street RRE 0.85 Bath, PA 18014 5891WS5-9.01 71114342363000257788 STEIN,•WENDY C 2.65 0.41 3.91 213 Moorestown Drive RRE 0.85 Bath, PA 18014 5891LS5-9 71114342363000257795 STEIN, LEE C 2.65 0 41 . 3.91 213 Moorestown Drive RRE 0.85 Bath, PA 18014 58305AW4-18 71114342363000257801 WILLINGHAM, ANTHONY T. C 2.65 41 0 . 3.91 214 South Seventh Street RRE 0.85 Darby, PA 19023 58594DS4-4 71114342363000257818 SCOBLE, DOROTHY J. C 2.65 41 0 . 3.91 104 Lawrence Street RRE 0.85 Wilkes Barre, PA 18702 56582JG6-11 71114342363000257825 GRDJAN, JEFFREY A. C 2.65 0.41 3.91 619 Hummel Avenue RRE 0.85 D Lemoyne, PA 17043 Page Totals: 8 - - --------- --------- --------- ------------ -------- ------------------ -------- Cumulative Totals: 16 28.00 3.28 _ - 31.28 56.00 6.56 5 1' `\ I I/, 62.56 Page 2 le \ rr ?• ? GMAC MORTGAGE, LLC, A/K/A GMAC MORTGAGE CORPORATION, Plaintiff JEFFREY A. GRDJAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5652 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of November, 2007, upon consideration of Plaintiff's Motion for Substituted Service Under Pa. R.C.P. 430(x), it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 619 Hummel Avenue, Lemoyne, PA 17043, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 619 Hummel Avenue, Lemoyne, PA 17043. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Hummel Avenue address with service to be complete upon mailing. BY THE COURT, Mic T. McKeever, Esq. S e 5000 ellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff ;Wesley Ole W, Jr., J. V GMAC Mortgage, LLC a/k/a GMAC Mortgage In the Court of Common Pleas of Corporation Cumberland County, Pennsylvania VS Writ No. 2007-5652 Civil Term Jeffrey A. Grdj an Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2008 at 2020 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey A. Grdjan, by posting the premises located at 619 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania pursuant to order of court, according to law. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1431 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 Jeffrey A. Grdjan located at 619 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey A. Grdjan by regular mail to his last known address of 509 Grant Drive, Camp Hill, PA 17011. This letter was mailed under the date of April 01, 2008 and never returned to the Sheriffs Office. So Answe R. Thomas Kline, Sheriff By 1?1, Real Estate S geant GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff VS. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 07-5652 GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 619 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 ' P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE 13861 SUNRISE VALLEY DRIVE SUITE 100 HERNDON, VA 20171 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 619 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 1, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff ti CJ c- c!` GOLDBECK McCAFFERTY & McKEEVER 56582FC BY: Michael T. McKeever CF: 09/27/2007 Attorney I.D.#56129 SD: 06/11/2008 Suite 5000 - Mellon Independence Center 701 Market Street $88,783.17 Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 vs. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Defendant(s) AMENDED CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 07-5652 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriff s Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by 94tmiffs 8% competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff s Office (copy of return attached). lyC1 Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever Attorney for Plaintiff 4 }fit s s two - 3- te So1'60 ? Moil ? $? pCIpQ a ?, y a rat CI4 a1, lisp I N 0 dN 1 ? ?u ? uWi? a? p, 7 99 ? ? 4 ? ? Q ?Ji" ? ? f1G 00 y? o 1 i di J it V` i. ,i 00 d C r r r to - ' T x. N n u r= c) U. 11 I It N 0. w Q O O ?p ?N ? ?p U.1 an; 1N Q O r Nn 4 ?aiN?? • N 8 t w? h A •' ?? *" 6.6 a ?t ooo? v ? o000 ?I ru a C N ?W o I- V. 1. s d c r a N a I " 16 1 z U. U. 4 ? C7 to ay fl- u <( 2 E ? a ? Y ? U W ' c6 GMAC MORTGAGE, LLC, A/K/A GMAC MORTGAGE CORPORATION, Plaintiff _ , v.. . JEFFREY A. GRDJAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5652 CIVIL TERM ORDER OF COI?RT AND NOW, this 26tb day of November, 2007, upon consideration of Plaintiff's Motion for Substituted Service Under Pa. R.C.P. 430(a), it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 619 Hummel Avenue, Lemoyne, PA 17043, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 619 Hummel Avenue, Lemoyne, PA 17043. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Hummel Avenue address with service to be complete upon mailing. BY THE COURT, N1ic1 ' l 1. IV1 u.l to vca ., 1. ;sq. 'e))(00 .. ellon lndetx ndence t "enter ` 01 Market street Philadelphia, P!! 10106:111? Attorney for Plaintiff I? J; Wesley Ole, Jr., J. 9 Form 387 7 ------------ - - Domestic US PS Firm Mailing Book - - ---- Name and Address of --------------- Sender: ------------------- Permit Number ------------------ Sequence -------- Number JOSEPH A GOLDBECK JR 407A MELLON INDEPENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v7.20. 7.20.I PHILADELPHIA, PA 19106 ----- -- -- ------------------------ Piece ID Article A ------------------------ Delivery Address -------------- SS --------- Fee ---------- Postage ----------------------------- Value Sender ---------- Charges ---------------------------------- Addressee Name ------------ ------------- Type - Insur./Register Due Total 62436FCPK8-13.71114342363000363397 -- ----------- KIMES, PAUL D. JR. a/k/a KIMES, C --------- 2.65 ---------- 0.75 ----------------------------- ---------- 4.25 Main Street RRE 0.85 Hazelhurst, PA 16733 62436FCPK8-13.71114342363000363403 KIMES, PAUL D. a/k/a PAUL DAVID C 2.65 0.75 4,25 297 Burning Well Road RRE 0.85 Kane, PA 16735 62436FCDK8-13 71114342363000363410 KIMES, DONNA J. a/k/a DONNA SEA C 2.65 0.75 4.25 297 Burning Well Road RRE 0.85 Kane, PA 16735 62436FCDK8-13.71114342363000363427 KIMES, DONNA J. a/k/a DONNA JEA C 2.65 0.75 4.25 413 Spruce Street RRE 0.85 St Mary's, PA 15857 56582FCJG9-3 71114342363000363434 GRDJAN, JEFFREY A. C 2.65 0.75 4.25 619 Hummel Avenue RRE 0.85 Lemoyne, PA 17043 53013FCVH8-21 71114342363000363441 HILL, VELMA C 2.65 0.75 4.25 2914 Eagle Road RRE 0.85 West Chester, PA 19382 56551FCRG8-19 71114342363000363458 GROVER, ROY E. C 2.65 0.75 11NENr''1 S 4 25 ' ? . 126 McKinney Road RRE 0.85 O h Lake Ariel, PA 18436 ? it JUL 0.2 56551FCRG8-19.71114342363000363465 GROVER, ROY E. C 2.65 0.75 tl 4.25 239 2ND STREET RRE 0.85 l?! ?q 4P GREENFIELD, PA 18401 ?? PH1A ?.? ------------------------------- Page Totals: 8 ------------------------- ------------ --------- 28.00 ---------- 6.00 ----------------------------- -------- 34.00 Cumulative Totals: 16 56.00 12.00 68.00 Page 2 • IN THE COURT OF COMMOMPLEAS CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE GMAC MORTGAGE, LLC i JEFFREY A. GRDJAN Plaintiff (Petitioner) VS. Defendant (Respondent) CASE and/or DOCKET: 07-5652 1,:Tf declare that I am a Pennsylvania State Constable and/or Process Server, in and .nj?a_ R j'jj X/V b for The County of Berks, t I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: JEFFREY A. GRDJAN ADDRESS: 619 HUMMEL AVENUE LEMOYNE, PA 17043 on: 7- 1 t /O 9 At: 9 SI al"1 Description: Approximate Age Height Weight Race Sex Hair With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: o DELIVERED A COPY TO HIM/HER PERSONALLY o LEFT A COPY WITH A HOUSEHOLD MEMBER NAME/RELATIONSHIP: o LEFT A COPY WITH ADULT IN CHARGE OF RESIDENCE: NAME/RELATIONSHIP X/POSTED PROPERTY X_ AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS: NAME/TITLE o MILITARY STATUS: YES NO BRANCH COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: MOVED UNKNOWN NO ANSWER VACANT OTHER: SERVICE WAS ATTEMPTED ON THE FOLLWING DATES/TIMES: 1.) 2.) 3.) SWORN TO AND SUBSCIBED BEFORE M THIS I DAY OF 2008 NOTA COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ERIC M, AFFLERSACH, Notary'Publici Washington Twp., Barka County N vember 18, 2009 _fY14 - CONSTA LE/PR E S SERVER 5?s?a Fc Provest, LLC P.O. Box 1180 93 East Main Street Bayshore, New York 11706 (P)631-666-6168 (F) 631-666-6295 GOLDBECK WCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, 1A 50702 Plaintiff vs. JEFFREY A. GRDJAN Mortpgor(s) and R.evord Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) AFFIDAVrr PURSUANT TO RULE 3129 Term No. 07-5652 GMAC MORTGAGE, LLC AlK1 A GMAC MORTGAEG CORPORATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 619 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY A. GRDJA:N 619 Hummel Avenue Lemoyne, PA 11043 ?. Name ami address of tefendant(s) in the, judginenv JEFFREY A. (FADlAly 619 Huwj„el Avenue 3. Name and last known address of every judgment creditor whose .judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 3'20 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enfo r=unt Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MFRS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. D/B/A S(xTHBANC MORTGAGE 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. D/B/A SOUTHBANC MORTGAGE 13861 SUNRISE VALLEY DRIVE SUITE 100 HERNDON, VA 20171 MFRS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. D/B/A SOUTHBANC MORTGAGE P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the We. 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. TENANTS/OCCUPANTS 619 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating. to imstvorn falsification to authorities. l:)A CED: May 1, A)08 (.1611513ECK McCAFFERTY & McKFEVER BY: Michael T. McKeever, Esy. Attorney for Plaintiff ,....t ', ':1 R...? v"? ) w? f ? v"" I't 7 1 -- f,r?s N ..? 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 GMAC MTG LLC AKA GMAC MTG CORP is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 17TH day of JAN. A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5652, at the suit of GMAC MTG LLC AKA GMAC MTG CORP against JEFFREY A GRDJAN is duly recorded as Instrument Number 200831974. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds ?undayCdw '2 A GMAC Mortgage, LLC alk/a GMAC Mortgage In the Court of Common Pleas of Corporation Cumberland County, Pennsylvania VS Writ No. 2007-5652 Civil Term Jeffrey A. Grdjan "Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2008 at 2020 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey A. Grdjan, by posting the premises located at 619 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania pursuant to order of court, according to law. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1431 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 Jeffrey A. Grdjan located at 619 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey A. Grdjan by regular mail to his last known address of 509 Grant Drive, Camp Hill, PA 17011. This letter was mailed under the date of April 01, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of GMAC Mortgage, LLC a/k/a GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage, LLC a/k/a GMAC Mortgage Corporation, of 3451 Hammond Avenue, Suite 150, Waterloo, IA 50702, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,037.31. Sheriff s Costs: Docketing $30.00 Poundage 19.56 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 20.00 Posting 6.00 Law Journal Patriot News 350.30 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriff s Deed 355.00 40.50 $ 1,037.31 ?(1. q?30?04' c? ?5l g ?y 02- -) 15 ?! `j So Answers: R. Thomas Kline, Sheriff BY'J6 Real Estate ergeant t Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suitt 5000 - Mellon Independence Center ;01 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff VS. JEFFREY A. GRDJAN (Mortgagor(s) and Record Owner(s)) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5652 AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 619 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MFRS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE P.O. Box 2026 Flint, MI 48501 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE 13861 SUNRISE VALLEY DRIVE SUITE 100 HERNDON, VA 20171 MERS, AS A NOMINEE FOR CORINTHIAN MORTGAGE CORP. DB/A SOUTHBANC MORTGAGE 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 619 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: January 15, 2008 qB DB C McCAFFERTY & McKEEVER : Michael T. McKeeve r, , Esq. Attorney for Plaintiff 07-5652 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION IN THE COURT OF COMMON PLEAS 3451 Hammond Avenue Suite 150 of Cumberland County Waterloo, IA 50702 Plaintiff vs. JEFFREY A. GRDJAN Mortgagor(s) and Record Owner(s) 619 Hummel Avenue Lemoyne, PA 17043 Defendant(sA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5652 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GRDJAN, JEFFREY A. JEFFREY A. GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 Your house at 619 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, June It, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $88,783.17 obtained by GMAC MORTGAGE, LLC A/K/ A GMAC MORTGAEG CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC MORTGAGE, LLC A/KI A GMAC MORTGAEG CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 07-5652 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale, This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-5652 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention&goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 5658217C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hereinafter mentioned; thence in a Westerly direction along the northern line of Hummel Avenue seventeen and one-half (17 %2 ) feet to a point on the line running through the center of the partition wall of the double two and one-half story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the West; thence in a Northerly direction along said line through the center of said partition wall and beyond one hundred fifty (150) feet, more or less, to Apple Alley; thence in an Easterly direction along the Southern line of Apple Alley seventeen and one-half (17'/z ) feet more or less, to Lot No. 81, Section "D" one hundred fifty (150) feet to Hummel Avenue at the point and place of BEGINNING. BEING the Eastern portion of Lot No. 82, Section "D" on Plan of Lots known as Plan No. 1, Riverton, PA, said plan being recorded in the Cumberland County Recorder of Deeds Office in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED the Eastern one-half of a two and one-half (2 '/2) story dwelling house being known as No. 619 Hummel Avenue, Lemoyne, Pennsylvania, TAX PARCEL #: 12-22-0824-145 PROPERTY ADDRESS: 619 HUMMEL AVENUE, LEMOYNE, PA 17043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5652 Civil CIVIL ACTION - LAW M / • TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC a/k/a GMAC MORTGAGE CORPORATION, Plaintiff (s) From JEFFREY A. GRDJAN (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 $88,783.17 L.L. $.50 Interest from 1/16/08 to Date of Sale at 6.8750% Atty's Comm % Atty Paid $251.68 Plaintiff Paid Date: 1/17/08 (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Due Prothy $2.00 Other Costs Prothonotary By: Deputy Supreme Court ID No. 56129 Real Estate Sale # II On February 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Lemoyne, Cumberland County, PA Known and numbered as 619 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2008 By: SKd4, w vl Real Estate Sergeant gp :01 d 81 NVr 9001 jJR33HS 3Hi130 35 ?3i0J Nhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ?11ePatr1*otAvXtws 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: 04/23/08 04/30/08 05/07/08 Sworn to an sub oribedbefore me this 27 day of May, 2008 A. D. Notary Pu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries RAN Ee1eb Sde #11 wrft Ms. 29W4N 2 CMTwM QWCNn 4p go LLCWo GMAC Ow-9sge Corporatlon VS JWk" A- Gtrdlen Attorney: Joseph Goltibsdt DESCRUTrM ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, Canty of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern hoe of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hentinafter mentioned; thence in a Westerly direction along the naatbern line of Hummel Avenue seventeen and ow-W (17112) fed to a point on the line turning through the center of the partition wall of the double two and ono-half story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the west; thence in a Northerly direction al mg said be through the .cam of said partition wall and beyond one hundred fifty (150) fed, more or less, to Apple Alley; thence in an Easterly direction along the Southern lice of Apple Alley seventeen and one-half (17 1/2) feet more or less, to Lot No. 81, Section "D" one hundred fifty (150) feet to Hummel Avenue at the point and place of BEGINNING. BEING the Eastern -portion of Lot No. 82, Section "D" on Plan of Lou known as Plan No.l, Riverton, PA, said plan being recorded in the Cumberland Canty Recorder of Deeds Office in Deed Book 1", Volume 4, Page 40. HAVING THEREON ERECTED the Eastern ne-half of a two and ono-half (2 1/2) story dwelling house being known as No. 619 Hummel Avenue, Lemoyne, Pennsylvania, 4X PARCEL #:12-22-0824145 PROPERTY ADDRESS: 619 HUMMEL AVENUE, LEMOYNE, PA 17043 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 day of May, 2008 Notary F OTARIAL SEAL RAH A COLLINS otary Public O, CUMBERLAND COUNTY ion Expires Apr 28, 2010 JOA16 &mom a" W. 11 Writ No. 2007-5652 Civil GMAC Mortgage, LLC a/k/a GMAC Mortgage Corporation V& Jeffrey A. Grdjan Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Common- wealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hereinafter mentioned; tbowe in a Westerly dir? ek" flair sordurn line of Hummel Axaeae sovooteen and one-half (17 1/2) isat to a point on the line runni+ag W 11 dwe coo* r of the 1 11", be double two Md 000- story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the West; thence in a Northerly direction along said line through the center of said partition wall and beyond one hundred fifty (150) feet, more or less, to Apple Al- ley; thence in an Easterly direction along the Southern line of Apple Alley seventeen and one-half (17 1/2) feet more or less, to Lot No. 81, Section "D" one hundred fifty (150) feet to Hummel Avenue at the point and place of BEGINNING. BEING the Eastern portion of Lot No. 82, Section "D" on Plan of Lots known as Plan No. 1, Riverton, PA, said plan being recorded in the Cum- berlmd County Recorder of Deeds Office in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED the Eastern one-half of a two and one-half (2 1/2) story dwelling house being known as No. 619 Hummel Av- enue, Lemoyne, Pennsylvania. TAX PARCEL #: 12-22-0824- 145. PROPERTY ADDRESS: 619 HUMMEL AVENUE, LEMOYNE, PA 17043. Assignment of Bid NO. 07-5652 - GRDJAN 619 Hummel Avenue Lemoyne, PA 17043 I, Michael T. McKeever, Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 03, 2008 to: GMAC MORTGAGE, LLC A/K/A GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Date: September 9, 2008 GOLDBECK MCCAFFERTY &t MCKEEVER MICHAEL T. MCKEEVER