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HomeMy WebLinkAbout07-6122PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 163295 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. GREG A. MINNIER SANDRA L. MINNIER 26 LIMEKILN ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Dq- &I Qa O ivi l (e m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163295 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 163295 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 163295 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 163295 Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: GREG A. MINNIER SANDRA L. MINNIER 26 LEN4EKILN ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/07/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1977, Page: 714. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 163295 6. The following amounts are due on the mortgage: Principal Balance $178,860.68 Interest $8,363.81 05/01/2007 through 10/16/2007 (Per Diem $49.49) Attorney's Fees $1,250.00 Cumulative Late Charges $317.12 12/07/2006 to 10/16/2007 Cost of Suit and Title Search 550.00 Subtotal $189,341.61 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $189,341.61 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 163295 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $189,341.61, together with interest from 10/16/2007 at the rate of $49.49 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHM P F By: Is/Francis S. Hallin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 163295 LEGAL DESCRIPTION Deed #1 All that certain parcel of land and improvements therein situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 46-20-1781-021 and more fully described in a Deed dated August 28, 2006 and recorded August 29, 2006 in Cumberland County in Deed Book 276, Page 1854, granted and conveyed unto Greg A. Minnier and Sandra L Minnier, husband and wife. Deed #2 All that certain parcel of land and improvements therein situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 46-20-1781-021 and more fully described in a Deed dated October 29, 1999 and recorded November 15, 1999 in Cumberland County in Deed Book 211, Page 153, granted and conveyed unto Greg A. Minnier and Sandra L Minnier, husband and wife. UNDER AND SUBJECT to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. PREMISES BEING: 26 LIMEKILN ROAD PARCEL NO: 46-20-1781-021 File #: 163295 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 'r O O 0 C? e? ra y O Gf- ?.:. j r 'n co `?C (C(A PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY GREG A. MINNIER NO. 07-6122 CIVIL TEAM SANDRA L. MINNIER PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: k k Z.k L1 File #: 163295 Phelan Hallinan and Schmieg, LLP By:0? .. Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire a PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY GREG A. MINNIER NO. 07-6122 CIVIL TEAM SANDRA L. MINNIER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: GREG A. MINNIER SANDRA L. MINNIER 26 LIMEKILN ROAD CARLISLE, PA 17013 Dated: l d FRANCIS S. HA LINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff FILE: 163295 l PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. GREG A. MINNIER SANDRA L. MINNIER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 07-6122 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: December 10, 2007 PHELAN HALLINAN SC rG,, LLP By. F CIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Ijmr, Svc Dept. File# 163295 ? ?.?;; . _ --e-c c ....,., --? ? ?. ? v ?? v ? .- ? r ? ?' '. ;?', 7? ? (? ? - _ ?. .n+ ? ? b • _ ?y SHERIFF'S RETURN - REGULAR CASE NO: 2007-06122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MINNIER GREEG A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MINNIER GREG A the DEFENDANT , at 2100:00 HOURS, on the 22nd day of October , 2007 at 26 LIMEKLIN ROAD CARLISLE, PA 17013 GREG MINNIER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 R. Th mas Kline .00 lr?p?/?! ? 32.80 10/23/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06122 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MINNIER GREEG A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MINNIER SANDRA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 26 LIMEKLIN ROAD , MINNIER SANDRA L CARLISLE, PA 17013 PER GREG, DEFENDANT LIVES AT 312 W SNYDER ST SELINSGROVE, PA. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 l,lo?lb 7 21.00 So answers, ? R. Th as Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/23/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06122 P .,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MINNIER GREEG A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MINNIER SANDRA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of SNYDER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 28th , 2007 , this office was in receipt of the attached return from SNYDER Sheriff's Costs: So answers -> "T Docketing 18.00 Out of County 9.00"r Surcharge 10.00 R. Thomas Kline" Dep Snyder County 41.00 Sheriff of Cumberland County Postage .97 78.97 ? 314 g, 4?, 12/28/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania " GMAC Mortgage LLC vs. Greg A. Minnier et al SERVE: Sandra L. Minnier No. 07-6122 civil Now, December 12, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Snyder County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the the contents thereof. .SAVED DISK # 07-6122 MISC. DKT. BOOK # 33 PAGE # 521 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC NO: 07-6122 NOTICE AND REINSTATED COMPLAINT VS IN MORTGAGE FORECLOSURE GREG A. MINNIER SANDRA L. MINNIER AFFIDAVIT OF SERVICE AND NOW, December 20, 2007, I, Lewis F. Briggs, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Reinstated Complaint in Mortgage Foreclosure was served upon Sandra 1. Minnier, named defendant, on December 20, 2007, at 10:40 A .M., at 316 W. Snyder St., Selinsgrove, Snyder County, Pennsylvania, by personally handing to Sandra L. Minnier a true and correct copy of the above described Notice and Reinstated Complaint in Mortgage Foreclosure and that I made known to Sandra L. Minnier the contents of the same. SO ANSWERS { JOSEPH S. REIGLE, JR., SHERIFF r SNYDER COUNTY, PA. UTY LEWIS F. BRIGGS COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER SS: SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2007 DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $ 18.00 Mileage 18.00 Notary 5.00 Deposit: $75.00 Receipt# 6832 TOTAL: $ 41.00 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK # Refund: $34.00 Check # 5054 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN.CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. GREG A. MINNIER 26 LIMEKILN ROAD CARLISLE, PA 17013 SANDRA L. MINNIER 316 WEST SNYDER STREET SELINSGROVE, PA 17870 CIVIL DIVISION NO. 07-6122-CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GREG A. MINNIER and SANDRA L. MINNIER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $189,341.61 Interest from 10/17/07 to 01/31/08 $5,295.43 TCITAL $194,637.04 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. C?"9' • DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO OTHY 163295 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF R Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY GREG A. MINNIER SANDRA L. MINNIER :NO. 07-6122-CIVIL TERM Defendants TO: GREG A. MINNIER 26 LIMEKILN ROAD r° C17' CARLISLE, PA 17013 =§4 DATE OF NOTICE: JANUARY 10, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HkLLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 46 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY GREG A. MINNIER SANDRA L. MINNIER :NO. 07-6122-CIVIL TERM Defendants TO: SANDRA L. MINNIER 316 WEST SNYDER STREET SELINSGROVE, PA 17870 14- r ? . r DATE OF NOTICE: JANUARY 10, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S F-AANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 Plaintiff, V. GREG A. MINNIER SANDRA L. MINNIER • Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6122-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-eaptioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GREG A. MINNIER is over 18 years of age and resides at, 26 ` LIMEKILN ROAD, CARLISLE, PA 17013. (c) that defendant SANDRA L. MINNIER is over 18 years of age, and resides at, 316 WEST SNYDER STREET, SELINSGROVE, PA 17870. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1?v J- .4 ILI' DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff _ N pn Ti- l?'- W WG d G'?: ?' 'T)? o 0.0 . -< co -.. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. GREG A. MINNIER SANDRA L. MINNIER NO. 07-6122-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on FP,b. 200 . If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. By: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. GREG A. MINNIER SANDRA L. MINNIER No. 07-6122-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/01/08 TO 06/11/08 (per diem -$32.00) Add'1 Costs TOTAL $194,637.04 $4,224.00 and Costs $2,523.50 $201,384.54 DANIEL G. SCH EG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 163295 ?V r w0* oz •Wa arA zz ?a O Uz 00 •?z O xw F? ?u U zi R Ct O ? X W ? cn coo Lm 51.3 C D a a w F 0 h WW z? A z 0 V ? w? wo O? o W of w? w 9 a 'C w 42 N E ?I? .? d 047- 00 ,1 t OS JO 0 0 0 00 d A, W M ? H wa aw ?w V E.., Ow a? W? N M "mod d -o cd Ei Cd a 0 rn N M n I-L -um -•*a ( F F t?3 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff, V. GREG A. MINNIER SANDRA L. MINNIER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6122-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRI/ Attorney for Plaintiff C 7 rr "l A, r GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS GREG A. MINNIER CIVIL DIVISION SANDRA L. MINNIER NO. 07-6122-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,26 LIMEKILN ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name GREG A.'MINNIER SANDRA L. MINNIER Last Known Address (if address cannot be reasonably ascertained, please indicate) 26 LIMEKILN ROAD CARLISLE, PA 17013 316 WEST SNYDER STREET SELINSGROVE, PA 17870 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Wells Fargo Bank National Association Wells Fargo Bank National Association Last Known Address (if address cannot be reasonably ascertained, please indicate) 1100 Corporate Center Drive, Raleigh, NC 27607 C/O Robert Saltzman, Esq., 20000 Horizon Way, Suite 900, Mount Laurel, NJ 08054-4318 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) r None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 26 LIMEKILN ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. c , January 31, 2008 i? 'z 24 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C -uc-7 rr t r M rs? zI t - - IC) , . M ' i C71 GMAC MORTGAGE, LLC Plaintiff, V. GREG A. MINNIER SANDRA L. MINNIER Defendant(s). TO: GREG A. MINNIER 26 LIMEKILN ROAD CARLISLE, PA 17013 January 31, 2008 CUMBERLAND COUNTY No. 07-6122-CIVIL TERM SANDRA L. MINNIER 316 WEST SNYDER STREET SELINSGROVE, PA 17870 * *f'HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 26 LIMEKILN ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $194,637.04 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE Toprevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground located in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set at the dividing line of Lot Addition 14-B herein conveyed and Lot Addition 14-C as shown on the hereinafter mentioned Subdivision Plan; thence along Lot Addition 14-C North 15 degrees 28 minutes 40 seconds West a distance of 50.00 feet to an existing iron pin at the property line of lands of Greg A. Minnier of whose land the lot addition herein conveyed will become an integral part; thence along lands of Greg A. MinnierNorth 74 degrees 30 minutes 50 seconds East, a distance of 150.02 feet to an existing iron pin at the dividing line of Lot 14-A; thence along Lot 14-A South 00 degrees 47 minutes 10 seconds East,a distance of 51.69 feet to an existing iron pin at the property line of lands now or formerly of George J. Vaughn; thence along lands of George J. Vaughn South 74 degrees 30 minutes 50 seconds West a distance of 136.91 feet to an iron pin set at the dividing line of Lot Additions 14-B and 14-C, the Place of BEGINNING. CONTAINING an area of 0.1647 acres and being Lot Addition 14-B as shown on the Final Land Subdivision Plan for David W. and Ellen C. Winslow dated January 27, 2006 and recorded in Plan Book 92, Page 51 on April 13, 2006. Lot Addition 14-B herein conveyed is subject to a drainage easement along and near the western line of Lot as shown on Plan. Lot Addition 14-B is to be conveyed as a lot addition to the adjoining property of Greg A. Minnier as shown, and hereafter to be an integral part of said property and thereafter cannot be sold separately. BEING part of the same premises which Herbert J. Moffitt and Thelma L. Moffitt by deed dated April 16, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 256,, Page 3055, granted and conveyed unto David W. Winslow and Ellen C. Winslow, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 46-20-1781-021, CONTROL #: 46002164 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Greg A. Minnier and Sandra L. Minnier, husband and wife, by Deed from David W. Winslow and Ellen C. Winslow, husband and wife, dated 08/28/2006, recorded 08/29/2006, in Deed Book 276, page 1854. PARCEL IDENTIFICATION NO: 46-20-1781-021 PROPERTY ADDRESS: 26 LIMEKILN ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6122 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From GREG A. MINNIER & SANDRA L. MINNIER (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 $194,637.04 L.L.$ 0.50 Interest from 2/01/08 to 6/11/08 (per diem - $32.00) -- $4,224.00 and Costs Atty's Comm % Atty Paid $261.77 Plaintiff Paid Date: 2/04/08 'Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,523.50 Pr thonota By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 GMAC Mortgage LLC VS Greg A. Minnier and Sandra L. Minnier In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6122 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Levy Posting Handbills Out of County Snyder County Share of Bills Surcharge 30.00 3.46 15.00 .50 2.00 11.76 15.00 15.00 9.00 30.00 14.73 30.00 $ 176.45 ? 4J?vJ(?Y.. So Answers: R. Thomas Kline, Sheriff BY J6 Real Estate rgeant Ck. Lyd F1 jeV, dio 0 3y 4k GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS GREG A. MINNIER CIVIL DIVISION SANDRA L. MINNIER NO. 07-6122-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,26 LIMEKILN ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name GREG A.'MINNIER SANDRA L. MINNIER Last Known Address (if address cannot be reasonably ascertained, please indicate) 26 LIMEKILN ROAD CARLISLE, PA 17013 316 WEST SNYDER STREET SELINSGROVE, PA 17870 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Wells Fargo Bank National Association Wells Fargo Bank National Association Last Known Address (if address cannot be reasonably ascertained, please indicate) 1100 Corporate Center Drive, Raleigh, NC 27607 C/O Robert Saltzman, Esq., 20000 Horizon Way, Suite 900, Mount Laurel, NJ 08054-4318 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax 26 LIMEKILN ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Inheritance Tax Division Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 31, 2008 1?j '41 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, V. GREG A. MINNIER SANDRA L. MINNIER Defendant(s). CUMBERLAND COUNTY No. 07-6122-CIVIL TERM January 31, 2008 TO: GREG A. MINNIER 26 LIMEKILN ROAD CARLISLE, PA 17013 SANDRA L. MINNIER 316 WEST SNYDER STREET SELINSGROVE, PA 17870 * *71HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 26 LIMEKILN ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $194,637.04 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To *prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground located in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set at the dividing line of Lot Addition 14-B herein conveyed and Lot Addition 14-C as shown on the hereinafter mentioned Subdivision Plan; thence along Lot Addition 14-C North 15 degrees 28 minutes 40 seconds West a distance of 50.00 feet to an existing iron pin at the property line of lands of Greg A. Minnier of whose land the lot addition herein conveyed will become an integral part; thence along lands of Greg A. Minnier1Vorth 74 degrees 30 minutes 50 seconds East, a distance of 150.02 feet to an existing iron pin at the dividing line of Lot 14-A; thence along Lot 14-A South 00 degrees 47 minutes 10 seconds East,a distance of 51.69 feet to an existing iron pin at the property line of lands now or formerly of George J. Vaughn; thence along lands of George J. Vaughn South 74 degrees 30 minutes 50 seconds West a distance of 136.91 feet to an iron pin set at the dividing line of Lot Additions 14-B and 14-C, the Place of BEGINNING. CONTAINING an area of 0.1647 acres and being Lot Addition 14-B as shown on the Final Land Subdivision Plan for David W. and Ellen C. Winslow dated January 27, 2006 and recorded in Plan Book 92, Page 51 on April 13, 2006. Lot Addition 14-B herein conveyed is subject to a drainage easement along and near the western line of Lot as shown on Plan. Lot Addition 14-B is to be conveyed as a lot addition to the adjoining property of Greg A. Minnier as shown, and hereafter to be an integral part of said property and thereafter cannot be sold separately. BEING part of the same premises which Herbert J. Moffitt and Thelma L. Moffitt by deed dated April 16, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 256,, Page 3055, granted and conveyed unto David W. Winslow and Ellen C. Winslow, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 46-20-1781-021, CONTROL #: 46002164 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Greg A. Minnier and Sandra L. Minnier, husband and wife, by Deed from David W. Winslow and Ellen C. Winslow, husband and wife, dated 08/28/2006, recorded 08/29/2006, in Deed Book 276, page 1854. PARCEL IDENTIFICATION NO: 46-20-1781-021 PROPERTY ADDRESS: 26 LIMEKILN ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6122 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From GREG A. MINNIER & SANDRA L. MINNIER (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 $194,637.04 L.L.$ 0.50 Interest from 2/01/08 to 6/11/08 (per diem - $32.00) -- $4,224.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $261.77 Plaintiff Paid Date: 2/04/08 (Seal) Other Costs $2,523.50 Pr honotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale # 04 On February 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 26 Limekiln Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2008 By:( Ja Real Estat Sergeant d c - 93A 8041 3313 O da ?iNn? ty. 30 3 ?312i3NS ?Hl. C:y?"" ? tom!) ?r