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HomeMy WebLinkAbout07-7437 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166393 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q1- 7437 Civil Ferm CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 File #: 166393 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 #: 166393 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 #: 166393 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 #: 166393 1. 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: EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/25/2004 mortgagor(s) EDWARD R. KNISLEY and DAWN N. KNISLEY made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1859, Page: 1516. 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 #: 166393 6 The following amounts are due on the mortgage: Principal Balance $69,616.95 Interest $1,816.64 05/01/2007 through 12/10/2007 (Per Diem $8.11) Attorney's Fees $1,250.00 Cumulative Late Charges $77.42 03/25/2004 to 12/10/2007 Cost of Suit and Title Search 550.00 Subtotal $73,311.01 Escrow Credit $0.00 Deficit $224.71 Subtotal $224.71 TOTAL $73,535.72 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 #: 166393 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Plaintiff hereby releases DAWN N. KNISLEY from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,535.72, together with interest from 12/10/2007 at the rate of $8.11 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 HALLR4AV & SCHMIEG, LLP By, i 'r RE F NCIS S. HALLIN Nt DANI EL G. SCHMIEG MICHELE M. BRADF IRI SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166393 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered Surveyor, dated January 5, 1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast corner of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Plan of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. BEING KNOWN and numbered as 21 Shady Lane. Tax ID: 09-13-1002-163 File #: 166393 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unworn falsifications to authorities. DATE: ?' I Gle: 0 61, IN r 09 U1 d b 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07437 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS KNISLEY EDWARD R SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KNISLEY EDWARD R DEFENDANT the at 1933:00 HOURS, on the 14th day of December-, 2007 at 21 EAST SHADY LANE ENOLA, PA 17025 EDWARD KNISLEY was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 1/G p?d b ... ? 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/18/2007 PHELAN HALLINAN SCHMIEG By: , z/`_ j L_? / Deputy She A.D. s •'t PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff GMAC MORTGAGE, LLC COURT OF CIVIL DIVI V. EDWARD R. KNISLEY ON PLEAS COUNTY CIVIL TERM NO. 07-7437 ECIPE TO SUBSTITUTE VERIFICE TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: i Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: Q File #: 166393 LOAN #0600974728 Phelan Hallinan and Schmieg, LLP 1, ? q By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire i -- a VERIFICATION J e, hereby state of GMAC MORTGAGE, LLC, servicing agent for Plaintiff in tl authorized to take this Verification, and that the statements made in the foregoing Mortgage Foreclosure are true and correct to the best of his/her knowledge, inforr undersigned understands that this statement is made subject to the penalties of 18 relating to unsworn falsification to authorities. - DATE: Loan:0600974728 that he/she is matter, that he/she is vil Action in ion and belief. The . C.S. Sec. 4904 Narfte: TeffreY St Ph(%an ted Sign- g Ca rtle: I CompanY : GMAC MORTCAGE, LLC File #: 166393 r PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 L-. Iy ?VJ-/ VVV GMAC MORTGAGE, LLC V. EDWARD R. KNISLEY PLEAS COURT OF COM CIVIL DIVISION CUMBERLAND C NO. 07-7437 CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Prae ipe to Verification was sent via first class mail to the following on the date listed below: EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 ,- Dated: I Attorney For Plaintiff FRANCIS S. HALLINAN, ESQUII LAWRENCE T. PHELAN, ESQUI DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff Substitute ?'? .-^? ..rt "T _t-i ?j ,. r, -?-e _? _,.? ;?? -- c: -_ ??: 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 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7437 CIVIL TERM EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 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 EDWARD R. KNISLEY and , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/11/07 to 2/19/08 TOTAL $73,535.72 $575.81 $74,111.53 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. 1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 `.3 De PRO ROTHY 166393 C,0 w ' 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. EDWARD R. KNISLEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7437 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant EDWARD R. KNISLEY is over 18 years of age and resides at, 21 EAST SHADY LANE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. EDWARD R. KNISLEY Defendant(s). NO. 07-7437 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: 1?x ?'_Bcq? / If you have any questions concerning this matter, please contact: IJ 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." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff Vs. EDWARD R. KNISLEY Defendant TO: EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 DATE OF NOTICE: JANUARY 23, 2008 K f ?. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 s? F NCIS S. HA LWAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7437-CIVIL TERM LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered Surveyor, dated January 5, 1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast corner of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Plan of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Edward R. Knisley, by Deed from Larry D. Price and Nichole N. Price, h/w, dated 08130/2000, recorded 08/31/2000, in Deed Book 228, page 330. BEING PREMISES: 21 EAST SHADY LANE, ENOLA, PA 17025 BEING PARCEL NO. 09-13-1002-163 d Alt C: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GJAC MORTGAGE, LLC Plaintiff, V. No. 07-7437 CIVIL TERM EDWARD R. KNISLEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/20/08 TO 6/11/08 (per diem -$12.18) Add'I Costs TOTAL $74,111.53 $1,376.34 and Costs $1,956.50 $77,444.37 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 166393 41) N O n O Z a" ?? p a z G U W cW a w ?? U z 00 U 0 ? d H ?: aw .? o A o ¢? G rs, a a? a? M O? M 4 LEGAL DESCRIPTIOIN E ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered Surveyor, dated January 5, 1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast corner of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Plan of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Edward R. Knisley, by Deed from Larry D. Price and Nichole N. Price, h/w, dated 08/30/2000, recorded 08/31/2000, in Deed Book 228, page 330. BEING PREMISES: 21 EAST SHADY LANE, ENOLA, PA 17025 BEING PARCEL NO. 09-13-1002-163 I lv^l K ?V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage, LLC Plaintiff (s) From Edward R. Knisley (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 $74,111.53 L.L.$.50 Interest from 2/20/08 to 6/11/08 (per diem -$12.18 $1376.34 and costs Atty's Comm % Atty Paid $161.40 Due Prothy $2.00 Other Costs $1,956.50 Plaintiff Paid Date: March 3, 2008 (Seal) 6?7"Uz Curtis . Long, Pro By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 62205 GMAC MORTGAGE, LLC s Plaintiff, V. EDWARD R. KNISLEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7437 CIVIL TERM 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 ,21 EAST SHADY LANE, ENOLA, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) -EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 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 PERFORMANCE CAPITAL MANAGEMENT, LLC PERFORMANCE CAPITAL MANAGEMENT, LLC C/O DAVID J. APOTHAKER, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 938 PENN AVE PITTSBURGH, PA 15222-3700 15 PENARTH RD BALA CYNWYD, PA 19004 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) ASSOCIATES CONSUMER DISCOUNT CO. 5080 C JONESTOWN ROAD HARRISBURG, PA 17112-4906 5. Name and address of every other person who has any record lien on the property: r Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 21 EAST SHADY LANE ENOLA, PA 17025 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. , i February 19, 2008 _ '?J` DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff - r ' < = ? ; _ '?.. „T_ ? ? ??? g . ,. t.n: ..; ? "?.l? C_? }° ...{, .J. C.•. 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 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION EDWARD R. KNISLEY NO. 07-7437 CIVIL TERM Defendant(s). 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, ESQUIRE Attorney for Plaintiff r_:; a -?. .--! -r,-:, ?? t _,,,. ,W ,, ? - [.,^3 . ;+ f GMAC MORTGAGE, LLC Plaintiff, V. EDWARD R. KNISLEY Defendant(s). CUMBERLAND COUNTY No. 07-7437 CIVIL TERM February 19, 2008 TO: EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 "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 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, 21 EAST SHADY LANE, ENOLA, PA 17025, 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 $74,111.53 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: 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. f 6 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered Surveyor, dated January 5, 1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast corner of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Plan of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Edward R. Knisley, by Deed from Larry D. Price and Nichole N. Price, h/w, dated 08130/2000, recorded 08/31/2000, in Deed Book 228, page 330. BEING PREMISES: 21 EAST SHADY LANE, ENOLA, PA 17025 BEING PARCEL NO. 09-13-1002-163 c-'a WW1 ?' ?? C?4J ,? ? , + _ ^..;7 ?? .. . ?. . ---- ?'f'1 -i ' _ r C? Ls_, ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD R. KNISLEY No. 07-7437 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 11, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,1 2. Judgment was entered on March 3, 2008 in the amount of $74,111.53. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 4, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 6 nichele 1g, LLP By: Attor ney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. CUMBERLAND County EDWARD R. KNISLEY No. 07-7437 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE EDWARD R. KNISLEY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 21 EAST SHADY LANE, ENOLA, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: D U By: Tichele Attorney for Plaintiff a ieg, LLP M . Bra fo d, quire Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M, BRADFORD, ESQ.; Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166393 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 Defendants c> ?. ra a {} f ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D7 - lq,2>7 Civl! Trh CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE certiq we «? £ 4o be a true and C"Pav¢ C©py of the riginal filed of record °;-N .. r. r ?'s? File #: 166393 N011CE 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 N: 166393 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File N: 166393 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 #: 166393 I. 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: EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/25/2004 mortgagor(s) EDWARD R. KNISLEY and DAWN N. KNISLEY made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1859, Page: 1516. 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(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 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 N: 166393 6. The following amounts are due on the mortgage: Principal Balance $69,616.95 Interest $1,816.64 05/01/2007 through 12110/2007 (Per Diem $8.11) Attorney's Fees $1,250.00 Cumulative Late Charges $77.42 03/25/2004 to 12/10/2007 Cost of Suit and Title Search 50.00 Subtotal $73,311.01 Escrow Credit $0.00 Deficit $224.71 Subtotal $224.71 TOTAL $73,535.72 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 H; 166393 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Plaintiff hereby releases DAWN N. KNISLEY from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,535.72, together with interest from 12/10/2007 at the rate of $8.11 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 HALLIVAN & SCHMIEG, LLP By: FRANCIS S. HALLIN , ES UIRE DANIEL G. SCHMIEG ESQUI MICHELE M. BRADF UIRIr SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166393 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered Surveyor, dated January 5, 1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast corner of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Plan of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. BEING KNOWN and numbered as 21 Shady Lane. Tax ID: 09-13-1002-163 File #: 166393 VF;W ICATION I hereby state that I am the 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 I am 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 my 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 unworn falsifications to authorities. ttomcy or Plainti DATE: 1 %4 O- VERIFICATION I hereby state that I am the 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 I am authorized to make this verification pursuant to Pa.RC.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 my 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 IS Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. ' a ttomcy or Plainti DATE: %a a 7 Exhibit "B" PH-ELAN 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 CIVIL DIVISION Plaintiff, V. NO.?C?l432 0?? O , MIC. EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 Defendant(s). =_ - , to == PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T& • • ANSWER AND ASSESSMENT OF DAMAGES = `r-" ,? TO THE PROTHONOTARY: wft Kindly enter an in rem j%dj . laintiff and against EDWARD R. KNISLEY and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/11/07 to 2/19/08 TOTAL $73,535.72 $575.81 $74,111.53 •",?r?'..t- 'MKS ? - I hereby certify t; . # b s""s0& the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUI '? Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: 3 ' 3 -f? PR6PRQTW 166393 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 F-AX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 4, 2008 EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 RE: GMAC MORTGAGE, LLC vs. EDWARD R. KNISLEY Premises Address: 21 EAST SHADY LANE ENOLA, PA 17025 CUMBERLAND County CCP, No. 07-7437 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 9, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 017,,1M ly o s he a fosquire r Phelan Hallinan & Schmieg, , LLP Enclosure Va lla E0 G6 l 3003 dIZ WONJ O311VW goon tiO adV O MO ZPOOO 09030 $ M zo '+3AP.08 AgN1M AiWle c °, I o ? 5 aOd Sid} °o v a W o x? U ? 00 zoo Fn V p ? ia.40a b ? a r •p u z Q N O Q A4 z VI W ? W ?z b? a w ? O Q ?. x o? A4 b fTi N i. C/1 W a W w 0 z w i z V ? a I N M 'T N T d ?U? d N '? ? yy d 5 ? ? o C ? O U E m w .t ??oo 9 ? o. E^ ? a n 01 ? W .E w 0 v ??o m r ? d v ? y o 00- E,E W 0 0 ?OO?w w C v, .G o ° o y a ? C r0 c O? O E"'.? yl ? ? ?ooo NHPG C 0 a u ?a a°w sO ?o ?a 7 'd x; F [? N Oy T za ?a VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: P h Mr By: Mi el M. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs. EDWARD R. KNISLEY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7437 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 DATE: 11 Phelan Hallinan & Schmieg, LLP By: Tich le . Bradford, Esq ire Attorney for Plaintiff C? ?; ? _-.; r . ? . ? . ' 7 _ ? i 'F ,, ? ?+? ? .? ?,., j 1 APR 15 2008,VV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff vs. EDWARD R. KNISLEY Court of Common Pleas Civil Division CUMBERLAND County No. 07-7437 CIVIL TERM Defendant RULE AND NOW, this 7 day of 044, J- 2008, a Rule is entered upon the Defendant V-- to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the a day of 2008, at in t044xin 1 je of the Cumberland County Courthouse, Hg, Pennsylvania. BY J. ? EDWARD R. KNISLEY " Michele M. Bradford, Esquire 21 EAST SHADY LANE Phelan Hallinan & Schmieg, LLP ENOLA, PA 17025 1617 JFK Boulevard, Suite 1400 TEL: (717) 728-3944 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 , f / ' ' i CO michele.bradford(&fedphe.com $ / ? ,4( `,_ 1a+? t (? P t 166393 CL - Cc= LV r AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) EDWARD R. KNISLEY SERVE EDWARD R. KNISLEY AT: 21 EAST SHADY LANE ENOLA, PA 17025 CUMBERLAND COUNTY No. 07-7437 CIVIL TERM ACCT. #166393 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to E W??'? ?N p 5("/ , Defendant, on the day of 200 at _? o'clock ?.m., at 2; 9tasi S E } No L "J Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height n__) Weight 14C Race W Sex `'? 1 Other 1> > (?L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true an correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 1? y of UN , 200 Not By: V ??'a?!? PL ASE ATT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. NANO NOTARY PUBLIC NOT SERVED On ATATE OF 1 JERSEY My CO?I351001 200_, at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Zjc) ?? .. ? r?.? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County EDWARD R. KNISLEY No. 07-7437 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 8, 2008 was sent to the following individual on the date indicated below. EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 DATE: q Ila ieg, LLP h Me By: c quire Attorney for Plaintiff n ? ? "„ -;?:. ; ?? ?. ?-,rt ?. ..?. ---s ---,- ;. ??j ("? 1„ ?"' GMAC MORTGAGE, LLC, VS. EDWARD R. KNISLEY, Dear Sir: Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-7437 Civil Term I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on may 8, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, P sylvania. Date: May 1, 2008 Dale F. S g t, )Jr. Supreme Cou I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc Michele M. Bradford, Esquire Edward R. Knisley ?? C°"."} ?.. J ^ ? r.,r (^ ?. ?'2 t ?= ,4 t "`1 _" _- -- -- C.-s? .. , , M:J ? ? -? C..s' c t { P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff vs. EDWARD R. KNISLEY Civil Division CUMBERLAND County No. 07-7437 CIVIL TERM Defendant ORDER AND NOW, this day of? '2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $69,616.95 Interest Through June 11, 2008 $3,943.52 Per Diem $8.11 Late Charges $202.50 Legal fees $1,735.00 Cost of Suit and Title $1,219.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $138.07 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $270.12 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 a a Suspense/Misc. Credits Escrow Deficit TOTAL ($0.00) $551.71 $77,676.87 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is includ the above figure. THE v J. V Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?michele.bradfordn?fedphe.com ? EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 TEL: (717)728-3944 COf (;Es M W ?L sf81o? 166393 ct+ c? 3 10' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION EDWARD R. KNISLEY Defendant(s) NO. 07-7437 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 21 EAST SHADY LANF RNOLA, PAS. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: May 5, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsenee of a representative of the plaintiff at the Sh xiff a Sal The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 166393 t . 3: a O a: S ^ O ? a IAI Q zed A 9 . cj?n 6o t6 4 aaot)a Z WOlu a3 vr' Booz 5Z63d OoWtpooo Mal. 0,4120 s n m a d I.? a 42 g Ao cn M ?N w a O y V a? S Cq o 44 O y QZO aP0 O's U?2 U N Vow w V? N C ~ >a S u N . °' o V c WSW a0 `i' Aqq 3 ?M ?a oU a3VaU?w?ri ?p°gO?OA??jU Aa Sao ,< N tM I-' I- I%0 1t- loo log b As - a H 8 • 16 j OAK a U r?4 O •-? N M of h 85 G Ln 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 SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 6TH day of AUG A.D., 2008, under and by virtue of a writ Execution issued on the 3RF day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7437, at the suit of GMAC MTG LLC against KNISLEY EDWARD R is duly recorded as Instrument Number 200829087. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a? / y4 day of A.D. c.7i 0? r-, .. /) of Deeds PAWWW Dasdk Cum WWW cW4, COW PA MY 01**n E*ft fm FM W-48 Y of Jae. 2010 GMAC Mortgage, LLC vs Edward R. Knisley In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7437 Civil Term Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1225 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: Edward R. Knisley by making known unto Dawn Knisley, spouse of Edward at 21 E. Shady Lane, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1225 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 Edward R. Knisley located at 21 E. Shady Lane, Enola, 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: Edward R. Knisley by regular mail to his last known address of 21 E. Shady Lane, Enola, PA 17025. This letter was mailed under the date of April 17, 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 August 6, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of the United States of America, of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $996.13. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed $30.00 19.14 15.00 15.00 48.00 10.00 .50 2.00 28.80 15.00 30.00 20.00 355.00 328.46 14.73 25.00 39.50 $ 996.13 ? alb y ?04 VYP P--? tk? 4j-3S .2 rv?,5 r ` GMAC MORTGAGE, LLC V. Plaintiff, EDWARD R. KNISLEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7437 CIVIL TERM 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 ,21 EAST SHADY LANE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 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 PERFORMANCE CAPITAL MANAGEMENT, LLC PERFORMANCE CAPITAL MANAGEMENT, LLC C/O DAVID J. APOTHAKER, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 938 PENN AVE PITTSBURGH, PA 15222-3700 15 PENARTH RD BALA CYNWYD, PA 19004 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) ASSOCIATES CONSUMER DISCOUNT CO. 5080 C JONESTOWN ROAD HARRISBURG, PA 171124906 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 21 EAST SHADY LANE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r February 19, 2008 DATE DANIEL G. SCHMIEG, ESQUI1tE? Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, V. EDWARD R. KNISLEY Defendant(s). CUMBERLAND COUNTY No. 07-7437 CIVIL TERM February 19, 2008 TO: EDWARD R. KNISLEY 21 EAST SHADY LANE ENOLA, PA 17025 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE • AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 21 EAST SHADY LANE, ENOLA, PA 17025, 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 $74,111.53 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered Surveyor, dated January 5,1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast corner of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Plan of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Edward R. Knisley, by Deed from Larry D. Price and Nichole N. Price, h/w, dated 08/30/2000, recorded 08/31/2000, in Deed Book 228, page 330. BEING PREMISES: 21 EAST SHADY LANE, ENOLA, PA 17025 BEING PARCEL NO. 09-13-1002-163 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage, LLC Plaintiff (s) From Edward R. Knisley (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 $74,111.53 L.L.$.50 Interest from 2120/08 to 6/11/08 (per diem -$12.18 $1376.34 and costs Atty's Comm % Atty Paid $161.40 Plaintiff Paid Due Prothy $2.00 Other Costs $1,956.50 Date: March 3, 2008 (Seal) REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Curtis R. , ong, Protho ry By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 83 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 21 East Shady Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference 3i incorporated herein. Date: March 13, 2008 By: ? J, S"a Real Estate Sergeant Z fi :8 V 9- 8VW 8001 Vd IAlNF1u ; M AA183HS 3H ?O 231.- 111--10 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commfsslon Expires Apr 28, 2010 Writ No. 2007-7437 Civil GMAC Mortgage, LLC VS. Edward R. Knisley Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in East Pennsboro Township, Cumberland County, and Common- wealth of Pennsylvania, bounded and described according to the survey of D.P. Raffensberger, Registered 'Surveyor, dated January 5, 1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast comer of Shady Lane and Beaver Road, also being the dividing line between Lots Nos. 16 and 17 on hereinafter mentioned Phwa(Lats; thence North 21 degrees 30 a1it111W WW sisua g same 150 feet to a 1WAt an tlse @vUdWM Mae of a 15 8st wide aW dwnce 68 I(OW e 30 minutes saes aiao& Arlene 50 Meet to a point at the ON - it line between Lacs Me. IS and 16 an said plan; thence South 21 degrees 30 minutes East along the same 150 feet to a point on the northern line of Shady Lane; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Edward R. Knisley, by Deed from Larry D. Price and Nichole N. Price, h/w, dated 08/30/2000, recorded 08/31/2000, in Deed Book 228, page 330. BEING PREMISES: 21 EAST SHADY LANE, ENOLA, PA 17025. BEING PARCEL NO. 09-13-1002- 163. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday. Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown !below: 04/23/08 04/30/08 I 05/07/08 ....... (.. . ......... Sworn to akd sAscribed before me this 27 day of May, 2008 A.D. Notary Pu 'lnta?iai Sea C,hyne ?. `.heplard, Notary Public City Of Ha isb ,'c, Dauphin County My Cp(Ytn iSSiGr :xp res "dray 29, 2010 Member, Pennsy!vanla As_oc,atlcn of Notaries Real EOft Stile OW Writ No. 2W-7437 OvIl Term OMAC Mme, LLC VS Edward R. Knisley Attorney: Daniel Sdneieg DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate with the building and improvements thereon erected situate in Past Pennsboro Township, Cumberland County, and Commonwealth of Pennsylvania, bounded, and described according to the survey of D.P. RaffensberM Registered Surveyor, dated January 5,1959, as follows: BEGINNING at a point on the northern line of Shady Lane 50 feet East of the northeast caner of Shady Lace and Beaver Road, also being the dividing line between lots Nos. 16 and 17 on hereinafter mentioned Plan - of Lots; thence North 21 degrees 30 minutes West along same 150 feet to a point on the southern line of a 15 foot wide alley; thence North 68 degrees 30 minutes East along same 50 feet to a point at the dividing line between Lots Nos. 15 and 16 on said plan; dew South 21 degrees 30 minutes Past along the same 150 feet to a point on the notthem line of Shady Law; thence westwardly along the same 50 feet to a point, the place of BEGINNING. BEING Lot No. 16 on Plan of Shady Lane Plot, said Plan recorded in Plan Book 1, page 92, Cumberland County Records. ME TO SAID PREMLSES IS VESTED IN Edward R. Y•nisley, by Deed from Larry D. Price and Nichole N. Price, bhv, dated 08/30/ 2000, record 088ULM, in Deed Book 228, page 330. BEING PF.MES: 21 EAST SHADY LANE, ENOLA, PA 17025 BEING PARCEL NO. 09-13-1002-1163