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HomeMy WebLinkAbout07-7438PHELAN 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 166460 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C)'j- ']y38 bvit-F rm ERLAND COUNTY CUMB CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 166460 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 f1: 166460 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 #: 166460 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 #: 166460 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: JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/20/2004 mortgagor(s) 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: 1890, Page: 861. 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 #: 166460 6. The following amounts are due on the mortgage: Principal Balance $155,423.75 Interest $4,253.52 05/01/2007 through 12/08/2007 (Per Diem $19.16) Attorney's Fees $1,250.00 Cumulative Late Charges $164.10 11/20/2004 to 12/08/2007 Cost of Suit and Title Search 550.00 Subtotal $161,641.37 Escrow Credit ($378.68) Deficit $0.00 Subtotal 378.68 TOTAL $161,262.69 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 !l: 166460 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 $161,262.69, together with interest from 12/08/2007 at the rate of $19.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: FRAN I S. HALLINAN ESQUIRE DANIE G. SCHMIEG, SQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166460 LEGAL DESCRIPTION All those certain parcels of land situate in North Middleton Township, County of Cumberland, State of Pennsylvania, bounded and described in accordance with Subdivision Plan prepared for Chester W. Schlusser by Boyer-Price Surveys, Inc., a copy of said Plan being recorded in Plan Book 25, Page 71, and being known and designated as follows: Tract 1: Beginning at an iron pin at the intersection of the Northern line of 33 feet wide Wagner Drive with the Eastern line of 50 feet wide Fry Drive; thence along the Eastern line of said 50 feet wide Fry Drive, North 05 degrees 30 minutes East a distance of 97 feet to an iron pin; thence along line of land retained by Chester W. Schlusser and wife, South 84 degrees 30 minutes East a distance of 150 feet to an iron pin in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 05 degrees 30 minutes West a distance of 85 feet to an iron pin on the Northern line of 33 feet wide Wagner Drive; thence along the Northern line of said 33 feet wide Wagner Drive, North 89 degrees 04 minutes 26 seconds West a distance of 150.48 feet to an iron pin at the place of beginning. Containing 13,650 square feet and having thereon a dwelling house known and numbered as 95 Wagner Street. Being a portion of Lot No. 66 and all of Lots Nos. 67 and 68, as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village recorded in Plan Book 7, Page 39. File #: 166460 Tract 2: Beginning at a one inch iron pipe, which iron pipe at the place of beginning is North 5 degrees 30 minutes East, a distance of 97 feet from an iron pipe at the intersection of the Northern line of 33 feet wide Wagner Street with the Eastern line of 50 feet wide Fry Loop Avenue, said point being the Northwest corner of land now of Paul B. Younkin and wife; thence South 89 degrees 4 minutes 26 seconds East, a distance of 150.48 feet to a one inch pipe in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 5 degrees 30 minutes West a distance of12 feet to a one inch iron pipe, being the Northeast corner of land now or formerly of Paul B. Younkin and wife; thence along the Northern line of said Paul B. Younkin North 84 degrees 30 minutes West a distance of 150 feet to the point of beginning. Containing 900 square feet, more or less, and being a portion of Lot No. 66 as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village as recorded in Plan Book &, Page 39. 95 WAGNER STREET, CARLISLE, PA 17013 PARCEL NUMBER- 29-16-1094-240A File #: 166460 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 unsworn falsifications to authorities. . qIAM A 1 A Attey or Plaintiff DATE: 0 (Vl V 71 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07438 P COMMONTWEALTH OF PENNSYLVANIA CbUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS CLARK JOSEPH E 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 CLARK THERESA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 95 WAGNER STREET CARLISLE, PA 17013 CLARK THERESA M NOT FOUND , as to DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 c ??0 t C?,. 21.00 31 So answer ' R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/28/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07438 P COMMONTWEALTH OF PENNSYLVANIA CCUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS CLARK JOSEPH E 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 CLARK JOSEPH E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 107 SOUTH CHESTNUT STREET CLARK JOSEPH E MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service 9.60 Not Found 5.00 Surcharge 10.00 .00 valor 30.60 So answers-;-- R. ThNi- Kline Sheriff of C,mberland County PHELAN HALLINAN SCHMIEG 12/28/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07438 P CbMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS CLARK JOSEPH E ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon - T-TT T/NC'"nTT 7-1 the DEFENDANT , at 1010:00 HOURS, on the 12th day of December , 2007 at 95 WAGNER STREET CARLISLE, PA 17013 JOSEPH CLARK 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 4.80 Affidavit .00 Surcharge 10.00 i?DP/off .00 32.80 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/28/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07438 P C'bMMOINEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS CLARK JOSEPH E ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CLARK THERESA M was served upon the DEFENDANT , at 1703:00 HOURS, on the 27th day of December , 2007 at 107C SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 JUSTIN SHERIFF, BOYFRIEND by handing to ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 rl0fha C/), 16.00 Sworn and Subscibed to before me this day So Answers: 9 R. Thomas Kline 12/28/2007 PHELAN HALLIN SCH G r By: Depu y Sheriff of , A. D. 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 V. JOSEPH E. CLARK THERESA M. CLARK COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7438 CIVIL TERM 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. Phelan Hallinan and Schhmieg, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Dated: b-? /8Z(jg File #: 166460 Y" VERIFICATION ?.? (3-- v-) hereby states that he/she is c ?cx . IQ rl 1 n Q4 ce -,Ybf GMAC MORTGAGE, LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to DATE: / Jeffrey Stephan Limited Signing Officer Company: GMAC MORTGAGE, LLC Loan:0307683630 File #: 166460 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 JOSEPH E. CLARK THERESA M. CLARK NO. 07-7438 CIVIL TERM 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: JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Dated: Attorney for Plaintiff o? g ` ? r ? ? ? =n L":-'J Y 7 r' a TS ni r"" , ; r.? ?, ? c1. -„ „, --- ,, ?,,? .:; ? ? ? ?? PHELAN HALLINAN & SCHMIEG, L.L.P. j 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. JOSEPH E. CLARK 95 WAGNER STREET CARLISLE, PA 17013 THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 CIVIL DIVISION NO. 07-7438 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 JOSEPH E. CLARK and THERESA M. CLARK, 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 12/9/07 to 2/19/08 TOTAL $161,262.69 $1,398.68 $162,661.37 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. l L G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: alk PROP OTHY 166460 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 CIVIL DIVISION Vs. CUMBERLAND COUNTY JOSEPH E. CLARK THERESA M. CLARK : NO. 07-7438-CIVIL TERM Defendants TO: JOSEPH E. CLARK F ? u r m - it" 95 WAGNER STREET L CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 23.2008 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 kk- - FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JOSEPH E. CLARK THERESA M. CLARK : NO. 07-7438-CIVIL TERM Defendants TO: THERESA M. CLARK 107 SOUTH CHESTNUT STREET " MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 23.2008 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 FRA CIS S. HALL AN, 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. JOSEPH E. CLARK THERESA M. CLARK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7438 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 JOSEPH E. CLARK is over 18 years of age and resides at, 95 WAGNER STREET, CARLISLE, PA 17013. (c) that defendant THERESA M. CLARK is over 18 years of age, and resides at, 107 SOUTH CHESTNUT STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ` r 1 ^ DA L G. SCHMIEG, ESQ1JE Attorney for Plaintiff o o LA ??? r ? (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, V. JOSEPH E. CLARK THERESA M. CLARK Defendant(s). CIVIL DIVISION NO. 07-7438 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on aS, 200)?. By. If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE ? Attorney for Plaintiff U 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. No. 07-7438 CIVIL TERM JOSEPH E. CLARK THERESA M. CLARK 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 -$26.74) Add'l Costs TOTAL $162,661.37 $3,021.62 and Costs $2,263.50 $167,946.49 11 DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban 8ftfion 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. 166460 lM 0 W .? O~ 04 a? z? O O H 00 U ?zzA Od w? x ? r a, O yr0 1 CJ a W H O a UU W? W? v1 W O? O F U W ? w o O v F' o Oo a? U a i •? Ri j:COit V ' t °a0 V p 1 b a kn 0 a C7 a ra U M ? x a W W F,aa? W U ? H F ? W a V M zH M d O a, v C 0 rea ?LL? C 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. JOSEPH E. CLARK THERESA M. CLARK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7438 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. C D L G. SCHMIEG, ESQ Attorney for Plaintiff r'7 t -? -,?, C r`1 .?-.a -? r ,?._ ....? ._ .. .? .. : i _.J r-?-? ..,{ GMAC MORTGAGE, LLC Plaintiff, V. JOSEPH E. CLARK THERESA M. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7438 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 95 WAGNER STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH E. CLARK THERESA M. CLARK Last Known Address (if address cannot be reasonably ascertained, please indicate) 95 WAGNER STREET CARLISLE, PA 17013 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 $1* 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 95 WAGNER STREET 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 unswom falsification to authorities. II , ? February 18, 2008 1 NIM, DATE DANIEL G. SCHM G, ESQ Attorney for Plaintiff 4 r-a \.?? 1 ?_i..? l_J ?? r..5. ? : ?y -..-, ? -. - ?, ? ?.. ? _ ; " u i f' ,, --,. GMAC MORTGAGE, LLC Plaintiff, V. JOSEPH E. CLARK THERESA M. CLARK Defendant(s). CUMBERLAND COUNTY No. 07-7438 CIVIL TERM February 18, 2008 TO: JOSEPH E. CLARK 95 WAGNER STREET CARLISLE, PA 17013 THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 95 WAGNER STREET, 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 $162,661.37 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 a LEGAL DESCRIPTION All those certain parcels of land situate in North Middleton Township, County of Cumberland, State of Pennsylvania, bounded and described in accordance with Subdivision Plan prepared for Chester W. Schlusser by Boyer-Price Surveys, Inc., a copy of said Plan being recorded in Plan Book 25, Page 71, and being known and designated as follows: Tract l: Beginning at an iron pin at the intersection of the Northern line of 33 feet wide Wagner Drive with the Eastern line of 50 feet wide Fry Drive; thence along the Eastern line of said 50 feet wide Fry Drive, North 05 degrees 30 minutes East a distance of 97 feet to an iron pin; thence along line of land retained by Chester W. Schlusser and wife, South 84 degrees 30 minutes East a distance of 150 feet to an iron pin in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 05 degrees 30 minutes West a distance of 85 feet to an iron pin on the Northern line of 33 feet wide Wagner Drive; thence along the Northern line of said 33 feet wide Wagner Drive, North 89 degrees 04 minutes 26 seconds West a distance of 150.48 feet to an iron pin at the place of beginning. Containing 13,650 square feet and having thereon a dwelling house known and numbered as 95 Wagner Street. Being a portion of Lot No. 66 and all of Lots Nos. 67 and 68, as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village recorded in Plan Book 7, Page 39. Tract 2: Beginning at a one inch iron pipe, which iron pipe at the place of beginning is North 5 degrees 30 minutes East, a distance of 97 feet from an iron pipe at the intersection of the Northern line of 33 feet wide Wagner Street with the Eastern line of 50 feet wide Fry Loop Avenue, said point being the Northwest corner of land now of Paul B. Younkin and wife; thence South 89 degrees 4 minutes 26 seconds East, a distance of 150.48 feet to a one inch pipe in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 5 degrees 30 minutes West a distance of12 feet to a one inch iron pipe, being the Northeast corner of land now or formerly of Paul B. Younkin and wife; thence along the Northern line of said Paul B. Younkin North 84 degrees 30 minutes West a distance of 150 feet to the point of beginning. Containing 900 square feet, more or less, and being a portion of Lot No. 66 as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village as recorded in Plan Book &, Page 39. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Joseph E. Clark and Theresa M. Clark, h/w, by Deed from Paul B. Younkin and Garnet B. Younkin, h/w, dated 06/23/2004, recorded 06/29/2004, in Deed Book 263, page 4017. PARCEL IDENTIFICATION NO: 29-16-1094-240A, CONTROL #: 29002002 95 Wagner Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From JOSEPH E. CLARK and THERESA M. CLARK (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 gamishee(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 $162,661.37 L.L. $.50 Interest from 2/20/08 to 6/11/08 (per diem - $26.74) -- $3,021.62 and Costs Atty's Comm % Atty Paid $219.40 Plaintiff Paid Date: 2/25/08 (Seal) Due Prothy $2.00 Other Costs $2,263.50 f'rothonotaryr By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 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 vs. JOSEPH E. CLARK Civil Division CUMBERLAND County THERESA M. CLARK No. 07-7438 CIVIL TERM Defendants 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„ 2. Judgment was entered on February 25, 2008 in the amount of $162,661.37. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $155,423.75 Interest Through June 11, 2008 $8,283.18 Per Diem $19.16 Late Charges $404.68 Legal fees $1,735.00 Cost of Suit and Title $1,374.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $135.00 Appraisal/Brokers Price Opinion $400.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($571.76) Escrow Deficit $826.23 TOTAL $168,010.08 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 4, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: l 0 ieg, LLP By ache a M. Brad or , Esq ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JOSEPH E. CLARK THERESA M. CLARK No. 07-7438 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JOSEPH E. CLARK and THERESA M. CLARK 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 95 WAGNER STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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 By: 7Attomey e LLP dford,E quire intiff 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 166460 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 0 C d rr, v ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO- 07- 74,38 ?v?c ?erth CUMBERLAND COUNTY ATTORNEY FILE Defendants PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE G tfTE i;? k)?uy ids mi- Pile i1: 166460 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 #: 1 66460 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 #: 166460 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 N: 166460 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: JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/20/2004 mortgagor(s) 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: 1890, Page: 861. 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 #: 16640 6. The following amounts are due on the mortgage: Principal Balance $155,423.75 Interest $4,253.52 05/01/2007 through 12/08/2007 (Per Diem $19.16) Attorney's Fees $1,250.00 Cumulative Late Charges $164.10 11/20/2004 to 12/08/2007 Cost of Suit and Title Search 550.00 Subtotal $161,641.37 Escrow Credit ($378.68) Deficit $0.00 Subtotal 378.68 TOTAL $161,262.69 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 versonam 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 #: 166460 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 $161,262.69, together with interest from 12/08/2007 at the rate of $19.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: awlwl FRAN 1 S. HALLINAN ESQUIRE DANIE G. SCHMIEG, SQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff FileM: MAN LEGAL DESCRIPTION All those certain parcels of land situate in North Middleton Township, County of Cumberland, State of Pennsylvania, bounded and described in accordance with Subdivision Plan prepared for Chester W. Schlusser by Boyer-Price Surveys, Inc., a copy of said Plan being recorded in Plan Book 25, Page 71, and being known and designated as follows: Tract 1: Beginning at an iron pin at the intersection of the Northern line of 33 feet wide Wagner Drive with the Eastern line of 50 feet wide Fry Drive; thence along the Eastern line of said 50 feet wide Fry Drive, North 05 degrees 30 minutes East a distance of 97 feet to an iron pin; thence along line of land retained by Chester W. Schlusser and wife, South 84 degrees 30 minutes East a distance of 150 feet to an iron pin in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 05 degrees 30 minutes West a distance of 85 feet to an iron pin on the Northern line of 33 feet wide Wagner Drive; thence along the Northern line of said 33 feet wide Wagner Drive, North 89 degrees 04 minutes 26 seconds West a distance of 150.48 feet to an iron pin at the place of beginning. Containing 13,650 square feet and having thereon a dwelling house known and numbered as 95 Wagner Street. Being a portion of Lot No. 66 and all of Lots Nos. 67 and 68, as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village recorded in Plan Book 7, Page 39. File #: 166460 Tract 2: Beginning at a one inch iron pipe, which iron pipe at the place of beginning is North 5 degrees 30 minutes East, a distance of 97 feet from an iron pipe at the intersection of the Northern line of 33 feet wide Wagner Street with the Eastern line of 50 feet wide Fry Loop Avenue, said point being the Northwest corner of land now of Paul B. Younkin and wife; thence South 89 degrees 4 minutes 26 seconds East, a distance of 150.48 feet to a one inch pipe in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 5 degrees 30 minutes West a distance ofl2 feet to a one inch iron pipe, being the Northeast corner of land now or formerly of Paul B. Younkin and wife; thence along the Northern line of said Paul B. Younkin North 84 degrees 30 minutes West a distance of 150 feet to the point of beginning. Containing 900 square feet, more or less, and being a portion of Lot No. 66 as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village as recorded in Plan Book &, Page 39. 95 WAGNER STREET, CARLISLE, PA 17013 PARCEL NUMBER- 29-16-1094-240A File #: 166460 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 unsworn falsifications to authorities. qVAJ-J A J I -,&,I A ey or P ainhff DATE: Exhibit "B" PHELAN HALLINAN & SCMWIEG, 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 V } PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 CUMBERLAND COUNTY FORT WASHINGTON, PA 19034 COURT OF COMMON PLEAS Plaintiff, C M DIVISION v. f'y;;_ • NO. 07-7438 CIVIL TERM JOSEPH E. CLARK 95 WAGNER STREET'` CARLISLE, PA 17013 spr? THERESA M. CLARK 107 SOUTH CHESTNUT STREET • ?, r t . MECHANICSBURG, PA 17055 Defendant(s). r i PRAECIPE FOR IN REM JUDGMENT FOR FAILURE 40 Mr ANSWER AND ASSESSMENT OF DAMAGES 6 TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOSEPH ELK and THERESA M. CLARK, 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: Asset forth in Complaint Interest from 12/9/07 to 2/19/08?? TOTAL ,?. •, ,a $ " $161.37 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. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a PRO THY 166460 G. SCHMIEG, ESQ L ,? '? Attorney for Plaintiff Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 4, 2008 JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 RE: GMAC MORTGAGE, LLC vs. JOSEPH E. CLARK and THERESA M. CLARK Premises Address: 95 WAGNER STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-7438 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 9, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V I.rrsdf , ich le rd, squire For Phelan Hallinan & Schmieg, LLP Enclosure r 0 70 a 00 U ?b b A Oyu Q ?j O p. X N ? F N y N p S y U G' R ? O Fi Q w tj Q OO 1 t ? rd r ? o, G o ? '^O b `'Z`` n b ?' tKD o xr to oo n !?W ?? ? p'Crr1 C-A ?? y o 0 r 4 0 x r ? n ? b ? 0 I-A .•?/'9 oor 0", . •. 0.2048 2 1M 410 ??`? ppE 19143 Mp h ?Stot'A ZIP I 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: he MEuir By: Mic le 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. JOSEPH E. CLARK THERESA M. CLARK Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7438 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 DATE: b (? JOSEPH E. CLARK THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP By: PMi Nheleq. Bra o ire Attorney for Plaintiff ?? '` __. ,.j.t s _ r_? APR 152008 """ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff vs. Civil Division JOSEPH E. CLARK CUMBERLAND County THERESA M. CLARK Defendants No. 07-7438 CIVIL TERM RULE AND NOW, this ?8~ day of _A, V 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable ay o n e ain CC}l f?A -o tl,a C'llm Pr1c?X1Gl ?Olmt , ("rni h „?o? LT I L..« .? D «.,??,1.,? la. ZMichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a.febhe.com ,/JOSEPH E. CLARK THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 BY TH COURT J. -1OSEPH F/CLARK THERE A M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 TEL: (717) 254-68111 C.Piks /- / QQ 166460 Z :11 VIV 8 1 M OCR _9PV AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) JOSEPH E. CLARK THERESA M. CLARK SERVE THERESA M. CLARK AT 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 07-7438 CIVIL TERM ACCT. #166460 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to TWF P lcSi Al , C- 1? 2 V , Defendant, on the ? day of , 200 at ( o'clock &.m., at (07 cS04-P) C,lAf6T_vT ST-, AAFX44- " X30@G , 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 AU Height 5i3 Weight Q L Race W Sex P Other I, Qwj4L p Al o LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _9!4y of dA" , 2001. Nota • -`J By: -??ol?*4-g-q PLEASE ATT(EMP ?S VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. Hlt ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED C1gCOMMISSION EXPIRES 1012512012 y 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown No Answer Vacant 1" Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 i"7 n.LL? - 17, rQ - AFFIDAVIT OF SERVICE PLA1NrIf+F GMAC MORTGAGE, LLC DEFENDANT(S) JOSEPH E. CLARK THERESA M. CLARK SERVE JOSEPH E. CLARK AT 95 WAGNER STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-7438 CIVIL, TERM ACCT. #166460 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 n SERVED Served and made known to 310/S? 9 W E- ,nDefendant, on the T i1 day of 200 at ? %(3 , o'clock .m., at `? ? WA-&;j S'jR?T I 0,+P-u St--? ,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 ;? C S Height -5'(/" Weight "210 Race W Sex M Other I, N JA-L,,? k6 L--L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this g day of VUAft[4 200"K Nor} ? By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED On th STATE QF NEW JERSEY MVCOW*W_`fXRIRnS 1012 901 , 200at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 L d ?.,5 Y? ?y pM1? _ • a SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC VS. JOSEPH E. CLARK THERESA M. CLARK No.: 07-7438 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 95 WAGNER STREET, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. 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. May 6, 2008 Attorney for Plaintiff d. 4 C*'!t £0161 8002 O sar i 'a C 4 80 U u MO a ??a 'C3 a Ig H ? w I w ' Q8 C? ? k r o L' yp 3003d1Z WOHJ 03"Vn P.0 8Z 83A O WS M7000 s M Z0 :a " W IN $ N013 A3mlld N 8 ?4 ? a •? w .. W 'O ~ _a O O? C ? N MpM W ? ? ? A y 6'L C• ? H N p {y o ? p a' , , 8 a i a? b.? ^yr ?," •.??- 1-x•1 $w 4r C N ? .r N w q 0 Cd ? (A 0 2 a . a o 00 U O 4 3 II s ? M .. 00 Fi O W Q N x C• C Z O a 1« •= $$ J? f-? M EA cd 3 O v U C;l3x ?x cl _ ? i0+ .+ a cdd? N 5 6 z d ? ? ? b y ? ? P4 ? j N aw 0 a o w a w to ? A ? • 3 p 3 a o z p ? v? ? N ? o ? a . j r~ d 3 cd p. Q 0? 00 u V U Q ? \ O O ?., id ? N O x u a ?" O w w L a z 0 A O U z W H o .? U ?o +'? a. a? O q a, O 5 u x" m z m v b H ?. N M st In ?p l? 00 O? Cl .~-. Nr .M•1 .?-? .?,.? a" ? u ? F 'a' I-D , 1z c? ca X 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 GMAC MORTGAGE, LLC Plaintiff vs. JOSEPH E. CLARK THERESA M. CLARK Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7438 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Dam Rule Return date of June ages noting a 10, 2008 was sent to the following individual on the date indicated below.. JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 DATE: -4)14- ATTORNEY FOR PLAINTIFF JOSEPH E. CLARK THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 el ie LLP By: Michele M. Bradford, Esquir Attorney for Plaintiff r 1 -0 1-f i _ r 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. JOSEPH E. CLARK THERESA M. CLARK Defendants PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7438 CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on A t boo in the above referenced action. DATE: rxuvi 1,.y 1V1 1 mijut 11 } 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JOSEPH E. CLARK THERESA M. CLARK Defendants CUMBERLAND County No. 07-7438 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET CARLISLE, PA 17013 DATE: JOSEPH E. CLARK THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 By 7ichele tBradf&d, ieg, L LP uire Attorney for Plaintiff 0 flik o L- r -;3i 4 ._.. i r i W _ ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sherif? s Deed in which SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 1 1TH day of JUNE A.D. 2008 under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7438, at the suit of GMAC MTG LLC against JOSEPH E CLARK & THERESA M is duly recorded as Instrument Number 200820741. IN TESTIMONY WHEREOF, I have hereunto set my hand an eal of said office this 3 day of A.D. / l .,_ A /I of Deeds Recorder Ovc Jos, !,uamdrlano County, Cadide, PA My Canimbon E*m the FM Monday of JNL 2010 GMA( Mortgage vs E. Clark and Theresa M. Clark In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7438 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2068 at 1420 hours, he served a true copy of the within Real Estate Writ, Notice and Descr ption, in the above entitled action, upon the within named defendants, to wit: Joseph E. Clark and eresa M. Clark by making known unto Joseph Clark personally, at 95 Wagner Street, Carlis e, Cumberland County, Pennsylvania its contents and at the same time handing to him perso ally the said true and correct copy of the same. Theresa M. Clark was served by making kno unto Justin Sheriff, adult in charge for Theresa, at 107 S. Chestnut Street, Mechanicsburg, Cum rland County Pennsylvania its contents and at the same time handing to him personally the said a and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April b2, 2008 at 1420 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and d scription, in the above entitled action, upon the property of Joseph E. Clark and Theresa M. Clark located at 95 Wagner Street. Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the abov Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff maile a notice of the pendency of the action to the within named defendants, to wit: Joseph E. Clark by regular mail to his last known address of 95 Wagner Street, Carlisle, PA 17013. This letter was ailed under the date of April 16, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the abov Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff maile a notice of the pendency of the action to the within named defendants, to wit: Theresa M. Clar by regular mail to her last known address of 107 South Chestnut Street, Mechanicsburg, PA 1705 . This letter was mailed under the date of April 16, 2008 and never returned to the Sheriffs R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal otice had been given according to law, he exposed the within described premises at public venu or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:0 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Se retary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and est price received for the same, Secretary of Veterans Affairs, an Officer of the United States of erica of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution, paid to She 'ff R. Thomas Kline the sum of $1,484.08. Sheriff s Costs: Doc4eting Po dage Post' g Bills Adv rtising Ac owledging Deed Auc 'oneer Law Library Journal 3t News 30.00 29.10 30.00 30.00 48.00 10.00 .50 2.00 20.16 30.00 40.00 599.00 536.09 Share f bills Distri ution of proceeds Sherif sdeed it So Answers: W. R. Th mas Kline, Sheriff I, B R 14.73 25.00 39.50 $1,484.08 t'/. 2 Y/ . 0 PC)- - PA-11- 4 g,w Co UA) Ck, C ySi p 8. -NO 7/ L GMAC MORTGAGE, LLC Plaintiff, V. JO PH E. CLARK T RESA M. CLARK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7438 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GM AC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ES , sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,95 WAGNER STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH E. CLARK 95 WAGNER STREET CARLISLE, PA 17013 THERESA M. CLARK 107 SOUTH CHESTNUT STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: I? Nam Last Known Address (if address cannot be reasonably ascertained, lease indicate Y ?P ) None 4. Name and address of last recorded holder of every mortgage of record: Nam Last Known Address (if address cannot be reasonably ascertained, please indicate) None '5. Dame 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) N 6. Name and address of every other person who has any record interest in the property and whose inte est may be affected by the sale. N Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Dame 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) Ten ntlOccupant 95 WAGNER STREET CARLISLE, PA 17013 Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 filth of Pennsylvania of Welfare Co monwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Revenue Service d Investors Tower rtment of Public Welfare Casualty Unit e Recovery Program 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 Feb ai 18, 2008 W N I Q ?A M I s DATE D L G. SC G, ESQ Attorney for Plaintiff GM MORTGAGE, LLC Plaintiff, V. JOS PH E. CLARK THE SA M. CLARK Defendant(s). CUMBERLAND COUNTY No. 07-7438 CIVIL TERM February 18, 2008 TO: JOSEPH E. CLARK THERESA M. CLARK 95 WAGNER STREET 107 SOUTH CHESTNUT STREET CARLISLE, PA 17013 MECHANICSBURG, PA 17055 i "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BAN UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 95 WAGNER STREET, CARLISLE, PA 17013, is scheduled to be so d at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, Sout Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $162,661.37 obtained by G C 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 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 ill have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find ?ut 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 rate 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 distriution 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 She 'ff 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 atelv after the sale. YO SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BEL W 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 th absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be post oned 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 those certain parcels of land situate in North Middleton Township, County of Cumberland, State of Pennsylvania, bounded and described in accordance with Subdivision Plan prepared for Chester W. Schlus er by Boyer-Price Surveys, Inc., a copy of said Plan being recorded in Plan Book 25, Page 71, and being known and designated as follows: Tract 1: Beginning at an iron pin at the intersection of the Northern line of 33 feet wide Wagner Drive with the Eastern line of 50 feet wide Fry Drive; thence along the Eastern line of said 50 feet wide Fry Drive, North 5 degrees 30 minutes East a distance of 97 feet to an iron pin; thence along line of land retained by Chester W. Schlusser and wife, South 84 degrees 30 minutes East a distance of 150 feet to an iron pin in line f land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 05 degrees 30 minutes West a distance of 85 feet to an iron pin on the Northern line of 33 feet wide Wagner Drive; thence along the Northern line of said 33 feet wide Wagner Drive, North 89 degrees 04 minutes 26 seconds West a distance of 150.48 feet to an iron pin at the place of begi injz. 13,650 square feet and having thereon a dwelling house known and numbered as 95 Wagner Street. Being portion of Lot No. 66 and all of Lots Nos. 67 and 68, as shown on Revised Plan of Fry Avenue Lots o Plan No. 4 of Schlusser Village recorded in Plan Book 7, Page 39. Tract 7: Beginning at a one inch iron pipe, which iron pipe at the place of beginning is North 5 degrees 30 minutes East, a distance of 97 feet from an iron pipe at the intersection of the Northern line of 33 feet wide Wagner Street with the Eastern line of 50 feet wide Fry Loop Avenue, said point being the Northwest corner of land now of Paul B. Younkin and wife; thence South 89 degrees 4 minutes 26 seconds East, a distance of 150.48 feet to a one inch pipe in line of land now or formerly of Clarence C. Kepne ; thence along line of said land now or formerly of Clarence C. Kepner, South 5 degrees 30 minutes West a distance of12 feet to a one inch iron pipe, being the Northeast corner of land now or formerly of Paul B. Younkin and wife; thence along the Northern line of said Paul B. Younkin North 84 degree 30 minutes West a distance of 150 feet to the point of beginning. Contai ing 900 square feet, more or less, and being a portion of Lot No. 66 as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village as recorded in Plan Book &, Page 39. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Joseph E. Clark and Theresa M. Clark, h/w, by Deed from Paul B. Younkin and Garnet B. Younkin, h/w, dated 06/23/2004, recorded 06/29/2004, in Deed Book 63, page 4017. 29-16-1094-240A, CONTROL #: 29002002 95 Wagner Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT ;WEALTH OF PENNSYLVANIA) OF CUMBERLAND) NO 07-7438 Civil CIVIL ACTION - LAW THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) JOSEPH E. CLARK and THERESA M. CLARK (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 ) as follows: an 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 ga shee and is enjoined as above stated. A ount Due $162,661.37 L.L. $.50 In erest from 2/20/08 to 6/11/08 (per diem - $26.74) -- $3,021.62 and Costs A4y's Comm % Due Prothy $2.00 A y Paid $219.40 PI intiff Paid D?te: 2/25/08 i i (Sal) RI?QUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Other Costs $2,263.50 Prothonotary t- By: Deputy Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 A orney for: PLAINTIFF Telephone: 215-563-7000 S vreme Court ID No. 62205 Real Estate Sale # 57 On March 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 95 Wagner Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2008 By- Real Esta Sergeant Z h .£ d L Z 933 8001 dd ',kIP A0 u c + s<??'-,Wii"I 33183HS 3H1 30 3313A0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 C ONWEALTH OF PENNSYLVANIA ss. 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, 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 as to time, place and character of publication are true. Li Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 16 day of Ma2008 r?ZzAa-?" J. ('&'? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FAkitr XWAXU 84" 110. 57 Writ No. 2007-7438 Civil GMAC Mortgage, LLC vs. Joseph E. Clark and Theresa M. Clark Atty.: Daniel Schmieg LEGAL DESCRIPTION All those certain parcels of land situate in North Middleton Town- ship, County of Cumberland, State of Pennsylvania, bounded and described in accordance with Subdivision Plan prepared for Chester W. Schlusser by Boyer-Price Surveys, Inc., a copy of said Plan being recorded in Plan Book 25, Page 71, and being known and designated as follows: Tract 1: Beginning at an iron pin at the intersection of the Northern line of 33 feet wide Wagner Drive with the Eastern line of 50 feet wide Fry Drive; thence along the Eastern line of said 50 feet wide Fry Drive, North 05 de- grees 30 minutes East a distance of 97 feet to an iron pin; thence along lime of land retained by Chester W. SeW user and wife, South 84 degrees 30 mutes East a distance of 150 Leek to an iron pin in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 05 degrees 30 minutes West a distance of 85 feet to an iron pin on the Northern line of 33 feet wide Wagner Drive; thence along the Northern line of said 33 feet wide Wagner Drive, North 89 degrees 04 minutes 26 seconds West a distance of 150.48 feet to an iron pin at the place of beginning. Containing 13,650 square feet and having thereon a dwelling house known and numbered as 95 Wagner Street. tieing a portion of Lot No. 66 and all of Lots Nos. 67 and 68, as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlusser Village recorded in Plan Book 7, Page 39. Tract 2: Beginning at a one inch iron pipe, which iron pipe at the place of begin- ning is North 5 degrees 30 minutes East, a distance of 97 feet from an iron pipe at the intersection of the Northern line of 33 feet wide Wagner Street with the Eastern line of 50 feet wide Fry Loop Avenue, said point be- ing the Northwest corner of land now of Paul B. Younk in and wife; thence South 89 degrees 4 minutes 26 sec- onds East, a distance of 150.48 feet to a one inch pipe in line of land now or formerly of Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 5 degrees 30 minutes West a distance of 12 feet to a one inch iron pipe, being the Northeast corner of land now or formerly of Paul B. Younkin and wife; thence along the Northern line of said Paul B. Younkin North 84 degrees 30 minutes West a distance of 150 feet to the point of beginning. Containing 900 square feet, more or leas, and being a portion of Lot No. 66 as shown on Revised Plan of Fry Avenue Lets on Plan No. 4 of Schlusser Village as recorded in Plan Book &' Page 39. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Joseph E. Clark and Theresa M. Clark, h/w, by Deed from Paul B. Younkdn and Garnet B. Younkin, h/w, dated 06/23/2004, recorded 06/29/2004, in Deed Book 263, page 4017. PARCEL IDENTIFICATION NO: 29-16-1094-240A, CONTROL #: 29002002. 95 Wagner Street, Carlisle, PA 17013. The• Patri t-News Co. 812 Market St. Harrisbu g, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMB RLAND COUNTY COURT HOUSE SLE PA 17013 the Patriot 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. That he is I Commonwealth of Harrisburg, County newspapers of gen The Patriot-News a all have been contii That the pr daily and/or Sunda, interested in the su place and characte That he ha behalf of The Patric stockholders and b in and for said Cou being duly sworn according to law, deposes and says: ie Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the ennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of )f Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News ral circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that id The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and uously published ever since; lted notice or publication which is securely attached hereto is exactly as printed and published in their regular I Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is )ject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, of publication are true; and personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on t-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the and of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds ty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATI N COPY This ad ran on the date(s) shown below: 04/23/08 04/30108 05/07108 j ............. Sworn to nd bscribed before me this 27 dWf May, 2008 A.D. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale f#57 Writ No. 2007-7438 Civil Term GMAC Mortgage, LLC VS Joseph E. Clark and Theresa M. Clark Attorney: Daniel Schmieg DESCRIPTION All those certain parcels of land situate in North Middleton Township, County of Cumberland, State of Pennsylvania, bounded and described in accordance with Subdivision Plan prepared for Chester W. Schlusser by Boyer-Price Surveys, Inc., a copy of said Plan being recorded in Plan Book 25, Page 71, and being known and designated as follows: Tract 1: Beginning at an iron pin at the intersection of the Northern line of 33 feet wide Wagner Drive with the Eastern line of 50 feet wide Fry Drive; thence along the Eastern line of said 50 feet wide Fry Drive, North 05 degrees 30 minutes East a distance of 97 feet to an iron pin; thence along line of land retained by Chester W. Schlusser and wife, South 84 degrees 30 minutes Fast a distance of 150 feet to an iron pin in line of land now or formerly of.Clarence C. Kepner; thence along line of said land now or formerly of Clarence C. Kepner, South 05 degrees 30 minutes West a distance of 85 feet to an iron pin on the Northern line of33 feet wide Wagner Drive; thence along the Northern line of said 33 feet wide Wagner Drive, North 89 degrees 04 minutes 26 seconds West a distance of 150.48 feet to an iron pin at the place of beginning. Containing 13,650 square feet and having thereon a dwelling house known and numbered as 95 Wagner Street. Being a portion of Lot No. 66 and all of Lots Nos. 67 and 68, as shown on Revised Plan- of Fry Avenue Lots on Plan No. 4 of Schlusser Village recorded in Plan Book 7, Page 39. Tract 2: Beginning at a one inch iron pipe, which iron pipe at the place of beginning is North 5 degrees 0 minutes East, a distance of 97 feet from an ion pipe at the intersection of dre Natl m 6qe of 33 feet wide Wagner Shat eidi die Eastern libe of 50 feet wide Fry Loop Avaue, said point be* the Northwest corner of land now of Paul B. You>kin and wife; thence South 89 degrees 4 minutes 26 seconds East, a distance of 150.48 feet to a one inch pipe in line of land now or formerly of Clarence C. Kepner, thence along line of said land now or formerly of Clarence C. Kepner, South 5 degrees 30 minutes West a 'istance of 12 feet to a one inch iron pipe, being re Northeast comer of land now or formerly of Paul B. Younkin and wife; thence along the Northern line of said Paul B. Younkin North 84 degrees 30 minutes West a distance of 150 feet to the point of beginning. Containing 900 square feet, more or less, and being a portion of Lot No. 66 as shown on Revised Plan of Fry Avenue Lots on Plan No. 4 of Schlosser Village as recorded in Plan Book &, Page 39. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Joseph E. Clark and Theresa M. Clark, h/w, by Deed from Paul B. Younkin and Garnet B. Younkin, h/w, dated 0612312004, recorded 06/ 2912004, in Deed Book 263, page 4017. PARCEL IDENTIFICATION NO:29-16-1094 240A, CONTROL #: 29002002 95 Wagner Street, Carlisle, PA 17013