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HomeMy WebLinkAbout07-7761PHELAN 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 163970 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 T1 U I 0,' i I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163970 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 #: 163970 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 #: 163970 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 #: 163970 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: THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/05/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC., F/K/A HOMECOMINGS FINANCIAL NETWORK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1996, Page: 3766. 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. File #: 163970 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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. 6. The following amounts are due on the mortgage: Principal Balance $89 000.00 Interest , $3 526.11 06/01/2007 through 12/20/2007 , (Per Diem $17.37) Attorney's Fees $1 250.00 Cumulative Late Charges , $89 94 06/05/2007 to 12/20/2007 . Cost of Suit and Title Search 550.00 Subtotal $94,416.05 Escrow Credit $0.00) Deficit $865 91 Subtotal . 865.91 TOTAL $93,550.14 7. 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. File #: 163970 8. 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. 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. File #: 163970 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 $93,550.14, together with interest from 12/20/2007 at the rate of $17.37 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. D 7 FRAN S S. ALLIN N, ESQUIRE DA G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 163970 LEGAL DESCRIPTION TRACT l: ALL that certain tract of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 16, Block No. 3, of Plan of Lots known as Revised Plan of Lots, situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S. E. Landis, April 12, 1914, said Plan of Lots being recorded in the office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. THE SAID for having a frontage of 35 feet on said State Route, TR 233 by 140 feet in depth to a 15-foot alley. Being bounded on the South by Tract No. 2 hereinafter described, and on the North by lands now or formerly of Kenneth R. Lehman. File #: 163970 TRACT 2: ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEING part of Lot No. 15 in Block No. 3 of Plan of Lots known as Revised Plan of Lots situate in Newton Township, now North Newton Township, County of Cumberland, Commonwealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S.E. Landis, April 12, 1914, said Plan of Lots being recorded in the Office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. BEGINNING at the South West corner of Lot No. 16 (Tract No. 1) on the aforesaid public road; thence in a Southerly direction 15 feet, which is a part of Lot No. 15 to a point in lands formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, now or formerly of Wayne Witmer, thence in an Easterly direction along land formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, nor or formerly of Wayne Witmer, 140 feet to a 15-foot alley; thence in a Northerly direction along said alley, 16 feet to the corner of Lot No. 16 (Tract No. 1); thence in a Westerly direction along Tract No. 1, 140 feet to the Place of BEGINNING. PARCEL NUMBER 30-19-1683-029 BEING known as 103 Doubling Gap Road, Newville, PA 17241. File #: 163970 VERIFICATION I hereby states that I am the attorney for the 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. 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. "A) mey for Plaintiff DATE: l01 a l File #: 163970 C r. ?+ ,. -- T1 ZC {p. 7 C-) rYi # * r? '-, co SLb Q a ` QQ ` _ SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-07761 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MIDRANO THOMAS J ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MIDRANO THOMAS J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , MIDRANO THOMAS J 51 PEACHY ANN DRIVE NOT SERVED , as to NEWVILLE. PA 17241 DEFENDANT WAS SERVED AT 103 DOUBLING GAP ROAD Sheriff's Costs: Docketing Service Affidavit Surcharge /l).a/0P 9- So answers: 6.00 .00 _ .00 R. `flfo as Kline 10.00 Sheriff of Cumberland County 0 16.00 PHELAN HALLINAN SCHMIEG 01/03/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-07761 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MIDRANO THOMAS J ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MIDRANO SUSAN K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , MIDRANO SUSAN K NOT SERVED , as to 51 PEACHY ANN DRIVE NEWVILLE, PA 17241 DEFENDANT WAS SERVED AT 103 DOUBLING GAP ROAD. Sheriff's Costs: So answers: Docketing 6.00 Service .00- Affidavit .00 R. Thomas Kl' e Surcharge 10.00 Sheriff of Cumberland County .00 Ijaa/0t ?•. 16.00 PHELAN HALLINAN SCHMIEG 01/03/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MIDRANO THOMAS J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MIDRANO THOMAS J the DEFENDANT , at 1525:00 HOURS, on the 2nd day of January , 2008 at 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 by handing to SUSAN K MIDRANO, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 1) J110f 38.56 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Thomas Kline 01/03/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MIDRANO THOMAS J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MTn?ANn MMAN K the DEFENDANT , at 1525:00 HOURS, on the 2nd day of January , 2008 at 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 by handing to SUSAN K MIDRANO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 11111bi 4- 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/03/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff A. D. i PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC Mortgage, LLC Plaintiff VS. Thomas J. Midrano Susan K. Midrano Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION :NO.07-7761 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. '41" fk Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: March 4, 2008 VERIFICATION Kenneth Ugwuadu Limited SigniLig Offic hereby states that he/she is C) of 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 subject to the penalties of 18 Pa. C.S. Sec. 4904 DATE: ?-? 2 kp ?b I ` that this to unworn fal Kenneth `` ited ?it Lim to officer Company: GMAC MORTGAGE, LLC Loan:0473203461 File #: 163970 Z PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC Mortgage, LLC Plaintiff VS. Thomas J. Midrano Susan K. Midrano Defendant (s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION :NO. 07-7761 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 indicated below: Thomas J. Midrano 103 Doubling Gap Road Newville, PA 17241 Susan K. Midrano 103 Doubling Gap Road Newville, PA 1721 Fra cis S. Hallinan, Esquire Attorney for Plaintiff Dated: March 4, 2008 t ; n?, p a r 'Ft 4Z Ol r Y ` ?& PHELAN HALLINAN & SCHMIEG, L.L.P. -By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. THOMAS J. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 CIVIL DIVISION NO. 07-7761 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 THOMAS J. MIDRANO and SUSAN K. MIDRANO, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/27/07 to 3/10/08 TOTAL $93,654.36 $1,302.75 $94,957.11 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. S HMIEG, ESQUI-Dy Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 t? PR PROTH 163970 PI-IELAN HALLINAN & SCHMIEG, LLP 4: 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 Plaintiff Vs. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants TO: THOMAS J. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 DATE OF NOTICE: FF.RRi1ARY 26 20OR COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7761 CIVIL TERM ?d o? THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT 4 T. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR T 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 LINDA NGUYE , Le Assistant ,. 1 PHELAN HALLINAN & SCHMIEG, LLP • ' By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff Vs. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants TO: SUSAN K MIDRANO 103 DOUBLING GAP ROAD NEWV LLEPA17241 DATE OF NOTICE: EEBRUARY 6, OOR ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7761 CIVIL TERM 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 4A---N`G6-UWEN, eg Assistant 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 V. Plaintiff, THOMAS J. MIDRANO SUSAN K. MIDRANO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7761 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 THOMAS J. MIDRANO is over 18 years of age and resides at, 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241. (c) that defendant SUSAN K. MIDRANO is over 18 years of age, and resides at, 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff rla z n, Fri Ja x3Q g -D oc v s-° ?-_. : N ? rn • `, (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 Plaintiff, V. THOMAS J. MIDRANO SUSAN K. MIDRANO CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7761 CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on l tj rth It 200 3. By: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. ' THOMAS J. MIDRANO No. 07-7761 CIVIL TERM SUSAN K. MIDRANO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/11/08 - 9/3/08 (per diem -$15.61) Add'1 Costs TOTAL $94,957.11 $2,762.97 and Costs $2.333.50 $100,053.58 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The stayed in the event that a representative ofltheuplaintifftisnnotor present at the sale. 163970 o4 w? az zz ?a O H Uz OV ?z O? xw H V ? ? ? ? N N as wW as as ww zz z o ?d H as b Aq a, ZZ o 40 aI W M a4 '? bA °' O V] ?z a ? 00 o AA a+ p O o co , C7 W ? a w Qa og ? 00000 ? ? .. D i GMAC MORTGAGE, LLC 46 Plaintiff, V. THOMAS J. MIDRANO SUSAN K. MIDRANO CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7761 CIVIL TERM Defendant(s). 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,103 DOUBLING GAP ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name THOMAS J. MIDRANO SUSAN K. MIDRANO Last Known Address (if address cannot be reasonably ascertained, please indicate) 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nathe 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 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 1, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c7 P? __a ?.?, .r ---? _._ „, _,_ -.. .?? ,, F?. ?? ?? ?, --°._j : _ r,,, .. - :: , '° rJl _ ' _ - ?^:': 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. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7761 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff d GMAC MORTGAGE, LLC Plaintiff, V. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendant(s). TO: THOMAS J. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 April 1, 2008 CUMBERLAND COUNTY No. 07-7761 CIVIL TERM SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94,957.11 obtained by GMAC MORTGAGE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION TRACT 1: ALL that certain tract of land with improvements hip of North Newton, Cumberland County, Pennsylvania Township Route 233, in the Towns p Pennsylvania, bounded and described as follows: Plan situate in Lots, North BEING Lot No. 16, Block No. 3, of Plan of Lots knownnny R?vania, adjoining the Borough of Newvilleon Township, Cumberland County, Commonwealth of Pe as laid out by S. E. Landis, April 12, 1914, said Plan of Lots being recorded in the office fort the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. y 140 et in depth to a 15-ot on the North by lands now THE SAID for having a frontage of 35 feet on said State Roe d, TRcr b 233 b, alley. Being bounded on the South by Tract No. 2 herein or formerly of Kenneth R. Lehman. TRACT 2: ALL THAT CERTAIN piece or parcel of land with improvements hp f orth Newtons County of Cumberland side of Pennsylvania Township Route 233, in the To and Commonwealth of Pennsylvania, bounded and described as follows: Commonwealth ofe in BEING part of Lot No. 15 in Block No. 3 of Plan on kof CumberlandRevised Plan of Lots Newton Township, now North Newton Township, County ril 12, 1914, said Plan of Landis, A Pennsylvania, adjoining the Borough of Newville, as laid ou for the Recorder of Deedst nyand for Cumberland County, Lots being recorded in the Office Pennsylvania, in Plan Book No. 1, Page 85. 1) on te aforesaid pulic road; BEGINNING at the South West corner of Lot No. 16 (Tract a po ntnn lands formerly of Cloyd M thence in a Southerly direction 15 feet, which is a part of Lot his an wife, nor McCalister and Naomi H. McCalister, wife, his McCalister a d Naomi H?McCalibster in Easterly direction along land formerly of CloYd M. or formerly of Wayne Witmer, 140 feet to a 15-foot alley; thence in a Northerly direction along said alle, 16 feet to the corner of Lot No. 16 (Tract No. 1); thence in a Westerly direction along Tract No. 1, y 140 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Thomas J. S rouse, husband and Mier datedusband and wife, by Deed from Doyle R. Strouse and Hwan T. 2884. 06/05/2007, recorded 06/21/2007, in Deed Book 280, page PREMISES BEING: 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241 PARCEL NO. 30-19-1683-029 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) THOMAS J. MIDRANO SUSAN K. MIDRANO SERVE THOMAS J. MIDRANO AT: 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 07-7761 CIVIL TERM ACCT. #163970 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 SERVED Served and made known to ?9?r s J m'?L'? '?r , Defendant, on the ` day of 200P, at .3.,j),0 , o'clock / .m., at /es G -y ?? c Gt/lri??c Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is ??f? _?)• ?i?,, q - ?'? 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: i Description: //Age Go Height (o Weight 10 Race L Sex /h Other I, /r?? /a ?? ?•c_ , a competent adult, being duly sworn according o taw, 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 he n, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this --e,-'-h day of ,t i ! , 20Qt. Nota : By: PLEASE ATTEMPTS DICE AT LEAST 3 TI THEODORE J. HA 18 K W. Baker =iul e ve NW 06016 31 INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY O#it: 3W*EXplRE$1012512012 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2"d Attempt: / / Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z ?? ?.,. 4,:3 .° ?+ . , a. t f;T"i ....?,,,,. -?- `' ?.., ?+.? ? ?;:+ a ? ? ??? ?? AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE, LLC / No. 07-7761 CIVIL TERM DEFENDANT(S) THOMAS J. MIDRANO SUSAN K. MIDRANO ACCT. #163970 SERVE SUSAN K. MIDRANO AT: Type of Action 103 DOUBLING GAP ROAD - Notice of Sheriffs Sale NEWVILLE, PA 17241 Sale Date: SEPTEMBER 3, 2008 SERVED Served and made known to 15(lltiv Defendant, on the day ofV ,200,f, at o'clock/O.m., at ?d l-/`?? cir 1 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. r C / A -Adult family member with whom Defendant(s) reside(s). Name and Relationship is c ? chN6 , .Aj .P 9sv?1 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 2 A- Height 6 r Weight ? Race t-' Sex i^ Other I, ?V., /jj „G Z- , a competent adult, being duly sworn according to law, depose an4 state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the mW7 n, issued in the V9=31 cacase on the date and at the address indicated above. W. Baker Sworn to and subscribed K ? nbefore me this :? day 13U of ; 200 .. Notary: By: PLEASE ATTEM SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY "Atn ISSION E41??310/2Qi/201Y , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is` Attempt: Time: 2nd 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 i7 . ?i %; oiA t. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County THOMAS J. MIDRANO SUSAN K. MIDRANO No. 07-7761 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: Plaintiff commenced this foreclosure action by filing a Complaint on December 28, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on March 11, 2008 in the amount of $94,957.11. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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 September 3, 2008. Additional sums have been incurred or expended on Defendants' behall'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 $89,000.00 Interest Through September 3, 2008 $7,978,72 Per Diem $17.37 Late Charges $419.72 Legal fees $1,675.00 Cost of Suit and Title $1,444.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $351.25 Appraisal/Brokers Price Opinion $540.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($725.00) Escrow Deficit $3,476.62 TOTAL $104,160.31 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. Plaintiffs 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 July 18, 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: A rh chmieg, LLP By: Bradfor, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC ; Plaintiff vs. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE THOMAS J. MIDRANO and SUSAN K. MIDRANO 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 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241. 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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa. Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 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. Burn s, 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 Sheriffs 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:I Yh o'nchmieg, LLP By: Miche e M, Esquire Attorney for Plaintiff 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 X2151 563-7000 163970 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 Defendants C v7 [? -7- M r C, Ti y CO < ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 _ 771ol Civil (eerM CUMBERLAND COUNTY Iva hereby CertIty t, Coy-l-0?. be a true ?R ?i Copi, of t? rtlo? of r Derr CIVIL ACTION - LAW ATTORNEY FILE COPYCOMPLAINT IN MORTGAGE FORECLOSURE ETURN PI-FAS' 7.. File #: 163970 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 #: 163970 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 #: 163970 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 #: 163970 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: THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/05/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC., F/K/A HOMECOMINGS FINANCIAL NETWORK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1996, Page: 3766. 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. File #: 163970 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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. 6. The following amounts are due on the mortgage: Principal Balance $89,000.00 Interest $3,526.11 06/01/2007 through 12/20/2007 (Per Diem $17.37) Attorney's Fees $1,250.00 Cumulative Late Charges $89.94 06/05/2007 to 12/20/2007 Cost of Suit and Title Search 550.00 Subtotal $94,416.05 Escrow Credit $0.00) Deficit $865.91 Subtotal 865.91 TOTAL $93,550.14 7 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. File #: 163970 8. 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. 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. File #: 163970 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 $93,550.14, together with interest from 12/20/2007 at the rate of $17.37 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: F1 07 IF SS . ALLiN N, ESQUIRE D G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 163970 LEGAL DESCRIPTION TRACT 1: ALL that certain tract of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 16, Block No. 3, of Plan of Lots known as Revised Plan of Lots, situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, adjoining the Borough of. Newville, as laid out by S. E. Landis, April 12, 1914, said Plan of Lots being recorded in. the office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. THE SAID for having a frontage of 35 feet on said State Route, TR 233 by 140 feet in depth to a 15-foot alley. Being bounded on the South by Tract No. 2 hereinafter described, and on the North by lands now or formerly of Kenneth R. Lehman. File #: 163970 TRACT 2,; ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEING part of Lot No. 15 in Block No. 3 of Plan of Lots known as Revised Plan of Lots situate in Newton Township, now North Newton Township, County of Cumberland, Commonwealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S.E. Landis, April 12, 1914, said Plan of Lots being recorded in the Office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. BEGINNING at the South West corner of Lot No. 16 (Tract No. 1) on the aforesaid public road; thence in a Southerly direction 15 feet, which is a part of Lot No. 15 to a point in lands formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, now or formerly of Wayne Witmer, thence in an Easterly direction along land formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, nor or formerly of Wayne Witmer, 140 feet to a 15-foot alley; thence in a Northerly direction along said alley, 16 feet to the corner of Lot No. 16 (Tract No. 1); thence in a Westerly direction along Tract No. 1, 140 feet to the Place of BEGINNING. PARCEL NUMBER 30-19-1683-029 BEING known as 103 Doubling Gap Road, Newville, PA 17241. File #: 163970 VERIFICATION I hereby states that I am the attorney for the 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. 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. ?76- rney for Plaintiff DATE: iol?j? File #: 163970 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff, THOMAS J. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 an (s}. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ATTORNEY RLC- !VW . PLEASE CUMBERLAND COUNTI) o . COURT OF COMMON P&E A§g o t^ . CIVIL DIVISION :3C ?_ . NO. 07-7761 CIVIL Tk 0cJ . C- tV prn . T0 NEY?LE C SE , Defend t TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against THOMAS J. MIDRANO and SUSAN K. MIDRANO 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 12/27/07 to 3/10/08 TOTAL $93,654.36 $1,302.75 $94,957.11 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. S MIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO ROTHY 163970 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 July 18, 2008 THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 RE: GMAC MORTGAGE, LLC vs. THOMAS J. MIDRANO and SUSAN K. MIDRANO Premises Address: 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 07-7761 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), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, July 23, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e t y yoYrdfol-,,--EEsquire Mi he e For Phelan Hallinan & Schmieg, LLP Enclosure a? W rW? o r++ CA Ur- V? z -? Y U zc ao C cV ?n _ a? 6-LOV? cC 'p w zQo r no ?v ? £0 y E L6I 3000dIZWOa303libW aooz a?inr F c: h .G oaz-za $ 0 102 ?zbo00 VU E `! a c z0 v o ? ?o ti? o? so, ?Fa? ? S? 15 ' z E cb <VOc153?? A m P. O ?A [[?? N Q' N ? c E > o v.? o ? ? ,- 'C U p O Q.v O >G 7 ? ^ F+1 ? L d O A F--I r a>,? r-? O ~ w c ,n c w o w vi ^ O t ? O g O. W E CD L VI O W ? V F-• N N p O N y j ?- ?\ N L Va ? L y Va LY. ? y - y F-i W O C x r.+ • 0. W ? O ? O ? Za' Z Q ? Q - U V Q I--? ? W H Do U C O Q z ¢ a. w ., O + ? L (Z) F .D O O T O? !] V1 c I ?. Or I c ? ? E .N za -j 00 M- ?? 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. Mhn eg, LLP DATE: By: uire 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. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 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. THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 DATE: U(? ?U THOMAS J. MIDRANO 51 PEACHY ANN DRIVE NEWVILLE, PA 17241 "Bradford, chmieg, LLP By: Michele M. Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff V. THOMAS J. MIDRANO SUSAN IC. MIDRANO Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7761 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 103 DOUBLING GAP Rt7Al?_ NRWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. c t C'7• DANIEL G. SCHMIEG, ESQUIRg? Attorney for Plaintiff Date: July 24, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold 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. 163970 -`v 'a w w O c? o ? C V] to O A U o PQ a ?xa Uwe ? a 4) a U a a o ? as ? •v as ° zeo O w S?g.S u 5y•Of? 6c ? E ,c o W £0 L6 L 300od1Z WOW a3l1dW . H v 8002 £0 21dV 0 LO8 LWlO ZO OOVZO $ $ 53AA09 A]NLd -? .-... O u ANN N ?? ? C '1i ILK ' 0 •O ? .,.n ? 9 A C O . A Q •a Z , C? Oy '? O '?^p„ C O w E N C 9 C o. g ? ° N v1 00 'd c?q o u P ? ? ? o w M N VE l? M a? ? O y U a > "p at 00 l -p a U x w z? Ca s? p? - u a° w A w s o o W r''a O O y r ai o °' ? O w Z ?? P.o?' k z O x a,? v a? a 4 C,4 vnN p - D O o Quo w ?O a ? o0'" f °? ? A: 1 U a Q °00 a ? 3 i O > a ? q d o g W G?r«V]r N pyO? u 3'A O a i> o o 1w , M Q a,0 z 8w v ? ? O ,? ?' z A U Da "'WW U" S` Ha U - U °z o w Aa.a `m ? tiO z z z -- N M !1 \O l? 00 O? O .~. N M rl u ? U u -:-- CJ" ?} rea c ? ? Cs 1P?"' S ? C} r7 ? 77 a , D ^ JUL z s zons? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas Civil Division vs. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants CUMBERLAND County No. 07-7761 CIVIL TERM RULE AND NOW, this day of q??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. s?sv ta. . ,,," at-7 q 4c,' Rule Returnable edillle rla of ?0^0? ?-r -- rrai? ain Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a?,fedphe. com (26pikc rr-Qt LqjC(. sj??as BY THE COURT J. -"-?THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 THOMAS J. MIDRANO 51 PEACHY ANN DRIVE NEWVILLE, PA 17241 163970 ,+p 11, 1? ?, i :1r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of indicated below. THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 DATE: lv 01 was sent to the following individual on the date THOMAS J. MIDRANO 51 PEACHY ANN DRIVE NEWVILLE, PA 17241 an VMBradfordd,"tscq & chmieg, LLP By: fiche uire Att orney for Plaintiff m cn CO PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC vs. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : CUMBERLAND County THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants No. 07-7761 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 28, 2008. 3. A Rule was entered by the Court on or about July 31, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 6, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 26, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 11' a a qciieg, L L P By: Michele M. Bradford, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 28, 2008. A Rule was entered by the Court on or about July 31, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 6, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 26, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Ip ali anSchmieg, LLP DATE: BY: ichele M. Bradfor , Esquire Attorney for Plaintiff Exhibit "A" JUL 29 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff VS. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 CIVIL TERM RULE AND NOW, this day of 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. ? " ,Zp c ys a Flt.. Ve"I LE-. Rule Returnable TRUE COPY FROM RECOR BY THE COURT In Teo n ny ash , ! hwe unto ad mY t and the l of nld ' at Uffislai_ P ' rw& Ia $ J. ©thoWaFY Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 191.03 . TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordQfedphe.com THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 THOMAS J. MIDRANO 51 PEACHY ANN DRIVE NEWVILLE, PA 17241 163970 Exhibit "B" o p O CT3 -? - 6 5 7 r-, 01 cn CO 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. THOMAS J. MIDRANO SUSAN K. MIDRANO Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 CIVIL TERM Defendants € CERTIF Cif OF SERVICE I hereby certify that a true Vid,.tgr C copy of our Motion to Reassess Damages noting a Rule Return date of was sent to the following individual on the date indicated below. THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 DATE: U . D I -!A ATTORNEY FOR PLAINTIFF an H lin & chmieg, LLP THOMAS J. MIDRANO 51 P_ CHY ANN DRIVE ILLE, PA 17241 By: iche a M. Bradford, squire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: 'n 4&c g, LLP By: C ichele M. B, ire 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. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7761 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. THOMAS J. MIDRANO SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 t 6A Lit THOMAS J. MIDRANO DATE: ?? 51 PEACHY ANN DRIVE NEWVILLE, PA 17241 nan c ieg, LLP By: CMichle ra dford, squire Attorney for Plaintiff C"7 c: W, '=Y ?? `LS ?. ? ? ..- Y y _j ???? "-'? (y: "` 'Al A r - . SEP 0 2 1008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County THOMAS J. MIDRANO SUSAN K. MIDRANO : No. 07-7761 CIVIL TERM Defendants ORDER AND NOW, this g- day of V. K4 , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $89,000.00 Interest Through September 3, 2008 $7,978.72 Per Diem $17.37 Late Charges $419.72 Legal fees $1,675.00 Cost of Suit and Title $1,444.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $351.25 Appraisal/Brokers Price Opinion $540.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance w Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($725.00) Escrow Deficit $3,476.62 TOTAL $104,160.31 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 4, -K4 J. 163970 c 'ld . 3 o? b -?%vt . U) L a - ?QI 1 fps PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 GMAC Mortgage, LLC, 1100 Virginia Drive P.O. Box 8300 Plaintiff VS. Thomas J. Midrano Susan K. Midrano 103 Doubling Gap Road Newville, PA 17241 Defendant(s) Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-7761 Civil Term PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE Plaintiff, GMAC Mortgage, LLC, by, and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the September 3, 2008 Sheriff's sale of the property located at 103 Doubling Gap Road, Newville, PA 17241 and in support thereof avers as follows: 1. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on March 11, 2008. 2. Pursuant to a Writ of Execution issued on April 3, 2008 to enforce the judgment, the mortgaged premise was sold to Plaintiff at the Cumberland County Sheriff's sale held on September3, 2008. PHS # 163970 However, on or about September 3, 2008, Plaintiff notified its counsel to stay the Sheriff's Sale due to pending Loss Mitigation, in order for the Defendant to still reside in the mortgaged property. 4. As such, the Sheriffs sale held on September 3, 2008 was inadvertently conducted while there was a pending Loss Mitigation and Plaintiff's foreclosure action was placed on hold. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the September3, 2008 Sheriff's sale. Date: V, I I A Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: .S? h. Ih J eph P. Schalk, Esquire Attorney for Plaintiff PHS # 163970 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 GMAC Mortgage, LLC, 1100 Virginia Drive P.O. Box 8300 Plaintiff vs. Thomas J. Midrano Susan K. Midrano 103 Doubling Gap Road Newville, PA 17241 Defendant(s) Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-7761 Civil Term PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO SET ASIDE SHERIFF'S SALE 1. FACTUAL BACKGROUND Plaintiff, GMAC Mortgage, LLC, by, and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the September 3, 2008 Sheriff s sale of the property located at 103 Doubling Gap Road, Newville, PA 17241 and in support thereof avers as follows. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on March 11, 2008. Pursuant to a Writ of Execution issued on April 3, 2008 to enforce the judgment, the mortgaged premise was sold to Plaintiff at the Cumberland County Sheriff's sale held on September3, 2008. However, PHS # 163970 on or about September 3, 2008, Plaintiff notified its counsel to stay the Sheriff's Sale due to pending Loss Mitigation, in order for the Defendant to still reside in the mortgaged property. As such, the Sheriff's sale held on September 3, 2008 was inadvertently conducted while there was a pending Loss Mitigation and Plaintiff's foreclosure action was placed on hold. II. LEGAL AUTHORITY A. Settins Aside a Sheriffs Sale Pennsylvania Rule of Civil Procedure 3132 provides the Court with the authority to set aside a Sheriffs sale upon petition of any party, prior to the delivery of the Deed, upon proper cause shown. Merrill Lynch Mortg. Capital vs. Steele, 2004 Pa.Super. 341, 859 A.2d 788 (2004). Bornman v. Gordon, 363 Pa. Super. 607, 611 (1987). In the instant case, the Sheriff has not yet delivered the Deed. In its attached petition, Plaintiff has demonstrated proper cause to set aside the Sheriffs sale. Accordingly, the Court has the authority to set aside the instant Sheriffs sale. Setting aside the Sheriffs sale will not harm any party. Rather, it will benefit all interested parties. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). PHS # 163970 The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. Moreover, it is also clear that the mortgaged property was property of the Defendant and subject to attachment and execution. Therefore, the Plaintiff is entitled to invoke Rule 3118 in support of its motion, and the court has jurisdiction over this matter. C. Equitable Principles This Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504,112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order setting aside its September 3, 2008 Sheriffs sale that was inadvertently conducted while there was a pending Loss Mitigation and Plaintiffs foreclosure action was placed on hold. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the September3, 2008 Sheriff s sale. Date: 9/_J / lbo Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: M Z)wk J eph P. Schalk, Esquire Attorney for Plaintiff PHS # 163970 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: / /) 409 By: 'M k ..SL?S J h P. Schalk, Esquire Attorney for Plaintiff PHS # 163970 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 GMAC Mortgage, LLC, 1100 Virginia Drive P.O. Box 8300 Plaintiff vs. Thomas J. Midrano Susan K. Midrano 103 Doubling Gap Road Newville, PA 17241 Defendant(s) Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-7761 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Set Aside Sheriff s Sale, Brief in Support thereof, proposed Order and Verification was served by regular mail on the following parties on the date indicated below: Thomas J. Midrano 103 Doubling Gap Road Newville, PA 17241 Susan K. Midrano 103 Doubling Gap Road Newville, PA 17241 Date: ?/ ?* Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 By: JLAj24? P AA /,52)r Joseph P. chalk, Esquire Attorney for Plaintiff PHS # 163970 W 4 SF P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, 1100 Virginia Drive P.O. Box 8300 Plaintiff VS. Thomas J. Midrano Susan K. Midrano 103 Doubling Gap Road Newville, PA 17241 Defendant(s) Court of Common Pleas Civil Division Cumberland County No. 07-7761 Civil Term ORDER AND NOW, this day of 2008, upon consideration of Plaintiff's Motion to Set Aside Sheriff s Sale and Defendant's Response thereto, if any, it is hereby: ORDERED and DECREED that Plaintiff s Motion is granted; and ORDERED and DECREED that the September 3, 2008 Sheriffs sale of the property at 103 Doubling Gap Road, Newville, PA 17241 is hereby set aside and the Sheriff is hereby directed to stay the Writ of Execution and return it to the Office of the Prothonotary. PHS # 163970 BY THE COURT: niVIIN WASNN3d f r? 61 •8 WV ZZ 83S 8001 1t9Ui?vrl,:d 3K! da IDM:?D-CTMlJ Distribution List Joseph P. Schalk, Esquire (Counsel for Plaintiff) Phelan Hallinan & Schmieg, LLP 107 N. Front Street, Suite 115 Harrisburg, PA 17101 P: (215) 563-7000 x 7365 F: (717) 234-1549 Email: joseph.schalk@fedphe.com ? Thomas J. Midrano 103 Doubling Gap Road Newville, PA 17241 Susan K. Midrano 103 Doubling Gap Road Newville, PA 17241 ASheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 9/; t ; L/O B - J?, t4 rnzt &c(_ ?i PHS # 163970 GMAC Mortgage, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Thomas J. Midrano and Susan K. Midrano Writ No. 2007-7761 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2008 at 1026 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Thomas J. Midrano and Susan K. Midrano, by making known unto Susan Midrano personally and for her husband, Thomas J. Midrano, at 103 Doubling Gap Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2008 at 1507 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas J. Midrano and Susan K. Midrano located at 103 Doubling Gap Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Thomas J. Midrano and Susan K. Midrano by regular mail to their last known address of 103 Doubling Gap Road, Newville, PA 17241. These letters were mailed under the date of July 2, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is Returned STAYED per letter of request from Attorney Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 25.45 Posting Handbills 30.00 Advertising 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 24.00 Levy 30.00 Surcharge 40.00 Postpone Sale 40.00 Law Journal 527.00 Patriot News 491.48 Share of Bills 17.64 l3?D P ?^- $1,298.07 ? IvJ So Answers: h C.11- I (Y'U BY?. w Real Estate ergeant c L L ?S? Fob al, / GMAC MORTGAGE, LLC Plaintiff, V. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7761 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 ,103 DOUBLING GAP ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name THOMAS J. MIDRANO SUSAN K. MIDRANO Last Known Address (if address cannot be reasonably ascertained, please indicate) 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 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 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 Re nue Service Federated ;'vestors Tower Departmen of Public Welfare TPL Casualty Unit Estate Recovery Program 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 1. 2008 Te? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff i GMAC MORTGAGE, LLC Plaintiff, V. THOMAS J. MIDRANO SUSAN K. MIDRANO Defendant(s). CUMBERLAND COUNTY No. 07-7761 CIVIL TERM April 1, 2008 TO: THOMAS J. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 SUSAN K. MIDRANO 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94,957.11 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 0 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 0 LEGAL DESCRIPTION TRACT 1: ALL that certain tract of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 16, Block No. 3, of Plan of Lots known as Revised Plan of Lots, situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S. E. Landis, April 12, 1914, said Plan of Lots being recorded in the office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. THE SAID for having a frontage of 35 feet on said State Road, TR 233 by 140 feet in depth to a 15-foot alley. Being bounded on the South by Tract No. 2 hereinafter described, and on the North by lands now or formerly of Kenneth R. Lehman. TRACT 2: ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEING part of Lot No. 15 in Block No. 3 of Plan of Lots known as Revised Plan of Lots situate in Newton Township, now North Newton Township, County of Cumberland, Commonwealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S.E. Landis, April 12,1914, said Plan of Lots being recorded in the Office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. BEGINNING at the South West corner of Lot No. 16 (Tract No. 1) on the aforesaid public road; thence in a Southerly direction 15 feet, which is a part of Lot No. 15 to a point in lands formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, now or formerly of Wayne Witmer, thence in an Easterly direction along land formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, nor or formerly of Wayne Witmer, 140 feet to a 15-foot alley; thence in a Northerly direction along said alley, 16 feet to the corner of Lot No. 16 (Tract No. 1); thence in a Westerly direction along Tract No. 1, 140 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Midrano and Susan K. Midrano, husband and wife, by Deed from Doyle R. Strouse and Hwan T. Strouse, husband and wife, dated 06/05/2007, recorded 06/21/2007, in Deed Book 280, page 2884. PREMISES BEING: 103 DOUBLING GAP ROAD, NEWVILLE, PA 17241 PARCEL NO. 30-19-1683-029 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7761 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From THOMAS J. MIDRANO and SUSAN K. MIDRANO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,957.11 L.L.$ 0.50 Interest from 3/11/08 - 9/03/08 (per diem - $15.61) -- $2,762.97 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $205.56 Other Costs $2,333.50 Plaintiff Paid Date: 4/03/08 Prothonot (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 25 On May 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 103 Doubling Gap Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 8, 2008 By: J6 Jm Real Estate Sergeant S Z 'b b g - ddd 8001 V'd X1ifiG i 44183HS Sill osf,, the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14t Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06108 Sworn to and subscva-pbfore me this 20 fday,^?kfgup4, X008 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA NoMW Sed ShWW L. IGUM No" PW* My COMMW oo E*kW Nov. A 2011 Member, PennrAvanle AasodeUm of Nol Red EaAAO Sala No. 25 Writ No. 2007-7761 CMITenn GMAC Mortgage, LLC VS 3Itomas J. MkIrano and Susan K: Midrano Attorney Daniel Schmieg LEGAL DESCRIPTION TRACT 1: ALL , that certain tract of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Townshipof North Newton, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 16, Block No-3, of Plan of Lots known as Revised Plan of Lots, situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, adjoining the ]4o=gh of Newville, as laid out by S. E. Landis, Aptil 12;1914, said Plan of Lots being recorded in the office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No.l, Page 85. THE SAID for having a frontage of 35 feet on said State Road, TR 233 by 140 feet in depth to a 15-foot alley. Being bounded on the South by Tract No. 2 hereinafter described, aW on the North by lands now or formerly of Kenneth R. Lehman. TRACT 2: ALLTHAT CERTAIN piece or parcel of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 231, in the TowosNpof North Newton, Countyof Cumberlandand Commonwealthof Pennsylvania, bounded and described as follows: BEING part of Lot No. 15 in Block No.3 of Plan of Lots known as Revised Plan of Lots situate in Newton Township, now North Newton Township, County of Cumberland, . mmonwealth of Pennsylvania, adjoining the '%orough of Newvik as laid out by S.E. Landis, April 12,1914, said Plan of Lots being recorded J11 the Office for the Recorder of Deeds, in and for Cumbedw! County, Pennsylvania, in Plan Book No.1, Page 85. BEGINNING at the South West caner of Lot No. 16 (Tnut No.1) on the aforesaid public road; thence in a Southerly direction 15 feet, which is a part of Lot No. 15 to a point in lands fmiedy of Cloyd M. MoCalister and Naomi H. McCaliser, his wife, now or formerly of Wayne Witmer, them in an Easterly direction along land formerly of Cloyd M. McCalister and Naomi fL McCalisw, his wife, nor or formerly of Wayne Witmer, 140 feet to a 15-foot alley; thence in a Nottbedy ddectiwn akrog said, alley, 16 feet to the corer ofLot No. 16 (Tract No. 1); thence in a Westerly &mctioa along Tract No. 1; 140 feet to the Place of BEGR01ING. TITLE TU SAID PREM SES IS VESTED IN Thomas L Midnno and Susan K Midrauo, husband and wife, by Deed from Doyle R. Strouse and Hwan T. Sbouse, husband and wife, dated-0frll>511f101, morded 06I21f2007, in Deed Book 280, page 2884. PREMISES BEING: 103 DOUBLING GAPROAD, NEWVHJZ PA17241PARCEL NO.30-19-1683-029 K i 4 QU)t Patriot-Mews Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 07/23/08 07/30/08 08/06/08 Of Ad Sheriff Sale 25 11.13 $14.57 $ 162.16 Sheriff Sale 25 1 11.13 1 $14.57 $ 162.16 Sheriff Sale 25 11.13 $14.57 $ 162.16 Notary Fee I I I I I I 1 $5.00 TOTAL DUE FOR THIS SALE: $ 491.48 JLC PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?W-d ? - Marie Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PublIC CARLISLE BORO, CUMBERLAND COUNTY MV Commlulon Expires Apr 28, 2010 US" 29TA" lei NO. 25 Writ No. 2007-7761 Civil GMAC Mortgage, LLC VS. Thomas J. Midrano and Susan K. Midrano Atty.: Daniel Schmieg LEGAL DESCRIPTION TRACT 1: ALL that certain tract of land with improvements thereon erected, situ-' ate on the East side of Pennsylvania' Township Route 233, in the Town- shp of North Neon, Cued Cdr, Pesnnsylvenia, bounded and denr6ed as mss: SEM Lot No. 16, Block No. 3, of Plan of Lots Wwwn as R rleed Plan of Lots, situate in North Newton Town- ship, Cumberland County, Common- wealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S. E. Landis, April 12, 1914, said Plan of Lots being recorded in the office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. THE SAID for having a frontage of 35 feet on said State Road, TR 233 by 140 feet in depth to a 15-foot alley. Being bounded on the South by Tract No. 2 hereinafter described, and on the North by lands now or formerly of Kenneth R. Lehman. TRACT 2: ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North New- ton, County of Cumberland and Com- monwealth of Pennsylvania, bounded and described as follows: BEING part of Lot No. 15 in Block No. 3 of Plan of Lots known as Revised Plan of Lots situate in Newton Town- ship, now North Newton Township, County of Cumberland, Common- wealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S.E. Landis, April 12, 1914, said Plan of Lots being recorded in the Office for the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. BEGINNING at the South West corner of Lot No. 16 (Tract No. 1) on the aforesaid public road; thence in a Southerly direction 15 feet, which is a part of Lot No. 15 to a point in lands formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, now or formerly of Wayne Witmer, thence in an Easterly direction along land formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, nor or formerly of Wayne Witmer, 14 feet to a 15-foot alley; thence in a Northerly direction alofig said alley, 16 feet to the comer of Lot No. 16 (Tract No. 1); thence in a Westerly direction along Tract No. 1, 140 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Midrano and Susan K. Midrano, husband and wife, by Deed from Doyle R. Strouse and Hwan T. Strouse, husband and wife, dated 06/05/2007, recorded 06/21/2007, in Deed Book 280, page 2884. PREMISES BEING: 103 DOUB- LING GAP ROAD, NEWVILLE, PA 17241. PARCEL NO. 30-19-1683-029.