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HomeMy WebLinkAbout08-0639PHELAN 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 R. 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 170953 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 639 Civet (m,, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170953 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 #: 170953 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 #: 170953 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 #: 170953 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: ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/23/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR USAA FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1922, Page: 129. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 170953 6 The following amounts are due on the mortgage: Principal Balance $135,747.97 Interest $3,417.00 09/01/2007 through 01/28/2008 (Per Diem $22.78) Attorney's Fees $1,250.00 Cumulative Late Charges $211.90 08/23/2005 to 01/28/2008 Cost of Suit and Title Search 550.00 Subtotal $141,176.87 Escrow Credit ($696.27) Deficit $0.00 Subtotal 696.27 TOTAL $140,480.60 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170953 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $140,480.60, together with interest from 01/28/2008 at the rate of $22.78 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 HAILDUAl & CH-MIEG, LLP By: v FRANCIS S. HA L AN QUIRE (,-DANIEL 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 #: 170953 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE VILLAGE OF PLAINFIELD, WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE ROAD, PA ROUTE NO. 641; THENCE ALONG THE EASTERN SIDE OF AN ALLEY THROUGH AN IRON PIN AT THE SIDE OF SAID ROAD, NORTH 4 DEGREES 30 MINUTES EAST, A DISTANCE OF 213.01 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF THE CHURCH OF GOD CEMETERY; THENCE ALONG THE LATTER, SOUTH 78 DEGREES 45 MINUTES EAST, A DISTANCE OF 80.5 FEET TO AN IRON PIN AT THE CORNER OF LAND NOW OR FORMERLY OF VICTOR R. NOAKER; THENCE ALONG THE LATER AND THEN BY LAND NOW OR FORMERLY OF ROBERT GRAVER, THROUGH AN IRON PIN AT THE SIDE OF SAID STATE ROAD, SOUTH 5 DEGREES WEST, A DISTANCE OF 212.36 FEET TO A POINT IN THE CENTER OF SAID STATE ROAD; THENCE ALONG THE LATTER, NORTH 79 DEGREES 4 MINUTES WEST, A DISTANCE OF 78.58 FEET TO A POINT, THE PLACE OF BEGINNING. BEING DESCRIBED ACCORDING TO A SURVEY PREPARED BY WILBUR H. CLIFTON, R.S., DATED JUNE 15, 1977. Parcel/Tax I.D. #: 46-18-1394-013 BEING known as: 73 West Main Street, Plainfield, PA 17081 File #: 170953 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. Attorney for-Plaind ff - scum DATE: 1- Z$- b -D 0 O O 00 b a h z x o r C ' ..l ge a Vic, M SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00639 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS RIGALI ANNEMARIE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RIGALI ANNEMARIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 3 ROBIN DRIVE , RIGALI ANNEMARIE NOT FOUND , as to CARLISLE, PA 17015 RESIDENT OF OVER 7 YEARS NEVER HEARD OF DEFENDANT. Sheriff's Costs: Docketing Service Not Found Surcharge dJ/z)p8 ?- answers: So 6.00 4.80 5.00 R. homas Kline 10.00 Sheriff of Cumberland County .00- 25.80 PHELAN HALLINAN SCHMIEG 02/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00639 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS RIGALI ANNEMARIE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RIGALI GREGG M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , RIGALI GREGG M NOT FOUND , as to 3 ROBIN DR CARLISLE, PA 17015-9294 RESIDENT OF OVER 7 YEARS NEVER HEARD OF DEFENDANT. Sheriff's Costs: Docketing Service Not Found Surcharge ? pa /o r So answers: 6.00 .00 - 5.00 R. T mas Kline 10.00 Sheriff of Cumberland County .00 ,-"21.00 PHELAN HALLINAN SCHMIEG 02/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS RIGALI ANNEMARIE ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIGALI ANNEMARIE the DEFENDANT , at 1530:00 HOURS, on the 6th day of February-, 2008 at 73 WEST MAIN STREET PLAINFIELD, PA 17081 by handing to ANDREW BRIGGS, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ;//'/Of go, 18.00 5.76 .00 10.00 00 ?- So Answers: Sworn and Subscibed to before me this day of , r R. Thomas Kline 02/07/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS RIGALI ANNEMARIE ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIGALI GREGG M the DEFENDANT at 1530:00 HOURS, on the 6th day of February-, 2008 at 73 WEST MAIN STREET PLAINFIELD, PA 17081 by handing to ANDREW BRIGGS, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge -2 jlva ).,,., 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/07/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff A. D. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC CUMBERLAND COUNTY 1100 VIRGINIA DRIVE P.O. BOX 8300 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-639 CIVIL TERM ANNEMARIE RIGALI GREGG M. RIGALI Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on MtAA.Av /,2,, 200 Z _ By: If you have any questions concerning this matter, please contact: c n ?, . n n DANIEL G. SCHMIEG, ESQTAN Attorney for Plaintiff ONE PENN CENTER AT SUBU ATION 1617 JOHN F. KENNEDY BLV , 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, 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, ANNEMARIE RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-639 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 ANNEMARIE RIGALI and GREGG M. RIGALI, 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 $140,480.60 Interest from 01/29/2008 to 03/11/2008 $979.54 TOTAL $141,460.14 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. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATEDAOTHY DATE: a `?`?` PROP 0? 4 170953 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff Vs. ANNEMARIE RIGALI GREGG M. RIGALI Defendants TO: ANNEMARIE RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 DATE OF NOTICE: FEBRUARY 27, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant CIVIL DIVISION CUMBERLAND COUNTY NO. 08-639-CIVIL TERM PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff Vs. ANNEMARIE RIGALI GREGG M. RIGALI Defendants TO: GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 DATE OF NOTICE: FEBRUARY 27 2008 CIVIL DIVISION CUMBERLAND COUNTY NO. 08-639-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 Jason Ricco, Legal 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, ANNEMARIE RIGALI GREGG M. RIGALI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-639 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 ANNEMARIE RIGALI is over 18 years of age and resides at, 73 WEST MAIN STREET, PLAINFIELD, PA 17081. (c) that defendant GREGG M. RIGALI is over 18 years of age, and resides at, 73 WEST MAIN STREET, PLAINFIELD, PA 17081. 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 ?u Q (vA V o V ' W O o? t? ?r Y N 4 N N O T J Tj M PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 G4AC Mortgage, LLC Plaintiff VS. Annemarie Rigali Gregg M. Rigali Defendant (s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-639 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. Rx" ancis S. Hallinan, J quire Attorney for Plaintiff Dated: 3/31/08 J-- 4 N lne V,,,IOUI RIFICATION Circled SigningCer hereby states that he/she is 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 undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Loan:0702083988 U'.&- O _ a I?-IwVIv Name: Title: N*e Moon Umk Signing Officer Company: GMAC MORTGAGE, LLC File #: 170953 1/ I4 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. Annemarie Rigali Gregg M. Rigali Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-639 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: Annemarie Rigali 73 West Main Street Plainfield, PA 17081 Gregg M. Rigali 73 West Main Street Plainfield, PA 17081 Fr cis S. Hallinan, Esquire Attorney for Plaintiff Dated: 3/31/08 '? P? ) -.:; ? ? 'r' ---? ";7 t C?.J ._, . '?,? ., r .'P .. ? t t`") ?-:? ., I -Ar -0- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. No. 08-639 CIVIL TERM ANNEMARIE RIGALI GREGG M. RIGALI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,460.14 Interest from 3/12/08 to 9/3/08 $4,092.00 and Costs (per diem -$23.25) Add'l Costs $1,803.50 TOTAL $147,355.64 D-ANIEL G. SCHMIEG, ESQUIRP" One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170953 w? 0 Wa az zz 0 W O? 00 ?zzA Od W xW H? U F DO 00 -S ;? L 04 w H O 5 L7 FBI W? t7 a V V O r" ? 00 00 0 0 dd as A A Wa W W ? HH U W W WW a ?? ti ? W y ? ? w, ? O ? c'a z z :o x o ?w ? y} O ?M V a w ? " 5ti -? C -t ad p S W 3 "TJ T? 0 0 0 p g V - . ? - s 0 0 ,r• LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Road, PA Route No. 641; thence along the eastern side of an alley through an iron pin at the side of said Road, North 4 degrees 30 minutes East, a distance of 213.01 feet to an iron pin on the line of land now or formerly of the Church of God Cemetery; thence along the latter, South 78 degrees 45 minutes East, a distance of 80.5 feet to an iron pin at the corner of land now or formerly of Victor R. Noaker; thence along the latter and then by land now or formerly of Robert Graver, through an iron pin at the side of said state road, South 5 degrees West, a distance of 212.36 feet to a point in the center of said state road; thence along the latter, North 79 degrees 4 minutes West, a distance of 78.58 feet to a point, the Place of BEGINNING. CONTAINING 0.386 acres, more or less. BEING described according to a survey prepared by Wilbur H. Clifton, R.S., dated June 15, 1977. HAVING erected thereon a dwelling known as 73 West Main Street, Plainfield, Pennsylvania 17081. BEING the same premises which MICHAEL LEE JUMPER and SONDRA LOU JUMPER, his wife, granted and conveyed to JONATHAN J. IRWIN and DEBORAH J. PURNELL, single persons, by deed dated April 28, 1995, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 121, Page 759. The said Deborah J. Purnell since intermarried with Jonathan J. Irwin and is now known as DEBORAH J. IRWIN. PARCEL IDENTIFICATION NO: 46-18-1394-013, CONTROL #: 46001615 TITLE TO SAID PREMISES IS VESTED IN Gregg M. Rigali and Annemarie Rigali, his wife, by Deed from Jonathan J. Irwin and Deborah J. Purnell, now by marriage Deborah J. Irwin, his wife, dated 04/21/2003, recorded 04/24/2003, in Deed Book 256, page 3479. PREMISES BEING: 73 WEST MAIN STREET, PLAINFIELD, PA 17081 PARCEL NO. 46-18-1394-013 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. . ANNEMARIE RIGALI GREGG M. RIGALI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-639 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. LPG.C G, ESQUIRA Attorney for Plaintiff n n,, rl?f ' Ica. ?. 7 ;"1 ^z',3 i-rt T'r -?c GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ANNEMARIE RIGALI CIVIL DIVISION GREGG M. RIGALI . NO. 08-639 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 ,73 WEST MAIN STREET, PLAINFIELD, PA 17081. 1. Name and address of Owner(s) or reputed Owner(s): Name ANNEMARIE RIGALI GREGG M. RIGALI Last Known Address (if address cannot be reasonably ascertained, please indicate) 73 WEST MAIN STREET PLAINFIELD, PA 17081 73 WEST MAIN STREET PLAINFIELD, PA 17081 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: 1 Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 73 WEST MAIN STREET PLAINFIELD, PA 17081 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 16, 2008 C DATE DANIEL G. SCHMIEG, Attorney for Plaintiff _ r? ,a C-D GMAC MORTGAGE, LLC Plaintiff, V. ANNEMARIE RIGALI GREGG M. RIGALI Defendant(s). : _ _CUMBERLAND COUNTY No. 08-639 CPAEL TERM April 16, 2008 TO: ANNEMARIE RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. * * Your house (real estate) at, 73 WEST MAIN STREET, PLAINFIELD, PA 17081, 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 $141,460.14 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 ALL THAT CERTAIN lot of ground situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Road, PA Route No. 641; thence along the eastern side of an alley through an iron pin at the side of said Road, North 4 degrees 30 minutes East, a distance of 213.01 feet to an iron pin on the line of land now or formerly of the Church of God Cemetery; thence along the latter, South 78 degrees 45 minutes East, a distance of 80.5 feet to an iron pin at the corner of land now or formerly of Victor R. Noaker; thence along the latter and then by land now or formerly of Robert Graver, through an iron pin at the side of said state road, South 5 degrees West, a distance of 212.36 feet to a point in the center of said state road; thence along the latter, North 79 degrees 4 minutes West, a distance of 78.58 feet to a point, the Place of BEGINNING. CONTAINING 0.386 acres, more or less. BEING described according to a survey prepared by Wilbur H. Clifton, R.S., dated June 15, 1977. HAVING erected thereon a dwelling known as 73 West Main Street, Plainfield, Pennsylvania 17081. BEING the same premises which MICHAEL LEE JUMPER and SONDRA LOU JUMPER, his wife, granted and conveyed to JONATHAN J. IRWIN and DEBORAH J. PURNELL, single persons, by deed dated April 28, 1995, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 121, Page 759. The said Deborah J. Purnell since intermarried with Jonathan J. Irwin and is now known as DEBORAH J. IRWIN. PARCEL IDENTIFICATION NO: 46-18-1394-013, CONTROL #: 46001615 TITLE TO SAID PREMISES IS VESTED IN Gregg M. Rigali and Annemarie Rigali, his wife, by Deed from Jonathan J. Irwin and Deborah J. Purnell, now by marriage Deborah J. Irwin, his wife, dated 04/21/2003, recorded 04/24/2003, in Deed Book 256, page 3479. PREMISES BEING: 73 WEST MAIN STREET, PLAINFIELD, PA 17081 PARCEL NO. 46-18-1394-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-639 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORGTGAGE, LLC, Plaintiff (s) From ANNEMARIE RIGALI and GREGG M. RIGALI (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 $141,460.14 L.L.$ 0.50 Interest from 3/12/08 to 9/03/08 (per diem - $23.25) - $4,092.00 and Costs Atty's Comm % Atty Paid $215.56 Plaintiff Paid Date: 4/17/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,803.50 3 LgtQ- Pnotary By: Deputy 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 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) ANNEMARIE RIGALI GREGG M. RIGALI SERVE ANNEMARIE RIGALI AT: 73 WEST MAIN STREET PLAINFIELD, PA 17081 SERVED CUMBERLAND COUNTY No. 08-639 CIVIL TERM ACCT. #170953 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 Served and made known to _aij,ve mkAE Put-( , Defendant, on the 74n day of A 204, at _ 5:3 9 , o'clock ?.m., at 33 Wrmy A%tm Sraki-,T /'-1111 r , &i b , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is ?G wN.). 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 _S Height L5 ". Weight 2,00 Race W Sex* Other I, PITW2P0 LL- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this -7 day of200_& Nota By: PL ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED On the _ NNEO? f PUBLIC 200, at o'clock in., Defendant NOT FOUND because: N1 IAIS8tON j gWOMW20%Answer Vacant 1 "' Attempt: Time: 2nd Attempt: I / Time: 3rd Attempt: Time: Sworn to and subscribed Attornev 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{-7 to 1? C'? c?^? t W:) ;, ? ' {T f, --r der -., T. _. i" i? , .. 1.. ? _ f %'.'.^ r ?._.. ; AFFIDAVIT OF SERVICE I4vk1fq `1FF GMAC MORTGAGE, LLC DEFENDANT(S) ANNEMARIE RIGALI GREGG M. RIGALI SERVE GREGG M. RIGALI AT: 73 WEST MAIN STREET PLAINFIELD, PA 17081 CUMBERLAND COUNTY No. 08-639 CIVIL TERM ACCT. #170953 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 SERVED Served and made known to (?7C - ??LI , Defendant, on the - ?! day of 4W , 200,k, at 51. 3$ , o'clock r in., at -73 WP_S% A-lN Smar 7?-4 r-(E0 , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: f a Description: Aged Height Weight 12m Race W Sex?(/? / " 1 Other I, P_b_"4-L.D AD LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 7_ day of , 200'. Notary: By: p6l? 440--" P EASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY W1'*0MIVS3IOli*X 200, at Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: / / Time: 1.7 Sworn to and subscribed before me this day of 1200. Notary: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 76 Z C ? , i i ? . 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 ANNEMARIE RIGALI No. 08-639 CIVIL TERM GREGG M. RIGALI 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 January 30, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on March 12, 2008 in the amount of $141,460.14. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf' since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $135,747.97 Interest Through September 3, 2008 $8,382.90 Per Diem $22.78 Late Charges $508.56 Legal fees $1,250.00 Cost of Suit and Title $1,054.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $118.58 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($309.54) Escrow Deficit $3,084.06 TOTAL $149,926.53 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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. h I a mieg, LLP DATE: ? By: M -.he le . Bradford, squire 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. ANNEMARIE RIGALI ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County GREGG NI. RIGALI No. 08-639 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ANNEMARIE RIGALI and GREGG M. RIGALI 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 73 WEST MAIN STREET, PLAINFIELD, PA 17081. 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. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rein, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 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. ,r DATE: By: CP ' a & c ieg, LLP . Bradfod, 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 R. 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 170953 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 Defendants C L° b it 17E T? _> ?"?7 0 c?a -< ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6% 1039 Ci v,-( term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTOSE R}ETUR Y P Ve hereby certify t4he within to he a true and correct copy of the rigina( filed of recore File #: 170953 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 #: 170953 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 #: 170953 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 #: 170953 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: ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/23/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR USAA FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1922, Page: 129. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 170953 6. The following amounts are due on the mortgage: Principal Balance $135,747.97 Interest $3,417.00 09/01/2007 through 01/28/2008 (Per Diem $22.78) Attorney's Fees $1,250.00 Cumulative Late Charges $211.90 08/23/2005 to 01/28/2008 Cost of Suit and Title Search $550.00 Subtotal $141,176.87 Escrow Credit ($696.27) Deficit $0.00 Subtotal 696.27 TOTAL $140,480.60 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170953 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $140,480.60, together with interest from 01/28/2008 at the rate of $22.78 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 HALL NAN & cCHMIEG, LLP v By: FRANCIS S. HA L AN QUIRE DANIEL 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 #: 170953 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE VILLAGE OF PLAINFIELD, WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE ROAD, PA ROUTE NO. 641; THENCE ALONG THE EASTERN SIDE OF AN ALLEY THROUGH AN IRON PIN AT THE SIDE OF SAID ROAD, NORTH 4 DEGREES 30 MINUTES EAST, A DISTANCE OF 213.01 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF THE CHURCH OF GOD CEMETERY; THENCE ALONG THE LATTER, SOUTH 78 DEGREES 45 MINUTES EAST, A DISTANCE OF 80.5 FEET TO AN IRON PIN AT THE CORNER OF LAND NOW OR FORMERLY OF VICTOR R. NOAKER; THENCE ALONG THE LATER AND THEN BY LAND NOW OR FORMERLY OF ROBERT GRAVER, THROUGH AN IRON PIN AT THE SIDE OF SAID STATE ROAD, SOUTH 5 DEGREES WEST, A DISTANCE OF 212.36 FEET TO A POINT IN THE CENTER OF SAID STATE ROAD; THENCE ALONG THE LATTER, NORTH 79 DEGREES 4 MINUTES WEST, A DISTANCE OF 78.58 FEET TO A POINT, THE PLACE OF BEGINNING. BEING DESCRIBED ACCORDING TO A SURVEY PREPARED BY WILBUR H. CLIFTON, R.S., DATED JUNE 15, 1977. Parcel/Tax I.D. #: 46-18-1394-013 BEING known as: 73 West Main Street, Plainfield, PA 17081 File #: 170953 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. i Attorney for i (2'Z DATE: l Z$- a 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 Plaintiff, V. ANNEMARIE RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 PLEASE RETU8N CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-639 CIVIL TERM ATTOP PLE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: v? ? ? ?rr? -r0 CP -0 1 A ?m i N) Kindly enter an in rem judgment in favor of the Plaintiff and against ANNEMARIE RIGALI and GREGG M. RIGALI, 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 $140,480.60 Interest from 01/29/2008 to 03/11/2008 $979.54 TOTAL $141,460.14 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. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ?/PWQf I P PRO 170953 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 July 18, 2008 ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 Representing 1, i,?, Pennsylvania and RE: GMAC MORTGAGE, LLC vs. ANNEMARIE RIGALI and GREGG M. RI[( Premises Address: 73 WEST MAIN STREET PLAINFIELD, PA 17081 CUMBERLAND County CCP, No. 08-639 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reas and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seekal; . concurrence with the requested relief that is, increasing the amount of the judgment. P! 3 respond to me within 5 days, by Wednesday, July 23, 2008. Should you have further questions or concerns, please do not hesitate to coni:1A{: Otherwise, please be guided accordingly. }, o ai r el r dfor , Esquire Esquire For Phelan Hallman & Schmieg, LLP Enclosure ?. 2 s en =? J v U G . t 7 J C ? 6 1 3003dIZ W02l.J 031111VY + n W s i e ooz s L -inr o Los Lztiooo v oftlo $ M zo ; v <p_ f14a --l, S-AMOM NSW AOUM ® ?! • Y N ? . ® ? t) W X N O ^7 V C y W ' FI C O O T - . C ro i Q _n ?O C.? ! ?y b ? p N 0 C ? ? " ? r C ' C O W E N t,(l. O C O C T V) -9 ?3' a Er, $ O -o C o v ? Q? (,7? ? ? v Fo 0 v A p p Q Q E ?? Q Z 1 O T NF O ` p 0. M 4 V] ae .,.a ? Fi1 ? O W W 00 ; a Z > a ? 0 0 r t? c `? x x ?v O N r1 V' vi o _?? N M V Vl 10 l- 00 Q? F P. J VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: By: Vel g, LLP Michele Muire 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. ANNEMARIE RIGALI GREGG M. RIGALI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-639 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. ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 ANNEMARIE RIGALI 3 ROBIN DRIVE CARLISLE, PA 17015 DATE: U Ua? ANNEMARIE RIGALI GREGG M. RIGALI PO BOX 85 PLAINFIELD, PA 17081 mieg, LLP By: Michele M. Brad rd, Esquire Attorney for Plaintiff • t.MAC MORTGAGE, LLC Plaintiff, V. ANNEMARIE RIGALI . GREGG M. RIGALI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-639 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE. LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,73 WEST MAIN STREET, PLAINFIELD, PA 17081. 1. Name and address of Owner(s) or reputed Owner(s): Name ANNEMARIE RIGALI GREGG M. RIGALI Last Known Address (if address cannot be reasonably ascertained, please indicate) 73 WEST MAIN STREET PLAINFIELD, PA 17081 73 WEST MAIN STREET PLAINFIELD, PA 17081 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 '/. 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 Us Treasury Dept. of Pittsburgh US Dept. Of Justice US Atty. For the Middle District of PA 73 WEST MAIN STREET PLAINFIELD, PA 17081 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 1000 Liberty Ave. Rm 808 Pittsburg, PA 15222 Federal Building P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 unswornfalsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff SALE DATE: SEPTEMBER 3, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC No.: 08-639 CIVIL TERM VS. ANNEMARIE RIGALI GREGG M. RIGALI AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 73 WEST MAIN STREET, PLAINFIELD. PA 17081. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHIVIIEG, E Attorney for Plaintiff j July 24, 2008 i4 t z N p oo v a c,. r" 0 C ?y z W N n.. ry' !? "?! 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ANNEMARIE RIGALI, GREGG M. RIGALI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-0639 CIVIL ORDER OF COURT AND NOW, this 31St day of July, 2008, upon consideration of the Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendants will file an answer to this petition on or before August 19, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. By the Court, "Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ZA..neMarie Rigali ?Gregg M. Rigali bas 120P ? as 11 M. L. Ebert, Jr., Y ? 9 q _Z r'd 1- 0rl ?Z 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 X215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs. ANNEMARIE RIGALI GREGG M. RIGALI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-639 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 August 19, 2008 was sent to the following individual on the date indicated below. ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 ANNEMARIE RIGALI 3 ROBIN DRIVE CARLISLE, PA 17015 DATE: D ANNEMARIE RIGALI GREGG M. RIGALI PO BOX 85 PLAINFIELD, PA 17081 P li Schmieg, LLP By: chele M. Bradfor , squire Attorney for Plaintiff ? ra ? c? ? ....? -r_; ?: es? y Jj ?? R . ,? _ ?`. ?. _ . " J' C.. .:L, ?r ? y?l? ? ' _ '+C ? s-+ 4?.? 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. ANNEMARIE RIGALI GREGG M. RIGALI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-639 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 7, 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 19, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. a ieg, LLP DATE: By: Micsquire 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. ANNEMARIE RIGALI GREGG M. RIGALI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-639 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 7, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 19, 2008. 3 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. i S ieg, LLP DATE: By: is ele M. Bradfor , Esquire Attorney for Plaintiff Exhibit "A" GMAC MORTGAGE CORPORATION Plaintiff v. ANNEMARIE RIGALI, GREGG M. RIGALI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-0639 CIVIL ORDER OF COURT AND NOW, this 31' day of July, 2008, upon consideration of the Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendants will file an answer to this petition on or before August 19, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. By the Court, M. L. Ebert, Jr., 1111 Cl s` Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner AnneMarie Rigali Gregg M. Rigali bas X)p Y O=,-fl wq,vref, ! Iwo U110 set ray haunt Exhibit "B" PHELAN HALLINAN &'', SCHMIEG, LLP by: Michele M. Bradford,' Esquire Atty. I.D. No. 69849 One Penn Center, Suite 14100 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff K vs. ANNEMARIE RIGALI GREGG CUMBERLAND County M. KIGALI No. 08-639 CIVIL TERM Defendants ??G® C R TION OF SERVICE I hereby certify thot a true Wd correct copy of our Motion to Reassess Damages noting a Rule Return date of August 19, 2008 was sent to the following individual on the date indicated below. ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 ANNEMARIE RIGALI 3 ROBIN DRIVE CARLISLE, PA 17015 DATE: ANNEMARIE RIGALI GREGG M. RIGALI PO BOX 85 ?LAINFIELD, PA 17081 P li Schmieg, LLP By: chele M. Bradfor , squire Attorney for Plaintiff C C= U O z Fn c o C =D - q'i CD n 0 - C' ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division 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 1$ Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: :4a I O h A*n8J-,Schmieg, LLP By: Michele M. Bradfo , Esquire Attorney for Plaintiff 3 PHELAN HALLINAN & $1CHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. ANNEMARIE RIGALI GREGG M. RIGALI Defendants CUMBERLAND County No. 08-639 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. ANNEMARIE RIGALI GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 ANNEMARIE RIGALI 3 ROBIN DRIVE CARLISLE, PA 17015 DATE: ANNEMARIE RIGALI GREGG M. RIGALI PO BOX 85 PLAINFIELD, PA 17081 1 an c ieg, LLP By: nMiichhe e . radford, Esquire Attorney for Plaintiff LIZ 5 AUG 2 6 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County ANNEMARIE RIGALI GREGG M. RIGALI No. 08-639 CIVIL TERM Defendants ORDER AND NOW, this day of S Oft*(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 $135,747.97 Interest Through September 3, 2008 $8,382.90 Per Diem $22.78 Late Charges $508.56 Legal fees $1,250.00 Cost of Suit and Title $1,054.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $118.58 Private Mortgage Insurance 3 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($309.54) Escrow Deficit $3,084.06 TOTAL $149,926.53 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT I*J. 170953 3 M_Ni,^ 7> 1 .9 WV C- d3S 00OZ ?'av'rt ?c4 'Nl KU COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 17TH day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 639, at the suit of GMAC MTG LLC against ANNEMARIE RIGALI & GREGG M is duly recorded as Instrument Number 200831969. IN TESTIMONY WHEREOF, I have heunto set my hand and seal of said office this day of A.D. 0-07- of Deeds r+aooidAF a Oo84 cw*wrkW County, Card.. PA ?1y Corrunusior, ExpW$ uw Fins Monday of Jan. 2010 GMAC Mortgage, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Annemarie Rigali and Gregg M. Rigali Writ No. 2008-639 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 0951 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: Annemarie Rigali and Gregg M. Rigali, by making known unto Gregg Rigali, for himself and for Annemarie Rigali, at 73 West Main Street, Plainfield, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 17, 2008 at 1531 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 Annemarie Rigali and Gregg M. Rigali located at 73 West Main Street, Plainfield, 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: Annemarie Rigali and Gregg M. Rigali by regular mail to their last known address of 73 West Main Street, Plainfield, PA 17081. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae, of 1900 Market Street Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,140.00. Sheriff s Costs: Docketing $30.00 Poundage 22.35 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 12.00 Levy 15.00 Surcharge 30.00 Law Journal 443.00 Patriot News 415.01 Share of Bills Distribution of Proceeds 25.00 Sheriff s Deed 17.64 39.50 $ 1,140.00 ? C#^ 9]?1) /af ,,?- Gs' By e' R. Thomas Kline, Sheriff BY t ? Real Estate S? geant K GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ANNEMARIE KIGALI CIVIL DIVISION GREGG M. RIGALI NO. 08-639 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE. LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,73 WEST MAIN STREET. PLAINFIELD. PA 17081. 1. Name and address of Owner(s) or reputed Owner(s): Name ANNEMARIE RIGALI GREGG M. RIGALI Last Known Address (if address cannot be reasonably ascertained, please indicate) 73 WEST MAIN STREET PLAINFIELD, PA 17081 73 WEST MAIN STREET PLAINFIELD, PA 17081 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: 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 Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 73 WEST MAIN STREET PLAINFIELD, PA 17081 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. April 16, 2008 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, V. ANNEMARIE RIGALI GREGG M. RIGALI Defendant(s). . _ _ _CUMBERLAND COUNW. No. 08-639 CIVIL TERM April 16, 2008 TO: ANNEMARIE RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 GREGG M. RIGALI 73 WEST MAIN STREET PLAINFIELD, PA 17081 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATTON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 73 WEST MAIN STREET, PLAINFIELD, PA 17081, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3,2L08 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,460.14 obtained by GMAC MORTGAGE. LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION' ALL THAT CERTAIN lot of ground situate in the Village of Plainfield, West Pennsboro.Township,. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Road, PA Route No. 641; thence along the eastern side of an alley through an iron pin at the side of said Road, North 4 degrees 30 minutes East, a distance of 213.01 feet to an iron pin on the line of land now or formerly of the Church of God Cemetery; thence along the latter, South 78 degrees 45 minutes East, a distance of 80.5 feet to an iron pin at the corner of land now or formerly of Victor R. Noaker, thence along the latter and then by land now or formerly of Robert Graver, through an iron pin at the side of said state road, South 5 degrees West, a distance of 212.36 feet to a point in the center of said state road; thence along the latter, North 79 degrees 4 minutes West, a distance of 78.58 feet to a point, the Place of BEGINNING. CONTAINING 0.386 acres, more or less. BEING described according to a survey prepared by Wilbur H. Clifton, R.S., dated June 15, 1977. HAVING erected thereon a dwelling known as 73 West Main Street, Plainfield, Pennsylvania 17081. BEING the same premises which MICHAEL LEE JUMPER and SONDRA LOU JUMPER, his wife, granted and conveyed to JONATHAN J. IRWIN and DEBORAH J. PURNELL, single persons, by deed dated April 28, 1995, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 121, Page 759. The said Deborah J. Purnell since intermarried with Jonathan J. Irwin and is now known as DEBORAH J. IRWIN. PARCEL IDENTIFICATION NO: 46-18-1394-013, CONTROL #: 46001615 TITLE TO SAID PREMISES IS VESTED IN Gregg M. Rigali and Annemarie Rigali, his wife, by Deed from Jonathan J. Irwin and Deborah J. Purnell, now by marriage Deborah J. Irwin, his wife, dated 04/21/2003, recorded 04/24/2003, in Deed Book 256, page 3479. PREMISES BEING: 73 WEST MAIN STREET, PLAINFIELD, PA 17081 PARCEL NO. 46-18-1394-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-639 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORGTGAGE, LLC, Plaintiff (s) From ANNEMARIE RIGALI and GREGG M. RIGALI (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 $141,460.14 L.L.$ 0.50 Interest from 3/12/08 to 9/03/08 (per diem - $23.25) - $4,092.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $215.56 Other Costs $1,803.50 Plaintiff Paid Date: 4/17/08 Proth otary (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 # 35 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 73 West Main Street, Plainfield, more fully described on Exhibit "A" filed with this writ and by this reference CE incorporated herein. C L Date: May 13, 2008 By: Real Estat Sergeant S Z :8 V I Z ddtl 8001 .GAWPS 31- i ?u 33133C (Nil 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. Marie Covni Editor SW 3RN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My COMMINIM Expires Apr 28, 2010 PAM& n am" 11®. so Writ No. 2008-639 Civil GMAC Mortgage, LLC VS. Annemarie Rigali and Gregg M. Rigali Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of Wind situate in the VW'W of ld, . , slumber= land Cmwty, Amnsylvania, bmuWe d and deacrflad as foams: BEGINNING at a point in the cen- ter of the State Road, PA Route No. 641; thence along the eastern side of an alley through an iron pin at the side of said Road, North 4 degrees 30 minutes East, a distance of 213.01 feet to an iron pin on the line of land now or formerly of the Church of God Cemetery; thence along the latter, South 78 degrees 45 minutes East, a distance of 80.5 feet to an iron pin at the corner of land now or formerly of Victor R. Noaker; thence along the latter and then by land now or for- merly of Robert Graver, through an iron pin at the side of said state road, South 5 degrees West, a distance of 212.36 feet to a point in the center of said state road; thence along the latter, North 79 degrees 4 minutes West, a distance of 78.58 feet to a point, the Place of BEGINNING. CONTAINING 0.386 acres, more BEING described according to a survey prepared by Wilbur H. Clifton, R.S., dated June 15, 1977. HAVING erected thereon a dwell- ing known as 73 West Main Street, Plainfield, Pennsylvania 17081. BEING the same premises which MICHAEL LEE JUMPER and SON- DRA LOU JUMPER, his wife, granted and conveyed to JONATHAN J. IR- WIN and DEBORAH J. PURNELL, single persons, by deed dated April 28, 1995, and recorded in the Cum- berland County Recorder of Deeds Office in Deed Book 121, Page 759. The said Deborah J. Purnell since intermarried with Jonathan J. Irwin and is now known as DEBORAH J. IRWIN. PARCEL IDENTIFICATION NO: 46-18-1394-013. CONTROL #: 46001615. TITLE TO SAID PREMISES IS VESTED IN Grr? M. Rig*h and Anrmarrie Ri?kh, hta we, by Dead from Jonathan i. ir`;Wn and Deborah J. Purl, rwr by morrimp Deborah J. Irwin, his wife, dated 04/ 21/2003, recorded 04/24/2003, in Deed Book 256, page 3479. PREMISES BEING: 73 WEST MAIN STREET, PLAINFIELD, PA 17081. PARCEL NO. 46-18-1394-013. or less. -pww*www t'ie Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE thtPaftiot 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: Thst 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 Patrio-:-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 t 08/06108 . . . . . . an s--. . . .'tea . . . . . . . . . . . . . . . . . . . . . . . Sworn to aiac?Xwbscribed before TTe 20 d9 of August, 2008 A. D. Notary COMMONWEALTH OF P NNSYLVANW No?1 Seal SheaM L. K bw, Notary Pubic Cky My Ca mNNk,nj:yWNov 26, 1 Member, P9nne*W1@ Aeft latlon of NoWrWe Real Estate Sale No. 35 Writ No. 2008-839 Civil Term GMAC Mortgage, LLC VS Annemarie Rigali and Gregg M. Rigali Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Villageof Plainfield, WestPennshoroTownship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Road, PA Route No. 641; thence along the eastern side of an alley through an iron pin at the side of said Road, North 4 degrees 30 minutes East, a distance of 213.01 feet to an iron pin on the line of land now or formerly of the Church of God Cemetery; thence along the latter, South 78 degrees 45 minutes East, a distance of 80.5 feet to an iron pin at the comer of land now or formerly of Victor R Noaker; thence along the latter and then by land now or formerly of Robert Graver, through an iron pin at the side of said state road, South 5 degrees West, a distance of 212.36 feet to a point in the center of said state road; thence along the latter, North 79 degrees 4 minutes West, a distance of 78.58 feet to a point, the Place of BEGINNING. CONTAINING 0.386 acres, more or less. BEING described according to a survey prepared by Wilbur H. Clifton, RS., dated June 15,1977. HAVING erected thereon a dwelling known as 73 West Main Street, Plainfield, Pennsylvania17081. BEING the same premises which MICHAEL LEEJUMPER and SONDRA LOU JUMPER, his wife, granted and conveyed to JONATHAN J. IRWIN and DEBORAH J. PURNELL, single persons, by deed dated April 28, 1995, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 121, Page 759. The said Deborah J. Purnell since intermarried with Jonathan J. Irwin and is now known as DEBORAH J. IRWIN. PARCEL IDENTIFICATION NO: 46-18-1394- 013, CONTROL #: 46001615 TITLE TO SAID PREMISES IS VESTED IN Gregg M. Rigali and Annemarie Rigali, his wife, by Deed from Jonathan J. Irwin and Deborah J. ?Itmiell, now by marriage Deborah J. Irwin, his wife, dated 04/21/2003, recorded 04124/2003, in Deed Book 256, page 3479. PREMISES BEING: 73 WEST MAINSTREET, KAINFIELD, PA17081PARCEL NO. 46-18- 1394-013