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HomeMy WebLinkAbout08-1901 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. L)8- (q01 nivil (arm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 164162 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff DENNIS F. BISHOP 341 WALTON STREET LEMOYNE, PA 17043 File #: 164162 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 #: 164162 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 #: 164162 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 #: 164162 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DENNIS F. BISHOP 341 WALTON STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/2006 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: 1948, Page: 675. 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 05/01/2007 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 #: 164162 6 The following amounts are due on the mortgage: Principal Balance $135,695.80 Interest $8,508.30 04/01/2007 through 03/24/2008 (Per Diem $23.70) Attorney's Fees $1,250.00 Cumulative Late Charges $243.70 04/17/2006 to 03/24/2008 Cost of Suit and Title Search 550.00 Subtotal $146,247.80 Escrow Credit $0.00 Deficit $787.54 Subtotal $787.54 TOTAL $147,035.34 7. 9 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 parry 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. The mortgage premises are vacant and abandoned. File #: 164162 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $147,035.34, together with interest from 03/24/2008 at the rate of $23.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP /1/)A z ? ak, By: r LA NCE T. PHELAN, ESQUIRE 602 F CIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 164162 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at corner of lands now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. 1 A as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 degrees East, 50 feet to a point in lands now or formerly of Terry L. Volovski et ux; thence along lands now or formerly of Volovski and lands now or formerly of Karen Fortenbaugh South 43 degrees East, 270.60 feet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning. BEING known as 341 Walton Street, Lemoyne, PA as set forth on plan of Donald E. Fawber as Lot No. 1, prepared by Biscon Land Surveying Co., Inc. and recorded in Cumberland County Plan Book 70, page 16. BEING THE SAME PREMISES which Ricky E. Miller by Deed dated June 1, 2004 and recorded June 3, 2004 in the Cumberland County Recorder of Deeds Office in Deed Book 263, File #: 164162 Page 1777, granted and conveyed to Charles C. Lepley and Stephanie S. Lepley, the grantors herein. PREMISES: 341 WALTON STREET PARCEL: 12-22-0822-206 File #: 164162 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. 4%Zey?-for Plain iff 626 9 r DATE: 2? Ohs 3 J R 00 Ul W -?. r -.. :7 -7j -? T T Od ' 07 r.? 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01901 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS BISHOP DENNIS F 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 BISHOP DENNIS F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 341 WALTON STREET LEMOYNE, PA 17043 -?41 wATTON STREET IS VACANT Sheriff's Costs: Docketing 18.00 Service 15.00 Not Found 5.00 Surcharge 10.00 .00 '? 48.00 So answers i R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/09/2008 Sworn and Subscribed to before me this day of T T nTT^T1 T'%7"KTTTT L" V NOT FOUND , as to A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01901 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS BISHOP DENNIS F R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BISHOP DENNIS F but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 9th , 2008 , this office was in receipt of the attached return from FRANKLIN . Sheriff's Costs: So answers• .._- Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Franklin Co 38.05 Sheriff of Cumberland County Postage .97 64.02 ? L?> bP 06/09/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania GMAC Mortgage LLC vs. Dennis F. Bishop Now, March 26, 2008 hereby deputize the Sheriff of No. 08-1901 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, ?1,2 120_Q8 , at O F3 7 o'clock t4q- M. served the within ce In o RI- upon at / D Sheriff of Cumberland County, PA R4 M el5P- _5 7.2 0Q) by handing to /7 <</71 a C Fly ,'Fr F? copy of the original C' ?m/`??? . and made known to #""-1 the contents thereof. So answers, Px, v TY Sheriff of j--A4AJ6L, County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT CASE NO: 2008-00064 T SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN GMAC MORTGAGE LLC C?m?Ak'*'S?.rc` ? vr1' d ? U<3- 1901 Cw?? VS DENNIS F BISHOP WILLIAM M KAUFFMAN Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon BISHOP DENNIS F the DEFENDANT , at 0909:37 Hour, on the 10th day of April 2008 at 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 DENNIS F BISHOP by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 nn Sworn and Subscribed to before me this ?S day of A. D. So Answers: WILLIAM KAUFFMAN By puty Sheriff 05/28/2008 PHELAN HALLINAN & SCHMIEG Richard D. McCarty, NOINY Public Chamba*n Boro, Frm"Coin; PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1901-CIVIL TERM DENNIS F. BISHOP 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 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 DENNIS F. BISHOP, 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 $147,035.34 Interest from 03/25/2008 to 07/08/2008 $2,512.20 TOTAL $149,547.54 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. t i DANIEL G. SC IEG, QUIRE Attorney for Plaintiff /70 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: yQ PRO PROTHY ?q 164162 ?" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, v. DENNIS F. BISHOP Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1901-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 DENNIS F. BISHOP is over 18 years of age and resides at, 1039 LINCOLN WAY WEST, CHAMBERSBURG, PA 17202. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;L G. SCHMIEG, Attorney for Plaii (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, v. DENNIS F. BISHOP Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1901-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2000. v By: r???.f DEPUT If you have any questions concerning this matter, please contact: ?f DANIEL G. SC IEG SQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff Vs. : CIVIL DIVISION : CUMBERLAND COUNTY DENNIS F. BISHOP Defendants TO: DENNIS F. BISHOP 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 DATE OF NOTICE: JUNE 18, 2008 NO. 08-1901-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 -09 '19-! 4-1 le Or T? 4. v t F . ,r F C t w u# ?, PQ AFFIDAVIT OF SERVICE PL 'O N 1'I>! F GMAC MORTGAGE, LLC DE FFNDANT(S) DENNIS F. BISHOP SYR `'E DENNIS F. BISHOP AT: 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 CUMBERLAND COUNTY No. 08-1901-CIVIL TERM ACCT. #164162 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 n SERVED / Seri d and made known to ?J S , S V? J P Defendant, on the _ [ y day of kQi-?t-,A 200 at V_; . o'clock4.m., at 03 to ? N wat uesk C^2 KA ?jf"WK ' Commonwealth of Pennsylvania, in the manner described below: _ )(Defendant personally served. --Adult family member with whom Defendant(s) reside(s). Name and Relationship is_ A dult 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:- _. Age Height Weight /00 Race W Sex Other ?"c /, G- MkY '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 S the captioned case on the date and at the address indicated above. . msdit .. and subscribed INCMt! N. CAM eforc? t1; ' a dY, befor me this day NOW NMC of _Av U_,A__, 200_6 xaa By: l .LV SE ATTEMPT SERVI AT LEAST 3 TIMES. INDICATE Tl NOT SERVED '??-? Yee day of & TIMES OF SERVICE ATTEMPTED. 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 p vim .4 usaw DO ? vow" y- ? s it" w !gip cz) PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. DENNIS F. BISHOP No. 08-1901-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $149,547.54 Interest from 7/9/08 TO 12/10/08 $3,809.90 and Costs (per diem -$24.58) Add'1 Costs $3,372.50 TOTAL $156,729.94 DANIEL G. SCHMIEG, ESQUI 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. 164162 d Od da a? a? O? Oz OV ?z Od W? H? a W d H O V U a O w z w O U W ? w? 0 V o W oa V a Q U C5 Y Y Y r t4 to ?'' ry N 0 N d a a w d x U 3 d 3 a 1° U a z"+ i o ? M d o r-. -o u. N b d v c? R C? J b v 10 'Itt a 42 ri M J f? LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at corner of lands now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. 1 A as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 degrees East, 50 feet to a point in lands now or formerly of Terry L. Volovski et ux; thence along lands now or formerly of Volovski and lands now or formerly of Karen Fortenbaugh South 43 degrees East, 270.60 feet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Dennis F. Bishop, single man, by Deed from Charles C. Lepley and Stephanie S. Lepley, husband and wife, dated 04/17/2006, recorded 04/26/2006, in Deed Book 274, page 1009. PREMISES BEING: 341 WALTON STREET, LEMOYNE, PA 17043 PARCEL NO. 12-22-0822-206 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. DENNIS F. BISHOP Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1901-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: (164162) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? ? ? G ? `? ..-? ,•; i-? ? i -? _rt ?, ? i? + Y: ,. \ ? , _. . ??r v ^G'. s Viz,.` °t .t "?i G.3"? :?-?- ?? GMAC MORTGAGE, LLC V. Plaintiff, DENNIS F. BISHOP Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1901-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,341 WALTON STREET, LEMOYNE, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS F. BISHOP 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Stephanie Lepley P.O. Box 621 Charles Lepley Camp Hill, PA 17001-0621 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) Patriot Federal Credit Union 800 Wayne Avenue Chambersburg, PA 17201 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 A- ? '*%- 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 341 WALTON STREET LEMOYNE, PA 17043 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 author' ' July 15, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? t. ?' ,--? ??, ?'? ?: ? _ " ? ? ..' - ? _ _ --C _...? ; w? GMAC MORTGAGE, LLC Plaintiff, V. DENNIS F. BISHOP Defendant(s). CUMBERLAND COUNTY No. 08-1901-CIVIL TERM July 15, 2008 TO: DENNIS F. BISHOP 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 "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 ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 341 WALTON STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $149,547.54 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. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION I ALL THAT CERTAIN tract of land in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at corner of lands now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. IA as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 degrees East, 50 feet to a point in lands now or formerly of Terry L. Volovski et ux; thence along lands now or formerly of Volovski and lands now or formerly of Karen Fortenbaugh South 43 degrees East, 270.60 feet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Dennis F. Bishop, single man, by Deed from Charles C. Lepley and Stephanie S. Lepley, husband and wife, dated 04/17/2006, recorded 04/26/2006, in Deed Book 274, page 1009. PREMISES BEING: 341 WALTON STREET, LEMOYNE, PA 17043 PARCEL NO. 12-22-0822-206 r-> = C'? ?, r t?= , ? ,-? _- ? ..? ? -j , ?. ., r ;-t ' t? _? ..._'. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1901 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC., Plaintiff (s) From DENNIS F. BISHOP (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 $149,547.54 L.L. $.50 Interest FROM 7/9/08 TO 12/10/08 (PER DEIM - $24.58) - $3,809.90 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $231.02 Plaintiff Paid Date: SEPTEMBER 3, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Other Costs ADD'L COSTS - $3,372.50 --r' ..J Supreme Court ID No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff V. DENNIS F. BISHOP Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1901-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 341 WALTON STREET, LEMOYNE, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 4 DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in h absence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 164162 txt 1 r4 1 en I wr 1 411 1 %0 1 C+ 1 40 ,?+ ? ?» ra ? •pr ' v1 czti -"- cry COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veteran Affairs Secretary is the grantee the same having been sold to said grantee on the 4 day of February A.D., 2009, under and by virtue of a writ Execution issued on the 3 day of September, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1901, at the suit of GMAC Mortgage LLC against Dennis F Bishop is duly recorded as a'009056:? 0- Instrument Number IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o1) day of A.D. 0-?0U / Re rder of Deeds R*= , i c: DzA z, G r arid County. CarL,4, PA My COMM43W Exp+r®t" Fist Monday of Jan. 2010 GMAC Mortgage, LLC VS Dennis F. Bishop In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1901 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Dennis F. Bishop, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. FRANKLIN COUNTY RETURN: And Now, September 22, 2008 at 1640 hours served the within Real Estate Writ, Notice of Sale and Description upon Dennis F. Bishop by making known unto Dennis Bishop personally 1039 Lincoln Way West, Chambersburg, PA 17201 its contents and at the same time handing to him a true and correct copy of the same. So answers: Dane Anthony, Sheriff of Franklin County, Pennsylvania. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0851 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 Dennis F. Bishop, located at 401- 341 Walton Street, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Dennis F. Bishop, by regular mail to his last known address of 1039 Lincoln Way West, Chambersburg, PA 17201. This letter was mailed under the date of November 4, 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 February 4, 2009 at 10:00 o'clock A.M., He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Secretary of Veterans Affairs, An Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, An Officer of the United States of America, of 1000 Liberty Avenue, Pittsburgh, PA 15222 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,091.86 Sheriffs Costs: Docketing $30.00 Poundage 21.41 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 16.00 Levy 15.00 Surcharge 20.00 Out of County 9.00 Franklin Co 100.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 324.53 Share of Bills 14.92 (y 4 ? 1.7 l t -3-4 y a ? f?1 Distribution of Proceeds Sheriffs Deed 25.00 50.50 $1,091.86 ? ???oq So Answers: R. Thomas Kline, Sheriff Real Estate Coordinator Gam' `ApA a 5V s. /? 0819`1 lCc c,, J'd /'1' J t _ V ' C1 YI. VV .7 JI GMAC MORTGAGE, LLC Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS DENNIS F. BISHOP CIVIL DIVISION Defendant(s). NO. 08-1901-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,341 WALTON STREET, LEMOYNE, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS F. BISHOP 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Stephanie Lepley P.O. Box 621 Charles Lepley Camp Hill, PA 17001-0621 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) Patriot Federal Credit Union 800 Wayne Avenue Chambersburg, PA 17201 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 b. Nam,p 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 341 WALTON STREET LEMOYNE, PA 17043 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 author' ' July 15, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff i GMAC MORTGAGE, LLC Plaintiff, V. CUMBERLAND COUNTY No. 08-1901-CIV EL TERM DENNIS F. BISHOP Defendant(s). July 15, 2008 TO: DENNIS F. BISHOP 1039 LINCOLN WAY WEST CHAMBERSBURG, PA 17202 "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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 341 WALTON STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $149,547.54 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. 10 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 4CERTAIN tract of land in the Borough of Lemoyne, County of Cumberland and Commqnwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at corner of lands now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. IA as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 degrees East, 50 feet to a point in lands now or formerly of Terry L. Volovski et ux; thence along lands now or formerly of Volovski and lands now or formerly of Karen Fortenbaugh South 43 degrees East, 270.60 feet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Dennis F. Bishop, single man, by Deed from Charles C. Lepley and Stephanie S. Lepley, husband and wife, dated 04/17/2006, recorded 04/26/2006, in Deed Book 274, page 1009. PREMISES BEING: 341 WALTON STREET, LEMOYNE, PA 17043 PARCEL NO. 1.2-22-0822-206 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1901 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC., Plaintiff (s) From DENNIS F. BISHOP (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 $149,547.54 L.L. $30 Interest FROM 7/9/08 TO 12/10/08 (PER DEIM - $24.58) - $3,809.90 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $231.02 Other Costs ADD'L COSTS - $3,372.50 Plaintiff Paid Date: SEPTEMBER 3, 2008 I __- Cuffis R. Long, Prothonotary (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #66 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 341 Walton Street, Lemoyne more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: S?U? ?. Real Es a Sergeant 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: October 31, November 7 and November 14, 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. rie Coyne, Edito SWORN"TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FA AL ice.; TS GALL 00. " Writ No. 2008-1901 Civil GMAC Mortgage, LLC VS. Dennis F. Bishop Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at corner of lands now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. 1A as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 depoes East, 50 feet to a point in Is*& now or formerly of Term L. Vvk"ki et ux; thence along lands now or formerly of Volovski and U aft lyt' w or formerly of Karen Fortenbaugh South 43 degrees East, 270.60 feet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Dennis F. Bishop, single man, by Deed from Charles C. Lepley and Stephanie S. Lepley, husband and wife, dated 04/17/2006, re- corded 04/26/2006, in Deed Book 274, page 1009. PREMISES BEING: 341 WALTON STREET, LEMOYNE, PA 17043. PARCEL NO. 12-22-0822-206. • The Patriot-News Co. '812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patrl"otmXews 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 ,,,worn to pn1d jb, cribed before a axis 25 ay gf'November, 2008 A.D. Not Public COMMONWEAL FH OF 'eNNSYLVAIVdk No an Sherrie L.i5 ner; ?lutrary Public City Of tiamsnurr4, Dauphin Courrty My Commission E. epires Nov. 26, 2011 Member ?enrasuivar,i? ?;c?riatjon'n"i - nlotarie Real E MO Sob No. 66 Writ No. 2008-1901 CWH Tian GMAC Mortgage, LLC VS Dennis F. Bishop Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at comer of lands now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. 1 A as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees. 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 degrees East, 50 feet to a point in lands now or formerly of Terry L. Volovski et ux; thence along lands now or formerly of %lovski and lands now or formerly of Karen FoAenbaugh South 43 degrees East. 270.60 feet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning.. TITLE TO SAID PREMISES IS VESTED IN Dennis F. Bishop, single man, by Deed from Charles C. Lepley and Stephanie S. Lepley, husband and wife, dated 04/17/2006, recorded 04/2612006, in Deed Book 274, page 1009. PREMISES BEING: 341 WALTON STREET, LEMOYNE, PA 17043 PARCEL NO. 12-22- 0822-206 cje patriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-6237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 10/29/08 Sheriff Sale 66 7.31 $14.57 $ 106.51 11/05/08 Sheriff Sale 66 7.31 $14.57 $ 106.51 11/12/08 Sheriff Sale 66 7.31 $14.57 $ 106.51 Notary Fee I I I I $5.00 TOTAL DUE FOR THIS SALE: $ 324.53 JLC