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HomeMy WebLinkAbout08-4411 PHELAN HALL AN & SCHMIEG, LLP LAWRENCE T. HELAN, ESQ., Id. No. 32227 FRANCIS S. HA LINAN, ESQ., Id. No. 62695 DANIEL G. SCE IEG, ESQ., Id. No. 62205 MICHELE M. B DFORD, ESQ., Id. No. 69849 JUDITH T. ROM NO, ESQ., Id. No. 58745 SHEETAL SHA -JANI, ESQ., Id. No. 81760 JENINE R. DAV Y, ESQ., Id. No. 87077 LAUREN R. TA AS, ESQ., Id. No. 93337 VIVEK SRIVAS AVA, ESQ., Id. No. 202331 JAY B. JONES, SQ., Id. No. 86657 ,-' PETER MULCA Y, ESQ., Id. No. 61791 ANDREW SPIV CK, ESQ., Id. No. 84439 JAIME MCGU ESS, ESQ., Id. No. 90134 ONE PENN CEN ER PLAZA, SUITE 1400 PHILADELPHIA PA 19103 / V V V 182890 GMAC MORT( 1100 VIRGINIE P.O. BOX 8300 FORT WASHY AGE, LLC DRIVE -TON, PA 19034 V. CHRISTOPHER NICHOLE BRO' 105 ROSEMON? NEW CUMBER] AVENUE AND, PA 17070 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ®l- t1g1f el-vt T ?m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 182890 NOTICE You have een sued in Court. If you wish to defend against the claims set forth in the following pages, ?ou must take action within twenty (20) days after this Complaint and Notice are served by enuring 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, ?he case may proceed without you, and a judgment may be entered against you by the Court with?ut 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 SHQULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A THIS OFFICE 1 IF YOU TO PROVIDE' LEGAL SERVI WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE U WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER 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 #: 182890 IS THE FIRST NOTICE THAT YOU HAVE FROM THIS OFFICE, BE ADVISED THAT: ANT TO THE FAIR DEBT COLLECTION CTICES ACT, 15 U.S.C. § 1692 et seq. (1977), (S) MAY DISPUTE THE VALIDITY OF THE OR ANY PORTION THEREOF. IF DEFENDANT(S) SO IN WRITING WITHIN THIRTY (30) DAYS OF OF THIS PLEADING, COUNSEL FOR WILL OBTAIN AND PROVIDE ANT(S) WITH WRITTEN VERIFICATION F; OTHERWISE, THE DEBT WILL BE ASSUMED BE VALID. LIKEWISE, IF REQUESTED WITHIN TY (30) DAYS OF RECEIPT OF THIS PLEADING, FOR PLAINTIFF WILL SEND DEFENDANT(S) NAME AND ADDRESS OF THE ORIGINAL ITOR, IF DIFFERENT FROM ABOVE. LAW DOES NOT REQUIRE US TO WAIT UNTIL END OF THE THIRTY (30) DAY PERIOD WING FIRST CONTACT WITH YOU BEFORE G YOU TO COLLECT THIS DEBT. EVEN THOUGH File #: 182890 LAW PROVIDES THAT YOUR ANSWER TO THIS MPLAINT IS TO BE FILED IN THIS ACTION WITHIN (20) DAYS, YOU MAY OBTAIN AN EXTENSION Of THAT TIME. FURTHERMORE, NO REQUEST WILL MADE TO THE COURT FOR A JUDGMENT UNTIL EXPIRATION OF THIRTY (30) DAYS AFTER YOU VE RECEIVED THIS COMPLAINT. HOWEVER, IF U REQUEST PROOF OF THE DEBT OR THE NAME ADDRESS OF THE ORIGINAL CREDITOR WITHIN THIRTY (30) DAY PERIOD THAT BEGINS UPON RECEIPT OF THIS COMPLAINT, THE LAW UIRES US TO CEASE OUR EFFORTS (THROUGH GATION OR OTHERWISE) TO COLLECT THE DEBT WE MAIL THE REQUESTED INFORMATION TO U. YOU SHOULD CONSULT AN ATTORNEY FOR VICE 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 ESTATE. File #: 182890 I . Plaintiff is 2. 3 4 5 GMAC M RTGAGE, LLC 1100 VIR INIA DRIVE P.O. BOX 300 FORT WASHINGTON, PA 19034 The name() and last known address(es) of the Defendant(s) are: CH MUSTO HER BROWN NICHOLE BROWN 105 ROSE ONT AVENUE NEW CUMBERLAND, PA 17070 who is/are he mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/29/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter escribed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMIN E FOR HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMING FINANC L NETWORK, INC.) wich mortgage is recorded in the Office of the Recorder of CUMBE AND County, in Mortgage Book No. 1998, Page 2593. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage aid assignment(s), if any, are matters of public record and are incorporated herein by reference i 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. The premiss subject to said mortgage is described as attached. The mortga a is in default because monthly payments of principal and interest upon said mortgaged e 04/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, u on failure of mortgagor to make such payments after a date specified by written notice sent Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 182890 6. The 7. If the ing amounts are due on the mortgage: P incipal Balance $161,521.74 I terest $4,167.54 0 /01/2008 through 07/22/2008 Attorney's Fees $1,250.00 C ulative Late Charges $160.26 06/29/2007 to 07/22/2008 Cost of Suit and Title Search 550.00 S btotal $167,649.54 Credit ($337.47) Deficit $0.00 Subtotal $337.47 TOTAL $167,312.07 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 ees 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 he event the property is sold to a third party purchaser at Sheriffs Sale, or if the compl xity of the action requires additional fees in excess of the amount demanded in the 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a ischarge of personal liability in a bankruptcy proceeding, this Action of Mortgage oreclosure 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 #: 182890 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergenc? 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 Defen ant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notic 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 Pe sylvania Housing Finance Agency. 10. This actin does not come under Act 6 of 1974 because the original mortgage amount exceeds $ 0,000. WHEREFORE, P AINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $167,312.07, t gether with interest from 07/22/2008 at the rate of $30.42 per diem to the date of Judgment, and and sale of the costs and charges collectible under the mortgage and for the foreclosure property. PHELAN HALLINAN & SCHMIEG, LLP By: c / • LA REN E T. PHEL N, ESQUIRE F NCI S. HALLINAN, ESQUIRE D NIE G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ES JAY B. JONES, ESQUIRE ?/?r?_ PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 182890 LEGAL DESCRIPTION ALL THAT of Cumberland to wit: AIN lot or tract of ground situate in the Borough of New Cumberland, County State of Pennsylvania, more particularly bounded and described as follows, BEGINNING at point on the eastern line of Rosemont Avenue, on the dividing line between Lots Nos. 6 and 7 Block 'E', on the hereinafter mentioned Plan of Lots; thence in an easterly direction along sad dividing line 100 feet to a point; thence in a southerly direction 50 feet to a point on the divid ng line between Lots Nos. 7 and 8, Block 'E' on said Plan of Lots; thence in a westerly direction in a northerly dire of BEGINNING. along said last mentioned dividing line 100 feet to Rosemont Avenue; thence ion along the eastern line of Rosemont Avenue 50 feet to the point or place BEING Lot No. 7 Block 'E' as shown on Plan No. 5, Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 64. HAV G thereon erected a one story frame dwelling house, No. 105 Rosemont Avenue, New Cumberland, Pennsylvania. PARCEL NO. 25-5-0006-403 PROPERTY G: 105 ROSEMONT AVENUE File #: 182890 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the ju isdiction of the Court and/or the verification could not be obtained within the time allow d 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 i Mortgage Foreclosure are based upon information supplied by Plaintiff and are true an correct to the best of my knowledge, information and belief. Furthermore, The of 18 Pa.C.S. E nsel intends to substitute a verification from Plaintiff upon receipt. signed understands that this statement is made subject to the penalties 4904 relating to unsworn falsifications to authorities. tome for Pla' DATE: ,7' n ? cv v -T I y:lr.: {?J l? c 16. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS BROWN CHRISTOPHER ET AL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROWN CHRISTOPHER the DEFENDANT at 0018:15 HOURS, on the 28th day of July , 2008 at 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 by handing to CHRISTOPHER BROWN DEFENDANT 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 7/3ilN 18.00 17.00 .00 10.00 .00 45 . 00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/29/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff of A. D. CASE NO: 2008-04411 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS BROWN CHRISTOPHER ET AL STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROWN NICHOLE the DEFENDANT , at 0018:15 HOURS, on the 28th day of July , 2008 at 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 CHRISTOPHER BROWN by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 71 /10 00 v/16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/29/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff of , A. D. • c 1 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorne for Plaintiff By: //??,, ?? Francis S. Hallinan, Esquire Date: ilU? U ? ??? PHS #: 182890 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC VS. CHRISTOPHER BROWN NICHOLE BROWN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff Defendant(s) CIVIL DIVISION NO. 08-4411-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: CHRISTOPHER BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070-2050 NICHOLE BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070-2050 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Bv: Francis S. Hallinan, Esquire Date: 1 VERIFICATION \so Jeffrey Stephan I nwited Signing Off 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 t orities. ?Q N DATE: itle: Jeffrey Stephan Limited Signing Officer Company: GMAC MORTGAGE, LLC Loan: 0474285459 File #: 182890 coo 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 110 VIRGINIA DRIVE P.O. BOX 8300 V. Plaintiff, CHRISTOPHER BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070-2050 NICHOLE BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070-2050 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-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 CHRISTOPHER BROWN and NICHOLE BROWN, 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 $167,312.07 Interest from 07/23/2008 to 09/11/2008 $1,551.42 TOTAL $168,863.49 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. SCHMIE?/ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9//5 PR PRO 182890 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 110 VIRGINIA DRIVE Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-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 CHRISTOPHER BROWN is over 18 years of age and resides at, 105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070-2050. (c) that defendant NICHOLE BROWN is over 18 years of age, and resides at, 105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070-2050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?C.?l??i -off` ?z DANIEL G. SCHM , ESQUIRE Attorney for Plaintiff PHELAN HALLMAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLMAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC V. Plaintiff CHRISTOPHER BROWN NICHOLE BROWN Defendant(s) TO: NICHOLE BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070-2050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4411-CIVIL TERM CUMBERLAND COUNTY DATE OF NOTICE: August 20, 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170J3 (717) 249,-U66 PHS # 182890 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA., SUITE 1400 PHILADELPHIA, PA 19103 (215) -563-7000 GMAC MORTGAGE, LLC V. Plaintiff CHRISTOPHER BROWN NICHOLE BROWN TO: CHRISTOPHER BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070-2050 Defendant(s) DATE OF NOTICE: August 20, 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4411-CIVIL TERM CUMBERLAND COUNTY fi , Cumberland Coumar Association 32 South ford Street Carl' e, PA 17013 17) 249-3166 Legal Assistant PHS # 182890 D ??^ N ' z (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 110 VIRGINIA DRIVE Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-CIVIL TERM Defendant(s). DANIEL G. SC G, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 8 . B lkas&z -4, y: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). No. 084411-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/12/2008 TO 3/4/2009 (per diem -$27.76) $168.863.49 $ 4,830.24 TOTAL Note: Please attach description of property. $175,447.23 DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 182890 wd O? d? a? a? z ?w off U? p0 V aA o? V? xw Z" V R+ N 0 0 d a A d W U W z z W O z ? W p a O eo 60 a? HQ ?° w F ; ?W ? ? ? p a O 0? p? ? o z V a v 4, p? w a 0 su C. -n f 7m Ch b 0 o 5"' r; : {' w . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-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: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff f 70 N ? W GMAC MORTGAGE, LLC Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-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 ,105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name CHRISTOPHER BROWN NICHOLE BROWN Last Known Address (if address cannot be reasonably ascertained, please indicate) 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. September 30, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff N tf7 -C GMAC MORTGAGE, LLC Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). CUMBERLAND COUNTY No. 08-4411-CIVIL TERM September 30, 2008 TO: CHRISTOPHER BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 NICHOLE BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 "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, 105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff s Sale on 3/4/2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $168.863.49 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 Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 • DAVE: 9/30/2008 GMAC MORTGAGE, LLC VS. CHRISTOPHER BROWN NICHOLE BROWN TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): CHRISTOPHER BROWN NICHOLE BROWN PROPERTY: 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Improvements: Residential dwelling Judgment Amount: $168,863.49 CUMBERLAND COUNTY NO. 084411-CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 3/4/2009, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Rosemont Avenue, on the dividing line between Lots Nos. 6 and 7, Block 'E', on the hereinafter mentioned Plan of Lots; thence in an easterly direction along said dividing line 100 feet to a point; thence in a southerly direction 50 feet to a point on the dividing line between Lots Nos. 7 and 8, Block 'E' on said Plan of Lots; thence in a westerly direction along said last mentioned dividing line 100 feet to Rosemont Avenue; thence in a northerly direction along the eastern line of Rosemont Avenue 50 feet to the point or place of BEGINNING. BEING Lot No. 7, Block 'E' as shown on Plan No. 5, Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 64. HAVING thereon erected a one story frame dwelling house, No. 105 Rosemont Avenue, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Christopher Brown and Nichole Brown, h/w, by Deed from Estate of William B. Sharar, dated 06/29/2007, recorded 07/05/2007 in Book 280, Page 4119 PREMISES BEING: 105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 PARCEL NO. 25-5-0006-403 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From CHRISTOPHER BROWN and NICHOLE BROWN (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 $168,863.49 L.L.$ 0.50 Interest from 9112/08 to 3/04/09 (per diem - $27.76) -- $4,830.24 Atty's Comm % Due Prothy $2.00 Atty Paid $180.00 Plaintiff Paid Date: 10/01/08 (Seal) Other Costs rothonota By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE, LLC / No. 08-4411-CIVIL TERM DEFENDANT(S) CHRISTOPHER BROWN NICHOLE BROWN ACCT. #182890 SERVE CHRISTOPHER BROWN AT: Type of Action 105 ROSEMONT AVENUE - Notice of Sheriffs Sale NEW CUMBERLAND, PA 17070 Sale Date: 3/4/2009 SERVED Served and made known to CUJd r sfif Defendant, on the day of 0.2 ? 2009' at o'clock 14m., at /0d' Qescjror-7" l ? - 1?Ct4? Qw ?e - 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: Description: Agee Height Selo Weight 1161 Race 4/ Sex `4 Other 1, /.'-' L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, iss in the captioned case on the date and at the address indicated above. ae d subscribed Kenneth Kenneth W. Baker bfore is 4"-- day of , 200 ? - 19 Bisbee Drive Burlington NJ 08016 ° By: 509-52b-4231 A T SERVICE AT EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public State of New Jersey NOT SERVED PATRICIA E. HARRIS q3n gesion Expires JJu of 16, 2013 200 y at o'clock _.m., Defendant NOT FOUND because: Moved - - Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200. Notary: Vacant 2°d Attempt: / / Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - T.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 r#'# .. F.W.. AFFIDAVIT OF SERVICE PLAR1TIFF • GMAC MORTGAGE, LLC DEFENDANT(S) CHRISTOPHER BROWN NICHOLE BROWN SERVE NICHOLE BROWN AT: 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 SERVED CUMBERLAND COUNTY No. 08-4411-CIVIL TERM ACCT. #182890 Type of Action - Notice of Sheriffs Sale Sale Date: 3/4/2009 Served and made known to /U/e'.1111L 14X112,-_ Defendant, on the Yom' day of 02,7. 12001 at l.'a n , o'clock /°.m., at Ids , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. /f _K Adult family member with whom Defendant(s) reside(s). Name and Relationship is Mv's ?f-? C C?. f .ern ???? 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 34 3-r Height S'149 Weight asp Race W Sex /+- Other I, _ /, Ae , 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 .;,?ileth W. C.can :? before-mp this '1'' day 19 Bisbee Drive of.200tr: Burlington NJ 08016 No By: 608-52b-4231 /A? TT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE I Notary Public ATTEMPTED. State of New Jersey PATRICIA F. HARRIS NOT SERVED commission Expires June 16, 2013 On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: ! ! Time: 3rd Attempt: i / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 02 )_- /65- t:d 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 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County CHRISTOPHER BROWN No. 08-4411-CIVIL TERM NICHOLE BROWN PHS# 182890 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. r Date: November 25, 2008 Francis S. Hallinan Attorney for Plaintiff r `' 41 ? r GMAC Mortgage, LLC VS Christopher Brown & Nichole Brown In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4411 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing Poundage Law Library Prothonotary Levy Mileage Surcharge So Answers: R. Thomas Kline, Sheriff BY Real Estate ergeant 30.00 299.05 .50 2.00 15.00 17.00 30.00 $393.55 ? /?? ?1°? ?'" C?2. 4 -7, GMAC MORTGAGE, LLC Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4411-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER BROWN NICHOLE BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. September 30, 2008 DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, V. CHRISTOPHER BROWN NICHOLE BROWN Defendant(s). CUMBERLAND COUNTY No. 08-4411-CIVIL TERM September 30, 2008 TO: CHRISTOPHER BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 NICHOLE BROWN 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 "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 ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 170' is scheduled to be sold at the Sheriffs Sale on 3/4/2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $168.863.49 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 Sheriff s 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 DATz:• 9/30/2008 GMAC KORTGAGE, LLC VS. CHRISTOPHER BROWN NICHOLE BROWN TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): CHRISTOPHER BROWN NICHOLE BROWN PROPERTY: 105 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Improvements: Residential dwelling Judgment Amount: $168,863.49 CUMBERLAND COUNTY NO.08-4411-CIVII, TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriff s Sale on 3/4/2009, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Rosemont Avenue, on the dividing line between Lots Nos. 6 and 7, Block 'E', on the hereinafter mentioned Plan of Lots; thence in an easterly direction along said dividing line 100 feet to a point; thence in a southerly direction 50 feet to a point on the dividing line between Lots Nos. 7 and 8, Block 'E' on said Plan of Lots; thence in a westerly direction along said last mentioned dividing line 100 feet to Rosemont Avenue; thence in a northerly direction along the eastern line of Rosemont Avenue 50 feet to the point or place of BEGINNING. BEING Lot No. 7, Block 'E' as shown on Plan No. 5, Rosemont Addition to the Borough of New Cumberland., said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 64. HAVING thereon erected a one story frame dwelling house, No. 105 Rosemont Avenue, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Christopher Brown and Nichole Brown, h/w, by Deed from Estate of William B. Sharar, dated 06129/2007, recorded 07/05/2007 in Book 280, Page 4119. PREMISES BEING: 105 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 PARCEL NO. 25-5-0006-403 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From CHRISTOPHER BROWN and NICHOLE BROWN (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 $168,863.49 L.L.$ 0.50 Interest from 9/12/08 to 3/04/09 (per diem - $27.76) - $4,830.24 Atty's Comm % Due Prothy $2.00 Atty Paid $180.00 Plaintiff Paid Date: 10/01/08 (Seal) Other Costs Prothono 43 By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 1 Supreme Court ID No. 62205 Real Estate Sale #10 On October 30, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough., Cumberland County, PA Known and numbered as 105 Rosemont Ave., New Cumberland more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 30, 2008 By: e , Real Es a Sergeant