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HomeMy WebLinkAbout08-5005PHELAN 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 ? JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 184956 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. LISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. bg - 5oo5 civil Tu'h CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 184956 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 #: 184956 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 File N: 184956 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 184956 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: LISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/29/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK,INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735641. The 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 05/01/2008 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 #: 184956 6. The following amounts are due on the mortgage: Principal Balance $123,689.44 Interest $3,379.60 04/01/2008 through 08/19/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $41.90 08/29/2007 to 08/09/2008 Cost of Suit and Title Search 550.00 Subtotal $128,910.94 Escrow Credit ($832.30) Deficit $0.00 Subtotal 832.30 TOTAL $128,078.64 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 184956 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,078.64, together with interest from 08/19/2008 at the rate of $24.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. 0(311 L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL 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, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 184956 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING AT AN iron pin at or near the center of the public road leading from the highway between Carlisle and Harrisburg and known as Route No. 11 to Sherrett's Gap; thence by land now or formerly of John gross, South 73 degrees West 127.5 feet to a point; thence by land now or formerly of Paul O. Sunday South 37 degrees 40 minutes East 119.5 feet to a point; thence by lands now or formerly of Wilbur White North 57 degrees East 119.5 feet to a point at or near the center of the aforesaid public road; thence by the center of said public road North 37 degrees West 82.5 feet to an iron pin, the place of beginning. BEING the same premises which Keith E. Miller, by Deed dated March 2, 2007 and recorded March 5, 2007 in Cumberland County Record Book 278, Page 4944, granted and conveyed unto KWF, Inc., in fee. COUNTY PARCEL #: 21-17-2696-13 PROPERTY ADDRESS: 40 NORTH MIDDLESEX ROAD File 4: 184956 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.RC.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 I$ Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. ttorney for Plaintiff 1 p 13 DATE: 2-16) -CA ? "t ? rya ,?, ?1 ?- -?+ ?' ? V m?r: c.°.. ?? ? s . . , _ '-,` 3 ..:i ? ?. -r ??.A f..... ? i.-n; ?n L `_? .? C?.} SHERIFF'S RETURN - REGULAR CASE NO: 2008-05005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS LEWIS LISA WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEWIS LISA the DEFENDANT , at 1137:00 HOURS, on the 6th day of September, 2008 at 6185 HAYMARKET WAY MECHANICSBURG. PA 17050 LISA LEWIS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.00 Affidavit .00 Surcharge 10.00 .00 ?lllr?oP ?•- ? 27.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/08/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05005 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS LEWIS LISA 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 LEWIS LISA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LEWIS LISA 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 .00 q/1116 P ??. 3 8. 0 0 So ans Sworn and Subscribed to before me this day of A. D. - Thomas Kline ri f of Cumberland County HALLINAN SCHMIEG 08/2008 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05005 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS LEWIS LISA 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 LEWIS LISA but was unable to locate Her in his bailiwick. He therefore returns the /'(IAQT)T T TATT mnnm unov the within named DEFENDANT 142 PEACH LANE CARLISLE, PA 17015 LEWIS LISA NOT FOUND , as to DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 9/!//09 (),.... s 6.00 So an 5.00 4-7 5.00 R. Thomas Kline 10.00 e ff of Cumberland County .00 26.00 ELAN HALLINAN SCHMIEG 09/08/2008 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 GMAC MORTGAGE, LLC VS. LISA LEWIS 6185 HAYMARKET WAY MECHANICBURG, PA 17050 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5005 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LISA LEWIS . Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 8/20/08 TO 10/24/08 TOTAL $128,078.64 1593.24 $129,671.88 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /t PHS# 184956 PRO PROTHY 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5005 CIVIL TERM LISA LEWIS Defendant(s) TO: LISA LEWIS 6185 HAYMARKET WAY MECHANICSBURG, PA 17050 DATE OF NOTICE: October 10, 2008 CUMBERLAND COUNTY 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 (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 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 184956 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 GMAC MORTGAGE, LLC VS. LISA LEWIS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5005 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 LISA LEWIS is over 18 years of age and resides at 6185 HAYMARKET WAY, MECHANICBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. &IM L ?_A Daniel G. Schmieg, squire Attorney for Plaintiff cS C 7 C S wrt CO k_1 1 = L .J ;1 f (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. LISA LEWIS 6185 HAYMARKET WAY MECHANICBURG, PA 17050 : CIVIL DIVISION : NO. 08-5005 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ()a aA , 2008. By: ?srtrr?r If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." . - 49b 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. LISA LEWIS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5005 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 Attorney for Plaintiff By: (?' Francis S. Hallinan, quire Date: ? l??d PHS #: 184956 A 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 Plaintiff VS. LISA LEWIS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5005 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: LISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 Date: / YK Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallin Esquire .., VERIFICATION Jeffrey Sip Officer i .united Sign $ hereby states that he/she is to Sy - 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 unsworn falsification to au ties. N DATE: ?_? ?? Title: Jeffrey Stephan Limited ?+ Company: GMAC MORTGAGE, LLC Loan:0474777968 File #: 184956 im ?M __ > rn PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.RC.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. No. 08-5005 CIVIL TERM LISA LEWIS Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above Amount Due Interest from 10/25/2 (per diem -$21.32) $129,671.88 $2,792.92 and Costs TOTAL $132,464.80 9 Note: Please attach description of property. DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This p operty is sold at the direction of the plaintiff. It may not be:sold in the absence of a representative of the plaintiff at the Sher'ff's sale. The sale must be postponed or stayed in the'event.that representative of the plaintiff is not present at the sale. 184956 O? a? v a? o a a a d U H 00 v ? F'' v H? U m a y a d a a w? 0 o? H o w v a ? O r 't3-• 0 0 c- d a v H a Q d ? p (A..10 Co» • $ ? V 0 G c s w v 7> A n r• WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5005 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 LISA LEWIS (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 $129,671.88 L.L. $30 Interest from 10/25/08 - 3/04/09 (per diem - $21.32) -- $2,792.92 and Costs Atty's Comm % Atty Paid $210.00 Plaintiff Paid Date: 11/26/08 Due Prothy $2.00 Other Costs is R. Long, rothonotar (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 1910)-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBU AN STATION 1617 JOHN F. KENNEDY BLVD. SUITE 1400 PHILADELPHIA, PA 19103-181 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff, V. LISA LEWIS Defendant(s). DANIEL G. SCHMIE the above-captioned matter, and that 1 because it is: Q an FHA mortgage ( ) non-owner ( ) vacant (X) Act 91 This certification is made subj falsification to authorities. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5005 CIVIL TERM CERTIFICATION ESQUIRE, hereby verifies that he is attorney for the Plaintiff in premises are not subject to the provisions of Act 91 have been fulfilled to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn fujm? P JLL"L ? DANIEL G. C MIEG, ESQUIRE Attorney for Plaintiff rt ? iV ? ivo ?. // KJ V? 4 r J?\ ? ! GMAC MORTGAGE, LLC Plaintiff, V. LISA LEWIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5005 CIVIL TERM .VIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plainti in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date th Praecipe for the Writ of Execution was filed the following information concerning the real prope y located at ,40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LISA LEWIS 6185 HAYMARKET WAY MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of property to be sold: judgment creditor whose judgment is a record lien on the real Name BENT CREEK LIMITED PAR 4. Name and address of last recorded Name AMERICHOICE FEDERAL CREDIT Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 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 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 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 mad in this affidavit are true and correct to the best of my personal knowledge or information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. November 25, 2008 `d(? ?J - %( DATE DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff C`7 ? =? i _,??? ?-? "? -s? -i' ?' ? 4 day f t F , ?? "C'. , r? _:.? ?, ?? , iy., 4 ? i.. ^ ' L% 6?d ?h M - ?1 i GMAC MORTGAGE, LLC Plaintiff, V. LISA LEWIS Defendant(s). CUMBERLAND COUNTY No. 08-5005 CIVIL TERM November 25, 2008 TO: LISA LEWIS 6185 HAYMARKET WAY MECHANICSBURG, PA 1 "THIS FIRM IS A DEBT COLLEC R ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PU OSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT FFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 40 NORTH MIDDLESEX ROAD CARLISLE PA 17013-1627 is scheduled to be sold at the Sheriffs ale on MARCH 4. 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover S eet, Carlisle, PA 17013, to enforce the court judgment of $129,671.88 obtained by GMAC MO TGAGE 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. MA To prevent this Sheriffs Sale, ylou 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 sto the sale by filing a petition asking the Court to strike or open the judgment, if the judgme t was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able 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. (S a notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 y?ur 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 buy r. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a sh a of the money which was paid for your house. A schedule of distribution of the money bid for your -louse 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 (reaso is why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the di tribution is filed. 7. You may also have other ri hts and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This prop is sold at the direction of the plaintiff. It may not be sold in the absence of a re resentative f the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event t at a representative of the plaintiff is not present at the sale. ) COUNTY ATTORNEY REFERRAL ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE ,AND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING AT AN iron pin at or near the c between Carlisle and Harrisburg and known a or formerly of John gross, South 73 degrees formerly of Paul O. Sunday South 37 degrees now or formerly of Wilbur White North 57 de the aforesaid public road; thence by the cente an iron pin, the place of beginning. ;nter of the public road leading from the highway Route No. 1 I to Sherrett's Gap; thence by land now est 127.5 feet to a point; thence by land now or 40 minutes East 119.5 feet to a point; thence by lands trees East 119.5 feet to a point at or near the center of of said public road North 37 degrees West 82.5 feet to 08/29/2007, recorded 09/12/2007 in Lisa Lewis, by Deed from KWF, Inc., dated Number 200735640. PREMISES BEING: 40 NORTH MIDDLES X ROAD, CARLISLE, PA 17013-1627 PARCEL NO. 21-17-2696-13 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) LISA LEWIS SERVE LISA LEWIS AT: 6185 HAYMARKET WAY MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUN'FY No. 08-5005 CIVIL TERM ACCT. #184956 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 Served and made known to LISA LEW 1 S Defendant, on the qf4 day of BEd F-?hUA 200 , at-5!(( , o'clock P.m., at `D($? ,t}.1, RKET YVA /? FCC Hf}NICS$uQ(7 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ t/ Adult family member with whom Defendant(s) reside(s). Name and Relationship is rtl pM[gS 50f4. 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 20 Height o " Weight 16 D Race IN Sex M Other I, 2p1V/?p MO L(_ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ 1n day of DCc m e" , 2002. Notary: By: PLEASE A EMPT SEAKy E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEO ORE J. HARK NOTARY PUBLIC NOT SERVED ??E STATE OF NEW JERSEY O s @9MMISSII SPIRES 1012512012 , 200_, at 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 ,--.? , ? ,,...qq , ? r ?y W w? ?1e? ;t• . : ?? _ .rM w C:` PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. LISA LEWIS CUMBERLAND County Defendant No. 08-5005 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 20, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on October 28, 2008 in the amount of $129,671.88. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on March 4, 2009. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $123,689.44 Interest Through March 4, 2009 $8,163.91 Per Diem $24.14 Late Charges $26.06 Legal fees $1,300.00 Cost of Suit and Title $1,241.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,162.62 TOTAL $135,583.53 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on February 3, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 2 -?? 14S Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County LISA LEWIS Defendant No. 08-5005 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LISA LEWIS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. / Phelan Hallinan & Schmieg, LLP DATE: 2 [ a By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 184956 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff LISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 C .ti a o m ! 1'1 C6 A N ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. og - Ewa Civi t Twk CUMBERLAND COUNTY Defendant A?AETWN CIVIL ACTION - LAW COMPLAINT IN ORTGAGE FORECLOS e h'ro_$)y r t?; r r the corm, litre and on inel fri `? 1 01 the at r1ec0rd File N: 184956 ed 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 #: 184956 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 File #: 184956 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 184956 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: LISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/29/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK,INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735641. The 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 05/01/2008 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. Fife #: 194956 6. The following amounts are due on the mortgage: Principal Balance $123,689.44 Interest $3,379.60 04/01/2008 through 08/19/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $41.90 08/29/2007 to 08/09/2008 Cost of Suit and Title Search 550.00 Subtotal $128,910.94 Escrow Credit ($832.30) Deficit $0.00 Subtotal 832.30 TOTAL $128,078.64 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 194956 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,078.64, together with interest from 08119/2008 at the rate of $24.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ?- -W'(kk , 90(3'1 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL 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, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 184956 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING AT AN iron pin at or near the center of the public road leading from the highway between Carlisle and Harrisburg and known as Route No. 11 to Sherrett's Gap; thence by land now or formerly of John gross, South 73 degrees West 127.5 feet to a point; thence by land now or formerly of Paul O. Sunday South 37 degrees 40 minutes East 119.5 feet to a point; thence by lands now or formerly of Wilbur White North 57 degrees East 119.5 feet to a point at or near the center of the aforesaid public road; thence by the center of said public road North 37 degrees West 82.5 feet to an iron pin, the place of beginning. BEING the same premises which Keith E. Miller, by Deed dated March 2, 2007 and recorded March 5, 2007 in Cumberland County Record Book 278, Page 4944, granted and conveyed unto KWF, Inc., in fee. COUNTY PARCEL #: 21-17-2696-13 PROPERTY ADDRESS: 40 NORTH MIDDLESEX ROAD File #: 184956 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.&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 unworn falsifications to authorities. ttorney for Plaintiff' 1013Y DATE: ?? -,p Exhibit 66B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215 320-0007 GMAC MORTGAGE, LL , 0 VS. LISA LEWIS 6185 HAYMARKET WAY MECHANICBURG, PA 17050 , Attorney for Plaintiff CUMBERLAND COU+? COURT OF COMMONItL"'- CIVIL DIVISION NO. 08-5005 CIVIL TERM c? v v C PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES 06 r TO THE PROTHONOTARY: o c r Kindly enter judgment in favor of the Plaintiff and against LISA LEWIS , Dn f'ur (s) failure to file an Answer to Plaintiffs Co Uir withi n 20 days from service f end or foreclosure and sale of the mortgaged ?i assess Plaintiffs damages as follows: As set forth in Complaint Z' $128,078.64 Interest - 8/20/08 TO 10/24/08+- TOTAL ? ,,, 1 93.24 $129,671.88 I hereby certify that 0) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. D Daniel G. Schmieg, squire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ; c... PHS# 184956/ .',y. PRO PROTHY r Exhibit "C" V?C L ° z VI A W N O 00 -1 a? (A A W N - r r b 'b ho A ?D A ?D A ?O y th z O" N ti ?? r r > r > Z ?? r r r o ? I=J t'y t'y A o ?, 00 N A x n A A 4 y x y ? I1?.) fb O Q '3 !.? V 1? V ... ? ? to ? ? b ? o ? a p A o y S. C CA A y ? a ??? ?' R 2, S ` $ ' `r o r CrrJ A ? y ? ' LA 9. o J 0 N? "h O 7 ? ,.?p'uC ? O ^ OO = ! W 1 ? ? Q ? c O y' ? !A m ? EJ, c n ?.`. d7 n' A Ry.? y v. ?s"5. Sd I? o a?g ? y -3 ? W--`S N ?H b? • O ? 01.10 FEB 03 2009 5' 000421801 0 P CODE ti 91 03 3 7 MAILED FROM ZI n n ? o ?c 0 ?am ?a@ `7 A O m a =i d R N n a w+ C ?S E. S a z z R° l71 1^?1 4, Cr" r VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. / Phelan Hallinan & Schmieg, LLP DATE: 2 l ?s By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff V. LISA LEWIS Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-5005 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. LISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 LISA LEWIS 6185 Haymarket Way Mechanicsburg, PA 17050 DATE: z /7 S LISA LEWIS 142 Peach Lane Carlisle, PA 17015 Phelan Hallinan & Schmieg, LLP By:ii Michele M. Bradford, Esquire Attorney for Plaintiff C= ` 1 GMAC MORTGAGE, LLC VS. LISA LEWIS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-5005 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for GMAC MORTGAGE, LLC hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 12, 2009 DANIEL G. SCHMIEG, Attorney for Plaintiff a w w w O x a: o vUi a --? w 0 v? ? U ?Q U) ^d 0 a x< Uw.? O o ti a? a O `O a ? b w zoo w u ? a. ao ? ? £0 16 4 3000dIZ UUOa3 43-IIVVI N .? 8Goz 80OEG G 1u81ZbOG0 o0Z' £0 M z o v Ar. Q E N r N S7Ah09 A3N11J .m(yt?.? ? n y Z O ` y E ?U Y ? ? .? E u O6 dy? bd S35 r " l '\ b v K O E :y w ._ O O T 3 E a ., O m_E? tO°'E A oe . C y Toe -3E H W '? U - . h ? • O O O = ? r U ' U •O VU N O v T C O-' 8 O' A o?.? U 2 No ?- c h C w ':3 G OW r N I.n O > O td v 2- v o u -oo U w M " O O u t-- v ° p [ M .tia 3 Wa ?>~ b o H 44 O u o o v U WA a z z •fl ?,, c? N Icd, H U ?fi rrryyy t ? v o ~ ~ ° aw 1 1.1 ?A (i" A A 0 >" a w ? ? i °' O W a W a a q le v> F" z ,,, N a Z o Q? W' N ti O W (? 7? C? ¢uo° o a fs. ¢Q° ? ? a3 v C7 a o m ° U wqq ? a U¢xa w ? 3z-5 5 Z ? Upa¢. ? w 3: ?a °oOV 00 i x Ey W C7 ry z COO o ? ? p Q N ? 1 E- E+ V. 0 O !U? V 3 ? a f ? Z z? a ¢0 ° ? ? W a U z " AU?U UAa ¢ wO , r aQi0 o ? ? z H v U U ?o ? -. a Q a e? Aq ,.? ? a H x m = R z w v Q a O T d ^- cv ri v In ?o t? oo o N z 0.2 E- a n n i :_ 27 } .. CTn _y PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. NO.: 08-5005 CIVIL TERM LISA LEWIS PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of NATIONSTAR MORTGAGE, LLC, 350 HIGHLAND DRIVE, LEWISVILLE, TX 75067. r Date: February 12, 2009 C DANIEL G. SCHMIEG, ES Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of NATIONSTAR MORTGAGE, LLC, 350 HIGHLAND DRIVE, LEWISVILLE, TX 75067, USE PLAINTIFF. Date: February 12, 2009 Attorney for Plaintiff t v CA) C' c\ C; Xjb p C * , ? C-r, 47 - < K FEB 2 2OW r? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas Civil Division V. LISA LEWIS Defendant ORDER CUMBERLAND County : No. 08-5005 CIVIL TERM AND NOW, this,_) V day of 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $123,689.44 Interest Through March 4, 2009 $8,163.91 Per Diem $24.14 Late Charges $26.06 Legal fees $1,300.00 Cost of Suit and Title $1,241.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,162.62 $135,583.53 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforda,fedphe.com AISA LEWIS 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 LkA LEWIS 185 Haymarket Way Mechanicsburg, PA 17050 J LEWIS X42 Peach Lane Carlisle, PA 17015 184956 cv C-i _ -?;2 L - ) C e L Q ? v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5005, at the suit of GMAC MTG LLC LLC against LISA LEWIS is duly recorded as Instrument Number 200908498. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a`j -d day of of Deeds F' "U" Of 1-0t., Ce:rb4d2nd County. CaftW, PA My Cwu "Or 'kaa the First Monday of Jan. 2010 f GMAC' Mortgage LLC In The Court of Common Pleas of VS Cumberland County, Pennsylvania Lisa Lewis Writ No. 2008-5005 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2008 at 1743 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lisa Lewis, by making known unto Lisa Lewis personally, at 6185 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2009 at 1508 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lisa Lewis located at 40 North Middlesex Road, Carlisle, 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: Lisa Lewis, by regular mail to her last known address of 6185 Haymarket Way, Mechanicsburg, PA 17050. This letter was mailed under the date of January 9, 2009 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 March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, of, P.O. Box 650043, Dallas, TX 75265-0043 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 935.04 Sheriffs Costs: Docketing $30.00 Poundage 18.33 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 20.00 Post Pone Sale Law Journal 355.00 Patriot News 301.79 Share of Bills 15.52 i Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 935.04 ? 310 s/o q ?-- So-Answers,*,a ,,•, ?.` R. Thomas Kline, S eriff a By??-- ! Real state Coordinator P C42 14 ?, 1 >- cr; (n U-) u.a o LU G- i ` Lij y E, iv ,a GMAC MORTGAGE, LLC sM . CUMBERLAND COUNTY Plaintiff, 1 V. COURT OF COMMON PLEAS LISA LEWIS CIVIL DIVISION Defendant(s). NO. 08-5005 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LISA LEWIS 6185 HAYMARKET WAY MECHANICSBURG, PA 17050 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) BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 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) AMERICHOICE FEDERAL CREDIT UNION 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 5: Name and address of every other person who has any record lien on the property: / Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 40 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1627 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.A. § 4904 relating to unsworn falsification to authorities. November 25, 2008? 9rma-r DATE DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, V. LISA LEWIS Defendant(s). CUMBERLAND COUNTY No. 08-5005 CIVIL TERM November 25, 2008 TO: LISA LEWIS 6185 HAYMARKET WAY MECHANICSBURG, PA 17050 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,671.88 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING AT AN iron pin at or near the center of the public road leading from the highway between Carlisle and Harrisburg and known as Route No. 11 to Sherrett's Gap; thence by land now or formerly of John gross, South 73 degrees West 127.5 feet to a point; thence by land now or formerly of Paul O. Sunday South 37 degrees 40 minutes East 119.5 feet to a point; thence by lands now or formerly of Wilbur White North 57 degrees East 119.5 feet to a point at or near the center of the aforesaid public road; thence by the center of said public road North 37 degrees West 82.5 feet to an iron pin, the place of beginning. _BEING THE SAME PREMISES VESTED IN Lisa Lewis, by Deed from KWF, Inc., dated 08/29/2007, recorded 09/12/2007 in Instrument Number 200735640. PREMISES BEING: 40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627 PARCEL NO. 21-17-2696-13 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5005 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From LISA LEWIS (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 $129,671.88 L.L. $.50 Interest from 10/25/08 - 3/04/09 (per diem - $21.32) -- $2,792.92 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $210.00 Plaintiff Paid Date: 11/26/08 Other Costs Curtis R. Lo g, Prothono ry (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG By: ONE PENN CENTER AT SUBURBAN STATION` 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #61 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 40 North Middlesex Rd., Carlisle more fully described on Exhibit A C?J filed with this writ and by this reference incorporated herein. Date: December 15, 2008 By:d Real Estate ergeant The Qaltriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 The Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. 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 REAL ESTATE SALE NO. 61 Writ No. 2008-5005 Civil Term GMAC Mortgage LLC VS Lisa Lewis Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania more particularly bounded and described as follows: BEGINNING AT AN iron pin at or near the center of the public road leading from the highway between Carlisle and-Harrisburg and known as Route No. 11 to Sherrett's Gap; thence by land now or formerly of John gross, South 73 degrees West 127.5 feet to a point; thence by land now or formerly of Paul 0. Sunday South 37 degrees 40 minutes East 119.5 feet to a point; thence by lands now or formerly of Wilbur White North 57 degrees East 119.5 feet to a point at or near the center of the aforesaid public road; thence by the center of said public road North 37 degrees West 82.5 feet to an iron pin, the place of beginning. BEING THE SAME PREMISES VESTED IN Lisa Lewis, by Deed from KWF Inc dated 081 2912007, recorded 0 9/1 212 0 07 in Instroment Number 200735640. PREMISES BEING: 40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627 PARCEL NO. 21-17-2696-13 This ad ran on the date(s) shown below: `y.-r .'. . . . . . . . . . . .... Sworn to and ascribed before me this 25 clay of February, 2009 A.D. Notary public ?GPe9MCl'J T LL fl?r c?r,?q Sherrie L. Kl^;" ?r, Notary Public Ckyomarrist.'. f, Dauphin County MY Comrrtissior .. es Nov. 4 2011 Member, Pennsyl : ;iatlon of Notaries 01/21/09 01/28/09 02/04/09 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: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN-TO AND SUBSCRIBED before me this day of February 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 mom noun Mire 1M. 61 Writ No. 2008-5005 Civil GMAC Mortgage LLC VS. Lisa Lewis Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Middlesex Town- ship, Cumberland County, Pennsyl- vania more particularly bounded and described as follows: BEGINNING AT AN iron pin at or near the center of the public road leading from the highway between Carlisle and Harrisburg and known as Route No. 11 to Sherrett's Gap; thence by land now or formerly of John Gross, South 73 degrees West 127.5 feet to a point; thence by land now or formerly of Paul O. Sunday South 37 degrees 40 minutes East 119.5 feet to a point; thence by lands now or formerly of Wilbur White liile* ST 4WOM RIFAt 119.3 IM 100 al?eer public road. th Is- F 1 MY 1110 ce r esf "" pk*& r"d Nw* 37 &*m We1R 83.5 feast to an b m pia, flee EIb '5( NG THE?SAME PREMISES VESTED IN Lisa Lewis, by Deed from KWF, Inc., dated 08/29/2007, recorded 09/12/2007 in Instrument Number 200735640. PREMISES BEING: 40 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1627. PARCEL NO. 21-17-2696-13.