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HomeMy WebLinkAbout08-5092P, 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 179463 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q? - sG?? t U I,ll CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179463 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 #: 179463 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 #: 179463 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 #: 179463 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: GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/30/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1893, Page 2124. 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(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 #: 179463 6. The following amounts are due on the mortgage: Principal Balance $221,517.15 Interest $8,427.44 02/01/2008 through 08/20/2008 (Per Diem $41.72) Attorney's Fees $1,250.00 Cumulative Late Charges $587.28 12/30/2004 to 08/20/2008 Cost of Suit and Title Search 550.00 Subtotal $232,331.87 Escrow Credit ($746.54) Deficit $0.00 Subtotal $746.54 TOTAL $231,585.33 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 179463 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 $231,585.33, together with interest from 08/20/2008 at the rate of $41.72 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 LAWRENCE T. PHEL N, E QUIRE FRANCIS S. HALLINAN, E QUIRE 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 #: 179463 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the South Middleton Township, Cumberland County, Pennsylvania being Lot No. 79; as shown on a Final Subdivision Plan, Forgedale Crossing-Section Number 3, dated September 15, 2000, prepared by John K. Bixler, 111, R. S., of Carlisle, Pennsylvania, in Plan Book 85, Page 92, being bounded and described as follows: BEGINNING at a point, said point being located on the southern dedicated right of way line of Coventry Drive and located at the common property corner between Lot Number 79 and Lot Number 80 as depicted on the aforementioned plan; thence along Lot Number 80, South 03 degrees 17 minutes 08 seconds East, a distance of 150.00 feet to a point located on the section line between Forgedale Crossing, Section Number 3 and Lot Number 82 (lands now or formerly of Forgedale Associates); thence along said section line and Lot Number 82, South 86 degrees 42 minutes 52 seconds West, a distance of 100.00 feet to a point located at the common property corner between Lot Number 79 and Lot Number 78; thence along Lot Number 78, North 03 degrees 17 minutes 08 seconds West, a distance of 150.00 feet to a point located on the southern dedicated right of way line of Coventry Drive; thence along the southern dedicated right of way line of Coventry Drive, North 86 degrees 42 minutes 52 seconds East, a distance of 100.00 feet to the point of BEGINNING. CONTAINING 15,000.00 square feet BEING known and numbered as 25 Coventry, Drive, Carlisle, Pennsylvania 17013 File #: 179463 SUBJECT to a ten (10) feet wide storm drainage easement along the southern property line of said lot as depicted on the aforementioned plan. SUBJECT to a fifteen (15) feet wide storm drainage easement along the eastern property line of said lot as depicted on the aforementioned plan. SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale Crossing as set forth in Misc. Book 424, Page 252, as well as First Supplemental Declaration of Restrictions and Protective Covenants, Forgedale Crossing Final Subdivision Plan for Section No. 3 as recorded in Misc. Book 696, Page 1. BEING part of the same premises which John E. Anderson and Pauline E. Anderson, husband and wife AND Robert A. Thomas and Deborah T. Thomas, husband and wife, by Deed dated July 10, 2003 and recorded July 15, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 252, Page 3382, conveyed unto S & Custom Built Homes, Inc., grantor herein. PARCEL NO. 40-10-0636-363 PROPERTY BEING: 25 COVENTRY DRIVE File #: 179463 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: O 7,1 Attorney for Plaintiff I? /V Cl V V V C? r~ f? N =zl =zl 11. C? /N C 1 • V C.? 1 cm) i? 5-1 J j.t .,C 0 ,. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS DOLAN GEORGE G ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DOLAN LINDA W DEFENDANT the at 1115:00 HOURS, on the 20th day of September, 2008 at 3120 HARVARD AVENUE CAMP HILL, PA 17011 LINDA W DOLAN was served upon 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. Additional Comments 25 COVENTRY DRIVE CARLISLE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge ja/V 409, 6.00 .00 .00 10.00 .00 `r-16.0 0 Sworn and Subscibed to before me this day So Answers: R. Thbmas Kline 09/22/2008 PHELAN HALLINAN SCHMIEG By: ` Deput Sheriff of , A. D. SHERIFF'S RETURN - REGULAR 411 CASE NO: 2008-05092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS DOLAN GEORGE G ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOLAN GEORGE G the DEFENDANT at 1115:00 HOURS, on the 20th day of September, 2008 at 3120 HARVARD AVENUE CAMP HILL, PA 17011 LINDA W DOLAN 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 18.00 Service 20.00 Affidavit .00 Surcharge 10.00 .00 48.00 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 09/22/2008 PHELAN HALLINAN SCHMIEG By. day Deputy Sheriff of A. D. e t 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5092 CIVIL TERM GEORGE C. DOLAN A/K/A GEORGE CUMBERLAND COUNTY GAMES DOLAN LINDA W. DOLAN A/K/A LINDA WOOD DOLAN Defendant(s) 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. Date: F/ 6 r Phelan Hallinan & Schmieg, LLP Attorney for Plain By: or/k.-4?? -001-0 Francis S. Hallinan, Esquire PHS #: 179463 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. GEORGE C. DOLAN A/K/A GEORGE GAMES DOLAN LINDA W. DOLAN A/K/A LINDA WOOD DOLAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5092 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: GEORGE C. DOLAN A/K/A GEORGE GAMES DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015-4524 LINDA W. DOLAN A/K/A LINDA WOOD DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015-4524 Date: l 0 r Phelan Hallinan & Schmieg, LLP Attorn'`or P By: Francis S. Hallinan, Esquire I-f ' % VERIFICATION Jeffrey Stephan Umited Signing officer- 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 falsi die ies. N DATE. Title: Jeffrey Stephan Limited Signing Officer Company: GMAC MORTGAGE, LLC Loan:0601141424 File #: 179463 c`? ?-' ., , ?_.. ?:? . ?"? ,- , --a _ a ?? - ,.? .:. . .. ?? >> __ _ - ? ?_ _? ?? ?. '- i A 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. GEORGE G. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5092 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 GEORGE G. DOLAN and LINDA W. DOLAN, 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 - 08/21/2008 -11/11/2008 TOTAL $231,585.33 $3,462.76 $235,048.09 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. Schmie E uire Attorney for Plain DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS# 179463 A? PRO PROTHY 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. GEORGE G. DOLAN LINDA W. DOLAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5092 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 GEORGE G. DOLAN is over 18 years of age and resides at 25 COVENTRY DRIVE, CARLISLE, PA 17015. (c) that defendant LINDA W. DOLAN is over 18 years of age, and resides at 25 COVENTRY DRIVE, CARLISLE, PA 17015. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, uire Attorney for Plainti 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. 08-5092 CIVIL TERM GEORGE C. DOLAN LINDA W. DOLAN Defendant(s) TO: LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 DATE OF NOTICE: October 28, 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. 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 CZ) C-J Assistant PHS # 179463 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 (2,15) 563-7000 GMAC MORTGAGE, LLC v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5092 CIVIL TERM GEORGE C. DOLAN, LINDA W. DOLAN Defendant(s) TO: GEORGE C. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 DATE OF NOTICE: October 28, 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. 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 OOMM Q-• Carlisle, PA 17013 V (717) 249-3166 1AJ J .AN.. Assistant PHS # 179463 ? ? o -Cj i7 rrt r ?' r c. _ 6 4 - 4 By: Ala jqt;L e. DEPUTY glra If you have any questions concerning this matter pligase contact: Daniel G. S ieg quire Attorney or Party Wing 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 INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. GEORGE G. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5092 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 3 , 2008. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. cc-5o9a No.-08-5 CIVIL TERM GEORGE G. DOLAN LINDA W. DOLAN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/12/08 TO 3/4/09 (per diem -$38.64) Addl Fees TOTAL $235,048.09 $ 4,366.32 $2,653.50 $242,067.91 lv-? Am I a 0 ? - I" aa DANIEL G. SCHMIEG, ESQUHtq One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 179463 d a? d> Q1 "all OW n Oz OO a u ? O U? H ?v -70 A n 0 A a 1 4 v_ w? O w F' o ac ?w rat W O V a d Cfl rn r- C e e C o° F A ? 11TTT1.. r ? 1 in 0 r d a n a W ? ? A ok O d N c? t 71; r .? rv cr cz. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5092 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC., Plaintiff (s) From GEORGE G. DOLAN AND LINDA W. DOLAN (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 $235,048.09 L.L. $.50 Interest FROM 11/12/08 TO 3/4/09 (PER DIEM - $38.64) - $4,366.32 Atty's Comm % Atty Paid $183.00 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L FEES - $2,653.50 Date: NOVEMBER 26, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 - 6?441?-ic'uw Curt' R. Long, otary By: Deputy Supreme Court ID No. 62205 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. GEORGE G. DOLAN LINDA W. DOLAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5902-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff r-a c'? ? = n ??... GJ .,..,}, .t: ,,.? e ?. .,.?... 'C?? ?3 ? ? {?. } '?4 _ r--C` .? .. ? W. ;r' i ?? ? .. C'?? : =? GMAC MORTGAGE, LLC Plaintiff, V. GEORGE G. DOLAN LINDA W. DOLAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.08-5902-CIVII, 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 ,25 COVENTRY DRIVE. CARLISLE. PA 17015 1. Name and address of Owner(s) or reputed Owner(s): Name GEORGE G. DOLAN LINDA W. DOLAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 25 COVENTRY DRIVE CARLISLE, PA 17015 25 COVENTRY DRIVE CARLISLE, PA 17015 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) QUICKEN LOANS, INC. 20555 VICTORY PARKWAY LIVONIA, MI 48152 MERS as a nominee for P.O. Box 2026 Quicken Loans, Inc. FLINT, MI 48501 MERS 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 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 25 COVENTRY DRIVE CARLISLE, PA 17015 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 5 DATE AN IM G. SCHMIEG, ESQU Attorney for Plaintiff n ?'; ' `°n ?.. `t='.' ' ? ? ..?? s =' a ? .-,? •. l C?_ ?? 1:- r ? t? )' 'A'--{?-'y ?? . ?). .? Y? ? . "` GMAC MORTGAGE, LLC Plaintiff, V. GEORGE G. DOLAN LINDA W. DOLAN Defendant(s). CUMBERLAND COUNTY No. 08-5902-CIVIL TERM November 25, 2008 TO: GEORGE G. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 LINDA W. DOLAN COVENTRY DRIVE CARLISLE, PA 17015 * *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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 25 COVENTRY DRIVE, CARLISLE, PA 17015, is scheduled to be sold at the Sheriff s 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 $235,048.09 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (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 tract of land situated in the South Middleton Township, Cumberland County, Pennsylvania being Lot No. 79; as shown on a Final Subdivision Plan, Forgedale Crossing-Section Number 3, dated September 15, 2000, prepared by John K. Bixler, III, R. S., of Carlisle, Pennsylvania, in Plan Book 85, Page 92, being bounded and described as follows: BEGINNING at a point, said point being located on the southern dedicated right of way line of Coventry Drive and located at the common property corner between Lot Number 79 and Lot Number 80 as depicted on the aforementioned plan; thence along Lot Number 80, South 03 degrees 17 minutes 08 seconds East, a distance of 150.00 feet to a point located on the section line between Forgedale Crossing, Section Number 3 and Lot Number 82 (lands now or formerly of Forgedale Associates); thence along said section line and Lot Number 82, South 86 degrees 42 minutes 52 seconds West, a distance of 100.00 feet to a point located at the common property corner between Lot Number 79 and Lot Number 78; thence along Lot Number 78, North 03 degrees 17 minutes 08 seconds West, a distance of 150.00 feet to a point located on the southern dedicated right of way line of Coventry Drive; thence along the southern dedicated right of way line of Coventry Drive, North 86 degrees 42 minutes 52 seconds East, a distance of 100.00 feet to the point of BEGINNING. CONTAINING 15,000.00 square feet BEING known and numbered as 25 Coventry, Drive, Carlisle, Pennsylvania 17013 SUBJECT to a ten (10) feet wide storm drainage easement along the southern property line of said lot as depicted on the aforementioned plan. SUBJECT to a fifteen (15) feet wide storm drainage easement along the eastern property line of said lot as depicted on the aforementioned plan. SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale Crossing as set forth in Misc. Book 424, Page 252, as well as First Supplemental Declaration of Restrictions and Protective Covenants, Forgedale Crossing Final Subdivision Plan for Section No. 3 as recorded in Misc. Book 696, Page 1. BEING part of the same premises which John E. Anderson and Pauline E. Anderson, husband and wife AND Robert A. Thomas and Deborah T. Thomas, husband and wife, by Deed dated July 10, 2003 and recorded July 15, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 252, Page 3382, conveyed unto S & Custom Built Homes, Inc., grantor herein. This Deed is executed by Donald W. Thompson, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 400, Page 530. PARCEL IDENTIFICATION NO: 40-10-0636-363 BEING THE SAME PREMISES VESTED IN George G. Dolan and Linda W. Dolan, h/w, by Deed from S & A Custom Built Homes, Inc., dated 12/29/2004, recorded 01/04/2005 in Book 267, Page 91. PREMISES BEING: 25 COVENTRY DRIVE, CARLISLE, PA 17015 PARCEL NO. 40-10-0636-363 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. CUMBERLAND County GEORGE G. DOLAN LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 25, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A5, 2. Judgment was entered on November 13, 2008 in the amount of $235,048.09. 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. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $221,517.15 Interest Through March 4, 2009 $13,650.75 Per Diem $41.72 Late Charges $210.48 Legal fees $1,950.00 Cost of Suit and Title $1,026.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 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 $3,019.87 TOTAL $241,419.75 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 2, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs 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: ( r /02 By: Phelan Hallinan & Schmieg, LLP 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 Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GEORGE G. DOLAN LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE GEORGE G. DOLAN and LINDA W. DOLAN 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 25 COVENTRY DRIVE, CARLISLE, PA 17015. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin C? enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: / A 1.7 By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" C-) o c rr zr, c? F 7 ` •? ? T N W ? 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 L215) 563-7000 179463 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 68 - SVI-'L & C, CUMBERLAND COUNTY We hereby certify the .f.?.. C? within to be a true and < kil correct COPY of record Flij? CIVIL ACTION - LAW original file COMPLAINT IN MORTGAGE FORECLOSURE File #: 179463 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 MAYBE 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 #: 179463 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 #: 179463 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 #: 179463 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: GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/30/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1893, Page 2124. 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.RC.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 03/01/2008 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 N: 179463 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2008 through 08/20/2008 (Per Diem $41.72) Attorney's Fees Cumulative Late Charges 12/30/2004 to 08/20/2008 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL 7. 8 $221,517.15 $8,427.44 $1,250.00 $587.28 550.00 $232,331.87 ($746.54) $0.00 746.54 $231,585.33 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 #: 179463 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 $231,585.33, together with interest from 08/20/2008 at the rate of $41.72 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 ((k- eT. AJR (017q, By: LAWRENCE T. PHEL N, E QUIRE FRANCIS S. HALL INAN, 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 k: 179463 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the South Middleton Township, Cumberland County, Pennsylvania being Lot No. 79; as shown on a Final Subdivision Plan, Forgedale Crossing-Section Number 3, dated September 15, 2000, prepared by John K. Bixler, III, R. S., of Carlisle, Pennsylvania, in Plan Book 85, Page 92, being bounded and described as follows: BEGINNING at a point, said point being located on the southern dedicated right of way line of Coventry Drive and located at the common property corner between Lot Number 79 and Lot Number 80 as depicted on the aforementioned plan; thence along Lot Number 80, South 03 degrees 17 minutes 08 seconds East, a distance of 150.00 feet to a point located on the section line between Forgedale Crossing, Section Number 3 and Lot Number 82 (lands now or formerly of Forgedale Associates); thence along said section line and Lot Number 82, South 86 degrees 42 minutes 52 seconds West, a distance of 100.00 feet to a point located at the common property comer between Lot Number 79 and Lot Number 78; thence along Lot Number 78, North 03 degrees 17 minutes 08 seconds West, a distance of 150.00 feet to a point located on the southern dedicated right of way line of Coventry Drive; thence along the southern dedicated right of way line of Coventry Drive, North 86 degrees 42 minutes 52 seconds East, a distance of 100.00 feet to the point of BEGINNING. CONTAINING 15,000.00 square feet BEING known and numbered as 25 Coventry, Drive, Carlisle, Pennsylvania 17013 File #: 179463 SUBJECT to a ten (10) feet wide storm drainage easement along the southern property line of said lot as depicted on the aforementioned plan. SUBJECT to a fifteen (15) feet wide storm drainage easement along the eastern property line of said lot as depicted on the aforementioned plan. SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale Crossing as set forth in Misc. Book 424, Page 252, as well as First Supplemental Declaration of Restrictions and Protective Covenants, Forgedale Crossing Final Subdivision Plan for Section No. 3 as recorded in Misc. Book 696, Page 1. BEING part of the same premises which John E. Anderson and Pauline E. Anderson, husband and wife AND Robert A. Thomas and Deborah T. Thomas, husband and wife, by Deed dated July 10, 2003 and recorded July 15, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 252, Page 3382, conveyed unto S & Custom Built Homes, Inc., grantor herein. PARCEL NO. 40-10-0636-363 PROPERTY BEING: 25 COVENTRY DRIVE File N: 179463 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.2C.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. See. 4904 relating to unworn falsifications to authorities. Okn Attorney or Plaintiff I / 0/trao DATE: Wit, Exhibit "B" Phelan Hallinan & Scbmieg, 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. GEORGE G. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015 LINDA W. DOLAN '25 COVENTRY DRIVE CARLISLE, PA 17015 Attorney for Plaintiff : CUMBERLAND COUNTY ATTORNEY FILE T OF COMMON PLEAS PLEASE RETURN CIVIL DIVISION NO. 08-5092 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES C-) TO THE PROTHONOTARY: - a OPY ATTORNEY BILE C p r N ndw Kindly enter judgment in favor o against GEO GE G. DO d LINDA W. DOLAN. Defendant(s) for failure to file an Answer to Plaintiff's Compl ' days from service thereof and for foreclosure and sale of the mortgaged premises, and aas c`?? Plaintiff's damages as follows: v N W - 9- C 0 :1- As set forth in Complaint $231,585.33 Interest - 08/21/2008 -11/11/2008 462.76 TOTAL $235,048.09 I hereby certify that (l) 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. ATTORNEY KE. CMDaniel G. Schmi PLEASE RETURN Attorney for Plain DAMAGES ARE HEREBY ASSESSED AS INDICATED. Exhibit "C" U? F ? V ? W N O ?. ? ?o a ? c? ro? o U N Cl7 ??+, 46 a ?y ty o a ? y W O a vj „* r c y ? r O 5. ? A ao 0 a yy c, ? z y v, v, d w? _?? o y y N 3 ? 0 0 A O ? pt /? y ? A ? c ?? b Ct1 R 10 N U ' ? O CCC K n N R4. ? f? . o P C y C T O C T O m. =ot. L eEs P%, 'PHI ; 02 9 a ' ' 1M O?? ?+ y o 0004218010 JAN 02 MAILED FROM ZI o 7 7 PCODE f 8 3 y r O A ? g E Y ?am ??pp A Q+ y m =i a b Ev a 0 W 00 .A 2 CD 10 n C N S i y Q N b a z r z n r b cam) 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 unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: ?7 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 Court of Common Pleas Civil Division V. GEORGE G. DOLAN LINDA W. DOLAN Defendants CUMBERLAND County No. 08-5092 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. GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015-4524 / Phelan Hallinan & Schmieg, LLP DATE: / (? a S By: I Michele M. Bradford, Esquire Attorney for Plaintiff %AD rz= r ? rv Y I JAN 1 2 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff Civil Division V. GEORGE G. DOLAN CUMBERLAND County LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants RULE AND NOW, this-- -(J?_ day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Ln -2- S c T Rule Returnable on the at ScTuc.6 SS ] Q BY THE C;(7URT ' J, ?'I??v ..?j?t ?? ?Q1t 3.V+?? IR.3 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. CUMBERLAND County GEORGE G. DOLAN LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of Z ?l d was sent to the following individual on the date indicated below. GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015-4524 Phelan Hallinan & Schmieg, LLP DATE: 12Z Z/'0 S By: Michele M. Bradford, Esquire Attorney for Plaintiff O»»R ? L F ,, yr g ?' " 3 ? '? ? . '? '? ?, :? j'i? ?? t'V ` ,i - ? :.; • ` ;e . i .+ ' s .'.,? W ?. V?i "'?w PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff V. GEORGE G. DOLAN LINDA W. DOLAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5092 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 2, 2009. 3. A Rule was entered by the Court on or about January 13, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 22, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 3, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: 2(S `°S By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCH IIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff V. GEORGE G. DOLAN LINDA W. DOLAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5092 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 2, 2009. A Rule was entered by the Court on or about January 13, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 22, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 3, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. // Phelan Hallinan & Schmieg, LLP DATE: Z /17 l ° By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" JAN 7 2 2009 C' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff ; Civil Division V. CUMBERLAND County GEORGE G. DOLAN LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants RULE AND NOW, this l day of 3 u, . 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. I w t ? tom' -2-1 d ? -7 S y c, [S t2.3? J' . Rule Returnable on 0 a? ^f ^n9, at ;n the ? sC.3-U l? ?L 1M2 je- 41.1 Yta I- TIM PI.> I t, 7f, RT J. T"bw COPT` 8. pa a 'ice "- A4t saw POW at W- ist ?lten?Mlry Exhibit "B" ATTORNEY FILE COPY PLEASE RETURN i"i PHELAN HALLINAN & SCHMIEG, LLP' by: Michele M. Bradford, Esquire ATTORNEY FOR PLAiNTIF ) Atty. I.D. No. 69849 cry One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FILE COPS` (215) 563-7000 PLEASE' GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. GEORGE G. DOLAN LINDA W. DOLAN Defendants CUMBERLAND County No. 08-5092 CIVIL TERM CERTIFICATION OF SERVICE Q M -? -n ):n I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of Z ?l a was sent to the followi i .i n the date indicated below. o ` "` ` GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 170154524 Phelan Hallinan & Schmieg, LLP DATE: ZZ` ° S BY: Michele M. Bradford, Esquire Attorney for Plaintiff t K< VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: Zk /7 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 X215)563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GEORGE G. DOLAN LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. GEORGE G. DOLAN LINDA W. DOLAN 25 COVENTRY DRIVE CARLISLE, PA 17015-4524 Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff _L7 r„? ., yr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GEORGE G. DOLAN LINDA W. DOLAN No. 08-5092 CIVIL TERM Defendants 1 ORDER AND NOW, this 13 tk day of t-e ?. , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $221,517.15 Interest Through March 4, 2009 $13,650.75 Per Diem $41.72 Late Charges $210.48 Legal fees $1,950.00 Cost of Suit and Title $1,026.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 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 $3,019.87 TOTAL $241,419.75 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. 179463 L I :C d !-! 9l?b0OZ GMAC Mortgage, LLC VS George G. Dolan and Linda W. Dolan In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5092 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on January 3, 2009 at 1030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: George G. Dolan and Linda W. Dolan, by making known unto George Dolan personally and husband of Linda W. Dolan, at 3120 Harvard Ave., Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 2039 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of George G. Dolan and Linda W. Dolan located at 25 Coventry Drive, 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 defendants, to wit: George G. Dolan and Linda W. Dolan, by regular mail to their last known address of 3120 Harvard Ave., Camp Hill, PA 17011. These letters were 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 this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 4,795.45 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 29.70 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 623.00 r- u - ?. 4Kr ( to j j. X ? J r9 hL i Patriot News 553.13 Share of bills 15.52 $6,144.30 So Answers: -40 R. Thomas Kline, heriff BY 3--? Rea state Coordinator ?v C G9o31 ?a3 ?a9 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs GEORGE G. DOLAN LINDA W. DOLAN Defendant Attorney For Plaintiff : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 08-5092 PHS# 179463 PRAECIPE TO THE PROTHONOTARY: X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Date: September 29, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: ;La; nee . Phelan, Esq., Id. No. 32227 mncis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20677,2/ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff OF 4101MOwrr 2WOCT -1 X10; 44 "W"MIM 8OrPd'4 4oh- ?s??.