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Home My WebLink About08-6172U? 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 189152 RESIDENTIAL FUNDING COMPANY, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA 17011-8425 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. off- 017a CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 189152 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 #: 189152 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 #: 189152 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 #: 189152 1. Plaintiff is RESIDENTIAL FUNDING COMPANY, 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: DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA 17011-8425 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/14/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1966, Page 2232. By Assignment of Mortgage recorded 01/02/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200800065. 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 06/01/2008 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 #: 189152 6. The following amounts are due on the mortgage: Principal Balance $269,746.94 Interest $42,239.34 03/01/2007 through 10/14/2008 (Per Diem $71.11) Attorney's Fees $1,250.00 Cumulative Late Charges $649.56 09/14/2006 to 10/14/2008 Property Inspections $33.75 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search 550.00 Subtotal $314,489.59 Escrow Credit $0.00 Deficit $2,461.00 Subtotal $2,461.00 TOTAL $316,950.59 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 #: 189152 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $316,950.59, together with interest from 10/14/2008 at the rate of $71.11 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 HALLN&N & SCHMIEG By: LAWRENCE T. PHELAN, EgQfME 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 #: 189152 LEGAL DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entitled 'Section No. 4-Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania on November 27, 1959, revised March 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with all improvements thereon and known and identified as No. 430 Candlewyck Road. BEING the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/10/04 in Cumberland County Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton. AND BEING the same premises which Christine M. Hamilton and Jason B. Hamilton by Deed dated and recorded even date herewith granted and conveyed unto Douglas V. Simmons. Property Parcel Number 13-24-0807-113 PROPERTY ADDRESS: 430 CANDLEWYCK ROAD File #: 189152 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 the Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. Atto?for ti -JJ- - G Z Za DATE: ib -%%A- 8( A-I L p r _ .C' h V SHERIFF'S RETURN - NOT FOUND I CASE NO: 2008-06172 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RESIDENTIAL FUNDING COMPANY VS SIMMONS DOUGLAS V 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 SIMMONS DOUGLAS V unable to locate Him in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT NOT FOUND , as to SIMMONS DOUGLAS V 430 CANDLEWYCK ROAD CAMP HILL, PA 17011-8425 ON 10/23 THE HOUSE APPEARED TO BE ALMOST EMPTY. THERE WAS A NOTE ON THE DOOR THAT IT WILL BE CLEANED OUT ON WEEKEND. Docketing 18.00 Service 16.00 Not Found 5.00 Surcharge 10.00 ;0130/ ?gi., '° b 49.00 R. Thonfas -Xl ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/28/2008 Sworn and Subscribed to before me this day of A. D. Sheriff's Costs: So answers: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESIDENTIAL FUNDING COMPANY VS SIMMONS DOUGLAS V R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SIMMONS DOUGLAS V but was unable to locate Him deputized the sheriff of PERRY to wit: in his bailiwick. He therefore serve the within COMPLAINT - MnPT VnVV County, Pennsylvania, to On October 28th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Perry County 69.80 Sheriff of Cumberland County Postage .93 95.73 ? /0/3/?/D ?- 10/28/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland Funding County, Pennsylvania . 9 Company LLC VS. Douglas V. Simmons No. 08-6172 civil ----------------- Now, October 21, 2008 I, SHERIFF OF CUMBERLAND COUNTY, pA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank ou. Y Affidavit of Service Now, October 23 20 08, at 7:21 p o'clock M. served the within Ccnplaint in Mortgage Foreclosure upon Douglas V. Simmons at 113 Chestnut St. Marysville, Pa 17053 ( Marysville Boro) by handing to Douglas V. Simmons, Defendant a True & Attested Complaint in mortgage copy of the original - For i osure and made known to Him the contents thereof. Sworn and subscribed befor me this??ay of Q 20 bff So answers, Houck Deputy S eriff of Pert County, PA COSTS SERVICE MILEAGE AFFIDAVIT w WU R. Ron-ER, Notary P Wt qm"W ftm. Perry j c PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff VS. DOUGLAS V. SIMMONS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6172 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: -- ?? Yed? Francis S. Hallinan, Esquire Date: 11 /04/08 _,- PHS #: 189152 VERIFICATION Kristine Wilson Limited Signing v I he V- 11 hereby states that he/she is of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, RESIDENTIAL FUNDING COMPANY, LLC, 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 authorities. DATE: ![?? ?Q( Loan:7442193140 Name: Title: Kristine Wilson Limited Signing Officer Company: GMAC MORTGAGE, LLC File #: 189152 r .: 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 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff VS. DOUGLAS V. SIMMONS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-08-6172 : 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: DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA 17011-8425 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: )?? Francis S. Hallinan, Esquire Date: 11/04/08 C7 P13 ?. CD -tea _ CD Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 RESIDENTIAL FUNDING COMPANY, LLC VS. DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 PRAECIPE FOR TO THE PROTHONOTARY: Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6172 REM JUDGMENT FOR FAILURE TO Kindly enter judgment in favo of the Plaintiff and against DOUGLAS V. SIMMONS, Defendant(s) for failure to file an An er to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale o the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $316,950.59 Interest -10/15/2008 to 12/02 2008 $3,484.39 TOTAL $320,434.98 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) Schmieg, Esquire Attorney for Plaintiff 4 DAMAGES ARE HEREBY ASSESOD AS INDICATED. DATE: PHS # 189152 PRO PROT Y that notice has been given in accord ce with Rule 237. 1, copy Daniel G. attached. 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 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff V. DOUGLAS V. SIMMONS Defendant, TO: DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 DATE OF NOTICE: November 18, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-6172 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO CO LECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FRO 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 ailed 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 b 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 rCHIQUVilstant W PETERSON Legal A PHS # 189152 .-- Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IRESIDENTIAL FUNDING COMPANY LLC : COURT OF COMMON PLEAS VS. DOUGLAS V. SIMMONS Attorney for Plaintiff : CUMBERLAND COUNTY : CIVIL DIVISION : No. CIVIL-08-6172 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, E (quire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that ?n information and belief, he has knowledge of the following facts, to wit: (a) that the deft States or it Allies, or otherwise Act of Congress of 1940, as an (b) that defendant D( at 113 CHESTNUT STREET, MAR V. SIMMONS is over 18 years of age and resides PA 17053. This statement is mad subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to au horities. Daniel G. Schmieg, Esquire Attorney for Plaintiff ,) is/are not in the Military or Naval Service of the United the provisions of the Soldiers' and Sailors' Civil Relief F-i c? a _. ." (Rule of Civil Procedure No. 236) - Revised RESIDENTIAL FUNDING COMPANY, CUMBERLAND COUNTY LLC COURT OF COMMON PLEAS VS. DOUGLAS V. SIMMONS CIVIL DIVISION 113 CHESTNUT STREET . MARYSVILLE, PA 17053 No. CIVIL-08-6172 Notice is given that a udgment in the above captioned matter has been entered against you on o By: --$?-? II - If you have any questions concerning this matter please contact: aniel G. Schmieg, Esq ire ?? Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED ILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIE AGAINST PROPERTY** PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 RESIDENTIAL FUNDING COMPANY, : COURT OF COMMON PLEAS LLC : CIVIL DIVISION Plaintiff : NO. CIVIL-08-6172 vs. : CUMBERLAND COUNTY DOUGLAS V. SIMMONS • 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. Phelan Hallinan& Schmieg, LLP Attorney for Plaintiff c" rn c7 Francis S. Hallinan, Esquire zrn rn Date: 11/04/08 - -c , o r—z --1c y;.c co C) —zt to `. PHS #: 189152 VERIFICATION Kristine Wilson Limited Signing Officer hereby states that he/she is of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, RESIDENTIAL FUNDING COMPANY, LLC, 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 authorities. LAt tr.. t on Name: Kristine Wilson :DATE " Title: Limited Signing Officer Company: GMAC MORTGAGE,LLC Loan:7442193140 File#: 189152 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 RESIDENTIAL FUNDING COMPANY, : COURT OF COMMON PLEAS LLC : CIVIL DIVISION Plaintiff : NO. CIVIL-08-6172 vs. : CUMBERLAND COUNTY DOUGLAS V. SIMMONS • Defendant(s) • CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA 17011-8425 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 11/04/08