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HomeMy WebLinkAbout08-6854U/ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 YRANCIS S. HALLINAN, ESQ., Id. No. 62695 VDANIEL 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 191454 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. EDWARD J. MCNEAL n 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 041 NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191454 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 (717) 249-3166 He #: 191454 1. Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 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: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1494, Page 577. By Assignment of Mortgage recorded 07/01/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 1042. 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 07/01/2008 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 #: 191454 6. The following amounts are due on the mortgage: Principal Balance $65,252.32 Interest $2,103.56 06/01/2008 through 11/19/2008 (Per Diem $12.23) Attorney's Fees $1,250.00 Cumulative Late Charges $100.76 10/28/1998 to 11/19/2008 Property Inspections $35.50 Cost of Suit and Title Search 750.00 Subtotal $69,492.14 Escrow Credit $0.00 Deficit $162.80 Subtotal 1$ 62.80 TOTAL $69,654.94 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 Sheriff s 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 #: 191454 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an m rem Judgment against the Defendant(s) in the sum of $69,654.94, together with interest from 11/19/2008 at the rate of $12.23 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. By: PHELAN tLktLINAN & SCIMMG, LLP LAWRENCE T. FHELAf, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 191454 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley; on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and extending on the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. PREMISES BEING: 144 SOUTH ENOLA DRIVE PARCEL NUMBER: 09-15-1291-140 File #: 191454 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: A t - t ct - 0 o r o 7 t i r1 z . tv m t G? 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 ATTORNEY FOR PLAINTIFF (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. CIVIL 08-6854 VS. CUMBERLAND COUNTY Ey NVARD d MCN tIL Defendant(s) 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: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Date: 12/4/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire 0 h f7i -Z7 ri 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, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff VS. EDWARD J. MCNEAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6854 CUMBERLAND COUNTY 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: 12/4/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:? r Francis S. Hallinan, Esquire PHS #: 191454 ..1' ?.?,..: G? rrl -TI VERIFICATION Jeffrey Stephan Jeffrey Stephan --?mited Signing Officer hereby states that he/she is Limited Signing Officer of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, S/M TO GMAC MORTGAGE CORPORATION, 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: 5 Jeffrey Stephan Title: Limited Signing Officer Company: GMAC MORTGAGE, LLC Loan:0306584533 File #: 191454 ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06854 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE VS MCNEAL EDWARD 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 MCNEAL EDWARD J but was unable to locate Him in his bailiwick. He therefore returns the ("()MOTA TNTT _ M/lD'T Len= NOT FOUND , as to the within named DEFENDANT , MCNEAL EDWARD J 144 SOUTH ENOLA DRIVE ENOLA, PA 17025 DESPITE NUMEROUS ATTEMPTS, PAPER EXPIRED BEFORE SERVICE WAS MADE. DEFENDANT DID CALL OFFICE SEVERAL TIMES CLAIMED HE WAS NOT AVOIDING 94d/CE. Sheriff's Costs: So answ r Docketing 18.00 Service 43.20 Affidavit .00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 llL7?/09 ?,? '? 76.20 PHELAN HALLINAN & SCHMIEG 12/23/2008 Sworn and Subscribed to before me this day of , A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Sean.mcdonnell@fedphe.com GMAC Mortgage, LLC, S/UI to GMAC Mortgage Corporation vs. Edward J. McNeal Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. Civil 08-6854 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Edward J. McNeal, by first class mail and certified mail to the Defendant's mortgaged premises, 144 South Enola Drive, Enola, PA 17025, posting of the mortgaged premises, 144 South Enola Drive, Enola, PA 17025, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Edward J. McNeal, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 144 South Enola Drive, Enola, PA 17025. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the attempts made were unsuccessful. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3 3. Plaintiff contacted the Prothontary's Office and as of April 9, 2009, no Judge has previously entered a ruling in this case 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on February 19, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's February 19, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, Edward J. McNeal, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire Attorneys for Plaintiff April 9, 2009 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Sean.mcdonnellkfedphe.com Attorney for Plaintiff GMAC Mortgage, LLC, S/I/I to Court of Common Pleas GMAC Mortgage Corporation Civil Division VS. Cumberland County Edward J. McNeal No. Civil 08-6854 MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 5 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: April 9, 2009 6 EXHIBIT "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06854 P COMMONTWEALTH OF PENNSYLVANIA COUNT, nF CUMBERLAND GMAC MORTGAGE VS MCNEAL EDWARD 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 MCNEAL EDWARD J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 144 SOUTH ENOLA DRIVE MCNEAL EDWARD J ENOLA, PA 17025 DESPITE NUMEROUS ATTEMPTS, PAPER EXPIRED BEFORE SERVICE WAS MADE. DEFENDANT DID CALL OFFICE SEVERAL TIMES CLAIMED HE WAS NOT AVOIDING Sheriff's Costs: So answ?r1' ? Docketing 18.00 ?- Service 43.20 :- Affidavit .00 R. Thomas Cline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 76.20 PHELAN HALLINAN & SCHMIEG 12/23/2008 Sworn and Subscribed to before me this day of A.D. T6?vf /9iY>?/ EXHIBIT "B" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 191454 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Edward J. McNeal Property Address: 144 South Enola Drive, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Edward J. McNeal - xxx-xx-6587 B. EMPLOYMENT SEARCH Edward J. McNeal - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Edward J. McNeal reside(s) at: 144 South Enola Drive, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Edward J. McNeal. B. On 11-07-08 our office made several telephone calls to the phone number (717) 579- 9023 and received the following information: answering machine. On 11-07-08 our office made a telephone call to the phone number (717) 728-7490 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 11-07-08 our office made a phone call in an attempt to contact Susan F. Albright (717) 732-7132,140 South Enola Drive, Enola, PA 1702: spoke with an unidentified female who could not confirm that the subject reside(s) at 144 South Enola Drive, Enola, PA 17025. On 11-07-08 our office made a phone call in an attempt to contact Barbara A. Morgan (717) 732-7952,141 South Enola Drive, Enola, PA 17025: fax tone. On 11-07-08 our office made several phone calls in an attempt to contact Charlene Zimmerman (717) 732-5687,145 South Enola Drive, Enola, PA 17025: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-07-08 we reviewed the National Address database and found the following information: Edward J. McNeal -144 South Enola Drive, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Edward J. McNeal. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-07-08 Vital Records and all public databases have no death record on file for Edward J. McNeal. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Edward J. McNeal residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Edward J. McNeal -10-15-1951 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to he penalties of a C.S. Sec. 4904 relating to unsworn falsification to auth itiies. COMMONWEALTH OF PENNSYLVANIA AFFIANT - Brendan Booth NOTARIAL SEAL Full Spectrum Services, Inc. THOMAS P. STRAIN, Notary Public City of Philadelphia, Phila. County My Commission Expires February 4, 2010 Sworn to and subscribed before me this 7th day of Novem er, MUS. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND EXHIBIT "C" . ro ? ? ? G c ? t W c E E n°o E0 .0 G O . ?.X.(. U ? 7 O cd ' : a = N vYV E E O 7 O F [? t U E O n O b . v o. E a o ? G O 'fl N N 'O C ? G p H l - ^ G y ? cd H d E Q E O O ? - 2 o ea 8-4AX,q? GG°?3> 0 0 o a g o e?3o0,3d 3?o gar z° ??w= o c' E 14 V G ?" N O O ^14 N W Q U •o ? o cn O? L ?v?s¢ w N rl ? ? O .`O-i a z > G ? G ° V7 y ? F' 769 M N E 8 ro N [LE b ['?? a ? O Q a of O C W A O W 0 iv a? z U 0 c? "Ci L N M 7 ?n O l? 00 O, O O y 'd c ? o w AAti V\ ??1 "yV" N F O a of 0. w a? z ?. U U ? a0 CAS O yo 3 ;a W ?? Z W U - ?o (U w ? o >> a ° 8 N N z 'a N U O H PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-320-0007 Ext. 1422 Main Fax: 215-563-4508 E-mail Sean.mcdonnell@fedphe.com Sean McDonnell, Service Department February 19, 2009 Edward J. McNeal 144 South Enola Drive Enola, PA 17025 Representing Lenders in Pennsylvania and New Jersey RE: GMAC Mortgage, LLC, S/UI to GMAC Mortgage Corporation vs. Edward J. McNeal Premises Address: 144 South Enola Drive, Enola, PA 17025 Cumberland County, No. Civil 08-6854 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 26, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, CL_)c?Lx - 'Z?? _)J-) Sean McDonnell For Daniel G. Schmieg, Esquire 9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Civil Division VS. No. Civil 08-6854 Edward J. McNeal ORDER AND NOW, this day of 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Edward J. McNeal, by: 1. Posting of the premises: 144 South Enola Drive, Enola, PA 17025. 2. First class mail to Edward J. McNeal at the mortgaged premises located at 144 South Enola Drive, Enola, PA 17025; and 3. Certified mail to Edward J. McNeal at the mortgaged premises located at 144 South Enola Drive, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Edward J. McNeal 144 South Enola Drive Enola, PA 17025 BY THE COURT: J. 2 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Sean.mcdonnell@fedphe.com@fedphe.com Plaintiff GMAC Mortgage, LLC, STI to GMAC Mortgage Corporation vs. Edward J. McNeal Court of Common Pleas Civil Division Cumberland County No. Civil 08-6854 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Attorney for Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Edward J. McNeal, by first class mail and certified mail to the Defendant's mortgaged premises, 144 South Enola Drive, Enola, PA 17025, posting of the mortgaged premises, 144 South Enola Drive, Enola, PA 17025, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Edward J. McNeal, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 144 South Enola Drive, Enola, PA 17025. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the attempts made were unsuccessful. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3 I Plaintiff contacted the Prothontary's Office and as of February 19, 2009, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on February 19, 2009 and requested Defendant's concurrence. 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, Edward J. McNeal, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: 1 Daniel G. Schmieg, Esquire Attorneys for Plaintiff February 19, 2009 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Sean.mcdonnell@fedphe.com@fedphe.com Plaintiff GMAC Mortgage, LLC, S/M to Court of Common Pleas GMAC Mortgage Corporation Civil Division VS. Cumberland County Edward J. McNeal No. Civil 08-6854 MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: Attorney for (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the 5 publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 19, 2009 6 EXHIBIT "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06854 P • COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE VS MCNEAL EDWARD 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 MCNEAL EDWARD J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT MCNEAL EDWARD J NOT FOUND , as to 144 SOUTH ENOLA DRIVE ENOLA, PA 17025 DESPITE NUMEROUS ATTEMPTS, PAPER EXPIRED BEFORE SERVICE WAS MADE. DEFENDANT DID CALL OFFICE SEVERAL TIMES CLAIMED HE WAS NOT AVOIDING ,9k?/GE. Sheriff's Costs: So answ --? Docketing 18.00 Service 43.20 Affidavit .00 R. Thom s Cline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 76.20 PHELAN HALLINAN & SCHMIEG 12/23/2008 Sworn and Subscribed to before me this day of A.D. j 9/ Y-5-?/ EXHIBIT "B" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 191454 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Edward J. McNeal Property Address: 144 South Enola Drive, Enola, PA 17025 1, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Edward J. McNeal - xxx-xx-6587 B. EMPLOYMENT SEARCH Edward J. McNeal - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Edward J. McNeal reside(s) at: 144 South Enola Drive, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Edward J. McNeal. B. On 11-07-08 our office made several telephone calls to the phone number (717) 579- 9023 and received the following information: answering machine. On 11-07-08 our office made a telephone call to the phone number (717) 728-7490 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 11-07-08 our office made a phone call in an attempt to contact Susan F. Albright (717) 732-7132,140 South Enola Drive, Enola, PA 1702: spoke with an unidentified female who could not confirm that the subject reside(s) at 144 South Enola Drive, Enola, PA 17025. On 11-07-08 our office made a phone call in an attempt to contact Barbara A. Morgan (717) 732-7952,141 South Enola Drive, Enola, PA 17025: fax tone. On 11-07-08 our office made several phone calls in an attempt to contact Charlene Zimmerman (717) 732-5687,145 South Enola Drive, Enola, PA 17025: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-07-08 we reviewed the National Address database and found the following information: Edward J. McNeal -144 South Enola Drive, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Edward J. McNeal. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-07-08 Vital Records and all public databases have no death record on file for Edward J. McNeal. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Edward J. McNeal residing at. last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Edward J. McNeal -10-15-1951 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to he penalties of a C.S. Se . 4904 relating to unworn falsification to auth ties. AFFIANT -Brendan Booth COMMONWEALTH OF PENNSYLVANIA Full Spectrum Services, Inc. NOTARIAL SEAL THOMAS P. STRAIN, Notary Public City of Philadelphia, Phila. County Sworn to and subscribed before me this 7th day of NovemMerComrrusslon Expires February 4, 2010 MUT The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire / Attorney for Plaintiff February 19, 2009 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Sean.mcdonnell@fedphe.com@fedphe.com Plaintiff Attorney for GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County No. Civil 08-6854 Edward J. McNeal CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. Edward J. McNeal: 144 South Enola Drive Enola, PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: February 19, 2009 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff 8 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By.s Daniel G. Schmieg, Esquire Attorney for Plaintiff April 9, 2009 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Sean.mcdonnell@fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC, S/UI to GMAC Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County No. Civil 08-6854 Edward J. McNeal CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. Edward J. McNeal: 144 South Enola Drive Enola, PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: April 9, 2009 Phelan Hallinan & Schmieg, LLP By. Daniel G. Schmieg, Esquire Attorney for Plaintiff 8 FILED-OFRCE OF THE PR"TH?)N )TAAY 2009 APR 13 AM 9: 5 7 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. Francis S. Hallinan, Esq., Id. No. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC MORTGAGE CORPORATI Plaintiff vs. EDWARD J. MCNEAL Defendants TO THE PROTHONOTAR Kindly reinstate the captioned matter. S/I/I TO GMAC : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL 08-6854 Action in Mortgage Foreclosure with reference to the above PHELAN HALLINAN & SCHMIEG LLP dj??? Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: Anril9, /sam, Svc Dept. File# 191454 C?I-b OF THE PRO1'F=C?N"OTAPY 2009 APR 13 All 10: 4 4 ?2?- ?, assn APR 14 2009 e? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, S/l/l to GMAC Mortgage Corporation Civil Division VS. No. Civil 08-6854 Edward J. McNeal ORDER AND NOW, this day of 2009,uPon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Edward J. McNeal, by: 1. Posting of the premises: 144 South Enola Drive, Enola, PA 17025. 2. First class mail to Edward J. McNeal at the mortgaged premises located at 144 South Enola Drive, Enola, PA 17025; and Certified mail to Edward J. McNeal at the mortgaged premises located at 144 South Enola Drive, Enola, PA 17025; and 4 OlUe. *,41" TIJ BY THE COURT: Cc: ward J. McNeal 44 South Enola Drive Enola, PA 17025 PHS#: 191454 J. x 2 ? .? ?? ? ?. 6. '- ?'a Ri.. ?"S Qr ; t ? -"' ? = v7 _- -r '? . ?. y? C7 ?' N C.3 ?,, ? _+y _ ,?} ,?a ?i Y • + ,,, .; 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff VS. EDWARD J. MCNEAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. CIVIL 08-6854 Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN . LINAN & SCHMIEG, LLP By: Lawrence T. Ph a squire Francis S. Hallinan, squire 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: April 28. 2009 /jrm, Svc Dept. File# 191454 ALEC •?wi=riCE OF Th"c PR-) Wn-N".- TARY 2009 MAY - I PAM 10: 4 5 cut, 4 "> A* aavsz 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC S/I/I TO GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff VS. : CIVIL DIVISION EDWARD J. MCNEAL CUMERBLAND COUNTY Defendant(s) NO. 08-6854 AFFIDAVIT OF SERVICE OF COMPLAINT RV MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons EDWARD J. MCNEAL at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711, on APRIL, 29, 2009, in accordance with the Order of Court dated APRIL 15, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: Aril 2R_2009 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan Esq 're Francis S. Hallinan, e 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff R D>?i CE OF THE P?,,'?THCONMAPY 2009 MAY - I AM 10.4 7 C'..: ;j_araiVT' Sheriffs Office of Cumberland County R Thomas Kline cs*'80 °' ? .V eP44# Solicitor Sheri G ?Jody S Smith Ronny R Anderson Chief Deputy oFfIcE or THE $+IERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/05/2009 06:50 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 5, 2009 at 1850 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Edward J. McNeal, by making known unto himself personally, defendant a 144 South Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, 0 MR- - le to 0* R THOMAS KLINE, S ERIFF May 06, 2009 2008-6854 GMAC Mortgage, LLC VS Edward J. McNeal By Deputy Sheriff n rv o - crx? a m ?? -5 :L 15W c L-A , PA 14o z5 'C 7'i.t : Goc1 P?"T °? -Gds! F?to 1?1:. ?C. S G i i [? rDt t) i S i p N k -8_. ACTi ' -k4?"`t'.. (.tN.' _oAT.rC-....._ .. Sow v 6 0 P&. -Z e*, 3 H-A LL0_ _ Sc 1, I ?.0 -1 T44 Po 110 41 + - ' S i 1 Gc..U ??E__ Gosrs So?1??Z --1? t 4e-- 140T - ------------- VJ 5- rj4-A-' r4 f A T7 To Aevr -A, --ri s-46A*--Q X76 © W,4-c '-' T An,Ri _ r-? u 0 I a` ?e- ?.t0 •1_' Am -AS VJI-T i _ _ ?- - ? X400 ?l.?.?,., _ _???I?TI.?'? • . _ _ ". _ _ _ _.., y '?l?-55?•z5z? _ _ 1: Bpi .µ a , f ,.fit "• .. .5`.. t ?? ? ? ' ? Y 1..*i -- " + •. a ? k w. r A ` i dw J. K4 -Acok i 1,. .L 4c n 7 f..t e?ttit? s 6Du/A AP J. Me- tit 5A L. PROPE9-TY Aopl36,SS-. 144-SOUTH 6 ftoLA_. vii vc-, -- -- --- - - - -- Laf-?o4-A PA- 1102.5 -- - _LoAN fju _M_ `re> WHb_m T . GaNGERNS - - - - --- -- -- T A ? T!-4 ? o{,c/ tJ.?f?---o_F -- ? ?Ti4. i N??? •dil.?f'!? o E'[? KT l..oGA-r(:-p. A7r _ 144-...:5pa-r Not-A Dig „iv hvl ioL?A? PA_??._____ r ?,; t?lh! t GN._IS _ 5EG.Uf%1 TYF-o0S A L oAE4 MAA?O-- 5? ?*,4 i S A660 i?>A kl< a MoR -VAS f"bP3A-r to 14 _ -T6-Y- . I c>) PAY-5__"'t" E Ako ?( t Ssoi3`r NOTE WW I GN I. _ t f . .oa_._ .`__eUS`,i'i AT IJ_T7,1'5-57n95- ?_.._T +4 tS Go cl Q= Go -1 ?k''?•?S JC.. ?i&t?l t`.4-t -- G LV T .._ i lt_ l S o sa _ _ _ f AP A -6 JS . t V tA? _ r.,?o- _ uTt4_ OW - ttr.A_- Pf! - _- : FeW PA*I-r- _ t4+ <oa- ?-? '? P4. ?, ?.r?, ?? _i r ' ` ° .,-,f .. ,,; t'?? - t ' ? '? vua? v " ,.., ? .,f? _. J '•- e _ _ , t_?a. .., .... ..r. n. S.. .., # c v. 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 Attorneys for Plaintiff 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., I.d. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC Mortgage, LLC, S/M To GMAC Court Of Common Pleas Mortgage Corporation Civil Division VS. Edward I McNeal : Cumberland County : No. Civil 08-6854 I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated April 15, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel. on May £, 2009 and Cumberland T aw ourrna_l on May 8, 2009. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP V. Lawre a T. P elan, Esqu e Fr s S. Hall an, Es re Daniel G. Schmieg, squire 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire I D?tt2oSCtr} Courtenay R. Dunn, Esquire Attorneys for Plaintiff Date: May 29, 2009 Sean McDonnell Service Dept. PHS#: 191454 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 6, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the Facter ing statement as to time, place and of publication are true. 11 k U Sworn to and subscribed before me this P d aoog a?i1? GUS flu Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BAMBI ANN HECKENDORNK,, Notary Pul* Camp Hill Boro., Cumberland Cointy Commission Expires January 27, 2010 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 - 11?- - )K"- 4y- - (Ysa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 8 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 8, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. d 4 , . - CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-6854 GMAC MORTGAGE, LLC S/I/I TO GMAC MORTGAGE CORPORATION vs. EDWARD J. McNEAL NOTICE TO EDWARD J. McNEAL: You are hereby notified that on NOVEMBER 20, 2008, Plaintiff, GMAC MORTGAGE, LLC S/I/I TO GMAC MORTGAGE CORPORA- TION, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 08-6854. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025 whereupon your property would be sold by the Sheriff of CUM- BERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 8 THE .7"VY 2009 JUN -1 M"I 10; CN Ci:1°t t wf.i? PHELAN HALLINAN & SCHMIEG, LLP BY: Sheetal R. Shah-Jani, Esquire Identification No. 81760 One Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I To GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff Court of Common Pleas : Civil Division : Cumberland County : No. CIVIL 08-6854 CERTFICATION OF SERVICE I hereby certify true and correct copies of the Plaintiff's Objections and Responses to Defendant's First Request for Production of Documents addressed to Plaintiff were served by overnight mail on the Defendant on the date listed below: Edward J. McNeal, Pro Se 144 South Emola Drive Enola, PA 17025 2711 Date: By: Sheetal R. Shah-Jar4t-, *-squire Attorney for Plaintiff FILED-: r , OF T I -, AIRY 2 v' 3L 16 tjN 10: 11 •i i .!4 N PHELAN HALLINAN & SCHMIEG, LLP By: ANDREW C. BRAMBLETT, ESQUIRE Identification No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I To GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. CIVIL 08-6854 MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of Recorder of Cumberland County in Book No. 1494, Page 577, is attached hereto, made part hereof, and marked as Exhibit A. A true and correct copy of the Note is also attached hereto, part hereof, and marked as Exhibit Al. 4. By Assignment of Mortgage recorder July 1, 1999, the Mortgage was assigned to Plaintiff, which Assignment is recorded in Book No. 617, Page 1042. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 5. The Mortgage is due for the July 1, 2008 payment, a period in excess of the fourteen (14) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 6. Plaintiff filed a Mortgage Foreclosure Complaint on November 20, 2008. A true and correct copy of the Complaint is attached hereto, incorporated herein by reference, and marked as Exhibit C. 7. Defendant, Edward J. McNeal, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiff's attached Brief. 8. Defendant denied in paragraph three of his Answer that he executed the Mortgage and that the Mortgage has been assigned to Plaintiff. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked as Exhibit A and Al, respectively. 9. Since Defendant admitted the default in paragraph five (5) of his Answer to the Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Brief. 10. In his Answer, Defendant generally denies paragraph six (6) six of the Complaint, which avers the amounts due on the Mortgage. A true and correct copy of Defendant's Answer is attached hereto, incorporate herein and marked as Exhibit D. 11. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendant of EXHIBIT A .' L.aun Nu: ON W.344 Data ID: 825 ',Borrower: EDWARD J MCN& ' 9Ux parcel Idcntirlention Number: CERTIFIED TO BE A TRUE AND 0ORREDT DOPY OF THE ORIGINAL Return lo: ACCUBANC MORTDAOE CORPORATION P.O. BOX tttt9m DALLAS, TEXAS 75380.9068 t>p? Ahow 1%U Lbw for R.ovWMg Way MORTGAGE N11A CM % 441-58389313 701 THIS MORTOA0E ("Security Instrument") is given on the 23rd day of October. 1996. The mortgagor is EDWARD J MCNEAL whose address is 144 S ENOLA DRIVE, ENOLA, PENNSYLVANIA 17025 ` ("Borrowcell This Security Instrument is given to ACCUBANC MORTGAGE CORPORATION, A CORPORATION. which is organixod and existing under the laws of the State of TEXAS, and whose address L 12377 MERIT DRIVE, #M% P.O. BOX 8091189, DALLAS, TX 75251 ("Leader'). Borrower owes Lender the principal sum of SIMENTY 11M THOUSAND SIGHT HUNDRED TIIRSB and NO/100-----Dollars (U,.R. $ 75,903A0). This debt is evidenced by Borrowers note dated the same date as this Security Tralrument ("Note"), which provides t'or monthly payments, with the full debt. if not paid earlier, due and payable on November 1, 2028. This Security Instrument secures to Lander. (a) the repayment of the debt evidenced by the Note, with Intcn:st, and utt renewals, odanxiors and modillcnlions or the Note; (b) the payment of all other suns, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the perrormanco or Borrowers coverurnts and ogreements under this Security Instrument and the Note. Fbr this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the City of ENOLA, CUMBULAND County, Pcnnsytvania: PENNSYLVANIA FHA MORTGAGE 10195 (Aayo r of 7 pap o) I NgI111,11NII11M111uI111Al1111111111111111111B91111??111111 SHE ATTACHED • which hxut the address or 144 S ENOIA DRIVE, Pdmruylvanin JZ1p 17025 1 0 ("Property Ad drai" ENOLA, . Tbarmatit Wmt all the improvements now or hereafter erected on the property, and all easements, appurtenanctst, and fixtures now or hereafter a part or the property. All replacements and additions shall also be covered by this Security Instrument. All or the foregoing is referred to in this Security Instrument as the "Properly." ' BoRRowFtt CoviwAmv that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, ampt for encumbrances of record. Borrower warrants and will defend generally the title to the Properly against all claims and demands, subject to any encumbrances of record. 9tins SWURrry Wrmumpmr combines unirorm covenants rot national use and non-uniform covenants with limited variations by jurisdiction to constitute it unirorm security ImItument covering real property. UNIPDItm CDVFwAm. Borrower and Lender covenant and agree as follows: I. i'eymem or Principal, lntereat and We Charge. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Nola and late charges duo under the Note 2. Monthly Payment or 'l'azes, lnaarann and Other Charges. Borrower shall include in each monthly payment. together with the principal and interest as eel forth In the Note and any Into charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property. and (c) premiums for insurnncx required under paragraph 4. In any year in which the Lender must pay a mortgatic insunim.•e premium to the Secretary of Housing and Urban Development (Mccrc[aFyl, or In any year in which such premium would have been required If Lender still held the Security Instrument, each monthly payment shall also Include either. (f) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead or a mortgage insurance premium if this security Instrument is held by the Secretary, In a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are calked *Escrow llcnW and the sums pald to Lender are caged 'Escrow Funds! Lender may, qt any time, collect and hold amountss for Escrow Items in an swept@ amount not to exceed the maximum amount that mity be required for Borrower's escrow amount under the Real Estate Settlement Procedures Act of 1974.12 U.S.C. 4 21101 et sew and implementing regulallorsx. 24 CPR Par[ 350% as they my be amended from time to time CRESPA"). oxcept that the omblon or reserve permitted by RESPA rot unanticipated disbursements or dishursetnents before the Borrower's payments arc available in the account may not be based on amounts due for the mortgage Insurance premium. 44" "P2of7pageo Loon No; ISM)7344 0 0 Date IV: 825 jr the amounts hold by L.endcr for Escrow Item exceed the amounts permitted to he hell by RESPA, Lender shall account to Borrower for the cxcm funds us required by RESPA. If the amounts of funds hold by Lender at any time tire not suMLgenl to pay the Escrow Items when due, Lender my notify the Borrower and require Borrower to make up the shortugc as permitted by RESPA. The 8scrow Funds are pledged as additional security for ail sums secured by this Security Instrument. If Borrower lenders to Lender the full payment of all such sums. Borrower's account shall be credited with the balance ruining for all Installment items (a), (b), and (c) and any mortgage Insurance premium installment that Lender has not become obtigatcd to pay to the Secretary, and Lender shall promptly refund any access funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all inslollmenis for items (a), (b), and (c? , 3. Application of Paymouln. All payments under paragraphs I aril 2 shall be applied by Lender m follows: jam, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; §ccon to any taaxa% special auessments, leasehold payments or.Smund van%.and lire, Ilood and other hazard Insurance premiums, as requind; Third, to interest due under the Note; Fourlh, to amorlivttlion of the principal of the Note; and f'J1111. to lute charges due under the Note. 4. FIre, Recd and Other Hazard Insurance. Borrower shall insure all Improvements on the Property, whether now in existence or subsequently erected, against any harards, casualties, and contingencies, including fare, for which Lender requires Insurance. This insurance shall be maintained In the amounts and for the periods that Lander requires. Borrower shall also insure all improvements on the Property. whether raw In existence or subsequently erected, against less by linods to the extent required by the Secretary. All Insurance shatt be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Landor and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of Joss, Borrower shalt give Lender linnu lute notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorind and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the Insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order In paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shag not extend or postpone the date date of the monthly payments which are referral to In paragraph 2. or change the amount of such payments. Any excess Insurance proceeds over an amount required to pay all outstanding Indebtatinc s under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that cxlkWbhes the Indebtedness, all right, title and interest of Borrower In and to Insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenaace and Protectloo of the Property; Borrower's Loan Application; i.easWrulds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days utter the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the data of occupancy, unless Lender deiermin s that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which ore beyond Borrowees Lontrol. Borrower shall notify Lender of any extenuating cirxmstau, Borrower shall not commit write or destroy, damage or substantingy change the Properly or allow the Property to deteriorate, reasonable wear and [car excepted. Lender may inspect the Properly If the Properly is vacant or abandoned or the Ian is in default. Leader may take reasonable action to protect and preserves such vacant or abandoned Property. Borrower shall also be In default if Borrower, during the loan application process, gave materially false or Inaavrato informatIon ar statements to Lender (or railed to provWc Lender with any material Information) in connection with the ban evidenced by the Nole. Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agues to the merger in wriling. 6. condeameatlan. The proceeds of any award or claim for damages, direct or consequential, in connection with any eWtdemnaation or other taking of any part of the Property, or for c onveyonce in place of condemnation, arc hereby uwtigned and shall be paid to Lender to the extent of the fait amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided In paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due tom... •, ?. a a i>? 0 dale or the monthly payments, which are referred to in paragraph 2. or change the amount or such payments. Airy dears proceeds over an amount rcquirud to pity all outstanding lndebledne n under the Nolo and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Char sea to ltarrawd:r and Pr adjoin or Lendiers Rights In ilia Property. Borrower shall pay en governmental or municipal charges, lines and Impositions that are not included in paragraph 2. Borrower shall pay These obligations on time directly to the cnlity which Is owed the payment. 1r failure to pay would adversely effect Lendees interest in the Property, upon Fender's requcsl Borrower shall promptly furnish to Len der receipts evidencing these pnyrraerts. if Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other comments and agreements contained in (his Security Instrument, or there In a legal proceeding that may signifie:antly affedd 1-ender': rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lander may do and pay whatever is necessary to protect the value of the Properly and Lender's rights in the Property. Including payment or taxes, hnrnrd insurance and other items mentioned In paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immedintely due and payable:. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees In writing to ilia payment of the obligation secured by the Ben in a manner acceptable to Lender, (b) contests in good faith the lien by, or dcrends against enforeement or the Ike in. legal proceedings: which in the Lendces,opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lips an agreement satisfactory to Leeulcr subordinating the lien to this Security Instrument. If Leveler determines that any part of the Properly Is subject to as Hen which may attain priority over this Security Instrument, Lander may give Borrower a notice identifying the tier. Borrower shall sulisfy the lion or take one or more or the actions set north above within 10 days or the giving of nodcc. & Fees. Lender may collect rocs and charges authorized by the Secretary. 9. Grounds fur Accelerallon or DeM. (a) Defwult. Leader may, except as limited by regulations Issued by the Secretary in the cam of payment defaults, require immediate payment in fun or all sums secured by this Security Instrument III (i) Borrower defaults by railing to pay in full any monthly payment required by this Security Instrument prior to or on the due date or the next monthly payment, or (ii) Borrower defaults by failing, ror a period or thirty days, to perform any other obligations contained in this Security Instrument. (h) Sale Without Credit Approval. Lander shall, W permitted by applicable law (Including socllon 341(d) or the Oarn-St Oermain Depository iatitutions Act of 1982,12 U.S.C. 1741)-3(d)) and with the prior approval or the Soactery, require Immediate payment in full of all sums secured by this Security Instrument M (Q An or part or the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise: trarsrarred (other than by devise or descent), and (i) The Property Is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or bar credit has not been approved in accordance with the requirements or the Secretary. (r) No Waiver. If circumstances occur that would permit Londer,to require immediate payment In fun, but Lender ekes not require such payments, Ladder dotes not waive its rights with respect to subsequent events. (d) ReguWTiomn of IIIdI) Reeratary. In many Cireunstarces regulations issued by the Secretary will limit Lender's rights, In the cues or paymenl deraulls, to require Immediate payment in full and foreadae if not paid. This Security Instrument does not authoriax acceleration or foreclosure if not permitted by regulations or the Secretary, (e) Mortgage Not luxured. Borrower agrees that If this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 90 days from the date hereof, Lender may, al its option require, immediate payment in full or an sums secured by this Security Instrument. A written statement of any aulhorbmil agent or the Secrelary dated subsequent to 90 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deeamed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavaltability of Insurance is solely due to Fender's fniium to remit a mortgage insurance premium to the Secretary. 10. RelustatemeaL Borrower hug it right to be reinstated if Lander has required immediate payment In full because of Borroweer'7i failure to pay an amount due under the Note or thb Security Instrument. This right applies even alter rorecknure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender In a lump sum all amounts required to bring Borrowers account current Including, to the extent they arc obligations or Borrower under this Security instrument, foreclosure costs and reasonable and customary attorney's fees and expenses properly associated 1 aaa O%V& 4 air pgpky Loan No: lllWt17344 Data ID: 825 with the foreclosure proceeding. Upon ruinstalemont by Borrower, Ibis Security instrument and the obligations that it secures shall remain in erect is if Lander had not required Immediate payment In full. However, Leader is not required te? permit nsinalulamonl ir: (i) Lender hies accepted reinstatement after the commencement of foreclosure proceedings within Iwo years Immediately preceding Idle commencement of a current foreclosure promding, (ii) reinstatement will preclude fumclosure'on dilTumnt grounds in ilia future, or (iii) reinstatement will adversely effect the priority of the lien craatel by this Security instrument. , 11. 11a?rrower Not Released; Forbearance Ily T.arrtlar Not a Waiver. Exlension of the time of payment or modititattiem of amorti mtliun of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's suoccassor in lateral. Under shall not he required to commence procecdinp against any successor In Interest or refuse to extend time for payment or otherwise mollify omoribmlinn of the sutras secured by this Security Instrument by reason or any dcmamd made by the original Borrower or Borrower's successors in interest. Any forbearance by Lertdiw In excmWnS any right or rcnu* shall not be a wniver of or preclude the exercise of any right or remedy. IL Ruccessora and Asxigns Bound; Joint and Several LWI&II11y; Co-signers. The: covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint ano several. Any Borrower who co- signs this Security Instrume w but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Burrower's Interest in the Properly under the terms of this Security instrument; (b) is not parson ally obligaled to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to amond, modify, forbear or matte any accommodations with regard to the terms of this Security Instrument or the Nola without that Borrowor's consent. 13. Nellcos. Any notice to Borrower provided for In this Security Instrument shall be given by delivering It or by nailing it by first clap mail union applicable law requires use of another method. Mw notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be Shen by first chips maul to Latwlces address slated herein or any address Lender designates by notice to Borrower. Any notice provided for id this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provhdod in this paragraph. 14. Govensinn Law; Severablhity. "is Security Instrument shall be governed by Federal law and the low or the jurisdicsion in which the Property is located. In the event that any provision or clause of this Security Instrument or the Nola conflicts with applicable law, such conflict shall not affect other provisions of this Security instrument or the Nola which can be given cITe?ct without the conflicting provision. To this end the provisions of this Security Instrument tend the Note arc declared to be severahk. IS. Ilorrower'n Copy. Borrower shall be given one conformed copy or the Note and of this Security Instrument. Ile. Ilazardoun Substancox Borrower shall not case or permit the presence, use, dispaut storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Properly thai is in violation of any Environmental Law. Tha preceding Iwo sentences shag not apply to Ilse presence, use. or storage on the Property of small quantities or Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properly. Borrower shall promptly give Lender written notice of any investigation, claim. demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Subptanco or Environmentall sw of which Borrower has actual knaeviehge. If Borrower karts, or in notified by any governmental or regulatory authority, that any removal or other rentediation of any Hwardous Substances affecting the Property is nuccuary, Borrower shall promptly take all ncdwssary remedial actions in accordance with,Environmenial Law. As used in this paragraph 16. 'Hazardous Substances' are those substances donned as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum Products, toxic peslieides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive 1nnlerials. As used in this paragraph Ilk 'Environmental Lave means federal laws and lava of the jurisdiction where the Property is located that relate to health, safely or environmental protection. Nana-UNtneitm CovmaAwm Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally aspigns and transfers to Lender all tho rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenuers and hereby dirocls each Icnant of the Properly to pay the rents to Lender or Landor's agenia, However, prior to Landoes notice to Borrower of Borrower's breach of any covenant or agreement In the Security Instrument, Borrower shall collect and receive all rents and revenues of the Properly as trustee for the benefit of Lender and Borrower. 71tfs asslSnment a rents constitutes an absolute tarsignment and not an assignment for additional security only. If Lender Siva notice of broach to Borrower. (a) all rants received by Borrower shall be hoW by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Leader shag be CMItled to collect and receive all of the rents of the Pmpery, and (c) each tenant of the Property shall pay all rents due and unpuid to Lender or Lender's agent on Lender's written demand to the tenant. 1 Wt10 pays 6 of 7 Peg") Borrower has at l e wculed any prior usignment or the rents and has not and will not perform any act that would pmvcnl Lender from excntisinj its rights under this paragraph 17. Under shrill not he required to enter upon, lake control or or maintain the Property before or alter giving notice or brunch to Borrower. Howe aver, Lender or to judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidole any other right or remedy of Lender. This assignment or rents or the Property shall Icrminulc when the debt secured by the Security Instrument is paid in full. 111. Forectexnre Procedure. If Lender reepatres Immediate payment In full tender paragraph 9, Lender may rereclese this .Stairity Instrument try judicial proceeding. Lender shall be entitled to collect oil expenses incurred in pursuing ibe remedies provided In this paragraph 18, Including, but not limited to, reasonable attorneys' flees and costs of title evidence. If the Leader's Interest In this Security Instrument In held by the Secretary end the Secretary requires immediate payment In full under paragraph 9, the Secretary may Invoke the noWndiclal power or Wale provided In the Single Family Mortgage Foreclosure Act of 1994 (*Ace) (12 U.S.C. 3751 at -a by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided In the Act. Nothing in the preceding sentence shall deprive the Sexetary or any rights otherwise available to a Lender under this Paragraph IN or applicable ltn?. 19. Release. Upon payment of all sums secured by this Security instrument, this Security instrument and ilia estate conveyed shall terminate and become void. Alter such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation oasts. 20. Waivers. Borrower, to ilia extent permilted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benalit of any present or future laws providing t'or stay or a xexutinn, caxtcnsdon or time, exemption from attachment, evy and sale. and homestead exemption. 21. Ite lluxtatement Period. Borrower's time to rcinstale provided in paragraph 10 shag extend to one hour prior to Ilse commencement of bidding nt a sheriir x sale or other sale pursuant to this Security Instrument. 22. i,urchaxe money mortgage. it any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Property, this Security Instrument slml be a purchase money mortgage. 23. Intemat Rate After Judgmaat. Borrower agrees that the Interest rate payable after a judgment h entered on the Note or in on action or mortgage foreclosure xhalf be the rate payable from time to time under On Note. 24. Riders to this Security Instrument. If one or more riders are m=utod by Borrower and recorded together with this Security Instrument. the covenonls or each such rider shall be Incorpotow Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Chock npplicalble boa(rs)[, ? Condominium Rider ? Growing Equity Rider ? Planned Unit Development Rider ? Graduated Payment Rider ? other [spetary) 11 4 ogees (Pape 0 or 7 Pagrnti • Loan No: 0 6807344 0 0 Data ID:.80 • BY Swum Biu?ow, Borrower accepts and agrees to the tam contained in this Security Instrument and in any rider(s) e:tseculctl by Borrower and recorded with it. ' N.N.N.NN...N..• S ./ee .......... ..+ li........ MI,I NNN.NNNIN.6'( ju?i * f I ottCr/ F"d Ffb*d tamq Wt 7N(;ns I!N•.? lGt MINNINNNN.lM(Seas) EDWARD J M BAL -9onoww PPP BWAW DIM DO Fm ftbwM*ftwmnQ Commonwealth or PENNSYLVANI County of /v( 05 (E)f (,/?Ill ; Q . On this the .?3 day of ? ?:. 19 ` 1b before me, , the unders nod olYicar, {penwnaity appearud EDWA O J MCNEAL known to me (or satisroetortty proven) to be the penwn whose name Is subscribed to the within instrument and ncknowledged that he executed the Borne for the pwpmes therein contained. . In witness whereof I hereunto act my haul and official scat ? 44*z (Seal) ? EOMM ' I" 6,d4 111 A. -f3tK My commission expires: W. INsstott6lplios NW.lk CICRTIFI Tt; Q R I B I, Dt cb hereby certify that the oorred address of the y?Nhirtomcd Lender is 1377 MSItIT V..0 DRIVE. 61U, P.O. BOX MM, DALLAS, TX 75251, witness my hand this Oa"q day or QL-W &L .___p 19 4 D I L_ *A JM?_ . Agent r 1IMS pwo r of 7 Pagn) CORRECTION AGREEMENT-LIMITED POWER OF ATTORNEY The undersigned Purchaser/Borrower, and/or Seger, for and in consideration of acahrBana eter?a? r•? Fnratim Under") funding of the loans, on property described as agree. that if requested by t.mhder, to fully cooperate, adjust and correct all TYPOGRAPHICAL OR CLERICAL ERRORS discovered in any or all of the closing documentation executed by the undersigned at settlement. Thr underlipnnd appoint Under and no designee as their altomey-In-foci to aorred any such errors, plwxt our initials on documents where- hiongne ¦m made, and/or sign our names to and ieknowledro any modifih•ation agreement or other document or form adjusUng or correcting such errors. In the event this procedure is utilized, the party(ies) Involved elwll be notified and receive a corrected copy of the changed document(s) from the Lender. Thkh power of atinmay Is coupled with an interred and shalt be irrevocable until the ban is satisfied and shall survive the disability of the undersigned. ,gyp AS Wff NESS our execution lhemof, tl* day of E? 99- Seller Purchaser/Sorrower Seller STATE OF J? Gr`'`•" ? COUNTY TO WIT: h . I HEREBY CERTIFY, that on this c2 3- day of , f 7Q 6 E-X-19 QS before ue the subscriber, a Notary Public in and for the State and County aforerekl, personally appeared- known to me or satisfactorily proven to be the person(s) whore mmw(s0&m eNbecr"d to the w" Correction AgreemenL-Limited Power of attorney and acknowb*0 thoQUIOx executed the same for the purpose therein cmdalnad. AS %TffMS my hand and Notarial Ssal the day and year first above written. - NOTARY LIC NarAMAL SEAL My Commission Exp zae?m A. MOTML Ndiai Pubic o eel My tmIMIM ExOes Nov.15.1 81050L 111/96) a 'Loan No: 08807344 Borrower: EDWARD J MCNEAL NAME AFFIDAVIT The undersigned, having been duly sworn, according to law, upon oath deposes and says: WARD J M 1. Tbat 1 am a/tbe Borrower named in the documents evidencing and securing the Loan referenced above. 2. That 1 am also known, by mistake or otherwise, as [add in yn outer names by which you are or may be knolmr. EDWARD MCNEAL 3. That the signature given below will serve to bind me regardless of the name by which I am known. [You aj sign this AtBdavit and gll other loan documents exactly as indicated on the signature line.] State of PENNSYLVANIA if County of (,q M $?ZL,* § . 3? Sworn To And Subscribed before me on the day of My commission expires- V oc,?orSr Data ID: 825 19j Notary Public NOTARIAL SEAL . 91 7AUCM Bill BKO. Cob ted Name) M!? arotti MIM Expires 1Vov I CO a I 1111111111111111111111111111111111111111111111111111111111111111111111111111111111 IN 1111111111 IN EXHIBIT Al ,Loan No: 08807344 Borrower: EDWARD 7 MCNEAL NOTE October 23, 1998 144 S ENOLA DRIVE ENOLA, PENNSYLVANIA 17025 lPrapwV Addr s l Data ID: 825 FM Cur Na ?. 441-5838938 703 1. PARTIES 'Borrower" means each person signing at the end of this Now, and the person's successors and assigns. 'Lender' means ACCUBANC MORTGAGE CORPORATION and its successors and assigns. ? 2 BORROWBR'S PROMISE TO PAY, INTEREST In return for a loan received from Leader, Borrower promises to pay the principal sum of SEVEMT-FM THOUSAND EIGHT HUNDRED THREE nod N01199 Dollars (U.S. S 75x803.00 j phis Interest, to the order of Lender. Interest will be charged. on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX and THREWFOURTHS percent ( 6.750 % ) per year until the full amount of principal has been paid 3. PROMISE TO PAY SECURED % Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument' The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMF.Pf!' (A) Time Borrower shall make a payment of principal and interest to Leader on the first day of each month beginning on December 1, 1998. Any principal and interest remaining on the tint day of Novembey 2028, will be due on that date, which is called the "Maturity Date. (B) Place Payment shall be made at 12371 MERIT DR, #x600, PO BOX 899089, DALLAS, TEXAS 75251, or at such place as Leader may designate in writing by notice to Borrower. (C) Ampouat ? Each monthly payment of principal and interest will be in the amount of U.S. $ 491.66. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other item in the order deacribed in the Security Instrument. (D) ABorrpe to Thk Note for Payment 44astmesits If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable bax.l p Graduated Payment Allonge O Growing Equity Alkmp O other [spay) 5 BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the lust day of any month Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Leader and permitted by regulations of the Secretary. If Borrower makes a partial prepayment there will be no changes in the due date or in the amount of the monthly payment unless tender agrees in writing to those changes. 6. BORROWERS FAIL TIRE TO PAY (A) I" CbwV for Overdue Payments If Lender has of received the full monthly payment requited by the Security Instrument, as described in Paragraph 4(C) of this Note, by the and of FIFTEEN ca[etrdar days after the payment is due, Lender may collect a late charge in the amount of 4.00 % of the overdue amount of each payment (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may. emxept as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default In many circumstances regulations Wood by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Notc, "Secretary' means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and $? If Lender has requited immediate payment in full, as dcarnbed above. Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. MULTISTATE FHA NOTE fray. t of 2 peg") 1W" 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment' means the right to require Lender to demand payment of amounts due. 'Notice of dishonor' means the right to require Lender to On notice to other persons that amounts due have not bees paid. & GIVING OF NOTICES Unless applicable law acquires a different method, any notice that must be given to Borrower under this Note will be givers delivering k or by marling it by first class maid to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be gwen to Fender under this Note wM be given by first class mall to Lender at the address stated in Paragraph 4(B) or at a dii1brent address if Borrower is given a notice of that diftrout address. 9. OBLIGATIONS OF PERSONS UNDER TMS NOTE If more than one person signs this Note, each person is fully and personaDy obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Arty person who takes over these obligations, hwhWzt$ the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. bender may, enforce Its rights under this Note against each person individually or against aU signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIONINO BELOW Borrower accepts and agrees to the terms and covenants contained in this Note. J VAEiz Bonovvsr t'R' to order=OHN or?yyGMAC Mt?r?ga8e Corporwon ACC f°coGEpoAATION (sign OrfgrnW OM'1 S MIE N ASSISTANTVICE PRESrpENT PAY ro G1W4C wrrHOUT MOR GA EeQAP?SE RAT1pN ?urra a. Ro ? ? aj uaserosv ?alat?f ?rq Prg?al a EXHIBIT A2 a y6a-?? th.paw icy .R.eerint ltalee.l.d by ' - ..? S Moxtaa ,.. M.m A,iwnd9avim Ann r1 ?:c Gi. .. _? ,. •• P.O.Ibx aWNWa D.IW,TX I ?? ? ?.ii:: `• • .. gapn,utm .... ?.• ? - 753ar490aa 99 JUL 1 nn 9 28 Parcel: Ree"N District. CUMBERLAND 1 aedlty that the pra, menu and addreaeef the wilaai4umad 0060W Y GMAC kWops Caponston `raft an addreaa Itcafid of 3451 Nemn-d Aw. Weterlee. IA 66702 Agent m B" of A"Wwv; - LPACE ABOVE TM5 t.WE FCR RECM9RI 16 se IACNEAL,EPWARDJ GMACN 306584539 GWM vota. 467324 ADNiCa: 9807344 G98-5 ASSIGNMENT OF Mortgage For value received, the undersigned twseby grams, asatgus and tranarars to: GMAC Mortgage Corporation, A Pennsylvania Corporation, with an offee located at: 3431 Famaastd Avenue, Waterloo IA 50702, All beneficial interest under that certain Mortgage dated 10/T3/99 executed by: Tn,stor(s) EDWARD J MCNEAL to for ACCUDANC MORTGAGE CORPORATION rlxaded as Instrtsmem No.: NA on 11/4/99 in Dook/Volumc' 1494 Page 577 orthe Official Records of CUMAERLAND County. Pennsylvania describing the land therein: 01UGINAL LOAN AMOUNT: 275AM00 Properly Address: 144 5 ENOLA DRIVE ENOLA, PA 17025 Legal Description As Per Mortgage Referred To Herein: 'T'ogether with the Note or Notes therein described or referenced to, tlic money due and to become due thereon with inleresl, and all rights accrued or to accrue under ssidMeMPQ@ ASSIGNMENT EXECUTED TO BE EFFECTIVE AS OR March Ind, 1"9 ACCUDANC MORTGAGE CORPORATION Iadoao Dtiscant Vice P-f S1alevj TEVAS CountynjDALLAS On 6117/99 before me, Monica 1~ Mann the undersigned, a Notary Public in and for the State of Texas, Personally appeared ladean Day, Assistant Via President of ACCUBANC MORTGAGE CORPORATION personally known 10 me acknowledge) to me that slit executed the same in her authorized capacity, and that by her signature on the insttumcnt the r the enti u n liehalf or which she acted, executed the instrument. MgNICA L . MANN d Tau -- e x caAw?' Monica L. Mann, Notary Public in and for the state or Texas NOVEMl1 FICEtt - 02, 2002. k1Y Commission Expires: 11/2!2002 e90K 617 iA6E104p 11/10/2008 10:33:32 AM CUMBERLAND COUNTY Inst.# 199924603 - Paqe 1 of 1 EXHIBIT B PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF P F?_ ) COUNTY OF ss. ) Montgomery ??1? W? ;???piaala Limited Signing Officer-, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of ? So ' at GMAC Mortgage, LLC, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant s accounts. 5. Defendant s mortgage payments due July 1, 2008 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $65,252.32 Interest $2,103.56 June 1, 2008 through November 19, 2008 (Per Diem $12.23) Attorney s Fees $1,250.00 Cumulative Late Charges $100.76 October 28, 1998 to November 19, 2008 Cost of Suit and Title Search 750.00 Subtotal $69,492.14 Escrow Credit $0.00 Escrow Deficit 612.80 TOTAL $69,654.94 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. The subject mortgage is insured by the Federal Housing Administration. 10. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. 11. Plaintiff properly accelerated its mortgage to protect its interests. SWORN TO AND SUBSCRIBED BEFO M T IS 7 _ Z DAY VLF ,2009. Mortgage, Ljjefrey Stephan Limited Signing officer 4-- ARY 1H of PENNSYLVANIA WAR1AlSEA1 U"a 1w"ot, Hwaty Public #IQW OuWh lwp., Maiiyun,cty Cougy -*VSC Oft File Name: Edward J. Mcneal. PHS # 191454 RVnW w wo 9' of N 1 K? ne«..»+I?x? e ok*W Litigation Department AXD EXHIBIT C 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 JUDYfH 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 SPIVAC& ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA-, PA 19103 215 563-7000 ' 191454 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CQRPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 ' FORT WASHINGTON, PA 19034 Plaintiff V. O ^' O -cJtr, m 1A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e V ! " NO. 0- C(JMBERLAND COUNTY EDWARD J. MGNEAL 144 SOUTH ENQLA DRIVE 004 ENOLA, PA 17625-2711 ®pt" N XURN I)LEA Dlefendant CIVIL ACTION -LAW , . ; ??blr COMPLAINT IN MORTGAGE FORECLOSURE"J corm. ::. ori9ln? filed of record T' File #: 191454 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 191454 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. EDWARD J. MCNEAL M1 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191454 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 (717) 249-3166 File #: 191454 1. Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 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: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 who is/are'the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1494, Page 577. By Assignment of Mortgage recorded 07/01/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 1042. 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 07/01/2008 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 #: 191454 6. The following amounts are due on the mortgage: Principal Balance $65,252.32 Interest $2,103.56 06/01/2008 through 11/19/2008 (Per Diem $12.23) Attorney's Fees $1,250.00 Cumulative Late Charges $100.76 . 10/28/1998 to 11/19/2008 Property Inspections $35.50 Cost of Suit and Title Search 750.00 Subtotal $69,492.14 Escrow Credit $0.00 Deficit $162.80 Subtotal 162.80 TOTAL $69,654.94 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 191454 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,654.94, together with interest from 11/19/2008 at the rate of $12.23 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 LINAN & SC G, LLP By: G LAWRENCE T. 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 #: 191454 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley; on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and extending on the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. PREMISES BEING: 144 SOUTH ENOLA DRIVE PARCEL NUMBER: 09-15-1291-140 File #: 191454 VERIFICATION Jeffrey Stephan T inn ted Sis nning Officer hereby states that he/she is Jeffrey Stephan Limited Signing Officer of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, S/91 TO GMAC MORTGAGE CORPORATION, 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: 125log i r Loan:0306584533 joq Stephan Title: Lunited SiOng'Officer Company: GMAC MORTGAGE, LLC File 4: 191454 EXHIBIT D lq igrq 144' 'S 0c4 Tf4 So -A DR TV S 61cP?s PA J X025 -_---------q 1 ?..._____.____ Tr{•t??C•?+???cl?/,"T..J.,c-?_G?Q?? t.?%foplJ?._+?,5.?_Gt_UtL I?t V l.?JON,?..__._..._.._.. .._. __. _.. ____...__.._ . u. Lo ? l•?c,?.?..s.. AST i.?..,?L.L,?.?1._.. T.?rSL?k-???.--???..?.....__ ..._......_ UJI _.._..._...._. _..... _. M-r__.._.r?i c"_. _....._ ......_.. __ .. _ ......_.__? 341 Ike D l 3 ?_ ._..? _ . __. ?._....._ ?.._ .._ _ . _ _.. f9A ......._.... _..___..aT.._1!sT.,s?_::.__.._. v ?4- -2 4* 3 n 40-AlkG i l0 43 W PI topte v v --E S _ t i-1GL.U ??E . GvS?S -aGl?dTt y?,[l Ta H"i.?z 1r?lx ? ?1 18c?i T-OA-r YkW, Ste AT IP j " rl W93 K. Ato_ A sVAW 4tlf?t" I "rle+/? 1". -9 rt -x -rrl_Ae A*-Lv. P-T6 4:V t?- ?s ?T c?-r?-rte .. rto i a (c CA= ?..._.^_ _ 1d/ T?d•? i? ?`,?,F? 1?+? o ull.??G? ?it?•y •? ?iry? -?.5 ? ?a?.. tog At EE12 :' H d.Tr` vi &Ogb&gA4* .t' ?. : A?=h'J?.•?•'•??. ____: J.. a.: f' . ._ ... _.._ :s . ?C..._........._ _.._ . .._ .... .... ).?! :' ._' :? ti Ii.. .:? .ia_. _?!':`.:?-.?1 °.1 , 1.. . 7 . .. ..t' .. : ff ?? Q? .. c? ? ?? ?? ?? ???? jj ? - ? - ? + . ?Y F1IkD?`'? rtCE ? ?q OF PIS 12` 52 r ,.. 2009 ?,1Y 19 I: :r, LriL}IY -- -- i r . ? r i ..j, y7. ` • i • a• _ 0 ? i 1. 4 d !" r `.• :7•t. .. i , ?....,. ?!. I:Ldd"Ad (A* r.?. w C611 *rQ: -Liz EXHIBIT E GMAC Mortgage, LLC PO Box 780 Waterloo , IA 50704-0780 ACT 6 NOTICE Date: 09/01/08 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCT. NO.: EDWARD J. MCNEAL 144 S ENOLA DR ENOLA PA 17025 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender on your property located at: 144 S ENOLA DR ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 07/01/08 through 09/01/08. See attached Exhibit for payment breakdown. Monthly Payments $ 1889.52 Late Charges $ 50.38 NSF $ 0.00 Inspections $ 0.00 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 1939.90 HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1939.90, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier s check or certified check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing PO Box 780 Waterloo , IA 50704-0780 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to Pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by Paving the total amount then vast due, Plus any late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: ATTN: Address: Phone Number: Fax Number: Contact Person: GMAC Mortgage, LLC Loss Mitigation 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 800-850-4622 800-211-3561 Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5036 EXHIBIT 07/01/08 through 09/01/08 Mo. Pmt. Amt. $ 629.84 v VERIFICATION Andrew C. Bramblett, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: Z4?7 Date Andrew C. Bramblett, Esquire Attorney for Plaintiff Cl?...rt'l. 'jr •,r 20" !J tip 10 PHELAN HALLINAN & SCHMIEG, LLP By: ANDREW C. BRAMBLETT, ESQUIRE Identification No. 208375 One Penn Center at Suburban Station Attorney for Plaintiff 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I To GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. : Court of Common Pleas : Civil Division : Cumberland County Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant : No. CIVIL 08-6854 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Brief in Support thereof and Praecipe for Argument were sent via first class mail to the person on the date listed below: Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Date: J/31 t loe By: 0'-o? Andrew C. Bramblett, Esquire Attorney for Plaintiff OF -,TARY 2909 SEP - I A H: 03 *PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------- CAPTION OF CASE GMAC Mortgage LLC, S/I/I To GMAC Mortgage Corporation 1100 Virigina Drive, P.O. Box 8300 Fort Washington, PA 19034 (Plaintiff) VS. No. 6854 Civil -2969'aOS Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 (Defendant) 1. State matter to be argued : Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Andrew C. Bramblett, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 J.F.K. Blvd, Suite 1400 Philadelphia, PA 19103 (b) for defendant: Address Edward J. McNeal 144 South Enola Drive Enola, PA 17025 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 14, 2009 X13 09 Date Andrew C. Bramblett, Esquire Attorney for Plaintiff C ??}Q? ?i? "' ? ?ts'?t J??n :? ^ ? . ? ?%? ?, , ? ? i GMAC MORTGAGE LLC. S/I/I TO GMAC MORTGAGE CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EDWARD J. MCNEAL, DEFENDANT : 0&6854 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT IN FORECLOSURE BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this t10 day of October, 2009, the motion of plaintiff, GMAC Mortgage LLC. S/l/I to GMAC Mortgage Corporation, for summary judgment against defendant, Edward J. McNeal, IS GRANTED. Judgment is entered against defendant in the amount of $69,654.94 with interest from November 19, 2008 at the rate of $12.23 per diem plus costs. Andrew C. Bramblett, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Edward J. McNeal 144 South Enola Drive Enola, PA 17025 :sal ox, P1•ES' /1 A-M6ZL Edgar B. Bayley, 01: J'H- F ': "?T?r()rAI)TARY 2009 OCT 16 AM 9: 54 i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire ?,4bshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION VS. EDWARD J. MCNEAL 1 tiff Attorney f ? . CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION No. CIVIL 08-6854 PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER TO THE PROTHONOTARY: $1 .00 Pr, ATN CV,-*4049.U5 arm a.3coea9 Oo4e I?kt.?,(?c? Kindly assess damages in favor of the Plaintiff and against EDWARD J. MCNEAL Defendant(s) in accordance with the Court's Order dated 10/16/2009. As set forth in Complaint & order of court TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ! PHS # 191454 $69,654.94 $69,654.94 L Uehelan?,'Esquire ranc linan, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire CJrisovalante P. Fliakos, Esquire oshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff PROTHY to/ 1(15(-l N4 G GMAC MORTGAGE LLC. S/Ill TO GMAC MORTGAGE CORPORATION, PLAINTIFF V. EDWARD J. MCNEAL; DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6854 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT IN FORECLOSURE BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this LID-day of October, 2009, the motion of plaintiff, GMAC Mortgage LLC. S/l/I to GMAC Mortgage Corporation, for summary judgment against defendant, Edward J. McNeal, IS GRANTED. Judgment is entered against defendant in the amount of $69,654.94 with interest from November 19, 2008 at the rate of $12.23 per diem plus costs. By the Andrew C. Bramblett, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Edward J. McNeal 144 South Enola Drive Enola, PA 17025 :sal Edgar B. Bayley, J/ fit,("'?.- I IW* of" 3d MY h" r? tbUtt ?i Cetflsb, P? (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC, S/111 TO GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. EDWARD J. MCNEAL, : CIVIL DIVISION : No. CIVIL 08-6854 Notice is given that a Judgment in the above captioned matter has been entered against you on By: ),I If you have any questions concerning this matter please contact: ? 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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 WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PLAINTIFF GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION DEFENDANT EDWARD J. MCNEAL SERVE EDWARD J. MCNEAL AT: 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 SERVED PHS # 191454 n SERVICE TEAM/-iin sa c ri; ?? t r+ COURT NO.: CIVIL 08-6 r F TYPE OF ACTION 6511-- c .n c XX Notice of Sheriffs Sale r-- ic -a Z : SALE DATE: 06/02/2010 ? C 0 Served and made known to W .'O'C'C X Defendant on the day of 204q-, at %39, o'clock -LJ M., at V4. A&Vg- IW- , in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age .I(S10 Height S' ` Weight 160 Race L,-? Sex ^, Other I, 1j.4r< , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as setjorth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY ofore me this X00 ay NOTARY PUBLIC ' STATE OF NEW JERSEY ? Kenneth W. Baker Notary: By. MY COMMISSION EXPIRES MARCH 7,20 19 Bisbee Drive Burlington,NJ 08016 NOT SERVED Ph. 609-526-4231 On the y of , 200_, at o'clock M., Defendant NOT FOUND because: _ Vacant Bad Address _ Moved Does Not Reside (Not Vacant) - No Answer - Service Refused Other: 7/ 7 .2 Y/ (c0 (? O Sworn to and subscribed before me this day of -77W . By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 IL Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. N. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalane 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 One Penn Center at Suburban Station 1617 Job. F. Kemredy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC, SIM TO GMAC MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION v EDWARD J. MCNEAL Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/20/2008 to Date of Sale ($11.61 per diem) NO. CIVIL 08-6854 CUMBERLAND COUNTY $69,654.94 $2,814.41 TOTAL $79,769!92 Attorney P aintiff Phelan alli an & S mieg, LLP ? Lywrence an, 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ] Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 191454 O H O O V W C7 a O 4 V O? > W? O Z W Ou U4& O? VW Ua ?A ?V c7 > w ct ri O J b a? a? W E a0? ? wQN U0 Zw tixQ 3 p ? a, a44 Q a b Adz O c NN?00 ?I??hpMp 00 V N?6 ? -?- N'ON?O,wrp N C'n .,, p000 pMN NN C (??]A ^ ° p p vl ° r M N ?p G b O Z W az?zzbzb d d °.`°c ozZ a, O o ob ti Z Z z z-d Wpb o? Z 0, OM w e3' c' v v, kr ? ? o I.. -S iz aka ? ?c7dGG vi g .U •y .ti N .a .f?' ; •G y y 'G V * al o dawAtiviti>tia? °U a w d a 000000000?000?? r Y 8 ? ? J v Y f? ? ` K r6 CJ f Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza FI'tF" Philadelphia, PA 19103 ,r THE 215-563-7000 2010 JAN 20 AM 11: GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAG9? !,qy CORPORATION Plaintiff V. EDWARD J. MCNEAL Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 08-6854 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Atto for Plaintiff Phe a Hallinan & Schmiye, LLP ence T. Phelan, Es Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 V dith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 nine 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION ?laintiff V. EDWARD J. MCNEAL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6854 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably C7 Ea ascertained, please so indicate) ?.' C= _t EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE =+- -? ENOLA, PA 17025-2711 ^ 2. Name and address of Defendant(s) in the judgment: rrt Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) 1 TENANT/OCCUPANT 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 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. December 30, 2009 By: Atto for Plaintiff Phe n allinan & Schmieg LLP ? ence T. Phelan, Esq., Id. No. 32227 ? Fr cis 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 Renine etal R. Shah-Jani, Esq., Id. No. 81760 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 . GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE COURT OF COMMON PLEAS CORPORATION . Plaintiff : CIVIL DIVISION NO. CIVIL 08-6854 CUMBERLAND COUNTY EDWARD J. MCNEAL Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 l * *THIS FIRM IS A DEBT COLLECTOR ATTEMP'T'ING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY z A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND-SHAK,B-NAT RE £ONSTRU-TO-gE ANATTENWT SECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 144 SOUTH ENOLA- DRIVE, ENOLA, PA 17025-2711 is scheduled to be sold at the Sheriffs Sale on 06/0212010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $69,654.94 obtained by GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the "money bid for your house will be prepared by'the S>eriffnot later;thanthirty (30?"days after = the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley; on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and extending on the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Edward J. McNeal, married person, by Deed from Thelma A. Newlin, single woman by her attorney-in-fact Thelma V. Deppen, dated 08/30/1996, recorded 09/05/1996 in Book 145, Page 698. PREMISES BEING: 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 PARCEL NO. 09-15-1291-140 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6854 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff (s) From EDWARD J. MCNEAL (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 $73,715.30 L.L. $.50 Interest FROM 10/17/2009 TO DATE OF SALE ($12.29 PER DIEM) Atty's Comm % Due Prothy $2.00 Atty Paid $240.20 Plaintiff Paid Other Costs Date: JANUARY 20, 2010 ,Sea]) RE'-gUESTING PARTY: Name JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 David D. Buell, Prothono ary By: Deputy Supreme Court ID No. 87077 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6854 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff (s) From EDWARD J. MCNEAL (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 gamishee(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 $69,654.94 L.L. $.50 Interest FROM 11/20/2008 TO DATE OF SALE ($11.61 PER DIEM) -- $2,814.41 Atty's Comm % Due Prothy $2.00 Atty Paid $240.20 Plaintiff Paid Date: JANUARY 20, 2010 Other Costs Davi . Buell, Prothonotar? (Sea!) By: REQUESTING PARTY: N4 ne JOSHUA 1. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 205047 FI! 2GdU ffi;;i If/ P14 i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 I. 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, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 20, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on January 26, 2010 in the amount of $69,654.94. True and correct copies of the Summary Judgment Order and the praecipe for judgment are attached hereto, made part hereof, and marked as Exhibit "B". 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 Sheriffs Sale on June 2, 2010. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $65,252.32 Interest Through June 2, 2010 $9,176.00 Per Diem $12.07 Late Charges $573.79 Legal fees $2,350.00 Cost of Suit and Title $1,763.38 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $232.38 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 $2,112.75 TOTAL $81,460.62 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in 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 March 12, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: -31z5110 By: Phelan Hallinan & Schmieg, LLP ? Lawr ce . Phelan, Es ., Id. No. 32227 ? Fran s S. allinan, E , Id. No. 62695 ? D el G. VUhmie , sq., 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 ? hrisovalante 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 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE EDWARD J. MCNEAL 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 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Cor oration 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. of N.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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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 Shopping_ Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. DATE: 25 Ih By: ., Id. No. 32227 Id. No. 62695 ? D(miel Sc g, 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 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 191454 GMAC MORTGAGE, LLC, MVI TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. o mr TO' ? C E5 i ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e v 1 1 NO. Of - 0?Sq CUMBERLAND COUNTY EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ?Y ENOLA, PA 17025-2711 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 'JDf? ??? oorr? ? : ? _. -- -0, ale original filed of record File #: 191454 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 (717) 249-3166 Fite #: 191454 1. Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 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: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 10/23/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1494, Page 577. By Assignment of Mortgage recorded 07/01/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 1042. 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 07/01/2008 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 #: 191454 6. The following amounts are due on the mortgage: Principal Balance $65,252.32 Interest $2,103.56 06/01/2008 through 11/19/2008 (Per Diem $12.23) Attorney's Fees $1,250.00 Cumulative Late Charges $100.76 10/28/1998 to 11/19/2008 Property Inspections $35.50 Cost of Suit and Title Search 750.00 Subtotal $69,492.14 Escrow . Credit $0.00 Deficit $162.80 Subtotal 162.80 TOTAL $69,654.94 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 Sheriff s 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 #: 191454 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,654.94, together with interest from 11/19/2008 at the rate of $12.23 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,%krLINAN & SC G, LLP By: ) LAWRENCE T. HE A , SQUIRE 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 #: 191454 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley; on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and extending on the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. PREMISES BEING: 144 SOUTH ENOLA DRIVE PARCEL NUMBER: 09-15-1291-140 File 4: 191454 VERIFICATION Jeffrey Stephan T.imited Signing Officer hereby states that he/she is Jeffrey Stephan Limited Signing Officer of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, 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. Jeffrey Stephan DATE: It Uslos Title: Limited Signing Officer Company: GMAC MORTGAGE, LLC File H: 191454 I Exhibit "B" t 01 / (6 C/ N4 G2 GMAC MORTGAGE LLC. S/l/I TO GMAC MORTGAGE CORPORATION, PLAINTIFF V. EDWARD J. MCNEAL; DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6854 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT IN FORECLOSURE BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this t 10 day of October, 2009, the motion of plaintiff, GMAC Mortgage LLC. S/I/I to GMAC Mortgage Corporation, for summary judgment against defendant, Edward J. McNeal, IS GRANTED. Judgment is entered against defendant in the amount of $69,654.94 with interest from November 19, 2008 at the rate of $12.23 per diem plus costs. Andrew C. Bramblett, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Edward J. McNeal 144 South Enola Drive Enola, PA 17025 :sal $4 :?;,..??...• `'-. '•..? a 3 ! 3`Swk iii ?J . W1. I we unto Wt ray ham id Gwrt at wiisle, Pa Edgar B. Bayley, Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire c? o Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire !7. r r- 7-C , „_. Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire - Jenine R. Davey, Esquire ^? ''- =?= Lauren R. Tabas, Esquire rri Vivek Srivastava, Esquire Jay B. Jones, Esquire c-' Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 215-563-7000 GMAC MORTGAGE, LLC, SAA TO CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION EDWARD J. MCNEAL No. CIVIL 08-6854 ORAEeIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER AT. F TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against EDWARD J. MCNEAL Defendant(s) in accordance with the Court's Order dated 10/16/2009. As set forth in Complaint & order of court $69,654.94 TOTAL $69,654.94 A '00? r, ce T. helan, squire S allinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Cbrisovalalrte P. Fliakos, Esquire oshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /424 /O ` PHS # 191454 PROTHY Exhibit "C" O 0 a w_ x U ?l 1--1 x z w x 0 .y cV Q? u a? a a O ? v E-La? C6 "Cy W 4Q0 1 V 3 ^ N ? L1 N CRR P ? G T o. U A TO `? O ? U .p C L _ F O v O ,ivi F L 5 L 3003 diZ WQa? U311V W G 6?9 Q z 0 OGOZ Z?aVA 9SZLLZbOOO •_ F vu zo ? F3MLd ® 53M ^ 0 U '°lJdbY o G `m o 3 ` N T R ? y ? F m a F ? U Lu F ^ p G 3 O U 'O _HF O '. O ?p ^ Gi N ? V U 69 'O U .O G ? v O T N ' 0 p i N t 4 .- ? 0 ° v o G ' 94 C ^ O j O` 11 U ? A N A U = M , 0 'C W " C ? w a w a O a ? O r z A fZ F O Vl rl Q W U ? d Q O ^/ ° G W `L a. ? 3 F .fl z kn u W s a - ? z- ? ^ N M ? V? ?p (? 00 OA O - N M ?t in u V7 i w l? PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 12, 2010 EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 RE: GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION v. EDWARD J. MCNEAL Premises Address: 144 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL 08-6854 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 17, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e t y urs, lan, Esquire Francis S. Hallinan, Esquire Da iel G. Schmieg, Esquire ichele 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my 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 unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 31 25 111) By: LJ Lawr ce . Phelan, Es #, Id. No. 32227 ? Fr is S. allinan, E V., Id. No. 62695 ? D iel G. hmie sq., 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 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Aomano, 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 I. 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, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant 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. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 DATE: 3125110 By: Phelan Hallinan & Schmieg, LLP U Lawr c T. Phelan, E )q., Id. No. 32227 ? Fr is Hallinan, q., Id. No. 62695 ? D iel G. chmie , sq., Id. No. 62205 ? Michele M. radford, 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF "NR 3 0 2010 - f r CiY 1,7 4 2010 PEAR 30 f ?" li* Z9 i;- k ! CUI°r??. "0..`? ?r AfJf?. ?l Y p'{,?LL- "ST?IV!''I'41A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County EDWARD J. MCNEAL Defendant RULE No. CIVIL 08-6854 AND NOW, this 36 day o 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. C? aU Rule Returnable 2010, at in the Main om of the r is e, ennsy vania. C©p *Es Ma f?L ?.? J. LOLL WcbL, 3l3 ??lC7 '11ry\ GMAC MORTGAGE, LLC, S/I/I TO GMAC COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO. CIVIL 08-6854 EDWARD J. MCNEAL CUMBERLAND COUNTY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. 2 3 4 5 Name and address of Owner(s) or reputed Owner(s): n d Name Address (if address cannot be reasonably _ ascertained, please so indicate) :-? t: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE r.? ENOLA, PA 17025-2711 Name and address of Defendant(s) in the judgment: _ c:3 ; r. Name Address (if address cannot be reasonably -< -- ` i ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION Discover Bank Discover Bank c/o James C. Warmbrodt, Esquire CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 6500 New Albany Road New Albany, OH 43054 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 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 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallman, 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 ? 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC CUMBERLAND COUNTY MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS V. EDWARD J. MCNEAL Defendant(s) CIVIL DIVISION No. CIVIL 08-6854 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache hereto Exhi ' "A". ? Lawrence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, q., 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 ? J a". 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 Attorney for Plaintiff Date: ?-t to 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. PHS # 191454 E o 46 l 3OOO dIZ V408:1 CIMIVn O4oz szNar 99ZLLZ17000 089' W $ a lsOd 5'??? 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M w d ? a Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-320-0007 Fax: 215-563-7009 Alcides Quintana Legal Assistant, Ext. 1253 April 28, 2010 Office of the Prothonotary CUMBERLAND County Courthouse Dear Sir/Madame: Representing Lenders in Pennsylvania and New Jersey Enclosed are Affidavits of Service of Notice of Sale for filing with your office. We have forwarded copies of the same to the sheriff. Thank you for your cooperation. AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 228949 DEFENDANT SERVICE TEAM/ las MATTHEW J. CALLEN CHRISTINE M. CALLEN AIK/A CHRISTINE R. COURT NO.: 10-844 CIVIL TERM CALLEN SERVE CHRISTINE M. CALLEN A/K/A CHRISTINE TYPE OF ACTION R. CALLEN AT: XX Notice of Sheriffs Sale 517 FRANCIS DRIVE SALE DATE: 09/08/2010 MECHANICSBURG, PA 17050-2469 " " /? SERVED Served and made known to /? Q *A iST,N E X1 • (+UFJJ , Defendant on the 10+day of At L , 20 (D, at 6, u, o'clock?. M., at 51-7 T??s 7*-, MpcFM#?i g-%A&, in the manner described below: _ Defendant personally served. V Adult family membe with whom Defendant(s) reside(s). Relationship is *N ?. Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age J?S Height S'10" Weight 170 Race W Sex AA Other I, MD L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor me this ?•? Zday of &g J?/.-' i L.. 20 (11 Notar On th 20_, at TY- P " a.,. I c :3r 1 7c,,f-13 4 j ? , '' 2913 -ly NOT SERVED L-- o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of By: Notary: Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF 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. N. 58745 Shectal R. Shah-Jani, Esq, Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq, Id. No. 202331 Jay B. Jones, Esq., Id. Na 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew I- Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. N. 205047 Counemy R. Dunn, Esq, Id. No. 206779 Andrew C. Bramblett, Esq, M. No. 208375 One Penn Center at Subu,ban Station AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 228949 DEFENDANT SERVICE TEAM/ ]as MATTHEW J. CALLEN CHRISTINE M. CALLEN AWA CHRISTINE R. COURT NO.: 10-844 CIVIL TERM CALLEN SERVE MATTHEW J. CALLEN AT: TYPE OF ACTION 517 FRANCIS DRIVE XX Notice of Sheriffs Sale MECHANICSBURG, PA 17050-2469 SALE DATE: 09/08/2010 SERVED Served and made known to k 4Trj#-(V a,1?kLL # , Defendant on the Ij;kay of OUL 2010 , at o'clock P. M., at 511 "5 DRIB, ?css a dl g in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age ?bT Height e10" Weight (fib Race W Sex M Other` I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 10-r day of I .> 21) Not y: V V NOT SERVED NO 'I.:l t t'9. 1i, Si r t ?, Y i. 2013 On the da 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this - day of ? Notary: ),o By: Moved , Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie8, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. N. 58745 Sheewl R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Fsq., Id. No. 87077 lame" R. Tabas, Fsq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202131 Jay B. Jones, Fsq., 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., 1d. No. 94620 .loshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 one Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 1910.X1814 PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT DYLAN BUCKWALTER AMY WEAVER SERVE DYLAN BUCKWALTER AT: 327 WEST PERRY STREET ENOLA, PA 17025-2537 PHS # 164644 SERVICE TEAM/ iin COURT NO.: 07-6697-CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 09/08/2010 SERVED Served and made known to DV-LAa BueKwk te:R , Defendant on the day of A PP-1 L , 2016 , at 6 : I U , o'clock 1?. M., at ??27 W. Nga i -TT :_ FNo . RA , in the manner described below: Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Relationship is 1 E - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: 31 Description: Age ;W Height 5I16,. Weight 150 Race W Sex F Other I, wArL-y Mo LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed t before me this 13 - day of ) f c , 2010 2013 Not y r NOT SERVED On the a 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ No Answer Other: _ Bad Address _ Moved Service Refused Sworn to and subscribed before me this day of Notary: By: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. Na. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shoetal R Shah-Jani, Esq., Id. No. 81760 Jenne 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, F_sq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84139 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq, Id. No. 205047 Courtemy P- Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 One. Penn Center at suburban station 1617 John F. Kennedy Blvd, Suite 1400 PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT DYLAN BUCKWALTER AMY WEAVER SERVE AMY WEAVER AT: 327 WEST PERRY STREET ENOLA, PA 17025-2537 PHS # 164644 SERVICE TEAM/.fln COURT NO.: 07-6697-CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 09/0812010 SERVED Served and made known to 4 MCI WIFA d A# Defendant on the (3 day of QI L , 20 14 , at ;?, o'clock _F. M., at 31.7 W pf*pq Sty !`NoLA, PA in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Descrriiption: Age A)-OS Height 1Weight 156 Race W Sex F Other I, 1' 0 N?D /qb "- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of '' I L , 200• t ?;, : k 1 1 ',1 Si IM tY Not Np CJillj,%j 1, 2'013 NOT SERVED On the a 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address , Moved No Answer Service Refused Other: Sworn to and subscribed ofore me this day By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF lAwrene, T. Phelan, Fsq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmie8, 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., dd. 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 Jmhua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblell, Esq., Id. No. 208375 (Inc Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Two6?)kTIfMM<- PLAINTIFF METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA DEFENDANT ADAM J. KELL SERVE ADAM J. KELL AT: 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 SERVED PHS # 188889 SERVICE TEAM/ iin COURT NO.: 08-6163-CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 09108/2010 Served and made known to ADM :1 - 1<'61.L , Defendant on the &`bay of AN I L, 20 10 , at 4:0 , o'clock t. M., at X115 Sprl aot4*A C'-r- , in the manner described below: - Defendant personally served. MEe4401VAO(sa.G, 1)4 - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. ? Other: 0() . L?{v4 B 1Ift_T Description: Age 2-0' Height C- 13" Weight (1S Race Sex F Other I, VCN4-LLp (1,(6 LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs ribed before e this i347 day of Id-fL,20 *16 t?. Not NOT SERVED On the d of 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. N. 58745 Sheetal R. Shah-Jani, Esq., ld. No. 81760 Je ine R. Davey, Esq., 1d. 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, Fsq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGummss, Esq., Id. No. 90134 Chrisovalanle P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay IL Dunn, Esq., Id. No. 206779 Andrew C. Brambletl, Esa.. Id. No. 208375 One Penn Center at Soburban station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563.7000 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY _ --ICE AR; 5 1 f + r'.. 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- 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 I. 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, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 191454 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 20, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on January 26, 2010 in the amount of $69,654.94. True and correct copies of the summary judgment order and the praecipe for judgment are 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. A Sheriff s Sale of the mortgaged property at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 07 Bankruptcy at Docket Number 1:10-04577 on May 31, 2010. The Plaintiff obtained relief from the bankruptcy stay by order of court dated June 29, 2010. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on October 6, 2010. 191454 Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $86,730.90 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. IO.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 September 13, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". I I.No judge has previously entered a ruling in this case. $3,050.00 $1,913.38 $0.00 $523.63 $0.00 $0.00 $0.00 ($0.00) $3,520.32 191454 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: q ),-Z(l ) U By: Phelan HWJi i Schmie?, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 H F ancis 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 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 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 I. 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, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 191454 I. BACKGROUND OF CASE EDWARD J. MCNEAL 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 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 191454 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 191454 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 191454 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 Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 191454 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these` sums'through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 191454 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. 191454 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Z 1 U By: Phelan Hallinan ? Lawrence T. Phelan, Esq., Id. No. 32227 [] Francis S. Hallinan, Esq., Id. No. 62695 ff 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 Attorney for Plaintiff 191454 Exhibit "A" 191454 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 JARVIE MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ; 191454 GMAC MORTGAGE, LLC, S/1/1 TO GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17Q2.5-2711 Defendant O G -' C., Ev ? ? FF 1>C; rn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION r I TERM ?+ r V1, NO. Of CUMBERLAND COUNTY ATTORNCP- ORy Y PLEASF CIVIL ACTION - LAW E? t.- , -;. <A Wyyy/u ".'f 6Y8 COMPLAINT IN MORTGAGE FORECLOSURE corr6 original filed of record Re M 191454 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 (717) 249-3166 File #: 191454 1. Plaintiff is GMAC MORTGAGE, LLC, S/11I TO GMAC MORTGAGE CORPORATION 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: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1494,`Page 577. By Assignment of Mortgage recorded 07/01/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 617, Page 1042. 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 07/01/2008 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 #: 191454 6. The following amounts are due on the mortgage: Principal Balance $65,252.32 Interest $2,103.56 06/01/2008 through 11/19/2008 ' (Per Diem $12.23) Attorney's Fees $1,250.00 Cumulative Late Charges $100.76 .. 10/28/1998 to 11/19/2008 Property Inspections $35.50 Cost of Suit and Title Search 750.00 Subtotal $69,492.14 Escrow Credit $0.00 Deficit $162.80 Subtotal 162.80 TOTAL $69,654.94 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 191454 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,654.94, together with interest from 11/19/2008 at the rate of $12.23 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 LINAN & SCG, LLP By , LAWRENCE ? T. HJ?A BSQiJIlZE 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 MCGUIlVNESS, ESQUIRE Attorneys for Plaintiff t File #: 191454 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley; on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and extending on the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. PREMISES BEING: 144 SOUTH ENOLA DRIVE PARCEL NUMBER: 09-15-1291-140 File #: 191454 VERIFICATION Jeffrey Stephan T imited Suring Officer hereby states that he/she is Jeffrey Stephan Limited Signing Officer of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unworn falsification to authorities- DATE: 1 S I J()8 Jeffrey Stephan Title: Limited Signing Officer Company: GMAC MORTGAGE, LLC File #: 191454 Exhibit "B" 191454 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION VS. EDWARD J. MCNEAL Attorney for Plaintiff N D o -71 -T, J r CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL 08-6854 b7T?RAjbe1PE TO ASSESS DAMAGES PURSUANT TO COURT ORDER vim TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against EDWARD J. MCNEAL Defendant(s) in accordance with the Court's Order dated 10/16/2009. As set forth in Complaint & order of court TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: -11.2t $69,654.94 $69,654.94 1711"A L . ce T. helan, Esquire ranc S allinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Slrah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire C,buisovalante P. Fliakos, Esquire oshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff . a> h - a::: ? ?- W PHS # 191454 PROTHY 010115y NRG GMAC MORTGAGE LLC. S/i/I TO GMAC MORTGAGE CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EDWARD J. MCNEAL; DEFENDANT 09-6854 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT IN FORECLOSURE BEFORE. BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this t b day of October, 2009, the motion of plaintiff, GMAC Mortgage LLC. S/l/I to GMAC Mortgage Corporation, for summary judgment against defendant, Edward J. McNeal, IS GRANTED. Judgment is entered against defendant in the amount of $69,654.94 with interest from November 19, 2008 at the rate of $12.23 per diem plus costs. Andrew C. Bramblett, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 j Philadelphia, PA 19103-1814 By the C u , Edgar B. Bayley, J Edward J. McNeal 144 South Enola Drive Enola, PA 17025 :sal r i, p t?-- COPY FRU RECD ilr? myyh ataao.rtNsgl ,, 016 t?sns .??dl.?w1.i¦..?}}'tta Exhibit "C" 191454 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: EDWARD J. MCNEAL Debtor Bk. No. 1:10-bk-04577 RNO GMAC MORTGAGE, LLC Chapter No. 07 Movant V. EDWARD J. MCNEAL 11 U.S.C. §362 Respondent . and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of GMAC MORTGAGE, LLC (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Court, Z,A U. 3r Dated: June 29, 2010 Robert N. Opel, fl, Bankruptcy Judge (!)<.J 'his ddctcmertt is electronically signeel and filet! on the, strlne date. Case 1:10-bk-04577-RNO Doc 12 Filed 06/29/10 Entered 06/30/10 07:48:32 Desc Main Document Page 1 of 1 Exhibit "D" 191454 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey September 13, 2010 EDWARD J. MCNEAL 144 SOUTH F,NOLA DRIVE ENOLA, PA 17025-2711 RE: GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION v. EDWARD J. MCNEAL Premises Address: 144 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL 08-6854 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by September 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure a a W x v z W Q a O lc? Y V o. 0 80? zdo ?0.9 y O 7 O .V - 11VW 6 L 3QoodIZ Wo?!3 d3 ,o y .C 3 3S 9SZLLZb000 6 W Z30 M Z o r C , o U IS O S1M(19 /,3NLd ' Z y ` sir Y Q ? ? o, c ? . 1A? yaye ? b . 1soa s? C ti v ? E w ti ? em ? ? F F.. 0 C d U 6N9 7 E O N .? U N O 7 0 _ O L H N d °? °?°o C V ? v 1 In p E _. '? ?C o v N O y?., q ° K w rl G O W N O C O ? ? F`I y ? 0.t E M 'b O N ? V1 U C/J Vl ? O ? ? NpO ? y?0 T b w d A ? O d o a Iz + w - u s:7 v v 0 °w y 'It ? d w U i b U 0 A ° C? W o o a 3 . z p z w 0 a z b a a ? ai ?"? N M 'fit h coo 01 .-+ .N. M •?-? '?-. U F Lr. Vl d' VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my 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, L ` DATE: Z l to By: ___ . r-•?-' ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr is S. Hallinan, Esq., Id. No. 62695 aniel 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant CERTIFICATION OF SERVICE 191d5d 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. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 1 Phelan Hallinan ieg LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. F 62695 D el 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 ..,--, Y SEP 2 3 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff v. EDWARD J. MCNEAL Defendant Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-6854 RULE AND NOW, this L ~ "~ day of 1rv6•t 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 191454 '. ~ ~ . S'~,n,,,. ~ , ~t~. ~ L 4~a.~~~o ~' BY THE COURT .~ Y SEP 2 3 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff v. EDWARD J. MCNEAL Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-6854 AND NOW, this L 3 `~ day of ~_.r6+t 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. ~,o sip a3 ~UA'N~P~ ~ Q~. ~~ ~ '~'~tl ~v4,~ca 191454 O l~D t~E.S M,~.l l~~ ~ ~ . S'~,~,,. ~ ~ ~Y1=J~~~... 4~a~~~o ~/'~ -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Q~~~tt~ of ~uint3rrf~~@ ~~. H a `F, ~^,n:. , r... 4+a ~ yE ~ ~HF ~~NCF.~~'~ I1 ~ r ~ ~` ~~.~~ Jody S Smith Chief Deputy Richard W Stewart SOilCltO~ L c 4i i„ _,s ~ ~ ~ ~ ~ a , ~~ GMAC Mortgage, LLC vs. Edward J. McNeal Case Number 2008-6854 SHERIFF'S RETURN OF SERVICE 04/05/2010 03:40 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1535 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 Edward J. McNeal, located at 144 South Enola Drive, Enola, Cumberland County, Pennsylvania according to law. 04/05/2010 03:35 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to faw, states that on April 5, 2010 at 1535 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Edward J. McNeal, by making known unto, Edward J. McNeal, personally, at 144 South Enola Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2010 Property sale postponed to 9/8/2010. 09/02/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 9/29!10 SHERIFF COST: $671.84 October 01, 2010 SO ANSWERS, "- RON R ANDERSON, SHERIFF ~ ~DQ pd ~ ~'' _ . S7~ !.~-jod - ~~ ~~y~ ~ (c) GountySuRe Shenfr, Telaceotf, lnr.. G1V~AC MORTGAUE,~LLC, S/I/I TO GMAC M~RTC>I~GE CORPORATION Plaintiff ~ . .. v. EDWARD J. MCNEAL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6854 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) EDWARD J. MCNEAL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 7. o Name aed address ol<every other person of whom the plaintiff has knowledge who has any interest in the property which may ~ be ~ected by the sale: ~ Name o Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 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. December 30.2009 By: AJ~ Atto for Plaintiff Phe n allinan & Schmieg LLP ^ ence T. Phelan, Esq., Id. No. 32227 ^ F cis 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 ^ etal R. Shah-Jani, Esq., Id. No. 81760 [~/~eiune R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., ld. 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 .~ t . GNJt`AC 1V1~RTGAGE; LLC, S/I/I TO GMAC MORTGAGE COURT OF COMMON PLEAS ,.. CORPORATION r . ' CIVIL DIVISION PlaintiR .: .. _ . ~ NO: CIVIL 08-6854 .._..~ _~,...r ...~....,_....._ ._ _..._ ..K ..__._ _ __~_..._i__~ ~. ~ ~. ~.. vs. :...:. CUMBERLANli? COUNTY .. ,........::.. EDWARD J. MCNEAL .. Defendant(s) : ~~ ._ :,- ~ ... .. ~,,z, ~ ~ .~:~,,; ::..e',a r~~xe`-a~ s.~~. :~s~rl.~+;~ns~.aikR'-xF#~t;~esw ^r ....... ..,...: .., .; ,~ - cr:°3R"r~iEC+~ia fr .rte- ..- . ---<- . . -:~ ;~.~- NOTICE OF SHERIFF'S SATE OF*ItEA.~~PROPERTY ;:.:.., -; , , ~,., . ~.w,~.P=~:~~, t .. _ _ . .. TO: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 * *THIS FIRM IS A DEBT COLY.ECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED `'• WII..L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TICS bS NOT A1~SI~AUi~-Aim ~ EANSD-TBiBE Ali-A' TQ~AbI~F A DEB•F, BPI' ANL7~ ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 144 SOUTH ENOLA~ DRIVE, ENOLA, IAA 17025-2711 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the C~m6~erland Con~tty Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $69,654.94 obtained by GMAC MORTGAGE, LLC, SJI/I TO GMAC MORTGAGE CORPORATION (the mort~gee) 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 canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF' S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. .~ 3. 't'he sal~will gd through only if the buyer pays the Sheritl'the full amount due in the sale. To find out if this has happened, you may calt2l 5-563-7000. 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.. _ :~.. ~-,.~ ~ .~~:~., ~ r~.~....~....~~,,.....,~:. ., ~ ... ,; _ _ ._ 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 proposed schedule of _ .. , ~ ~-"=distribution oftlie'money bid"for:yourhouse will-tie prepared by the Slzeriff'not later than thirty (30)`days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 1.7013 (717). 249 3166 (800) 990-9108 f ,, , SHORT DESCRIPTION Y~ ~ By virtue of a Writ of Execution NO. CIVIL 0&6854 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION __._ ~s._ EDWARD J. MCNEAL owner(s) of property situate in the TOWNSHIP OF PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Parcel No. 09-15-1291-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $73,715.30 Phelan Hallinan &.Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R Rupley; on the East by an _. alley; on the_South by lands now or late of Edgar_Hamson and_Margaret Hamson, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and~extending on the -~ northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Edward J. McNeal, married person, by Deed from Thelma A. Newlin, single woman by her attorney-in-fact Thelma V. Deppen, dated 08/30!1996, recorded 09/05!1996 in Book 145, Page 698. PREMISES BEING: 144 SOUT]EI ENOLA DRIVE, ENOLA, PA 170252711 PARCEL N0.09-15-1291-140 .t, GM,AC MOR~i'G~1GE, LLC, S1I/I TO GMAC MORTGAGE COURT OF COMMON PLEAS :. CORPORATION _.~.. .~__.. . _..w _ .~. _.. _ ~"v ~ .,_ _ EDWARD J. MCNEAL CIVII. DIVISION Plaintiff : - _ :: NO: CIVIL 08-6854. ... _ ,.. _.... _ . _.: ...w .. _,~_ ~~_a~ _.~.,... .....~.... CUMBERLAND COUNTY ,F =; ,- -., _ _ ._ _ Defendant(s) ;. .~ .. NO'IYCE OF SHERIFF'S SALE OF REAL PROPERTY"~~ r ° ' ° , ,;"= TO: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 *'~THLS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAII~IED "- WII.L BE U5ED FOR THAT PURPOSE. IF YOU RAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, ~ ~ . TICS LS NOn' AND-S~IAU~-I~TAT DE ~~II~STRUBSI~A-RE A~I-A TQ-CT A Dom, RU`T ANL- Y ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 144 SOUTH ENGLA~ DRIVE, ENOLA,, PA 17025-2711 is scheduled to be sold aYthe Sheriffs Sale on 06/~U2/ZOlO at IO:Ot! AM in the Cumhe~nd Condty Conrt6onse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $69,654.94 obtained by GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriil's Sale, you must take immediate action: 1. The sale will be canceled if you pay ~o 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 x1230. 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 properly. i 3. The sale, wifrgo through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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.. _ _ . _._._ .. _ .. ~, .~, _,~w. v......~..~.~, ._ .._._ .. w....._. 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._r~You may; be entitled to a share of the money which was paid for. your, house. ,, A proposed schedule of ; ,: r. ~,,,..,~ ~;.,, ~'distritiution 'of the mon bid f©r our` house wih be eY Y Prepared by the Slieriffnot laterthan thirty (30)`days`after~~ the sale. The schedule shall be kept on file with the sheriff and will lie made available for inspection in his office. This schedule will state who will tie 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 filing ofthe proposed schedule. 7. You may also have ot~ier rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TQ 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.' CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717). 249-3166 (800) 990-9108 , SHORT DESCRIPTION i i * E By virtue of a Writ of Execution NO. CIVIL 08-6854 GMAC MORTGAGE, LLC, SlUI TO GMAC MORTGAGE CORPORATION __ _ - . vs.. _._. _ _. _ ,_._ .. ~ , ~ _ __ _ - _ _.._. _ _ _ . EDWARD J. MCNEAL owner(s) of property situate in the TOWNSHIP OF PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 144 SOUTH ENOLA DRIVE., ENOLA, PA 17025-2711 Parcel No. 09-15-1291-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $73,715.30 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 1 ' ' ~ ~ t LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R Rupley; on the East by an alley; on the South by_ lands now or late of Edgar, Hamson and Margaret Hamson, and on the West by the State Road; having a frontage on the State Road of 25 feet, more or less, and extendug on the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or less, on the southern line 152 feet, more or less, (said southern line running through the center of the partition wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Edward J. McNeal, married person, by Deed from Thelma A. Newlin, single woman by her attorney-in-fact Thelma V. Deppen, dated 08/30/1996, recorded 09!05!1996 in Book 145, Page 698. PREMISES BEING: 144 SOUTH ENOLA DRIVE, ENOLA, PA 170252711 PARCEL N0.09-15-1291-140 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6854 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, Plaintiff (s) From EDWARD J. MCNEAL (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 $69,654.94 L.L. $.50 Interest FROM 11/20/2008 TO DATE OF SALE ($11.61 PER DIEM) -- $2,814.41 Atty's Comm % Due Prothy $2.00 Atty Paid $240.20 Other Costs Plaintiff Paid Date: JAN[JARY 20, 2010 Davi D. Buell, Prothon tary (Seal) By: Deputy RE(~LTES"FING PARTY; Name. JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 144 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 sr c ~ Real Estate Coordinator 90 ~Z d Z - 933 OIOZ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Avant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~~ -- wnt ><o. coos-ss~ c:.n isa Marie Coyne, itor GMAC Mortgage, LLC ~s• SWORN TO AND SUBSCRIBED before me this Edward J. McNeal 30 day of April, 2010 Atty: Daniel Schmieg CIV~ 08-6854, GMAC MORTGAGE, r LLC, S/I/I TO GMAC MORTGAGE CORPORATION va. EDWARD J. Notary McNEAL, owners of property situate in the TOWNSHIP OF PENNSBORO, Cumberland County, Pennsylvania, being 144 30UTH ENOLA DRIVE, ENOLA, PA 17025-2711. Parcel No. 09-15-1291-140. NOTARIAL SEAL .~ p ~u thereon: IZEgIDg,N_ DE80RAH A COLLINS JUDC3ML~ Notary Public .Ol. AMOUNT: N7Z,~11_ CARLISLE BOROUGH. CUMBERLAND COUNTY My Commbsion Expires Apr 28.2014 he Patriot-News Co. 2020 Technology Pkwy ~ Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2008-8854 Civil Term ~ GMAC Mortgage, LLC vs. ' Edward J. McNeal ~ Arty: Daniel Schmieg By virtue of a Writ of Execution N0. C1VIL 08- 6854 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION VS. EDWARD J.MCNEAL owner(s) of property situate in the TOWNSHIP OF PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-271] Pazcel No. 09-15-1291-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $72,211.01. -.~ ~___ ~ .~ Sworn to and , , cribed before me this~day~f Maur, 2010 A.D. ~, ~ _-~ ,, \, ) _ ~ ~ `~.~ .._~ Notary Public COMMONWEALTH OF PENNSYLWANIA NOlsrial Sepal Sherrir l.. Klsner, Notary r+ubllc Lower Paxton Twp„ [5auphln County My Commissipn ~~ Nav, 2(i, 2011 04/16/10 04/23/10 04/30/10 Member, Pennsylvania AssoClatlon of Notaries ~`~~ ~D-~~~1CE. ClF ~'~~ ~'1`~?7~lO~kOT.~,R'ti' 2~11~ ACT -~ ~~~ 1! ~ ~~ rEIP~B~~L~D CQUT~'" 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 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 I. 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, SiI/I TO GMAC MORTGAGE CORPORATION Plaintiff v. EDWARD J. MCNEAL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-6854 CERTIFICATION OF SERVICE 191454 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 23, 2010 was sent to the following individual on the date indicated below. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 PRO SE Phelan Hallinan & Schmieg, LLP DATE: ~~ ~~ O By: 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. Na. 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 I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 ~F TNT ~~~ f~t;t~OTARY ~~~~ ocT c ~ ~~~ 2~ i U~~~R~A~O COUNTY ~'~~vhSYLV~a~fA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. b2695 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 I. 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, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff v. EDWARD J. MCNEAL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 08-6854 MOTION TO MAKE RULE ABSOLUTE 191454 GMAC MORTGAGE, LLC, SII/I TO GMAC MORTGAGE CORPORATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, 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 September 22, 2010. 3. A Rule was entered by the Court on or about September 23, 2010 directing the Defendant 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 September 28, 2010 , 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 13, 2010. 191454 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ~ ~ ~~~ ` ~: By: Phelan Hallinan & Schmieg, LLP ~,:J 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 ``O.I~ime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 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 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 I. 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division v. EDWARD J. MCNEAL Defendant CUMBERLAND County No. CIVIL 08-6854 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 191454 A Motion to Reassess Damages was filed with the Court on September 22, 2010 A Rule was entered by the Court on or about September 23, 2010 directing the Defendant 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 September 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 13, 2010. 191454 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ~V ~ ~.~ '~ ~ ~ By: Phelan Hallinan & Schmieg, LLP ~frJ'/~-~aia~ U 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 R Exhibit " 191454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division v, CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant RULE AND NOW, this ,~„~' 3/:-~- day a~~~,,~~~~,g10, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ,~, ~, J, 191454 Exhibit "B" 191454 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 20837S 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division v. , CUMBERLAND County EDWARD J. MCNEAL . No. CIVIL 08-6854 Defendant CERTIFICATION OF SERVICE 191454 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 23, 2010 was sent to the following individual on the date indicated below. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 PRO SE Phelan Hallinan & Schmieg, LLP DATE: ~~~CQ . By; ~_ '~ ~~"L..~ r~ : ~~'2 Q wrence 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 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my 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 unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: Q ~ l5/ ! ~ By: ~~~~ ~""'"`/~ ^ 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 I. 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, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant CERTIFICATION OF SERVICE 191454 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. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Phelan Hallinan & Schmieg, LLP DATE: 1(7' j ~~r(~ By: ~(~~`~~'~~ ^ 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 191454 • y ~ t a +~ p~ 19 2010 C'} N O Q ~~ ~~. ..- ~ ..~ ~ ~ r IN THE COURT OF COMMON PLEAS ~° ~ CUMBERLAND COUNTY, PENNSYLVANIA z ~ ~ y-, ~ .. GMAC MORTGAGE, LLC, S/I/I TO GMAC Court of Common Pleas~'~ o MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County EDWARD J. MCNEAL No. CIVIL 08-6854 Defendant ORDER AND NOW, this ~~~ day of ~hlr. , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 $65,252.32 Interest Through October 6, 2010 $11,797.94 Per Diem $12.07 Late Charges $673.31 Legal fees $3,050.00 Cost of Suit and Title $1,913.38 Sheriff s Sale Costs $0.00 Property Inspections/ Property Preservation $523.63 AppraisalBrokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance "T~ ~, ~~ ~ Q .1 o -n z~ o~ D x~ mac. 191454 r Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 ($0.00) $3,520.32 TOTAL $86,730.90 Plus interest from October 6, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ~v ~ ~ ~S' i'n.~. ~ A .I - ~~w ~~~Ss ID~~~ty BY THE COURT .f~ ~~,.. J. 191454 ~~ 191454 TP, 2011 M 3: L PHELAN HALLINAN & SCHMIEG, LLP By: Vivek Srivastava, Esquire Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. Civil 08-6854 PLAINTIFF'S MOTION TO VACATE ORDER DATED OCTOBER 16, 2009 AND WITHDRAW PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW COMES Plaintiff, GMAC Mortgage, LLC, s/ i/i to GMAC Mortgage Corporation, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and hereby files this Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment and in support thereof avers as follows: Plaintiff is GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation. 2. Defendant is Edward J. McNeal. 3. Plaintiff filed its Complaint in mortgage foreclosure on November 20, 2008. #191454 4. Defendants filed an Answer on May 19, 2009. 5. Plaintiff filed a Motion for Summary Judgment on September 1, 2009. 6. Plaintiff s Motion for Summary Judgment was uncontested. 7. Plaintiff's Motion for Summary Judgment was granted by Court Order dated October 16, 2009 signed by the Honorable Edgar B. Bayley. A true and correct copy of the Court's Order dated October 16, 2009 is attached hereto as Exhibit A. 8. Subsequent to the entry of the above referenced Order, Plaintiff became aware that the affidavit filed in support of its Motion for Summary Judgment may not have been properly reviewed and verified. 9. Pursuant to Pa.R.C.P. 3118 (a)(6), Plaintiff requests that this Court enter an Order vacating the summary judgment order and confirming that Plaintiff's Motion for Summary Judgment is withdrawn. 10. In accordance with Cumberland County Local Rule, Plaintiff sent a copy of its proposed Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff s Motion for Summary Judgment to the Defendant on January 19, 2011 and requested concurrence with the Defendant. To date, Plaintiff has received no response from the Defendant. Attached hereto, made a part hereof, and marked as Plaintiffs Exhibit B is a true and correct copy of Plaintiff s letter to the Defendant. #191454 WHEREFORE, Plaintiff requests that this Honorable Court enter and Order vacating its Order dated October 16, 2009 and confirming that Plaintiff s Motion for Summary Judgment filed on September 1, 2009 is withdrawn. DATE: Respectfully submitted, PHEL LLINAN & SCHMIEG, LLP BY: Vive va ava, Esquire Attorney or Plaintiff #191454 PHELAN HALLINAN & SCHMIEG, LLP By: Vivek Srivastava, Esquire Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. Civil 08-6854 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO VACATE ORDER DATED OCTOBER 16.2009 AND WITHDRAW PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and represents as follows: Plaintiff filed its Complaint in mortgage foreclosure on November 20, 2008. Defendant filed an Answer on or about May 19, 2009. Plaintiff filed a Motion for Summary Judgment on September 1, 2009. Plaintiff's Motion for Summary Judgment was uncontested and was granted by Court Order dated October 16, 2009. #191454 Subsequent to the entry of the Order dated October 16, 2009, Plaintiff became aware that the affidavit filed in support of its Motion for Summary Judgment may not have been properly reviewed and verified. Pursuant to Pa. R.C.P. 3118 (a)(6), Plaintiff requests that this Court enter an Order vacating the summary judgment order and confirming that Plaintiffs Motion for Summary Judgment is withdrawn. Pennsylvania Rule of Civil Procedure 3118 is designed to give the court "broad discretion to provide relief in aid of execution." Nat'l Recovery Sys. v. Pinta, 18 D. & C.3d 684, 686 (Pa. Ct. Com. Pl. 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a)(6). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322, 326 (1993). Pennsylvania Rule of Civil Procedure 126 further provides, in part, that "the rules shall be liberally construed to secure the just, speedy, and inexpensive determination of every action or proceeding to which they are applicable." Pa.R.C.P. No. 126. In the instant case, Plaintiff seeks to vacate the summary judgment order entered in its favor so that a supplemental affidavit, properly reviewed and verified, can be filed with the Court. #191454 WHEREFORE, Plaintiff requests that this Honorable Court enter and Order vacating its Order dated October 16, 2009 and confirming that Plaintiff's Motion for Summary Judgment filed on September 1, 2009 is withdrawn. Respectfully submitted, PHELA LLINAN & SCHMIEG, LLP (A- DATE: d BY: Vivek ria, Esquire Attorney for Plaintiff #191454 EXHIBIT A ? ?gry5y N4 G GMAC MORTGAGE LLC. S/I/I TO GMAC MORTGAGE CORPORATION, PLAINTIFF V. EDWARD J. MCNEAL; DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6854 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT IN FORECLOSURE BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this t b day of October, 2009, the motion of plaintiff, GMAC Mortgage LLC. S/l/1 to GMAC Mortgage Corporation, for summary judgment against defendant, Edward J. McNeal, IS GRANTED. Judgment is entered against defendant in the amount of $69,654.94 with interest from November 19, 2008 at the rate of $12.23 per diem plus costs. Andrew C. Bramblett, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Edward J. McNeal 144 South Enola Drive Enola, PA 17025 :sal Edgar B. Bayley, ,., wo i -Ald W saw own at +cark*. Pa J EXHIBIT B C i A N HALLINAN - ? F41 , ( -1 M I E , 4M6 '-) -,-,! 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103-181.4 (215) 563-7000 Fax: 215-563-4491 Email: vivek.srivastava@fedphe.com Vivek Srivastava, Esquire January 19, 2011 Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Re: GMAC Mortgage, LLC v. Edward J. McNeal Cumberland County CCP, No. Civil 08-6854 Dear Mr. McNeal: Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiff's Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment, proposed Order, Rule Returnable, and Certification of Service regarding the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than Tuesday, January 25, 2010. Very yours, Vivek Srivastava, Esquire Enclosures * Please be advised that this firm is a debt collector attempting to collect a debt. Arty information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. #191454 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: BY: vastava, Esquire for Plaintiff o'3'31 PHELAN HALLINAN & SCHMIEG, LLP BY: VIVEK SRIVASTAVA, ESQUIRE Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. Civil 08-6854 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment, Brief in support thereof, Order, Rule Returnable, and attached exhibits were served by regular mail on the following on the date indicated below: Edward J. McNeal 144 South Enola Drive Enola, PA 17025-27 1 t? [ j_(I j(( DATE: BY: #191454 Attorney for Plaintiff U' , AR 21 AM 9: , CUMBERLAND COUNTY RENDS YLVANIA PHELAN HALLINAN AND SCHMIEG, LLP BY: VIVEK SRIVASTAVA, ESQUIRE Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff vs. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division : Cumberland County No. Civil 08-6854 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule Returnable regarding Plaintiff's Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment was served by regular mail on the following interested parties on the date listed below: Edward J. McNeal 144 South Enola Drive Enola, PA 17025- DATE:-0 l71 BY: A- Vivek nvastava, Esquire Attorney for Plaintiff #191454 -'! r -OF ICE DR 13 C ,'IDERLAND COUNTY 'It"PISYLYANIA PHELAN HALLINAN & SCHMIEG, LLP BY: VIVEK SRIVASTAVA, ESQUIRE Identification No. 202331 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff vs. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County : No. Civil 08-6854 MOTION TO MAKE RULE ABSOLUTE Plaintiff, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, 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. Plaintiff's Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment was filed with the Court on March 10, 2011. #191454 3. A Rule was entered upon Defendant to show cause why the Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment should not be granted within thirty (30) days of the Order dated March 11, 2011. A true and correct copy of the Rule is attached hereto, made part hereof, and marked as Exhibit A. 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked as Exhibit B. 5. Defendant has failed to respond or otherwise plead from twenty (20) days of service of the March 11, 2011 Rule to Show Cause. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant the Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment. DATE: Respectfully submitted, PHELA pLLINAN & SCHMIEG, LLP BY: Vivek rivastava, Esquire Attorney for Plaintiff #191454 PHELAN HALLINAN & SCHMIEG, LLP BY: VIVEK SRIVASTAVA, ESQUIRE Identification No. 202331 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff vs. Attorney for Plaintiff : Court of Common Pleas : Civil Division Cumberland County Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant No. Civil 08-6854 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE Plaintiff's Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment was filed with the Court on March 10, 2011. A Rule was entered upon Defendant to show cause why the Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment should not be granted within thirty (30) days of the Order dated March 11, 2011. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant has failed to #191454 respond or otherwise plead from twenty (20) days of service of the March 11, 2011 Rule to Show Cause. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant the Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiffs Motion for Summary Judgment. DATE: Respectfully submitted, PHE N HALLINAN & SCHMIEG, LLP BY: Vive Srivastava, Esquire Attorney for Plaintiff #191454 EXHIBIT A { F„ +4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. : Court of Common Pleas : Civil Division : Cumberland County : No. Civil 08-6854 Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant RULE RETURNABLE AND NOW, this /1 # day of /"4 '$A , 2011, a Rule is entered upon the Defendants, to show cause why an Order should not be entered granting Plaintiff's Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff s Motion for Summary Judgment. Lo La j O's Gr T404 1?:' Rule Returnable d y C urtBoouse, ,ar is e PA. #191454 EXHIBIT B IaMS IHIE PROTHONOTA'wl' ?.011 iR21 AM 9.36 CUMBERLAND COUNTY PENNSYLVANIA A PHELAN HALLINAN AND SCHMIEG, LLP BY: VIVEK SRIVASTAVA, ESQUIRE, ,•. Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff vs. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant TI I hereby certify that a true and correct copy of Motion to Vacate Order dated October 16, 2009 Attorney for Plaintiff Court of Common Pleas Civil Division : Cumberland County No. Civil 08-6854 regarding Plaintiff's w Plaintiff's Motion for Summary Judgment was served by regular mail on the following interested parties on the date listed below: Edward J. McNeal 144 South Enola Drive Enola, PA 170 5711 _ 1? DATE: l BY: Vivek nvastava, Esquire Attorney for Plaintiff #191454 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HAL N & SCHMIEG, LLP Date: 4 lr'? if By: V- I Attorney or Plaintiff #191454 ?rev o',0 s HONOTAR`a 2011 aaPP 13 AM 10.23 `CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: VIVEK SRIVASTAVA, ESQUIRE Identification No. 202331 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division : Cumberland County : No. Civil 08-6854 CERTIFICATION OF SERVICE I hereby certify true and correct copies of Plaintiff's Motion to Make Rule Absolute, Brief in Support thereof, and attached exhibits were served by regular mail to the following on the date listed below: Edward J. McNeal 144 South Enola Drive Enola, PA 170 5- 711 DATE: 0 1 BY: Vivek Srivastava, Esquire Attorney for Plaintiff #191454 FILED-OFFICE O THE ?PROT 'iWgoT ?p;,= 2011 APR 19 AN 10-' 3' CUMBERLAND COuNj- PENNSYL.VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT: GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff vs. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant ORDER AND NOW, this /1' day of 1419#4'1 Plaintiff's Motion to Make Rule Absolute, it is hereby: : Court of Common Pleas Civil Division : Cumberland County No. Civil 08-6854 , 2011, upon consideration of ORDERED and DECREED that the Rule entered upon Defendants on March 11, 2011 shall be and is hereby made absolute; and ORDERED and DECREED Plaintiff s Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiffs Motion for Summary Judgment in the above-captioned matter is hereby granted. ?Vivek SriWSiaM, ,. eAUAH J. Momew , ale?t 6"Ma?d J. pt'b #191454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant AND NOW, this : Court of Common Pleas : Civil Division : Cumberland County : No. Civil 08-6854 Xm a. , n7- ' X= "Om as C3 Tj ?Q -- r-n ORDER day of %6.vA , 2011 upon consideration of Plaintiff's Second Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Edward J. McNeal, for $83,441.24 plus interest from May 31, 2011 at the rate of $12.23 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. L&P L" Gt,,,? A, c k PCi / 'e5 Ma lPd /)I 11a 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION : Plaintiff Civil Division V.. EDWARD J. MCNEAL Defendant CUMBERLAND County No.: CIVIL 08-6854 RULE AND NOW, this day of { 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Vacate Order. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Vacate Order. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY COURT ?T c ,4 cz -tom - z " 3? °• am x ..? © N D 191454 t? 0TH N0Ti',? 26 12 FEB 27 R 9: 12 CUMBERLAND COUNT` PENNSYLVANIA Phelan Hallman & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff vs. EDWARD J. MCNEAL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL 08-6854 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 15, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Vacate Order should not be granted was served upon the following individual on the date indicated below. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Phelan all~nan & Schn?LLP DATE: ?f By'?,. Melissa J. Cantwell, Esquire Attorney for Plaintiff 191454 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff vs. EDWARD J. MCNEAL .? 3' iTl T ra < CJ ~ ! ^'v Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL 08-6854 Defendant ORDER AND NOW, this /Z+ day of .4 , 2012, upon consideration of Plaintiff's Motion to Vacate Court Order, Brief in support thereof, and any opposition thereto, it is hereby ORDERED and DECREED that the Reassessment Order entered October 19, 2010 is hereby VACATED. BY THE COURT: 191454 a 4% PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION VS. EDWARD J. MCNEAL FiLED-OFFICE "`-"4THONtforney for Plaintiff 2012 MAY 21 PM 4= 07 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL 08-6854 PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against Defendant(s), EDWARD J. MCNEAL in accordance with the Court's Order filed January 11, 2012. As set forth in the Order of the Court Interest - 05/31/2011 to 01/11/2012 $83,441.24 $2.763.98 TOTAL $86,205.22 8fushwood, Esquire for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE:5 1 --) PROTHONOTARY cc: EDWARD J. MCNEAL, PRO SE 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 oil hA, s11?.S? a Q 9-7 to oho ?\Wg 191454 GMAC MORTGAGE, LLC, SAA TO GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY VS. EDWARD J. MCNEAL : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-6854 Notice is given that an assessment of damages in the above captioned matter has been entered against you on Sac 112. . By: DEPUTY If you have any questions concerning this matter please contact: Phelan Halligan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 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 INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREWOUSL Y RECEIVED A DISCHARGE INA4NKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 191454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant AND NOW, this : Court of Common Pleas : Civil Division Cumberland Count},? r =, . No. Civil 08-6854 -ZM =?. -. 5 ?rE ORDER day of ??....•+•y , 2011 upon consideration of Plaintiff's Second Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Edward J. McNeal, for $83,441.24 plus interest from May 31, 2011 at the rate of $12.23 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. WRIT OF E~+:ECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVA7VIA) COUNTY OF CUMBERLAND) NO. Oa'-6854 Civil CIVIL ACTION - I,AV~' TO THE SHER[FF OF CUMBERLAND COUNTY: fo satisfi~ the debt, interest and costs due GMAC MORTGAGE, LLC, S/I/1 TO GMAC MORTTGAGh: CORPORATION Plaintiff (s) From EDWARD ._I. MCNEAL (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 GARN[SI1EE(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 1:o 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 Uue: 583,441.24 L.L.: lnterest FROM 5/31/2012 TO DATE OF SALE ($12.23 PER DIEM) - $6,X37.65 Atty's Comm: °4~ Due Prothy: $2.25 Atty Paid: j' q71.~~( Other Costs: PlaintifF Paid: Date: 8/13/2012 David D. Buell, Prothono~ry (SeaE; gw: _) _ 1~1~~~ Deputy RIQU}:STWG PARTY: Narne: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLiNAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court [D No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION v EDWARD J. MCNEAL Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/31/2011 to Date of Sale ($12.23 per diem) TOTAL NO.: CIVIL 08-6854 CUMBERLAND COUNTY 83 441.24 --' ° ' ` '' r~o~~ j ~ ._..; _' ~ -~.: ~-~ 6 787.65 ~ ~-- c-~ "o ~ v, ~ .__. w ~ ca , ~ -~c.~ ~~ 90 228.89 ~ ~ ~ ~ c~:' ' ~ ~ ~ c~ r. i ~~ ,~ ~ vi ~ ~ `~' [allinan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff Note: Please attach description of property. PHS # 191454 ~,} ~ a S- S° Pa a ~4. ao ui.sa ~~ . So ~~rt .8'f /~• O° ID• °~ a~..l , o ~ ~ c.(, o0 1 le . Sv a .as ~ ~~ ~~ 2~ a''19R 3 8 r r -~ ~ ~ ~ ~55~~ Uv LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro "Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley; on the East bylan alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the W~st by the State Road; having a frontage on the State Road of 25 feet, more or less, and extending orb the northern line 150 feet, more or less, on the eastern line adjoining said alley 25 feet, more or l~ss, on the southern line 152 feet, more or less, (said southern line running through the center of the '~, partition wall of a pair of houses); having thereon erected the northern half of a double frame ', dwelling house. TITLE TO SAID PREMISES VESTED IN Edward J. McNeal, married person, by Deed from Thelma A. Newlin, single woman by her attorney-in-fact Thelma V. Deppen, dated 08/30/1996, recorded 09/05/1996 in Book 145, Page 698. PREMISES BEING: 144 SOUTH ENOl,A DRIVE, ENOLA, PA 17025-2711 PARCEL N0.09-15-1291-140. PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff r _t~l-~J~~`=EVE ~~l2 AEG ! 3 A,r~ (~: ~6 `~"~ j`gERLAPIU G4UNTY GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGEr E!~~5YLV1~NI~OURT OF COMIV~ON PLEAS CORPORATION Plaintiff CIVIL DIVISION v. EDWARD J. MCNEAL Defendant(s) NO.: CIVIL 08-6854 CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the abovecaptioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ', ( ) the premises is non-owner occupied ', ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 39}3 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn Falsification to authorities. By. ~LLi_ tfi Hallman & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff ~. ~ = Q- Q!- l= ~ ~:1` ~~!? 1~~1G 13 ~~ l~~ ~~ COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL 08-6854 EDWARD J. MCNEAL '`~`~~~~~RLAt~D COU~'~:~' Defendant(s) ,. ~ ~ ~~ $ ~ LV,~ ~ ~ ~ CUMBERLAND COUP~iTY PHS # 191454 ', AFFIDAVIT PURSUANT TO RULE 3129.1 II GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, b the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. ', 1. Name and address of Owner(s) or reputed Owner(s): Name EDWARD J. MCNEAL Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to >pe sold: Name Address (if address cannot be reasonably ascertained, please indicate) '~ DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 DISCOVER BANK 436 SEVENTH AVE STE 1400 C/O JAMES C. WARMBRODT, ESQ. PITTSBURGH, PA 15219 WELTMAN, WEINBERG &REIS, CO., L.P.A. DISCOVER BANK 436 7TH AVE # 1400 KOPPERS BLD C/O MATTHEW DAVID URBAN, ESQ. PITTSBURGH, PA 15219 WELTMAN, WEINBERG &REIS, CO., L.P.A. DISCOVER BANK C/O WELTMAN, WEINBERG &REIS, C'O., L.P.A. DISCOVER BANK C/O WELTMAN, WEINBERG &REIS, CO., L.P.A. 436 7TH AVE # 1400 KOPPERS BLD PITTSBURGH, PA 15219 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 4. T Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION C/O CONSUMER LOAN CENTER MORTGAGE SERVICING PNC BANK, NATIONAL ASSOCIATION C/O CONSUMER LOAN CENTER MORTGAGE SERVICING PNC BANK, NATIONAL ASSOCIATION C/O TERRI HOSTETLER MAILSTOP PS-PCLC-OI-a 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 MAILSTOP P-SPCLC-O1-1 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be; reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP EAST PENNSBORO TOWNSHIP C/O ROBERT GILL, MANAGER EAST PENNSBORO TOWNSHIP C/O HENRY F COYNE, SOLICITOR 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 Name and address of every other person who has any record interest in the property and whose interest may be acted by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be ', reasonably ascertained, please indicate) TENANT/OCCUPANT 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-271 l COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY' WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 MARY ANN MCNEAL DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 1 CORDIAL DRIVE, #46 ENOLA, PA 17025-1512 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE. SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 t PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNiJT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 they penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~~ ~~ Date: By: rn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308$77 ney for Plaintiff GMAC MORTGAGE, LLC, S/I/I TO GMAC' MORTGAGE COURT OF COMMON PLEAS CORPORATION CIVIL DIVISION Plaintiff NO.: CIVIL 08-6854 vs. EDWARD J. MCNEAL CUMBERLAND COUNTl~, Defendant(s) `~' _.> r+~ -~,:: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~,~ '~ ~,'~. -~ ~' W ~ --± G~ ~'~ ', ~ TO: EDWARD J. MCNEAL ~;~c-', ~ `~, 144 SOUTH ENOLA DRIVE ~ ~ o ° r~ ENOLA, PA 17025-2711 ~ ~ cn ~ .. ~~ * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB AINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR TCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT O LY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ', Your house (real estate) at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 is scheduled o be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Ha over Street, Carlisle, PA 17013 to enforce the court judgment of $83,441.24 obtained by GMAC MORTGA , LLC, S/I/I TO GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the i ale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 xl~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the ju if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cau 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 y~u will have of stopping the sale. (See notice on page t:wo on how to obtain an attorney.) YOU MAY STILL BE ABLE "1'U SAVE YUUK rxurl:x EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. HAVE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find o~t the price bid by calling 215-563-7000. 1 ~ w 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 ca11215-563-7000. 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 proposed schedule o distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) day after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in is office. This schedule will state who will be receiving that money. The money will be paid out in aceor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the herifl within ten (10) days after the filing of the proposed schedule. ', 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 HAV A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BE OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ', CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MOR"TGAGE. LI,C. S/U[ "1~0 GMAC MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division ~. EDWARD J. MCNEAL Defendant CUMBERLAND County No.: CIVIL 08-6854 RULE AND NOW. this ~~~ day of ~'t-y~J 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffi~s Motion to Reassess llamages. Defendant shall have twenty (20j days fi-om the date of this Order to rile a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY " E COURT J. ,_; :~ r L^ _ .. '-.! ~ ~~u~a,-d J ii9 C ~~a ~ - ~ . ~ ~te~lk n . I-~a ~(; .1a ~ ~ J~Gl~ w~ P y ~p-~s tMa,~~~1 ~~~i7~ia 191454 Allison F. Wells, Esq.. Id. No309519 Phelan Hallman & Sclunieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia. PA 19]03 TEL: (`_' 15) 563-7000 FAX: (215) 563-3459 EDWARD ,l. MCNEAI, EDWARD J. MCNEAE I44 SOUTH ENOLA DRIVE 469 N STATE ST ENOLA. PA 17025-2711 CONCORD, NH 03301-3246 1A1454 t' SS 191454 ~ ; PHELAN HALLINAN & SCHMIEG, LLP' ~~_P~„~~ ~~!_~;' ~"~1 ~ by: Allison F. Wells, Esquire, Atty. LD. No. 309519 .ATTORNEY F'OR PLA[NT[FF 1617 John F. Kennedy Boulevard, Suite i 400 Philadelphia, PA 1910.3-1814 21( 5)563-7000 GMAC MORTGAGE, LLC, S1UI TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division ~• Cumberland County EDWARD J. MCNEAL No.: CIVIL 08-6854 Defendant PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "C" to Plaintiff s Motion to Reassess Damages which was filed with the court on or about October 12, 201?. DATE: _ Phelan Hallinan & Schmieg, LTA _-~ _______ Allison F. Wells, Esquire Attorney for Plaintiff EXHIBIT "C" PHELAN h[ALLINAN 1~ SCHMIEG, LLP 1G1? John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 hr1X#: (215} 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey C?ctober 2, 2012 EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE FNOLA, PA 17025-271'1 ItI:: G>t~IAC MORTGAGE, LLC, S/I/I TO GMAC iYIORTGAGE CORPORAT'IC1N s:. EDWARD J. MCNEAL Premises Address: 144 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL 08-68.4 Dear Defendant, Inclosed please f nd a true and correct copy of nay proposed Motion to Reassess Damages and Grder. In accordance with Cumberland County Local Rule 20$.3(9), I am seeking dour concun•ence with the requested relief that is, increasing the amount of the judgment. Pletise respond to me within 5 days, by 10/09!1.012. Should you have further questions or concerns, please da not hesitate to c~~ntact m~. Othcnvise, please he guided accordingly. -~. ._ Very truly fours, :~~___._ Allison lY~, bVclls: #c-~ic~.•No.309519 Attorney for Plaintiff Enclosl~re ~'~1~54 F +~ ~ ~ t" c}o~ c#,Z WQ213 tT~IiYW 'tp~ ZO1~ 9SLttZtr400 + ~~3ci'S3~~~ k a ~ ~ ~ ~ ~ ^~ av n~ ,,, .~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ,~ o Ct ._ ~ ~ `v Q ea ~ ~ d c m ~ aG ~ c '"'' ~ 'C C Q ~ ~ a fi 'Q L V! '~ [~ ~ ~ C z¢o E `~ Y; v"r ~~~~ ,E~~~ a ±+ c ~~~~ ~ ~a ~~ ~~' a,' ~~~3 ~~ g ~ ... `~ ~w e E u ~ ~ ~ ZS oa ~~~~ -~rs~ ~~ ~~ . ~, ~ ~, $ ~,~~«o ~~ 0r a c `a° a ~.~~ U O a 8 w m a a 4 A °s~~ 0 r}' T s i ,~ ~~ tt cr By: Allison F. Wells, Esq., Id. No. 309519 A"I'TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/UI TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division • Cumberland County EDW AIZD J. MCNEAL No.; CIVIL 08-6854 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Exhibit was sent to the following individuals on the date indicated below. EDWARD .i. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 DATE: _ i ____ EDWARD J. MCNEAL 469 N STATE ST CONCORD, NH 03301-3246 Phelan Hallinali~- ~~g, LLP ~" E--' ~, By:-- ~~. Allison F`Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF' .. _. _ . . Phelan Hallman & Sehmieg, LLP ~; ;~ ". Justin F. Kobeski, Esq., Id. No.200392 ~ ~ ~~ ~AT"LORNEY FOR PL.A.INTIFF 16]7 JF1K Boulevard, Suite 1400 '' ,~~~; ~ ~~~' ~ ~'~~~~ ~~ ~;,~ ~~ ~. One Penn Center Plaza I''.1 -- Philadelphia, PA 19103 ?1.5_;63-7000 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION Plaintiff Court of Common ['leas Civil Division v.. EDWARD .1. MCNEAL Defendant CUMBERLAND (.~'ounty No.: CIVIL 08-68~~~ CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 17, 2012 Kule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated belo«-. EDWARD .l . MCNEAL 144 SOUTH ENOLA DRIVE ENOLA. PA 17025-2711 EDWARD J. MCNEAL 469 N STATE ST CONCORD, NH 03301-3246 Phelan Hallman & Schmieg, LLP DATE: -~~[~~ BY~ _ J m F. Ko eski, Esq., Id. Na.200392 Attorney for Plaintiff 191454 ~ .. ~ + . ,_ ~.,J ~ U~~^# ~~'y a t~ i.'.j' Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 308912t -ATTORNEY FOR PLAINTIFF ~v~~~RI..xP~D ~i~~t~ 1 ~'J P~NNSYL~AN~A GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION Plaintiff vs. EDWARD J. MCNEAL Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL 08-6854 MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on October 12, 2012. 2. 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 October 2, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 3. A Rule was issued by the Honorable Kevin A. Hess on or about October 17, 2012 directing the Defendant to show cause by November 6, 2012 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 "B". 4. The Rule to Show Cause was timely served upon all parties on November 1, 2012 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 "C". 191454 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. helan Hallinan & Schmieg, LLP DATE: ~ ~ By: e issa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 191454 Escrow Deficit TOTAL Plus interest at six percent per annum. $8,935.34 $104,568.22 Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT: J. 191454 Exhibit "A" 191454 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 2, 2012 EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 RE: GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION v. EDWARD J. MCNEAL Premises Address: 144 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL 08-6854 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208..3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly.. Very truly yours, ~~-- ,. ~,, ` , Allison F. ,~ s,1INo.309519 Attorney for Plaintiff Enclosure 191454 Exhibit "B" 191454 IN T1nIE CO~JRT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County EDWARD J. MCNEAL No.: CIVIL 08-b854 Defendant RULE AND NOW, this ~~~ day of ~y~y 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days fiom the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Count, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter.. BY ~ `~E C0111:"C` e..~ ~. _ -a ;: ,.~ 4 ..Y .a:;.5 .. 191454 Exhibit "C" 191454 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S!I/I TO GMAC MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAIN'T'IFF Court of Common Pleas Civil Division vs. CUMBERLAND County EDWARD J. MCNEAL No.: CIVIL 08-6854 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. EDWARD J. MCNEAL EDWARD J. MCNEAL I44 SOUTH ENOLA DRIVE 469 N STATE ST ENOLA, PA 17025-2711 CONCORD, NH 03301-3246 Phelan Hallinan Schmieg, LLP DATE: ~~~~ By~ J ~ F. Ko ki, Esq., Id. No.200392 Attorney for Plaintiff 191454 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff vs. EDWARD J. MCNEAL Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL 08-6854 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individual on the date indicated below. EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 EDWARD J. MCNEAL 469 N STATE ST CONCORD, NH 03301-3246 // P elan H linan & ieg, LLP DATE: ~ l ~ ~ ~ By: e issa J. Cantwel , sq., Id. No.308912 Attorney for Plaintiff 191454 C~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC Court of Common Pleas MORTGAGE CORPORATION Plaintiff Civil Division vs. EDWARD J. MCNEAL CUMBERLAND County No.: CIVIL 08-6854 Defendant ORDER AND NOW, this ~y'~ day of N~~-c...l~c(2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 Interest Through December 5, 2012 Per Diem $12.07 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections to be paid prior to December 5, 2012 Property Preservation Property Preservation to be paid prior to December 5, 2012 Appraisal/Brokers Price Opinion $65,252.32 $20,187.20 $125.95 $3,050.00 $3,382.48 $671.84 $45.00 $1,933.09 $215.00 $770.00 191454 ~., . $8,935.34 Escrow Deficit TOTAL $104,568.22 Plus interest at six percent per annum. ure is not a payoff quote. Sheriff s commission is not included in the above Note: The above fig figure. B~' T COURT: ~ ~~ J. ~ ~~ c `~ ..rn~~°° ~ ~ •K~ .~- T~T~~ ' n ~l v` r++ .ems. `~ ~ C7 ~ Z c~ (7J ~ ~ ~.J ro /,~dWa~ S /H~~~al /Phd~A~K, Hall;Na~ 'F~"''e~ --, _F .~_ r=~ ~-: 'Y~ - ~*/ 'i VL~ ~- .,: ", ~_ -r C°: ['.', ,. _~ 191454 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plara Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff vs. EDWARD J. MCNEAL Defendant z .~ i,. r ._ i.~ Ir ,sU~lt~t3 i 7~•.. Pr CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6854 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to EDWARD J. MCNEAL on SEPTEMBER 17, 2012 in accordance with the Order of Court dated APRIL 15, 2009. The property was posted on SEPTEMBER 21, 2012. Publication was advertised in THE SENTINEL on SEPTEMBER 19, 2012 & in THE CUMBERLAND LAW JOURNAL on OCTOBER 26, 2012.. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: ,~ gy. "" Jona a obb, Esq., Id. 0.312174 Attorney for Plaintiff IN TF~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, SM to . GMAC Mortgage Corporation ~ 14 ZQ09~ Civil Division vs. No, Civil 08-6854 Edward J, McNcal , ORDER AND NOW, this ___ day of ~, , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint and all future pleadings on Defendant, Edward J. McNeal, by: 1. Posting of the premises: 144 South Enola Drive, Enola, PA 17025. 2. First class mail to Edward J. McNeal at the mortgaged premises located at 144 South Enola Drive, Enola, PA 17025; and 3. Certified mail to Edward J. McNeal at the mortgaged premises located at 144 South Enola Drive, Enola, PA 17025; and 4. , ~b~~ec:~4~ ~ ~ €~. neul~Popc~ o r~9enet'al, ~~r C.u~a~~OtJ ,r~~~~~ ~~~~~~+~~„ 9Y THE COURT: ~~~ f)..~11~» ~... Ct~rn}oer~wnc~ ~.' ~~n~f ~vJ Maur na.I . Cc: Edward J. McNeal J. 144 South Enola Drive Enola, FA 17025 PHS#: 191454 2 r ' T O ~' O O 0 ~'rJ C~ x F•~ ~ M l I O M J I~ r z b .~ ~o ~ ~ r ~ H z N C ~O oo v o, v, A w N H a~ ~' _ as .~ «. . * «. .» ,E .» . ., ,~. ,~ .~ . mo ~~ b ~'~ A ~n~ ~ ' ~ ~' C "ti ^'3 a o o, ob ~o a i ~ axe, ~ z~ R ~ ~~y ~ ~~r o ~ o ~o s~ ~ a ~ ~~ a b y y "1 Q r ry ~_ C 0 ~ r~ ~.a w ao ~ f - ~~Q^CES ~ST;~ ' F ti ~ G Z s 7 I*I7NEY B ~ 2 1Ni ~ O~ 00042"<5F3 ~Ep i ~'am r; ~ 3 A m -~ ~ II ;o~ a ~ C" ~~z ~ ~ ~~r .. ~° ~ a W C ~ ~ ~, a x C ~`+ l~ ~ ~ A OWES .59° 7 2012 MAILED FRC)RA ZIP CbDE 1 9 1 0 3 III ~Ili~~allNlhll~ LXH / 191454 1020 EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-0000 --fold here (regular) -- fold here (6x9) y --fold here (regular) Lily Haine From: U.S._Postal Service_ [U.S._Postal Service@usps.com] Sent: Wednesday~November 07, 2012 7:04 AM To: Lily Hainey Subject: U.S. Postal Service Track & Confirm email Restoration - 7178 2417 6099 0108 8187 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7178 2417 6099 0108 8187 Service Type: Certified Mail(TM) Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Forwarded ENOLA PA 09/19/12 10:28am Depart USPS Sort HARRISBURG PA 17107 Facility Processed through USPS HARRISBURG PA 17107 Sort Facility Dispatched to Sort Facility PHILADELPHIA PA 19104 Acceptance Electronic Shipping Info Received PHILADELPHIA PA 19102 09/19/12 09/18/12 10:30pm 09/17/12 6:52pm 09/17/12 5:54pm 09/17/12 USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags htm PLAIN'[7FF GMAC MORTGAC=E, Li.C, S/I/[ TO GMAC MORTGAGE CORPORATION DEFENDANT EDWARD J. MCNEAL SERVICE TEAM/ lxh COURT NO.: CIVIL OS-6854 SERVE EDWARD J. MCNEAL AT: TYPE OF ACTION 144 SOUTH ENOLA DRIVE XX Notice of Sheriff's Sale ENOLA, PA 17025-2711 SALE DATE: December 5, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THT. COURT ORDER** SERVED Served and. maele knavun to EDWARD J. MCNEAL, Defendant on the ~) °day of SSP7J"/tig~ 20 i?-, at (o% 3ba, o'clock ~,. M., at (.114 S ~NtLA DR ~ I~ND_ LIF ~'~ , in the manner described below: ___._ Defbnclartt personally served. Adult family member with wham Defendants} reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ _ _- Other:µµ _. ~t157 *~'C> pR0 ~ RxT `~ Description: Age,,,, ..,,, __ _ Height ....__.._._..__ Weight. _.....__....,__ _ Race Sex Other -~bSTtp I, lit ~ttali! ;'YtCt~1~ , a competent adult, hereby verify that I personally ka~ded a we and correct copy of the Notice c)f„She;iff's_,Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to xaltcs of l8 Pa. C.S. S ~. 4904 relating to unsworn falsification to authorities. ~ry ( _e>. DATF ~ (~ ~' ~_!.._~ ~ NAME :............ ... PRIN'I`1D NAME: __.___ I~Oll;~lci 1~-loll FHS # 191454 NUT SERVED On the day of , 20_, at ~ o'clock _. M., I, , a competent adult hereby state that Defendant~OT FO ecause: Vacant Does Not Exist __.__, Moved ~ Does Not Reside (Not Vacant) __..... _._... Na Answer ott ..........._._..._._._........._at ~ at _ Service Refused Other: I understand that this statement is made subject to the penalties of I8 Pa. C.S, Sec. 4)04 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY POR PLAINTITF 1; Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Flallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, 1'-sy., id. Nn. ti9849 Judith'I'. Komanc>, Esq., Id. No. 58745 .lenine R. Davey, Fsq., Id. No. 87077 Lauren R.'I'abas, list'., Id. No. 93337 Jay B. Tones, Esq., id. No. 86657 Anda~ew I.,. Spivack, Esq., Id. No. 8;439 C'rtrisovaltinte P. F7iakos. Est'., Id. No. 44620 Courtenay R. Dwm, Esy., Cci. Na. 206779 Atltson [~. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Isy., Id. No. 308912 ]vlarict J. Hanyon, F.,sy., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esy., Id. Na. 80193 AFFIllAVIT OF SERVICE: CU141BERLAND COUNTY PROOF OF PUBLICA'hIO ~T State of Pennsylvania. County o1~~'un~lherland ;~I.:ki_c~ C 1>~Sales,Direct~~r, of The Sent>11e~, of the CoLU1t~- ~u1~~I State atoms<ti~i, I~f~on~~. gulp ~,ti ~~?rr. reposes al~-rd says that THE SENTINEL., a ne~n~spaper of };eneral circllLtl~~.1t~ in i11e i3~ ~rou~f~ of. Carli~~le, County and State aforesaid, was established December 1 ;'' _ ~ ~~~1, =siiie~~ ~a~ltich date THE SENTINEL has been regularl~~~ issued in said Count~~, tin~l~~ ±?~~)t the ~)rinted notice or publication attached hereto is exactl~r the same as was pl'ihltt~~_1 11?~__I u?~Ib[is~hi~d in the r~egula~r editions and issues of T tL_ ~>F 'JTINET_ on the follow>s1~; days; ~'t)1'Y f :1F NOTIC,E OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVtL 08-8854 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Vs. EDWARD J. MCNEAL NOTICE TO: EDWARD J. MCNEAL NOTICE OF SHERIFF'S SALE OF REAL PFiOPERTY Being Premises: 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 Being in EAST PENNSBURO TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 09-15-1291-140. Improvements consist of residential property. Sold as the property of EDWARD J. MCNEAL Your house (real estate) at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 is scheduled to be sold at the Sheri~f's Sale on 12/05/2012 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of $86,205.22 obtained by, GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiantfurther deposes thathE~'sl'~~~ ~~ ?u)1= interested in the subject matte r ~f?~ tr~t~ aioresai.d notice or arjvertisenl«~~t1t, ;11ci that all allegations in the ~orcgoint, '~yt~1l 'In ant as to tinge, place and charactE~r of puk7 °~<~rtion are tt'Ul'. i~ E Sworn to and. slabs ibec~ befort 1I ~ r ~ i "~ t~, //// / ~+ ~ -I ~i, ', i f Notary I'~li~l My comnlisszon expires: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 26, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. _._--- L' a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 26 day of October, 2012 Notary , -~' ~~' ~~ N":1TARIAL SC:AL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Er;pires Apr 26, 2014 `~ ,. CUMBERL?~ND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. CML 08-6854 GMAC MORTGAGE, LLC s/i/i TO GMAC MORTGAGE CORPORATION vs. EDWARD J. McNEAL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: EDWARD J. McNEAL Being Premises: 144 SOUTH ENO- LA DRIVE, ENOLA, PA 17025-2711. Being in EAST PENNSBORO TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 09-15-1291-140. Improvements consist of residen- tial property. Sold as the property of EDWARD J. McNEAL. Your house (real estate) at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 is scheduled to be sold at the Sheriff's Sale on December 5, 2012 at 10:00 A.M., at the CUM- BERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $86,205.22 obtained by, GMAC MORTGAGE, LLC s/i/i TO GMAC MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN 8s SCHMIEG, LLP Attorneys for Plaintiff Oct. 26 9 PHELAN HALLINAN & SCHMIEG, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff ' .. _ ~ . ~ =? ..~ ' , ~ ,, _ ~~:.~ _ r-± .~: _ - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff, v. EDWARD J. MCNEAL Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: CIVIL 08-6854 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Meredith Wooters, Esquire" ` ~ ~ I ~d Attorney for Plaintiff Date: \ ` 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. PHS # 191454 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION Plaintiff v. EDWARD J. MCNEAL Defendant(s) , COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL 08-6854 CUMBERLAND COUNTY PHS # 191454 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. 1 2. Name and address of Owner(s) or reputed Owner(s): Name EDWARD J. MCNEAL Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 DISCOVER BANK 436 SEVENTH AVE STE 1400 C/O JAMES C. WARMBRODT, ESQ. PITTSBURGH, PA 15219 WELTMAN, WEINBERG &REIS, CO., L.P.A. DISCOVER BANK 436 7TH AVE # 1400 KOPPERS BLD C/O MATTHEW DAVH) URBAN, ESQ. PITTSBURGH, PA 15219 WELTMAN, WEINBERG &REIS, CO., L.P.A. DISCOVER BANK 436 7TH AVE # 1400 KOPPERS BLD C/O WELTMAN, WEINBERG &REIS, CO., PITTSBURGH, PA 15219 L.P.A. DISCOVER BANK 436 SEVENTH AVE STE 1400 C/O WELTMAN, WEINBERG &REIS, CO., PITTSBURGH, PA 15219 L.P.A. 4. Name and address of last recorded holder of every mortgage of record Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION MAILSTOP PS-PCLC-Ol-1 C/O CONSUMER LOAN CENTER 2730 LIBERTY AVENUE MORTGAGE SERVICING PITTSBURGH, PA 15222 PNC BANK, NATIONAL ASSOCIATION MAILSTOP P-SPCLC-Ol-1 CIO CONSUMER LOAN CENTER 2730 LIBERTY AVENUE MORTGAGE SERVICING PITTSBURGH, PA 15222 PNC BANK, NATIONAL ASSOCIATION CONSUMER LOAN CENTER C/O TERRI HOSTETLER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE C/O ROBERT GILL, MANAGER ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE C/O HENRY F COYNE, SOLICITOR ENOLA, PA 17025 East Pennsboro Township Curcillo Law, LLC C/O Joseph A. Curcillo III, ESQ. 3964 LEXINGTON ST HARRISBURG, PA 17109 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 144 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 MARY ANN MCNEAL 1 CORDIAL DRIVE, #46 ENOLA, PA 17025-1512 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MH)DLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING 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. Date: \, 4~~ I ~ gy. '~/ Phe an Halli ~ & S hmieg, LP ~~~r ~i v r Atlorl-ey fo~,r Plai~f _~ ~ ~ ~ ~' °. 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CA th ttl h i ._ . t t/t . ~7 Z~{YZ i+fi%d~a 95 ~LL~V SrYt f1~0 ~ d ~' E1~~ isa+T ~` ~ ~ . ~^~ ~ d~~'+ ~qs 4y ~~~ 4 :; a d ~" CT A ~, a r~ ~ D~ g~. °ro~k' '~~ ~~ b a .~ z n r .. SHERIFF'S OFFICE OF CUMBERLAND COUNTY r"i� E Ronny R Anderson tr HE 0TH'L � i�`q'j ` Sheriff ������1;, of �aaaN6r����t�} e Jody s Smith 2313 KAY —] AIN a: 5r Chief Deputy Richard W Stewart CUMBERLAND C©UINT Y Solicitor ., _ . � PENNSY1 %VA?jj A GMAC Mortgage, LLC Case Number vs. 2008-6854 Edward J. McNeal SHERIFF'S RETURN OF SERVICE 09/27/2012 07:40 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 144 South Enola Drive, Enola, PA 17025, Cumberland County. 10/12/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Edward J. McNeal, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 144 South Enola Drive, Enola, PA 17025, property is vacant, defendant did not leave a forwarding address at the post office for after 6/4/12. 12/05/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on December 5, 2012 at 10.00 a.m. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg on behalf of GMAC Mortgage, LLC, S/B/M to GMAC Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $869.36 SO ANSWERS, April 30, 2013 R-ONtW R ANDERSON, SHERIFF GMAC MORTGAGE, LLC, S/I/I TO GMAC COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.: CIVIL 08-6854 EDWARD J. MCNEAL Defendants) CUMBERLAND COUNTY PHS 9 191454 -AFFIDAVIT PURSUANT-'O-RULE-3129,1_ GMAC MORTGAGE,LLC,SAA TO GMAC MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 144 SOUTH ENOLA DRIVE,ENOLA,PA 17025-2711 I. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) EDWARD J.MCNEAL 144 SOUTH ENOLA DRIVE ENOLA,PA 17025-2711 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and Iast known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY,OH 43054 DISCOVER BANK 436 SEVENTH AVE STE 1400 C/O JAMES C.WARMBRODT,ESQ. PITTSBURGH,PA 15219 WELTMAN,WEINBERG&REIS,CO.,L.P.A. DISCOVER BANK 436 7TH AVE#1400 KOPPERS BLD C/O MATTHEW DAVID URBAN,ESQ. PITTSBURGH,PA 15219 WELTMAN,WEINBERG &REIS,CO.,L.P.A. DISCOVER BANK 436 7TH AVE# 1400 KOPPERS BLD MAN, __- PITTSBURGH,PA 25219— L.P.A. DISCOVER BANK 436 SEVENTH AVE STE 1400 C/O WELTMAN,WEINBERG &REIS,CO., PITTSBURGH,PA 15219 L.P.A. 4. Name and address of last recorded holder of every mortgage of record: Name. Address(if address cannot be reasonably ascertained,please indicate) PNC BANK,NATIONAL ASSOCIATION MAILSTOP P5-PCLC-01-1 C/O CONSUMER LOAN CENTER 2730 LIBERTY AVENUE MORTGAGE SERVICING PITTSBURGH,PA 15222 PNC BANK,NATIONAL ASSOCIATION MAILSTOP P-5PCLC-01-1 C/O CONSUMER LOAN CENTER 2730 LIBERTY AVENUE MORTGAGE SERVICING PITTSBURGH,PA 15222 PNC BANK,NATIONAL ASSOCIATION CONSUMER LOAN CENTER C/O TERRI HOSTETLER 2730 LIBERTY AVENUE PITTSBURGH,PA 15222 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA,PA 17025 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE C/O ROBERT GILL,MANAGER ENOLA,PA 17025 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE C/O HENRY F COYNE,SOLICITOR ENOLA,PA 17025 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 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 144 SOUTH ENOLA DRIVE ENOLA,PA 17025-2711 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O. BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 MARY ANN MCNEAL 1 CORDIAL DRIVE,#46 ENOLA,PA 17025-1512 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. Date: BY: (2--�77 P Hallinan&Schmieg,LLP o Michael Kolesnik,Esq.,Id.No.308877 ttomey for Plaintiff GMAC MORTGAGE,LLC, S/I/I TO GMAC MORTGAGE : COURT OF COMMON PLEAS CORPORATION CIVIL DIVISION Plaintiff : : NO.: CIVIL 08-6854 VS. EDWARD J. MCNEAL : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD J. MCNEAL 144 SOUTH ENOLA DRIVE ENOLA,PA 17025-2711 "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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate)at 144 SOUTH ENOLA DRIVE,ENOLA,PA 17025-2711 is scheduled to be sold at the Sheriff s Sale on 12105/2012 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$83,441.24 obtained by GMAC MORTGAGE, LLC,S/I1I TO GMAC MORTGAGE CORPORATION(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale,you must take immediate action: 1. The sale will be canceled 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 x1230. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County,Pennsylvania,bounded and described as follows,to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R.Rupley; on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road;having a frontage on the State Road of 25 feet,more or less,and extending on the northern line 150 feet,more or less, on the eastern line adjoining said alley 25 feet,more or less, on the southern line 152 feet, more or less,(said southern line running through the center of the partition Wall of a pair of houses); having thereon erected the northern half of a double frame dwelling house. TITLE TO SAID PREMISES VESTED IN Edward J. McNeal,married person,by Deed from Thelma A.Newlin, single woman by her attorney-in-fact Thelma V. Deppen,dated 08/30/1996, recorded 09/05/1996 in Book 145,Page 698. PREMISES BEING: 144 SOUTH ENOLA DRIVE,ENOLA,PA 17025-2711 PARCEL NO.09-15-1291-140. SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL 08-6854 GMAC MORTGAGE,LLC, S/III TO GMAC MORTGAGE CORPORATION vs. EDWARD J. MCNEAL owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 144 SOUTH ENOLA DRIVE,ENOLA,PA 17025-2711 Parcel No. 09-15-1291-140. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $83,441.24 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County,Pennsylvania, bounded and described as follows,to wit: BOUNDED on the North by a strip of land now or formerly of Arthur R. Rupley;on the East by an alley; on the South by lands now or late of Edgar Harrison and Margaret Harrison, and on the West by the State Road;having a frontage on the State Road of 25 feet,more or less,and extending on the northern line 150 feet,more or less, on the eastern line adjoining said alley 25 feet,more or less, on the southern line 152 feet,more or less,(said southern line running through the center of the partition wall of a pair of houses);having thereon erected the northern half of a double frame dwelling house. TITLE TO SAID PREMISES VESTED IN Edward J.McNeal,married person,by Deed from Thelma A.Newlin, single woman by her attorney-in-fact Thelma V. Deppen,dated 08/30/1996, recorded 09/05/1996 in Book 145,Page 698. PREMISES BEING: 144 SOUTH ENOLA DRIVE,ENOLA,PA 17025-2711 PARCEL NO. 09-15-1291-140. SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL 08-6854 GMAC MORTGAGE,LLC, S/I/I TO GMAC MORTGAGE CORPORATION VS. EDWARD J. MCNEAL owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 144 SOUTH ENOLA DRIVE, ENOLA,PA 17025-2711 Parcel No. 09-15-1291-140. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $83,441.24 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 08-6854 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due GMAC MORTGAGE, LLC,S/I/I TO GMAC MORTGAGE CORPORATION Plaintiff(s) From EDWARD J. MCNEAL (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: $83,441.24 L.L.: Interest FROM 5/31/2012 TO DATE OF SALE ($12.23 PER DIEM)-$6,787.65 Atty's Comm: % Due Prothy:$2.25 Atty Paid:)f Q-'/,dy Other Costs: Plaintiff Paid: Date: 8/13/2012 David D. Buell, Prathonotary (Seal) .-� c _� Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address:PHELAN HALLINAN&SCHMIEG, LLP 1617 JFK BOULEVARD,SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD Supreme Court ID No. 308877 In Testimony whereof,l here unto set my hart! and the seal of said Court at Csriisie Pa n This__L-Ld.,0f protho—no„tta_ry On August 16, 2012 the Sheriff levied upon the ' defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 144 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 16, 2012 By: (, A Real Estate Coordinator Es =8 '� h 1911tl 710l 13��� ziJ :3J, 1 CUMBERLAND LAW JOURNAL Writ No. 2008-6854 Civil Term GMAC Mortgage,LLC vs. Edward J. McNeal Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL 08-6854, GMAC MORT- GAGE, LLC, s/i/i TO GMAC MORT- GAGE CORPORATION vs. EDWARD J. MCNEAL, owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 144 SOUTH ENOLA DRIVE, ENOLA, PA 17025- 2711. Parcel No. 09-15-1291-140. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $83,441- .24. 66 T PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices,and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this dav of November, 2012 Notary NO iARiAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY my Commission Expires Apr 28,2014 i The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 i CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s).shown below: 10/26/12 aMac TOM LL 11/02/12 va EdwnrctJ McNeal 11/09/12 BY AW. Dante/schmleg ,+ virtue CPAL 08-6954 of a Writ of);Execution NO. ` GMAC MORTGAGE; . . . . . . . . . . . . . . . . GMAC MORTGAGE CORPORATION V& MWARUJ MCNEAL Swor scr ed before e 1 day ov giber, 2012 A.D. owner(s)of Property situate in the / TOWNSHIP OF / 1 ,�� Cumberland County,Penn'h'ani4,-being , 1('GJ 144 OUTHE,NO ARRIVE EN Notary Public PA 17025-2711 6MENTAMOUNTI$83,441.24 0915-1291-140 COMMONWEALTH OF PENNSYLVANIA r Streetaddrem) Notarial Seal nts thereon:RESID ,� Sherrie L.Owens,Notary public G Lower Paxton Twp.,Dauphin County My Commission Explres Nov.26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mortgage_LLC is the grantee the same having been sold to said grantee on the 5th day of December A.D., 2012,under and by virtue of a writ Execution issued on the 13th day of August,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6854, at the suit of GMAC Mortgage LLC against Edward J. McNeal is duly recorded as Instrument Number 201314821. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. c,2 order of Deeds Recorder of Deeds, umberland County,Carlisle,PA ly Commission Expires the first Monday of Jan.2014