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HomeMy WebLinkAbout08-6985PHELAN 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 191776 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. GREIG G. ALTIERI 9017 RED BRANCH ROAD COLUMBIA, MD 21045 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM dl V) I NO. QJ- A 15 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191776 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 #: 191776 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: GREIG G. ALTIERI 9017 RED BRANCH ROAD COLUMBIA, MD 21045 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/20/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., D AS A NOMINEE FOR 1 ST MARINER BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200738646. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 #: 191776 6. The following amounts are due on the mortgage: Principal Balance $148,573.44 Interest $4,170.39 07/01/2008 through 11/24/2008 (Per Diem $28.37) Attorney's Fees $1,325.00 Cumulative Late Charges $197.04 07/20/2007 to 11/24/2008 Property Inspections $11.25 Cost of Suit and Title Search 750.00 Subtotal $155,027.12 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $155,027.12 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 #: 191776 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $155,027.12, together with interest from 11/24/2008 at the rate of $28.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LA NCE . PHELAN, ESQ IRE FRANCIS S. HALLINAN, ESQJARE DANIEL G. SCHMIEG, ESQUIU /MICHELE M. BRADFORD, ESQUIRE . h. (pq $L( 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 #: 191776 LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter; said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southeastem corner of 'The Brook Meadow Condominium', said corner being in common with the southwestern corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of-way line of Mulberry Drive; THENCE, along the northern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 23, as described herein, thence, along the southern wall of the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. File #: 191776 BEING the real estate containing Unit No. 23 of a seven (7) unit building in'The Brook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. Parcel ID No.38-21-0291-110-U23 PROPERTY BEING: 305 BROOK MEADOW DRIVE File #: 191776 VERIFICATION I hereby states that I am the attorney for the 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: I.p•(v 989' File #: 191776 r p w i A . v ol ?v v C - ra SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06985 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS ALTIERI GREG G 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 ALTIERI GREIG G but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , ALTIERI GREIG G 305 BROOK MEADOW DRIVE NOT FOUND , as to MECHANICSBURG, PA 17050 PER CURRENT RESIDENT, DEFENDANT DOES NOT RESIDE THERE. PER POST OFFICE, DEFENDANT IS NOT KNOWN AT ADDRESS GIVEN. Sheriff's Costs: So answers_ Docketing 18.00 Service 9.00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found /'? 5.00 lga2ZIo8 `? - v 42.00- 2. 00 PHELAN HALLINAN & SCHMIEG 12/11/2008 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 @fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC Court of Common Pleas Civil Division vs. Cumberland County Greig G. Altieri No. CIVIL-08-6985 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, Greig G. Altieri, by first class mail and certified mail to the Defendant's last known address, 9017 Red Branch Road, Suite 201, Columbia, MD 21045 and mortgaged premises, 305 Brook Meadow Drive, Mechanicsburg, PA 17050, posting of the mortgaged premises, 305 Brook Meadow Drive, Mechanicsburg, PA 17050, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Greig G. Altieri, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 305 Brook Meadow Drive, Mechanicsburg, PA 17050. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at said address. 2. The Plaintiff attempted to serve the Defendant at the last known address, 9017 Red Branch Road, Suite 201, Columbia, MD 21045. As indicated by the Affidavit of Service attached hereto as Exhibit "B", no service was made as the property is vacant. 3 3. The Plaintiff attempted to serve the Defendant at the last known address, 12904 Folly Quarter Road, Ellicott City, MD 21042. As indicated by the Affidavit of Service attached hereto as Exhibit "C", no service was made as the Defendant moved, but left no forwarding address. 4. The Plaintiff attempted to serve the Defendant at the last known address, 6 124' Street, Apt. B, Ocean City, MD 21842. As indicated by the Affidavit of Service attached hereto as Exhibit "D", no service was made as the Defendant does not reside at said address. 5. 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 "E". 6. Plaintiff contacted the Prothontary's Office and as of January 8, 2009, no Judge has previously entered a ruling in this case. 7. 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 January 8, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's January 8, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "F" 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, Greig G. Altieri, but has been unable to do so. 4 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 Hallijatf& Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorneys for Plaintiff January 16, 2009 5 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 @fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC Court of Common Pleas : Civil Division VS. Cumberland County Greig G. Altieri No. CIVIL-08-6985 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. 6 (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", and Plaintiffs Process Server's Affidavits of Service attached hereto as Exhibits "B", "C", and "D", service of the complaint could not be completed. 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 "E". 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, P Phelan V1119i By: aniel G. Schmieg, Esquire D Attorney for Plaintiff Date: January 16, 2009 Exhibit "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06985 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS ALTIERI GREG G 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 ALTIERI GREIG G but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , ALTIERI GREIG G 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050 PER CURRENT RESIDENT, DEFENDANT DOES NOT RESIDE THERE. PER POST OFFICE, DEFENDANT IS NOT KNOWN AT ADDRESS GIVEN. Sheriff's Costs: So answers :__ Docketing 18.00 Service 9.00 - Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 42.00 PHELAN HALLINAN & SCHMIEG 12/11/2008 Sworn and Subscribed to before me this day of , A.D. Exhibit "B" I 04""''' AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 191776 DEFENDANT TEAM4/ acs GREIG G. ALTIERI COURT TERM: COURT NO.: CIVIL-08-6985 SERVE GREIG G. ALTIERI AT: TYPE OF ACTION 9017 RED BRANCH RD XX Mortgage Foreclosure STE 201 XX Civil Action COLUMBIA, MD 21045-2112 SERVED j cp S Served and made known to Defendant on the _ day of , 200 _, at _, o'clock _. M., at , 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 Height Weight Race Sex 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 Foreclosure Complaint 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 200_ . Notary: By: NOTSERVED On the --Ca_ day of 1 . 200f, at//: /0 o'clock 4. M., Defendant NOT FOUND because: Moved _ Bad Address Other: Sworn to and subs ribed befo e me this day of 1 _, 200_T:. By: Notary: ?A I - No Answer -,/<acant One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1811 (215) 563-7000 John F. Fipuracion jr Notary Public State o f Maryland My Commission Expires October 19, 2010 Exhibit "C" bowl. AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 191776 DEFENDANT GREIG G. ALTIERI SERVE GREIG G. ALTIERI AT: 12904 FOLLY QUARTER RD ELLICOTT CITY, MD 21042-1242 TEAM4/ ics COURT TERM: COURT NO.: CIVIL-08-6985 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED e. 5 -s- Served and made known to Defendant on the _ day of , 200 _, at , o'clock _. M., at , 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 Height Weight Race Sex 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 Foreclosure Comllaint 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 , 200 . Notary: By: NOT SERVED On the Ci day of 200 , at I' a'clock -0t. M., Defendant NOT FOUND because: Moved _ Bad Address _ No Answer - Vacant Other: Sworn to and sub cribed before me this day of 200Q. By: Notary: ATTORNEY FOR PLAINTIFF DANIEL G. RE I.D.#62205 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1813 (215) 563-7000 John F. Figuracion Jr. Notary Public State o f Maryland My Commission EXPlnss October 19, 2010 Exhibit "D" . ,4r. PLAINTIFF GMAC MORTGAGE, LLC PHS # 191776 DEFENDANT GREIG G. ALTIERI SERVE GREIG G. ALTIERI AT: 6 124TH ST APT B OCEAN CITY, MD 21842-2309 TEAM4/ _ics COURT TERM: COURT NO.: CIVIL-08-6985 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to Defendant on the _ day of , 200 _, at , o'clock _. M., at 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 Height Weight Race Sex 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 Foreclosure Complaint 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 200 Notary: Ft". ?. - NOTSERVED On the -(;7- day of • 200, ateo'clock 6L. M.. Defendant NOT FOUND because: Moved Bad Address / No Answer _ Vacant Other: C LA rre,-,+ resjoe.,/? -t-,,e° ve ' A ectid al Sworn to anbefore me of Sworn to and sub ibed 0 0. AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY By: f46?? (215) 563-7000 ?cS John F. Figrumcion Jr. Notary Public State o f Maryland My Commission Expires October 19, 2010 Exhibit "E" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 191776 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Greig G. Altieri Property Address: 305 Brook Meadow Drive, Mechanicsburg, PA 17050 Possible Mailing Address: 9017 Red Branch Road, Suite 201, Columbia, MD 21045 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. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Greig G. Altieri - xxx-xx-1009 B. EMPLOYMENT SEARCH Greig G. Altieri - A review of the credit reporting agencies provided employment information: 9017 Red Branch Road, Columbia, MD 21045 C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Greig G. Altieri reside(s) at: 9017 Red Branch Road, Apartment 201, Columbia, MD 21045. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Greig G. Altieri reside(s) at: 12904 Folly Quarter Road, Ellicott City, MD 21042 & 6124th Street, Apartment B, Ocean City, MD 21842, which is an Apartment Complex. On 11-28-08 our office made several telephone calls to the subject's phone number (410) 531-2775 and received the following information: no answer. On 11- 28-08 our office made a telephone call to the subject's phone number (410) 250-5896 and received the following information: disconnected. B. On 11-28-08 our office made several telephone calls to the phone number (410) 442-1025 and received the following information: answering machine. On 11-28-08 our office made a telephone call to the phone number (410) 715-4500 and received the following information: disconnected. On 11-28-08 our office made a telephone call to the phone number (443) 860-9245 and received the following information: disconnected. On 11-28-08 our office made several telephone calls to the phone number (410) 730-7144 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 11-28-08 our office made several phone calls in an attempt to contact Michael P. Walker (717) 795-5995,102 Brook Meadow Drive, Mechanicsburg, PA 17050: no answer. On 11-28-08 our office made a phone call in an attempt to contact Karen G. Shughart (717) 458- 8050, 200 Brook Meadow Drive, Mechanicsburg, PA 17050: spoke with an unidentified male who could not confirm that the subject reside(s) at 305 Brook Meadow Drive, Mechanicsburg, PA 17050. On 11-28-08 our office made several phone calls in an attempt to contact Rachel Manning (717) 458- 8086, 202 Brook Meadow Drive, Mechanicsburg, PA 17050: answering machine. On 11-28-08 our office made several phone calls in an attempt to contact C. Mano (410) 730-3100, 9008 Red Branch Road, Columbia, MD 21045: no answer. On 11-28-08 our office made a phone call in an attempt to contact William Denz (410) 740-9840, 9030 Red Branch Road, Columbia, MD 21045: spoke with an unidentified male who could not confirm that the subject reside(s) at 9017 Red Branch Road Suite 201, Columbia, MD 21045. On 11-28-08 our office made a phone call in an attempt to contact Diane Howard (410) 730-7065, 9030 Red Branch Road, Columbia, MD 21045: spoke with an unidentified female who could not confirmed that the subject reside(s) at 9017 Red Branch Road Suite 201, Columbia, MD 21045. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-28-08 we reviewed the National Address database and found the following information: Greig G. Alfieri - 9017 Red Branch Road, Suite 201, Columbia, MD 21.045. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 9017 Red Branch Road, Suite 201, Columbia, MD 21045. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Greig G. Altieri. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-28-08 Vital Records and all public databases have no death record on file for Greig G. Altieri. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Greig G. Altieri residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Greig G. Altieri - 02-27-1962 * 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 the penalties of 18 Pa C.S. S-gqN 4904 re ling t nswo f ification to authorities. d 4 IVY VAN AFFIANT -Brendan Booth oE' Full Spectrum Services, Inc. NOTARIAL TEAL ?- KAT}OINE J. TRAUTZ, Notary Public Sworn to and subscribed before me this 281h day of November, 2008. City d Philadelphia, Phila. County My Commission Expires March 6, 2012 The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibit "F" Co l6 6002 002 sin 14 O .tt N D Q! rl O ? ,Z: 0 t3 M o ?d? o ..o appp •? -o q o W O? obi 00 a ? h a O rrl J v ti U w 0. ii ? C i ? z? o - U y H 7 E ?7 t ? v "O ed L CC? D. E.? 7 ?•+ 'L7 O ? .G .d = O .. V ? N ? E d O O l 3000dlZ W021dO3lIt/YV F 80 Ntl( 0 L08 4Zb000 rO y r. ?( r $ W l Z O o vo , o • ?? v ? roe 0 a E ® ? g O V 2 ? ? O ? t 0 Goo 4. Q E o ° - o 01- t7 U G G .L.+ o?? - ? o ?, '3 ctl a; ? '^ O N a o 0 0 TT?^ o v w N 65 Vl W ?-. Q aL+ U N E o W ? ? N o = y W w G.•? O w ozbo? O kr) r v?l c cd O Y M 'O ? ^ 7 y y ? ' E Q 0. W ? °o T U° s vF a H E• bq 7 ? to ? on r. N U Q d C~ Q L. °" y O N 3 U ?? Q (z O a F N 0. W O •? 0 00 Vr a O 8 ? .? o 0 G a G7 ?b o ? z > z C7 0 ?- x d * r v, . •1F 'IF ?. V o? ? y N M vl ?D 1- 00 O\ O N "? ? N = V o J t- Cl. ri r4 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail @fedphe.com Jason Seidman, Ext. 1394 Service Department January 8, 2009 Greig G. Altieri 305 Brook Meadow Drive Mechanicsburg, PA 17050 Representing Lenders in Pennsylvania and New Jersey RE: GMAC Mortgage, LLC vs. Greig G. Altieri Premises Address: 305 Brook Meadow Drive, Mechanicsburg, PA 17050 Cumberland County, No. CIVIL-08-6985 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 January 16, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordi fly. V J G. Schmieg, Esquire 10 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail @fedphe.com Jason Seidman, Ext. 1394 Service Department January 8, 2009 Greig G. Altieri 9017 Red Branch Road, Suite 201 Columbia, MD 21045 Representing Lenders in Pennsylvania and New Jersey RE: GMAC Mortgage, LLC vs. Greig G. Altieri Premises Address: 305 Brook Meadow Drive, Mechanicsburg, PA 17050 Cumberland County, No. CIVIL-08-6985 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 January 16, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve truly yo Jason idma For EYaniel G. Esquire 10 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 Halli'Schmieg, LLP By: \I J Daniel G. Schmieg, Esquire Attorney for Plaintiff January 16, 2009 8 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 @fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC Court of Common Pleas Civil Division vs. Cumberland County No. CIVIL-08-6985 Greig G. Altieri 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 as indicated below by first class mail, postage prepaid, on the date listed below. Greig G. Altieri: 305 Brook Meadow Drive Mechanicsburg, PA 17050 9017 Red Branch Road, Suite 201 Columbia, MD 21045 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, Phelan Hallinan & Schmieg, LLP By: D . Schmieg, Esquire Date: January 16, 2009 Attorney for Plaintiff 9 t? ? Q is fit? CD A. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 ?15-561-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY GREIG G. ALTIERI : No. CIVIL-08-6985 Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. , LLP By: Date: Ian_l awl6, rrancis S. Hallinan , Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jcs, Svc Dept. File# 191776 v i m IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC VS. Greig G. Altieri Civil Division No. CIVIL-08-6985 JAN 2 2 20094 ORDER AND NOW, this 21tL day of "S zn%J U 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, Greig G. Altieri, by: 1. Posting of the premises: 305 Brook Meadow Drive, Mechanicsburg, PA 17050. 2. First class mail to Greig G. Altieri at the last known address, 9017 Red Branch Road, Suite 201, Columbia, MD 21045, and the mortgaged premises located at 305 Brook Meadow Drive, Mechanicsburg, PA 17050; and 3. Certified mail to Greig G. Altieri at the last known address, 9017 Red Branch Road, Suite 201, Columbia, MD 21045 and the mortgaged premises located at 305 Brook Meadow Drive, Mechanicsburg, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. B Cc: ?Greig G. Altieri 305 Brook Meadow Drive M hanicsburg, PA 17050 reig G. Altieri 9017 Red Branch Road, Suite 201 Columbia, MD 21045 PHS# 191776 Co?rEs r?c? 2 s , a LF) j_7 ht M e PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215_) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION GREIG G. ALTIERI Defendant(s) : CUMBERLAND COUNTY : NO. CIVIL-08-6985 AFFIDAVIT OF SERVICE OF COMPLAINT BY 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 GREIG G. ALTIERI at 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050 and 9017 RED BRANCH ROAD, SUITE 201, COLUMBIA, MD 21045 on FEBRUARY 5, 2009, in accordance with the Order of Court dated JANUARY 29, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Febru 5, 2009 UIRE Attorney for Plaintiff cr-A C r-n Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-700j) GMAC MORTGAGE, LLC Plaintiff VS. GREIG G. ALTIERI Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. CIVIL-08-6985 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: FFPhruary 5, 2009 P N L SCHMIEG, LLP /H7 n . ejf I/ I I rrancis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jcs, Svc Dept. File# 191776 C) ti .,o ri xW r ° ?V I1 A SHERIFF'S RETURN - REGULAR CASE NO: 2008-06985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS ALTIERI GREG G KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALTIERI GREIG G the DEFENDANT , at 0018:55 HOURS, on the 9th day of February-, 2009 at 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050 by handing to POSTED PURSUANT TO COURT ORDER AT 305 BROOK MEADOW DR, MECH. a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.90 6.00 10.00 R. Thomas Kline .00 43.90 02/11/2009 PHELAN HALLINAN & SCHMIEG By: day epu eri A. D. t"? tsar 1 `! 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (?15) 563-7000 GMAC MORTGAGE, LLC : Court Of Common Pleas VS. : Civil Division GREIG G. ALTIERI : CUMBERLAND County : No. CIVIL-08-6985 I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated JANUARY 29, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE. SF.NTINF,I. on FFBRi1ARY 13,E and C1JMRFRi AND LAW JOTJRNAI, on FFRRI 1ARY 13,x. 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 unsworn falsification to authorities. Francis S. Hallinan, Date: February 26, 2009 Jason Seidman Service Dept. PHS# 191776 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): February 13, 2009 COPY OF NOTICE OF PUBLICATION I 4d a ? v t d?3 U .- ?c ? P? ..+ Z, "5rk v:v6'Sv amx,b?na:m4;? .IY$?t?:.@??ur`.ti' 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 foregoing statement as to time, place and character of publication are e. GRIOPW Sworn to and subscribed before me this V? H AU?WaAIA dV HWO'ct aAA8U&UW Notary Public My commission expires: COMMONWEALTH OF PENNMNANIA NOTARIAL SEAL 1AM81 ANN HECKENGORN; Notary Public Camp Hill Boro., Cumberland County My Commission Expires January 27, 2010 'Y PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 Li Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 13 day of February, 2009 Notary NO SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commluion'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 February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. w CUMBERLAND LAW JOURNAL N077CZ OF AC77ON IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. CIVIL-08-6985 GMAC MORTGAGE, LLC vs. GREIG G. ALTIERI NOTICE TO GREIG G. ALTIERI: You are hereby notified that on NOVEMBER 26, 2008, Plaintiff, GMAC MORTGAGE, LLC, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Com- mon Pleas of CUMBERLAND County Pennsylvania, docketed to No. CIV- IL-08-6985. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 305 BROOK MEADOW DRIVE, MECHAN- ICSBURG, PA 17050 whereupon your property would be sold by the Sheriff of CUMBERLAND 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 Feb. 13 ,k rri 4-u Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC, MORTGAGE, LLC VS. GREIG G. ALTIERI 9017 RED BRANCH RD, STE 201 COLUMBIA, MD 21045-2112 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6985 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GREIG G. ALTIERI, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest -11/25/2008 to 03/18/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237.1, $155,027.12 $3,234.18 $158,261.30 dant e as shown above, d (2) ched. Daniel G. Schmieg, Esgytr Attorney for Plaintiff (( DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ,30,30 16 0?' 'SL PHS # 191776 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. GREIG G. ALTIERI Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6985 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GREIG G. ALTIERI is over 18 years of age and resides at 9017 RED BRANCH RD, STE 201, COLUMBIA, MD 21045-2112. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Z e Daniel G. Schmieg, E Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC V. Plaintiff GREIG G. ALTIERI Defendant(s) TO: GREIG G. ALTIERI 9017 RED BRANCH RD, STE 201 COLUMBIA, MD 21045-2112 DATE OF NOTICE: March 6, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-6985 CUMBERLAND COUA) I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 and County Bar Association South Bedford Street Carlisle, PA 17013 (717) 249-3166 / [?T SEIDMAN Assistant PHS # 191776 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC v Plaintiff GREIG G. ALTIERI Defendant(s) TO: GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-6985 CUMBERLAND COUNTY 141r, DATE OF NOTICE: March 6, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 and County Bar Association 3 South Bedford Street Carlisle, PA 17013 (717) 249-3166 / JAS?K SEIDMAN Le l Assistant PHS # 191776 ?? Q '??'' c? p?.a C% ?? [-? ? 'se's,. ? ? ^'C1 ?' N [: ?- eS-. ?-.- ? ? x?: Cl:. ? ?',? i,.} r:.r -Y , ? a (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. GREIG G. ALTIERI 9017 RED BRANCH RD, STE 201 COLUMBIA, MD 21045-2112 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-08-6985 Notice is given that a Judgment in the above captioned matter has been entered /?? 46a4zx By: 4)E+uTs' If you have any questions concerning this Duel G. Schmieg, Esqui$e / Attorney or Party Filing V 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 ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** against you on S/J3 /01 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). TO THE PROTHONOTARY: No. Issue writ of execution in the above matter: Amount Due Interest from 03/19/2009 - 09/02/2009 (per diem -$26.38 ) TOTAL $158,261.30 $4,431.84 and Cots $162,693.14 Note: Please attach description of property. DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban S tion 1617 John F. Kennedy Boulevaz , Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plai absence of a representative of the plaintiff at the Sheriff's Sale. The sale the event that a representative of the plaintiff is not present at the sale. It may not be sold in the t be postponed or stayed in 191776 COt? Oo co, ?, •et 0 (b " r? o y3 gib i? U ?y`Co 00 U 50 x A g r O W W ? N c ?, °?. o H c ;A w O? w o v, w ?? a LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter; said parc 1 being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southtem corner of 'The Brook Meadow Condominium', said corner being in common with the southw stern corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of- way line of Mulberry Drive; THENCE, along the northern right-of-way line of M berry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNIN said point of beginning, being the southeastern comer of Unit 23, as described herein, thence, along the southern wall of the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to apoint, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a d stance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degr s, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, Sou 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the s tine, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, long the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, or a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate containing Unit No. 23 of a seven (7) unit building in'The rook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the C ndominium documents as recorded in Book 715, Page 4681 in Cumberland County Re ords. The improvements thereon being known as No. 305 Brook Meadow Drive. TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterprises, Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738645. PREMISES BEING: 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050-3140 PARCEL NO. 38-21-0291-110.-U23 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COURT OF COT CIVIL DIVISI NO. CERTIFICATION N PLEAS DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is ?ttorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provis ons of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 falsification to authorities. Attorney for to unsworn , ESQUIRE I Defendant(s). CUMBERLAND COUNTY COURT OF COM ON PLEAS CIVIL DIVISION NO. CIVIL-08-6* AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 05 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREIG G. ALTIERI 305 BROOK MEADOW RIVE MECHANICSBURG, PA 117050-3140 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if add ess cannot be reasonably ascertained, plea a indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the Name Last Known Address (if address cannot be reasonably ascertained, ple a indicate) GMAC MORTGAGE, LLC V. Plaintiff, GREIG G. ALTIERI 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. 40 Name 6 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledO who has any interest in the property which may be affected by the sale: Name Last Known Address (if adess cannot be reasonably ascertained, ple a indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BROOKMEADOW HOMEOWNERS ASSOCIATION 305 BROOK MEADOW DRIVE MECHANICSBURG, P 17050-3140 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry So., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 3255 CAPE HORN ROAD RED LION, PA 17356-9074 I verify that the statements made in this affidavit are true and correct to he best of my personal knowledge or information and belief. I understand that false statements herei are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authoriti s. March 26, 2009 DATE G. SCHMIEG, Attorney for Plaintiff Wf* ? tea ?? .4 GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY No. CIVIL-08-698 March 26, 2009 TO: GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEI ED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD OT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 305 BROOK MEADOW DRIVE MEC CSBURG PA 17050-3140, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, t enforce the court judgment of $158.261.30 obtained by GMAC MORTGAGE, LLC (the mo gagee) against you. In the event the sale is continued, an announcement will be made at said sale in ompliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. i 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 so ask the Court to postpone the sale for good cause. j 3. You may also be able to stop the sale through other legal J 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 attorney.) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. i 1. If the Sheriffs Sale is not stopped, your property will be sold to the ighest 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 mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you wil 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 d #e is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring le al proceedings to evict you. 6. You may be entitled to a share of the money which was paid for yo house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be pai out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wro g) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting yo? home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 7E OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plai tiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. he sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFER CUMBERLAND COUNTY BAR ASSOCIATI( 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter; said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pe sylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southe tern corner of 'The Brook Meadow Condominium', said comer being in common with the southwe tern corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the no ern right-of- way Be of Mulberry Drive; THENCE, along the northern right-of-way line of M berry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a int, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 0 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 23, as described herein, thence, alo g the southern wall of the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, We for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Uni 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a di ce of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degre s, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the s e, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, ong the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, f r a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate containing Unit No. 23 of a seven (7) unit building in 'The Br k Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Co dommium documents as recorded in Book 715, Page 4681 in Cumberland County Rec rds. The improvements thereon being known as No. 305 Brook Meadow TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed rom Altied Enterprises, Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 2007 8645. PREMISES BEING: 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 1750-3140 PARCEL NO. 38-21-0291-110.-U23 OF TW MRAW M -1 ti- 53 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-6985 Ci*iI COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (?) From GREIG G. ALTIERI (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LE?AL DECRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of i GARNISHEE(S) as follows: I i and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee() is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any prop rty 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 s been added as a garnishee and is enjoined as above stated. Amount Due$158,261.30 L.L.$.50 LL Interest FROM 03/19/2009 - 09/02/2009 (PER DIEM - $26.38) - $4,431.84 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $224.90 Other Costs Plaintiff Paid Date: April 1, 2009 -Curtis R. Lo (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. I EN1 EDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 i. 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): June 17, 2009 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL-08-6985 GMAX MORTGAGE, LLC vs. GREIG G. ALTIERI NOTICE TO: GREIG G. ALTIERI NOT CE OF SHERIFF'S SALE OF REAL PROPERTY" ALL THAT following described lot of ground situate, lying and being in SILVER SPRING Township, County of CUMBERLAND Commonwealth of Pennsylvania, bounded and limited as follows, to wit: Your house (real estate) Mao BROOK MEADOW DRIVE, MECHANICSBURG. PA 17050 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 2 2009 at 10:00 AM, at the CUMBERLAND County Courthouse to enforce the Court Judgment of $158.261.30 obtained by, GMAX MORTGAGE. L-LX (the mortgagee), against your Prop. Sit in SILVER SPRING Township, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050 Improvements consist of residential property. Sold as the property of GREIG G. ALTIERI TERMS OF SALE: The purchaser at the sale must take ten (10%) percent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. Daniel Schmieg, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintif LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter; said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southeastern corner of'The Brook Meadow Condominium', said corner being in common with the southwestern corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of-way line of Mulberry Drive; THENCE, along the northern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 23, as described herein, thence, along the southern wall of the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate containing Unit No. 23 of a seven (7) unit building in 'The Brook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. TITLE IQ SAID PREMISES L5 VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterprises, Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738645. PREMISES BEING: 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050-3140 PARCEL NO. 38-21-0291-110.-U23 ,, Of-(KK 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): Tune 17, 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 foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this ?u? CND C,? Notary Public My commission expires: yyENiTti OF P SEAL Wo AMW NOTARIAL Public ? F?B?., Cun?e?? 2T, 2114 , ?,? Expires 3anua?y .L{ a 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 June 19, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Covnel Editor SWORN TO AND SUBSCRIBED before me this 19 day of June, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 t{ . CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. CIVIL-08-6985 GMAX MORTGAGE, LLC VS. GREIG G. ALTERI NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: GREIG G. ALTIERI ALL THAT following described lot of ground situate, lying and being in SILVER SPRING Township, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL, that certain unit, as occupy- ing the real estate as described here- after; said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southeastern corner of'The Brook Meadow Condominium', said corner being in common with the southwest- ern corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of- way line of Mulberry Drive; THENCE, along the northern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGIN- NING, said point of beginning, being the southeastern corner of Unit 23, as described herein, thence, along the southern wall of the herein de- scribed Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate contain- ing Unit No. 23 of a seven (7) unit building in 'The Brook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a mar- ried man, by Deed from Altieri En- terprises, Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738645. PREMISES BEING: 305 BROOK MEADOW DRIVE, MECHANICS- BURG, PA 17050-3140. PARCEL NO. 38-21-0291-110.- U23. Your house (real estate) at 305 BROOK MEADOW DRIVE, MECHAN- ICSBURG, PA 17050 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 2, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $158,261.30 obtained '4 , CUMBERLAND LAW JOURNAL by GMAX MORTGAGE, LLX (the mortgagee), against your Prop. Sit in SILVER SPRING Township, County of CUMBERLAND, and State of Penn- sylvania. Being Premises: 305 BROOK MEADOW DRIVE, MECHANICS- BURG, PA 17050. Improvements consist of residen- tial property. Sold as the property of GREIG G. ALTIERI. TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 June 19 4 !_D -, F('.- RL.f /'E-OF THE , r. =}` ,`TAPY 2B?l9 A£J13 -3 11(C: ti l l ? , Y%" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmi' Esgg., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., ld. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., I(f )lo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. CVO. 86657 Peter J. Mulcahy, hsg., 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 Courtenayy 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 215-563-7040 GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6985 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 GREIG G. ALTIERI on JUNE 8, 2009 at 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050 & 9017 RED BRANCH ROAD SUTIE 201, COLUMBIA, MD 21045 in accordance with the Order of Court dated JANUARY 29, 2009. The property was posted on JUNE 11, 2009. Publication was advertised in THE SENTINEL on JUNE 17, 2009 & in CUMBERLAND LAW JOURNAL on JUNE 19, 2009. 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. , LLP S. G. Lauren R. Tabas; Vivek Srivastava, Jay B. Jones Esq ?oldman, Esquire ' R. Dunn, Esquire Bramblett, Esquire Dated: July Attorneys for Plaintiff 7? , 2009 r ? r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC vs. Greig G. Altieri ORDER Civil Division No. CIVIL-08-6985 AND NOW, this 2474 "- day of , 2009, upon consideration of Plaintiffs Motion for Service Pursuant to Spec al Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. JAN 2 2 20090, It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Greig G. Altieri, by: 1. Posting of the premises: 305 Brook Meadow Drive, Mechanicsburg, PA 17050. 2. First class mail to Greig G. Altieri at the last known address, 9017 Red Branch Road, Suite 201, Columbia, MD 21045, and the mortgaged premises located at 305 Brook Meadow Drive, Mechanicsburg, PA 17050; and 3. Certified mail to Greig G. Altieri at the last known address, 9017 Red Branch Road, Suite 201, Columbia, MD 21045 and the mortgaged premises located at 305 Brook Meadow Drive, Mechanicsburg, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: Greig G. Altieri 305 Brook Meadow Drive Mechanicsburg, PA 17050 Greig G. Altieri 9017 Red Branch Road, Suite 201 Columbia, MD 21045 MULE COPY FROM RECORU to Tee _. -ty whrW. I h" Wft Sal fiat PHS# 191776' at , Ps, 2 ?' L'? T ; !-., " AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE, LIC, / No. CIVIL-08-6985 DEFENDANT(S) GREIG G. ALTIERI ACCT. #191776 **PLEASE POST PROPERTY WITHNOTICE OF SALE AS PER COURT ORDER*** Type of Action 305 BROOK MEADOW DRIVE - Notice of Sheriff's Sale MECHANICSBURG, PA 17050-3140 Sale Date: SEPTEMBER 2, 2009 n n SERVED Served and made known to Giro t & G-_ yl L'r I u. 1 , Defendant, on the 1 day of N F 200?, at 9:6.5 , o'clock AL.m., at 305 BRA M>3a_0wDA1*-, M CC# q Al le S R UP G- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. U Other: PQ5TF=b ?QD ?? WITH Nct tlr 6)(r S hz Description: Age Height Weight Race Sex Other I, _RQ& LQ D POST" Mp LA- , a competent adult, being duly sworn according to law, depose and state that I personally lauded a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. LKIMBERLY CUF`: Sworn to and subscribed TARY PUBL'' beforeme this 114h day OF Y ofuNk OOg on Expir h 7, 22 13`' / Nota& ..\ A.i PLEAWAULrMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: 1 / Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 q7 IRL 'a W 0 ox a O ? c~d U G4 ?Cd a Uwd ti a c W zdo eiJ: r £0 3003d[ZW0213Q3ltt/W 80 a q a'8 0 L08lwbQoD Q $ ` 4 'mod dye •? u W ? k 5 v° ? 2S q O U O O !? W C }9 _ C v1 C? O G £ a C r s a ( Z j a ? 9 O ? ?Y 1 & u T S M pa° ''a o U a W V w 0 '< C7?? C7(AiaN? C7 ?a e ?W ? a U z; z C7° C7a, ul U C7 Fa m .a 3 z ? q EI N M Ul ? m ? T s 7178 2417 6099 0029 6545 4 / JYP GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm UA fTED STATES Track & Confirm Search Results Page 1 of 1 Home I He Track & Confirm Label/Receipt Number: 7178 2417 6099 0029 6545 Class: First-Class Mail® Track & Conn Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 9:24 AM on July 2, 2009 in PHILADELPHIA, PA 19101. Detailed Results: • Delivered, July 02, 2009, 9:24 am, PHILADELPHIA, PA 19101 Unclaimed, June 26, 2009, 9:20 am, MECHANICSBURG, PA • Notice Left, June 10, 2009,10:12 am, MECHANICSBURG, PA 17050 Acceptance, June 08, 2009, 4:53 pm, PHILADELPHIA, PA 19102 Electronic Shipping Info Received, June 05, 2009 cation Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. i1ra ,? Return Receipt (Electronic) Verify who signed for your item by email. !t<a> 5.1tt.1009. C..u.St9CCl EAm.a G4Y. 3.01..As;q?. Q.afger..?. Af..Iyacy...P..41.IGX. Dums.(.).UVjw. Copyright@ 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ?using??C?`=tQme? Ga http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 7/31/2009 11111111111oil 1111111111 7178 2417 6099 0029 6538 4 / JYP GREIG G. ALTIERI 9017 RED BRANCH RD STE 201 COLUMBIA, MD 21045-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm j e + I f?; ;i! x r k ?r Page 1 of 1 Home I He Track & Confinn Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0029 6538 Track Confinn Class: First-Class Mail®° - - Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 9:24 AM on July 2, 2009 in PHILADELPHIA, PA 19101. Detailed Results: • Delivered, July 02, 2009, 9:24 am, PHILADELPHIA, PA 19101 • Unclaimed, June 24, 2009, 8:43 am, COLUMBIA, MD • Notice Left, June 10, 2009,12:58 pm, COLUMBIA, MD 21045 • Acceptance, June 08, 2009, 4:53 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, June 05, 2009 ° c tion Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. l„ I,o Return Receipt (Electronic) Verify who signed for your item by email. > 1 $tg.,Map. G.?LSS4JL. r,.$grYicg. F?CD]§. SoY't ??YL&gff. Q.gm q1q PriY._QtP_9JisY I?rm sL??e. O.u ?n?€.?. u tQm r. ? Copyright0 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 7/31/2009 FA Ry 2069 AUG --3 viii iu; ; i 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 Plaintiff V. GREIG G. ALTIERI ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-6985 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 26, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,9 2. Judgment was entered on March 23, 2009 in the amount of $158,261.30. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 2, 2009. 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 $148,573.44 Interest Through September 2, 2009 $11,972.77 Per Diem $27.98 Late Charges $689.64 Legal fees $1,325.00 Cost of Suit and Title $1,591.02 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $112.50 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $0.00 $164,359.37 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. Plaintiffs 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 July 21, 20109 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: rl - 22 - p g Phelan Halligan & Schmieg, LLP By: _ Lawrence T. Phel , Esquire Francis S. Halligan, 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 ATTORNEY FOR PLAINTIFF 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 Plaintiff V. GREIG G. ALTIERI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-6985 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GREIG G. ALTIERI 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 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050-3140. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22,24 (Pa.Supor. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s 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. Newtum 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 fill 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 Savinizs and Loan Association v. Street Road ShoppLm 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. Citicom v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I , 22-a°l? Phelan H & c LLP By: Lawrence T. P ielan, Esquire F 9cis S. Hallina ,Esquire ,..-B aniel 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 ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE.T. PHELAN, ESQ., LL No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMMO, 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 K 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 JAIMB MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 56377000 191776 GMAC MORTGAGE, LLC 1104 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. GREIG G. ALTMU 9017 RED BRANCH ROAD COLUMBIA. MD 21045 o c C ? o 0 a* x' c_ c, 'J w cn ? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM &iVI NO. 0j- lOQ& 5 CUMBERLAND COUNTY w co a? wli- Defendant 440 '"0,0 ? a p1 vr; !?V' CIVIL ACTION LAW R COMPLAINT IN MORTGAGE FORE JRF File *: 191776 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 IFEE. Lawyer Referral Service: CunAmiand County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File A 191776 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: GREIG G. ALTIERI 9017 RED BRANCH ROAD COLUMBIA, MD 21045 who is/am the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/20t20071mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., D AS A NOMINEE FOR 1ST MARINER BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200738646. The PLAINTIFF is now the legal owner of the mortgage an4 is in the process of formalizing an assignment of same. The mortgage grid assipment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and intend upon said mortgage due 08/01/2008 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. M #- 191776 6. The following amounts are due on the mortgage: Principal Balance $148,573.44 Interest $4,170.39 07/01/2008 through 11/24/2008 (Per Diem $28.37) Attorney's Foes $1,325.00 Cumulative Late Charges $197.04 07/20/2007 to 11/24/2008 Property Inspections $11.25 Cost of Suit and Title Search $750.00 Subtotal $155,027.12 Escrow credit $0.00 Deficit $0.00 Subtotal TOTAL $155,027.12 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 wdCing 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) hasthave received a discharge of personal liability in a bw&mptcy 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 #: 191776 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been seat to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage pmnises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an In ram Judgment against the Defendant(s) in the sum of $155,027.12, together with interest from 11/24/2008 at the rate of $28.37 per than to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and male of the mortgaged property. PHELAN HALLINAN & SCf1MIEG, LLP ........?.., "%J4 FRANCES S. HALLIIVAN, DANIEL G. SCHMIEG, ESQ vWCHELE 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 #: 191776 LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter, said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southeastern corner of The Brook Meadow Condominium', said corner being in common with the southwestem corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of-way line of Mulberry Drive; THENCE, along the northern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 23, as described herein, thence, along the southern wall of the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degt+ees,10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds But, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feat to a point; the POINT OF BEGINNING. File #: 191776 BEING the real estate containing Unit No. 23 of a seven (7) unit building in The Brook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. Parcel ID No.38-21-0291-110-U23 PROPERTY BEING: 305 BROOK MEADOW DRIVE File M: 191776 VERMCATION I hereby states that I am the attorney for the 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: 11 IN Id I.p.6984T Fib A: 191776 Exhibit "B" Phelan Hallinaa & Schmieg, LLP By: Daniel O. Schmieg, Esquire ldentific?iion No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ITTOWEV COPY Attorney for Plaintiff 215-563 7000 PLEASE GMAC. MORTGAGE, LLC vs. ; GREIG G. ALTEM . 9017 RED BRANCH RD, WE 201 COLUMBIA, MD 21045-2112 PRAECEM FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSES JUM OF DAMAGES MORNEYIFU COPY TO THE PROTHONOTARY: PLEASE.RMORN 0 2 ?i N CA) -tr O C5 g;R Kiadly.ent judgment in favor of the Plaintiff and:agamst GREIG G.-AL, ... . Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days om service thereof and for foreclosure and sale of the mortgaged premises, and assess plaintiffs damages as follows: 'As set forth in Complaint Interest -11/25/2008 to 03/18/2009 TOTAL hereby certify that (1). the addresses of the Defen that notice has-been given in accordance with Rule 237. 1. $155,027.12 S3 "34•? $158;261,30 as shown abo e, (2) ?y alti hed.y VTORNEY FK.E CW Daniel G. Schnireg, E PLEASE RETMN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHs 0 191776 PRO PROTHY CUMBERLAND COUNTY SI: ?S COURT OF COMMON PL?, ' CIVIL DIVISION. No. CIV 1,0&4"5 Exhibit "C" y-' r if £ 0 46 4 3000 &!Z WOa? 0311" 04084 VU z0 •- 6 OZ •?0 S 531M011131i1? ?? • a 0 PC V 8 O wl a AI 00 4 ? v , Q ? ro i U ? p I z a U ti a ae q a zeo O a a as 'U w w .I I O d w Qk V 0 M a w a a G? G7 a° a a 4 N N 0 N U F 0 a w a w a 04 04 W 0 o? ??Nyy w a Q G7 G7 a c? a a ~IN Im II- I, 1o Ir- 1.0 10, 1° 1= IN- I-- I- I-- 3 lT 5 .g gi A V O O •a° V u ,??' a •52 Est x 6 U W w u v c ? S ? w o°oq?a V p u ? p p .l7 N H W C 's a FS a n a°w z$ o? z? ;T 4 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. 464904 relating to the unsworn falsification of authorities. DATE: Ph 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF 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 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, 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 Plaintiff V. GREIG G. ALTIERI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-6985 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. GREIG G. ALTIERI 9017 RED BRANCH RD STE 201 COLUMBIA, MD 21045-2112 GREIG G. ALTIERI 12904 FOLLY QUARTER RD ELLICOTT CITY, MD 21042-1242 GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 GREIG G. ALTIERI 6 124TH ST APT B OCEAN CITY, MD 21842-2309 Phelan H4fiffa-h-&-ch eg, LLP DATE: '7 --22-0 By: % Lawrence T. Phelah, squire Francis S. Hallinar4 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. Brambllett, Esquire ATTORNEY FOR' PLAINTIFF FILED F THE 2009 AUG -4 #M 9.53 UNTY PENNSYLVANIA AUG 0 5'2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GREIG G. ALTIERI No. CIVIL-08-6985 Defendant RULE AND NOW, this day of 6,3 N 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. W- Vlq 2-1 J 2,, s ? ` e?J ?5 a?dC1 Rule Returnable *b° dau of 2009, at in_t?e?La C , BY THE COURT V 11--? G, J T. Wcslcl er fir, 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 / r GREIG G. ALTIERI 9017 RED BRANCH RD STE 201 COLUMBIA, MD 21045-2112 GREIG G. ALTIERI 12904 FOLLY QUARTER RD ELLICOTT CITY, MD 21042-1242 l:0 6SMO&LLL 8 ?`a9 fGREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 /GREIG G. ALTIERI 6 124TH ST APT B OCEAN CITY, MD 21842-2309 191776 "Apy ?( , IF' ?! 9 ;LO' -n Pfl 2: 06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. GREIG G. ALTIERI Defendant(s) CIVIL DIVISION . No. CIVIL-08-6985 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 attached hereto Exhibit "A". Date: ,LjTa-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 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 # 191776 o w sA ?x 0 T 9y??y O''o Vo b b O O? m w w U a w, o n C ? H a n a Up8 ?? A dOO VA °?• 8 r 6 a ? U O S. G'b ce A K r. c o. % w N d OJ' r?? G1 t9 3 *ot?n C?wn ?n w p?s0 ~ b? Q?' b ? ? ? ??n b ar oGO? ,'? O ? :r ?. N cu co 9 ? o ? ro ? O uw?"A?o? ?d? oM ? ,a ? g r ,? p7?c ? rr5 ? pNq r-+ I" t9 ro W g r- 0 r ° N 9 1 y42??p10 ?' ,?,p FR(AA l p? O '° o 75 c ? ?z ? Q b n? r .71O j 2,009 - 19103 R FiLt.i1.., r. ..F r- TI tr 1U69 AUG -6 Ph 9: 6-4 lkf _ y E IL 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 Plaintiff V. GREIG G. ALTIERI ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County Defendant No. CIVIL-08-6985 CERTIFICATION OF SERVICE 1 1. I hereby certify that a true and correct copy of the Rule dated August 6, 2009 was sent to the following individual on the date indicated below. GREIG G. ALTIERI 9017 RED BRANCH RD STE 201 COLUMBIA, MD 21045-2112 GREIG G. ALTIERI 12904 FOLLY QUARTER RD ELLICOTT CITY, MD 21042-1242 GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 GREIG G. ALTIERI 6 124TH ST APT B OCEAN CITY, MD 21842-2309 Phelan Hallinan & Schmieg, LLP DATE: 9-A 7 10? By: a ence 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 ATTORNEY FOR PLAINTIFF ?,;?-Ql?cCE OE THE MTHIC)NOTARY 2099 AUG 18 AM 10: 5 4 CvMF311:: ; ;UNI PENNS','l VAINIA 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 Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GREIG G. ALTIERI Defendant No. CIVIL-08-6985 PRAF.C'.IPF, TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 4, 2009 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: By: Lvrence 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 ATTORNEY FOR PLAINTIFF 40 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 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. GREIG G. ALTIERI CUMBERLAND County Defendant No. CIVIL-08-6985 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. GREIG G. ALTIERI 9017 RED BRANCH RD, STE 201 COLUMBIA, MD 21045-2112 GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 GREIG G. ALTIERI 12904 FOLLY QUARTER RD ELLICOTT CITY, MD 21042-1242 GREIG G. ALTIERI 6 124TH ST, APT B OCEAN CITY, MD 21842-2309 Phelan Hallinan & Schmieg, LLP DATE: By: (-;?f? awrence 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 ATTORNEY FOR PLAINTIFF iJ'i OF THE P ,,, , , ?TI1`ipy 2009 SEP 10 Art, 10. 09 p_A`ii ,,,l ; , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 1 ST day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6985, at the suit of GMAC MTG LLC against GREIG G ALTIERI is duly recorded as Instrument Number 200933421. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 01 A.D. 024" of Deeds sc? suit W [),;A3, Gumbara W County. Caftig, PA My Con mssion Ex0as Ow Fsat Monday of Jan. 2010 Sheriffs Office of Cumberland County R Thomas Kline Sheri t (1? -? a r.^ v of Ronny g Anderson n Chief Dejputy ?(!? c Jody S Smith r`.7 p1 . Civil Process Sergeant OFFIc6 _F.k?k? Edward ? Schorpp Solicitor' GM?C Mortgage, LLC s. Case Number Greg G Altieri 2008-6985 SHERIFF'S RETURN OF SERVICE 06/20/009 01:25 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1318 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 Greig G. Altieri, located at, 305 Brook Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 07/13/009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant(s) to wit: Greig G. Altieri, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Greig G. Altieri, Defendant does not reside at address provided, Mortgaged premises is currentyly occupied by tenant of Greig G. Altieri, but said tenant does not know defendant's whereabouts. 09/02/009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Federal Home Loan Mortgage Corporation, of, 5000 Piano Parkway, Carrollton, TX, 75010, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1414.45 SHERIFF COST: $1,114.45 ? i ©J? ?h9 44September 08, 2009 SO ANSWERS, R THOMAS KLIN ,SHERIFF c. 131??i GMAC MORTGAGE, LLC • Plaintiff, td v. GREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6985 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050-3140. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 'None 555. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) (None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division !Internal Revenue Service Federated Investors Tower Department of Public Welfare !TPL Casualty Unit Estate Recovery Program BROOKMEADOW HOMEOWNERS ASSOCIATION 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 3255 CAPE HORN ROAD RED LION, PA 17356-9074 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 unworn falsification to authorities. March 26, 2009 ATE DAN L G. SCHMIEG, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY No. CIVIL-08-6985 March 26, 2009 TO: GREIG G. ALTIERI 305 BROOK MEADOW DRIVE MECHANICSBURG, PA 17050-3140 "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 JBANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA YTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 7050-3140 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $158,261.30 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., kule 3129.3. NOTICE OF OWNER'S RIGHTS XOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff-, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This $chedule will state who will be receiving that money. The money will be paid out in accordance with This schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act ilmmediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold sence of a representative of the plaintiff at the Sheriff's Sale. The sale must be ,,d or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter; said parcel being located in !the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEG=G, at a point, said point being referenced from an iron pipe at the southeastern corner of 'The rook Meadow Condominium', said corner being in common with the southwestern corner of the G nger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of- way line of Mulberry Drive; THENCE, along the northern right-of-way line of Mulberry Drive, Sout 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leavi said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seco ids West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point of bei ng, being the southeastern corner of Unit 23, as described herein, thence, along the southern wall o the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 4.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to is point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate containing Unit No. 23 of a seven (7) unit building in 'The Brook Meadow Co?dominium% as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. TITLE 10 SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterpr1ses, Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738645. PREMISES BEING: 305 BROOK MEADOW DRIVE, MECHANICSBURG, PA 17050-3140 PARC L NO. 38-21-0291-110.-U23 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-6985 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From GREIG G. ALTIERI (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DECRIPTION. (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$158,261.30 L.L.$.50 LL Interest FROM 03/19/2009 - 09/02/2009 (PER DIEM - $26.38) - $4,431.84 AND COSTS Atty's Comm % Atty Paid $224.90 Plaintiff Paid Date: April 1, 2009 (Seal) Due Prothy $2.00 Other Costs is R. Lo nota By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 305 Brook Meadow Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: (1? / Real Estate Coordinator ?vJ J C L - ijdV iiu0 " ?/ - - C 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: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 7 da of Au st, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 3 Writ No. 2008-6985 Civil GMAC Mortgage, LLC vs. Greig G Altieri Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL, that certain unit, as occupy- ing the real estate as described here- after; said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING, at a point, said point being referenced from an iron pipe at the southeastern corner of `The Brook Meadow Condominium', said corner being in con with the south- western corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of- way line of Mulberry Drive; THENCE, along the northern right- of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 23, as described here- in, thence, along the southern wall of the herein described Unit 23, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 22, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate contain- ing Unit No. 23 of a seven (7) unit building in `The Brook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, Page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a mar- ried man, by Deed from Altieri En- terprises, Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738645. PREMISES BEING: 305 BROOK MEADOW DRIVE, MECHANICS- BURG, PA 17050-3140. PARCEL NO. 38-21-0291-1 10.- U23. PROPERTY ADDRESS: 305 Brook Meadow Drive, Mechanicsburg, PA 1 -- The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latriot 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 MisceNlaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07131/09 .......... Sworn to and subscribed before me this 14 day of August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLV Nika Notarial Seal ?w Sherns L Kiiver, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Nnlarief^ 08/07/09 Sale No. 3 Writ No. 20084985 Civil Term GMAC Mortgage, LLC va. Greig G Altieri Atty. Daniel Schmieg LEGAL DESCRIPTION ALL, that certain unit, as occupying the real estate as described hereafter; said parcel being located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, described as follows, BEGINNING, at a point, said point being referenced from an iron pipe at the southeastern corner of 'The Brook Meadow Condominium', said comer being in con with the southwestern corner of the Ginger Fields, single family subdivision, Lot 75, said point also lying on the northern right-of- way line of Mulberry Drive: THENCE, along the northern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1241.58 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of- way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 45.83 feet to a point, the POINT OF BEGINNING, said point' of beginning, being the southeastern corner of Unit 23, as described herein, thence, along the southern wall of the herein described Unit 23. South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wall of the herein described Unit 23 and the common wall with Unit 21 North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along the herein described Unit 23, North 49 degrees, 50 minutes, 00 seconds East. for a distance of 19.17 feet to a point; thence, along the same, South 40 degrees, 10 minutes. 00 seconds East, for a distance of 1.33 feet to a Point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of' 4.83 feet to a point; thence, along the same and the common wall with Unit 24, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. BEING the real estate containing Unit No. 23 of a seven (7) unit building in 'The Brook Meadow Condominium', as recorded in Plan Book 80, Page 132 and as described in the Condominium documents as recorded in Book 715, page 4681 in Cumberland County Records. The improvements thereon being known as No. 305 Brook Meadow Drive. TIME TO SAID PREMISES IS VESTED IN Greig G. Alfieri , a married man, by Deed from Alfieri Enterprises. Inc., dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738645. PREMISES BEING: 305 BROOK MEADOW DRIVE. MECHANICSBURG, PA 17050-3140 PARCEL NO. 38-21-0291-1 10.-U23 PROPERTY ADDRESS: 305 Brook Meadow Drive, Mechanicsburg, PA 17050