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HomeMy WebLinkAbout08-7378Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 193984 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff GREIG G. ALTIERI 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03-73'18 0,iv4 Tem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 193984 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 #: 193984 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 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 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, INCORPORATED 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. 200738644. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the mortgage is attached as Exhibit "A". 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 09/01/2008 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 #: 193984 6. The following amounts are due on the mortgage: Principal Balance $146,460.07 Interest $3,915.80 08/01/2008 through 12/18/2008 (Per Diem $27.97) Attorney's Fees $1,325.00 Cumulative Late Charges $145.83 07/20/2007 to 12/18/2008 Property Inspections $11.25 Cost of Suit and Title Search 750.00 Subtotal $152,607.95 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $152,607.95 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 193984 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,607.95, together with interest from 12/18/2008 at the rate of $27.97 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. & SCHMIEG, LLP 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, Esquire9333-7 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 193984 This Instrument Prepared By: 3301 T TT • 6T ¦• I Unitbrm Parcel Identifier Nurnber:3E - a I- OD Cl ) -' ) () -- uay Property Address: 304 BROOK MEADOW DRIVE MECHANICSBURG, PENNSYLVANIA 17050 (Space Above This Line For Recording Darel MORTGAGE MIN. 100222507000030953 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 20, 2007 , together with all Riders to this document. (B) "Borrower" is GRE I G G. ALT I ER I SOLE OWNER Borrower is the mortgagor under this Security Instrument. (C) "MERS11 is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a noutinee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. PENNSYLVANIA--Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS Form 3039 01/01 Page 1 of 17 DOCN80C dT%VW 1L 800649-1387 www.docnmgk.com P,JU39.n¢," 12112/2008 11:44:45 AM CUMBERLAND COUNTY Inst.# 200738644 - Page 1 of 25 (D) "Lender" is 1ST MARINER BANK Lender is a MARYLAND BANKING CORPORATION organized and existing under the laws of MARYLAND Lender's address is 3301 BOSTON STREET, BALTIMORE, MARYLAND 21224 (E) "Note" means the promissory note signed by Borrower and dated JULY 20, 2007 The Note states that Borrower owes Leader ONE HUNDRED FORTY-EIGHT THOUSAND AND 00/100 Dollars (U.S. $ 148,000,00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security lnsaument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicablej: Q Adjustable Rate Rider Q Planned Unit Development Rider Q Balloon Rider Q Biweekly Payment Rider ® 1-4 Fancily Rider [) Second Home Rider ® Condominium Rider n Other(s) [specify[ (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (,) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3, (Nn "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or PENNSYLVANIA--Single Family Fannie Mae?Freddie Mac UNIFORM INSTRUMENT - MERSw 9com Form 3039 01101 Page 2 o1 17 P.-VW aw" 12112/2008 11:44:45 AM CUMBERLAND COUNTY Inst.# 200738644 - Paae 2 of 25 destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND IType of Recording Jurisdiction) IName of Recording Jurisdiction) SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". which currently has the address of 304 BROOK MEADOW DRIVE (Street) MECHANICSBURG Pennsylvania 17050 ("Property Address"): Icily( Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument m the "Property ." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose PENNSYLVANIA--Single Family DotMayiC dFuma eoo-ea9•raea Fannie Mae/Fraddie Mae UNIFORM INSTRUMENT . MERS H,ryw ??9? eonr Form 3039 01/01 Page 3 of 17 PoYU9.m n V a> 4or4o1')nna 44-AA•AC. AAA ri u,AaFai ANn rni INTV Inst.# 2DO738644 • Paae 3 of 25 EXHIBIT A 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 comer of "The Brook Meadow Condominium", said corner being in common with the southwestern comer 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 1217.58 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 43.83 fect to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern comer of Unit 24, as described herein, thence, along the southern wall of the herein described Unit 24, South 49 degrees, 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the western wail of the herein described Unit 24 and the common wall with Unit 23, 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 24, 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 25, 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. 24 of a seven (7) unit building in "The Brook Meadow Condominium", as recorded in Plan Bonk 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. 304 Brook Meadow Drive. Parcel ID No. 38-21-0291-110-U24 1 TWz" ru: CENTRAL PROPERTY SEARCH, INC 91 AWN AVENUE,,', .: in .RISTOWN. PA 7 X, 1211200011 11.44.45 AM rUMBERLAND COUNTY Inst.# 200738644 - Paqe 4 of 25 and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for erawnbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demande, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniformcovenarus with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shalt be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Now and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scbeduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower nukes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Imtrulneut. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shalt be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may PENNSYLVANIA--Single Family Doca/ag C t7%V = 800-64 9-1 361 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doon?agJc.eanl Form 3039 01/01 Page 4 of 17 Fnk;?v maa, 12/12/2008 11;44:45 AM (:1IMRFRI ANTI rOl INTY Inct # 7nn7'APA44 - Parr. 5 of 75 be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and essessme im and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rem on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assemments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such tirne period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 13 and, upon such revocation, Borrower shall pay to Leger all Funds, and in such amounts, that are then required udder this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RE.SPA. ]ender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. ff there is a surplus of Funds held in escrow, as defined un dcr RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of PENNSYLVANIA- Single Family DoeMayic Man= eo0-9e9.13e2 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT, MERS www.dloemagk.com Form 3039 01101 Page 5 of 17 Yx7039.n= 19/19/9nnR 11.44.46 AM rilMRFR1.ANO COUNTY Inst.# 200738644 - Pape 6 of 25 Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rent; on the Property: if any, and Community Association Dues, Fees, and Assessmems, if any. To the extent that there items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security inarunent. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, 5, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This incurs= shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shat t be chosen by Borrower subject to Lender's right to disapprove Borrower's choice. which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost o€ insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an nil r Maee/grad /Freddie e a ra annnie UNIFORM INSTRUMENT - MERS DOCAfSOc erJ4p == 800449-1362 F ac Form 3039 01 /01 Pape 6 of 17 www.doan+tglc.coro 12/12/2008 11:44:45 AM CUMBERLAND COUNTY tnst.# 20073OW - Paqe 7 of 25 additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in it series of progress payments as the work is completed. Unless an agreement is nrade in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required io pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, it any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient PENNSYLVANIA--Single Family Doeabyie WWMW 800.6494962 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.afocmagk.com Form 3039 01101 Pape 7 of 17 '1 PAX3v xuai 12/1212008 11:44:45 AM CUMBERLAND COUNTY InstS 200736644 - Page 8 of 25 to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sum,,, secured by a lien which has priority over this Security Imttument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the, Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not Invited to, entering the Property to snake repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument L4 on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premium,,, for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Inm%rance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payment.,, that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these paymenLe as a non-refundable loss reserve in lieu of Mortgage Insurance. Such toss reserve shall be non-refundable, PENNSYLVANIA--Single Family DOCMiQIC tVWVW 804649-7962 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MFRS www.docmagk.com Form 3039 01101 Pave 8 of 17 tr 12/1212008 11:44:45 AM CUMBERLAND COUNTY Inst.# 200738644 - Page 9 of 25 notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage insurance. If Lender required Mortgage Insurance as a condition of malting the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Inswance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note, Mortgage insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur it Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may cuter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agrdernents may require the mortgage insurer to make payments using any source of kncLq that the mortgage insurer tnay have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender, any purchaser of the Notre, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1948 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage ltnsuranoe, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair arid restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertakenpromptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security PENNSYLVANIA--SinOta Family DOCUMVIC 9Pftn= Wo ell. F362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT . MERS www.dbcmask.com Form 3039 01/01 Page 9 of 17 Paw39.nww ,/ .t 1211212008 11:44:45 AM CUMBERLAND COUNTY Inst.# 200738844 - Paqe 10 of 25 Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured itmediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing, the action or proceeding to be dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shalt not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bom)wer's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security PENNSYLVANIA--Single Family D4DCUOWC 4%%V" *00.049- f302 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doemeyk.com Form 3039 01!01 Page 10 of 17 1211212008 11:44:45 AM Ct1MRFRl AND COUNTY Inst.# 200738644 • Peas 11 of 25 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to rmortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is Dot personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to wch release in writing. The covenants and agreements of this Security I.nstrtunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower night have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given w Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires odrerwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any nod" in connection with this Security Instrument shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrurent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security PENNSYLVANIA--Single Family AocMegie 4wbnm JWAWV-1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doemagao.amn Form 3038 01101 Page 11 of 17 4*1 4 1•W>y..;-. 17n717nnt1 11.44.45 AM (d IMRFRI ANn t:01JNTY InstA 200738644 - Page 12 of 25 Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a BeneRdal Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of; (a) five days before sale of the Property pursuant to any power of sale contained in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security lnsaument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by lender: (a) cash; (b) money order-, (c) certified check, bank check, treasurer's cluck or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale or Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will slate the name and address of the new Loan Servicer, the address to which payments should be made and any other PENNSYLVANIA--Single Family DoCMagft tVbVZM 800-6,69- r362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www,dbcnwgic.com Form 3039 01/01 Pape 12 of 17 Px303A.U7ttn 12/12!2008 11:44:45 AM CUMBERLAND COUNTY Inst.# 20073(3644 - Pace 13 of 25 information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which trust elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 Mail be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means fxicrdl laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, usc, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency orprivate party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediadon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under PENNSYLVANIA--Single Family DocMagie gVbvmw aoo-e49-rse2 Fannie Mao/Freddie Mac UNIFORM INSTRUMENT • MERS www.4*amagk.com Form 3039 01/01 Page 13 of 17 IOWA PAX19'r.a )1 17117i7nnA 11 •Ad-4r, Ann ri IMRFRi ANn rnl INTY Ind 9 7nn73Afi44 . Pane 14 of 7..5 Section 18 units Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cared; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert to the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require Immediate payment in fall of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA--Single Family DocMay/c t%r= W 00p449-1302 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.docrosyk.com Form 3039 01101 Page 14 of 17 .'ter ?•,?„?,?.?K ?; P003Auzm 171170(inA 11.44.4E AM r..I IIURFRI ANn r .ni INTY Inaf * ?nn73PA44 - Pane 15 of 75 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witness: _ (Seal) -Borrower - (Seal) -Borrower 7- Wit=-": - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower PENNSYLVANIA--Single Family DocMspfC tV%ffM BW449 1382 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doenUW*.ean Form 3039 01 /01 Page 15 of 17 P.3039.nv 12/17/?n0A 11.44.45 AM r.1IMRFRI ANr1 r ni 1NTY InRf # 21`1073M44 - Paos 16 of 25 (Space Below This Line For Acknowledgmentl CQM*tffl1WEXMVOF PENNSYLVANIA ) SS: COUNTY OF On this the -Zday ofQ before mr. 6xald c?) ' the undersigned officer, personally appeared GREIG G. ALTIERI known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within inArwnent and acknowledged that he/she/they executed the same for the purposm therein contained. in witness whereof, I hereunto set my hand and official seals. Q.?'(PRY P(i?,<? Col.' SON r MY 0 (Notary's Stamp and Embosser) My h71e74.A- PENNSYLVANIA--Single Family Dowavct% olm eoo•e49.1362 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS www.d0vM&v1e.eom Form 3038 01/01 Page le of 17 .W R eq? 1711717110 11.44.45 AM CUMBERLAND COUNTY Inst.# 200738844 - Page 17 of 26 Certificate of Reddence of Mor-Urn The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within insttumant; and (ii) Mortgagee's precise residence is: P.0 BOX 2026, FLINT MI 48501 Witness my hand this day of Signature of M gagee &AWrtgaget's Duly Authorized Attorney or Agent Type or Tint Name of Mortgagee or Mortgagee's Duly Authorized Attorney or Agent PENNSYLVANIA--Single Fam1v DDCMNWC 9G0-609-7362 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS www.doernagio-com Form 3039 01 /01 Page 17 of 17 1183034.nol. 11i1oionM 11•nn•nl; Ana (IIhAMPPI ANn r.r)l INTY Innt#200738644 - Pace 18 of 25 Loan Number: 211964 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 2 0 th day of JULY, 2 0 0 7 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust: or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to 1ST MARINER BANK, A MARYLAND BANKING CORPORATION (the "Lender') of the same date and covering the Property described in the Security Instrument and located at: 304 BROOK MEADOW DRIVE, MECHANICSBURG, PENNSYLVANIA 17050 [Properly Addressl 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in comiection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacemerim and additions thereto, shall be deemed to be and remain a pan of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property. " B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrowershallnotseek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any goventntental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance; is required by Section 5. MULTISTATE 1-4 FAMILY RIDER OOCMapic dV%W W 800-649 1362 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT www.doennyie.com Form 3170 1/01 Page 1 of 3 M43, 70.w 19117nnnA 11.44-AS ARA r.1 IURFRI ANn roi im V Inst.# 200738644 - Pam 19 of 25 E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits nude in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Leader's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security lnctrutnent is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents' of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of /tents constitutes an absolute assignment and not an assignment for additional security only. If Leader gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the runts secured by the Security instrument; (ii) Leader shall be entitled to collect and rec eive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default MULTISTATE 1-4 FAMILY RIDER DocKa9/c 4ftVas 800.649.1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.docmagic.com Form 3170 1/01 Page 2 of 3 Usanuxid 12/12/2008 11:44:45 AM CUMBERLAND COUNTY Instl 200738644 - Paoe 20 of 25 or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. k4d) Wer (Seal) -Borrower - (Seal) -Borrower (Seal) -Borrower _ (seal) (Seal) -Borrower -Borrower MULTISTATE 1.4 FAMILY RIDER DoeMaVC4VkVVM OW-049-r3e2 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.docm&gic.com Form 3170 1101 Page 3 of 3 063110.de 17r1,w)nnR 11-AA-AF &%A r.1 IRARFat ANn rnl JNTY Inst* 900738644 - Paoe 21 of 25 Loan Number: 211964 CONDOMINIUM RIDER THIS CONDOMINIUM RIDER is made this 2 0th day of JULY, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to 1ST MARINER BANK, A MARYLAND BANKING CORPORATION (the "[.ender") of the same date and covering the Property described in the Security Instrument and located at: 304 BROOK MEADOW DRIVE, MECHANICSBURG, PENNSYLVANIA 17050 IPropeny Addressi The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: BROOK MEADOW INarne of Condominium Pmjectl (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its- members or shareholders, the Property also includes Borrower's interest in the Owners Association and the user, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenant% and agreements trade in the Security lustrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursntant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. MULTISTATE CONDOMINIUM RIDER oocMagCCgt= 9fs aoo-eas r3s2 Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.doenagic.com Form 3140 1/01 Page t of 3 i!.s11 W.rid 19t1?i?nnA I s as a5 Ann 0 IMRFRI Ann r:ni iNTr InstA 200738644 - Paae 22 of 25 Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by die master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument. whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to i?tsure that the Owners Association maintains a public liability insurance policy acceptable in form, a?nOU?it. and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking oran or any pan of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional ?nnagement and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public: liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assess?nettts when due, then Lender may pay them. Any amount.-, disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. MULTISTATE CONDOMINIUM RIDER _ 000W le4%%nVY ee0.049-1302 Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.doenwWc.com Form 3140 1/01 Page 2 of 3 Us3140.nd 1111'1/onna 11-AA-d5 AhA [:I IMRFRI ANn (ni INTY Inst.# 200738644 - Paqe 23 of 25 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Condominium Rider. GREIG TIE I -Bor?wer -Bo owe) (Seal) -Borrower (Seal) Borrower (Seal) -Borrower -- (Seal) -Borrower MULTISTATE CONDOMINIUM RIDER D0*MaVkdVGV== aoc.e45-1342 Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.dacmeyk.com Form 3140 1/01 Page 3 of 3 U-a:au..:a iwi,)tinnu l i en•A5 ARA r.1 IMFFRI ANn mi INTY Inst.# 200738644 - Paae 24 of 25 i 4 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 1217.58 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 43.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 24, as described herein, thence, along the southern wall of the herein described Unit 24, 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 24 and the common wall with Unit 23, 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 24, 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 25, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. File #: 193984 BEING the real estate containing Unit No. 24 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. PROPERTY BEING;. 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT 24 Parcel ID No. 38-21-0291-110-U24 File #: 193984 VERIFICATION I hereby state 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 falsifica DATE:I 2 i Lo File #: 193994 7 ti xJ SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07378 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS ALTIERI GREIG 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 304 BROOK MEADOW DRIVE ALTIERI GREIG G NOT FOUND , as to MRCHANICSBURG, PA 17050-3140 THIS IS A RENTAL PROPERTY - OWNER, ALTIERI DOES NOT LIVE HERE. TRNANT PAYS RENT TO ALTIERI ENTERPRISES. Sheriff's Costs: So answers Docketing 18.00 Service 9.00 Affidavit .00 R. Thomas _ine Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 42.00 PHELAN HALLINAN & SCHMIEG 12/30/2008 Sworn and Subscribed to before me this day of A. D. ? c ??? ? ? "' i ? ? ° ?? ?_•. , . t.:' ; : i _,- ,"? ?*?,. s:. '::cam PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. GREIG G. ALTIERI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7378 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: 1f f . Francis S. Hallinan, Esquire Date: 1/6/09 PHS #: 193984 c -? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. GREIG G. ALTIERI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7378 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GREIG G. ALTIERI 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:'? Francis S. Hallinan, Esquire Date: 1/6/09 A - ?a VERIFICATION Jeffrey Stephan i-ted S?.i?sOf Officer. hereby states that he/she is of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?Ub Loan:0601853777 File #: 193984 Title: Jeffrey Stephan 1knited Signing Officer Company: GMAC MORTGAGE, LLC r '} Zc `> 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. 08-7378 CIVIL TERM 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, 15255 Ridge Hunt Drive, Woodbine, MD 21797 and mortgaged premises, 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050, posting of the mortgaged premises, 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, 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, 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, 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. 3 9. Plaintiff submits that it has made a good faith effort to locate the Defendant, Greig G. Altieri, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallin try Schmieg, LLP By: Danie G. Schmieg, Esqui Attorneys for Plaintiff March 2, 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 GMAC Mortgage, LLC vs. Greig G. Altieri Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-7378 CIVIL TERM 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, LLP By: 1====:1Z v Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: March 2, 2009 7 Exhibit "A" SHERIFF'S RETURN - NOT FOUND "-- CASE NO: 2008-07378 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS ALTIERI GREIG 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 304 BROOK MEADOW DRIVE , ALTIERI GREIG G NOT FOUND , as to MECHANICSBURG, PA 17050-3140 THIS IS A RENTAL PROPERTY - OWNER, ALTIERI DOES NOT LIVE HERE. TENANT PAYS RENT TO ALTIERI ENTERPRISES. " Sheriff's Costs: So answers* - = --- ,- Docketing 18.00 -' Service 9.00 -? Affidavit .00 R. Thomas Itline Surcharge 10.00 Sheriff of Cumb erland County Not Found 5.00 42.00 PHELAN HALLINAN & SCHMIEG 12/30/2008 Sworn and Subscribed to before me this day of , A. D. Exhibit "B" AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 193984 DEFENDANT GREIG G. ALTIERI SERVE GREIG G. ALTIERI AT: 9017 RED BRANCH ROAD COLUMBIA, MD 21045 TEAM4/ ics COURT TERM: COURT NO.: 08-7378 CIVIL TERM 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: By: NOT SERVED On the day of ?a ??UAt?t 200-j-, at 1L. /-<O'clock. M., Defendant NOT FOUND because: ,.( Moved - Bad Address - No Answer _ Other: Sworn to and subscribed before m his day of By 220000 Notary: X Vacant One Penn Center at Suburban Station 1617 John F. Kennedy Blvd Suite 1400 Philadelphia, PA 19103-1813 (215) 563-7000 John F. Figuregion Jr. Notary Pub#c State o f Maryland My Commission' L5xpires October 19, 2010 `sw.. t ??:. Exhibit "C" .(eS 0 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 193984 DEFENDANT TEAM4/ ics GREIG G. ALTIERI COURT TERM: COURT NO.: 08-7378 CIVIL TERM SERVE GREIG G. ALTIERI AT: TYPE OF ACTION 12904 FOLLY QUARTER ROAD XX Mortgage Foreclosure ELLICOTT CITY, MD 21042 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: By: NOT SERVED On the day of , 200 , at g o'clock. M., Defendant NOT FOUND because: Moved - Bad Address _ No Answer - Vacant Other: t J0?5.t/ 1-6 1, the J-ere- Sworn to and subsc 'bed Of fore mgthy Notary: By: Ai LAINTIFF W4*ftHM1EG,ESQMRE I.D.#62205 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 John P. PYgufnobn Jr. Notary Public 8t4te o t Maryland My Commiaamn Lxp/roa October 19, 2010 ^k s., .? ??' Exhibit "D" fl- S AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 193984 DEFENDANT TEAM4/ ics GREIG G. ALTIERI COURT TERM: COURT NO.: 08-7378 CIVIL TERM SERVE GREIG G. ALTIERI AT: TYPE OF ACTION 15255 RIDGE HUNT DRIVE XX Mortgage Foreclosure WOODBINE, MD 21797-8030 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, `?Q?dl(?JId , 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: NOT SERVED bebe thecause:Imo"' day of dAA&M , 2 , at SS(locko. M., Defendant NOT FOUND -Moved Bad Address No Answer _ Vacant Other: 12 V g L G/j P4 //'374 V&A P" rf /d 9 6) 7 rSworn to and subs?cay before this !?of 0. ,_ dBy: Notary: ORNEY FOR PLAINTIFF j / One Penn Center at Suburban Station V 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19183-1814 (215) 563-7000 John F. >lrguracion Jr Notary Pubtlc Uete OF Msrytand My Commission Expires October 19, 2010 Exhibit "E" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 193984 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Greig G. Altieri Property Address: 304 Brook Meadow Drive, Mechanicsburg, PA 17050 Possible Mailing Address: 9017 Red Branch Road, Columbia, MD 21045 15255 Ridge Hunt Drive, Woodbine, MD 21797 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. Alfieri - 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. Alfieri reside(s) at 12904 Folly Quarter Road, Ellicott City, MD 21042. Il. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Greig G. Alfieri work (s) at: 9017 Red Branch Road, Columbia, MD 21045. On 12-16-M our office made several telephone calls to the subjects phone number (410) 715-4500 and received the following information: answering machine. B. On 12-16-08 our office made a telephone call to the phone number (000) 0364072 and received the following information: disconnected. On 12-16-08 our office made a telephone call to the phone number (410) 531-2775 and received the following information: wrong number. On 12-16-08 our office made a telephone call to the phone number (410) 442-1025 and received the following information: wrong number. 111. INQUIRY OF NEIGHBORS On 12-16-08 our office made a phone call in an attempt to contact Ed Wagschal (410) 715-0900,9017 Red Branch Road, Suite 105, Columbia, MD 21045: spoke with an unidentified female who could not confirm that the subject reside(s) at 9017 Red Branch Road, Columbia, MD 21045. On 12-16-08 our office made several phone calls in an attempt to contact Athelas Institute (410) 730-8236 9020 Red Branch Road, Columbia, MD 21045: no answer. On 12-16-08 our office made a phone call in an attempt to contact All Financial Services Inc Mortgages (410) 740-9840,9030 Red Branch Road, Ste 200, Columbia, MD 21045: spoke with an unidentified male who could not confirm that the subject reside(s) at 9017 Red Branch Road, Columbia, h1D 21045. On 12-16-08 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 12-16-08 our office made a phone call in an attempt to contact Pamela L. Healy (717) 766-5635,303 Brook Meadow Dri%-e, Mechanicsburg, PA 17050: disconnected. On 12-16-08 our office made several phone calls in an attempt to contact Kate A. Muir (717) 766-6431, 500 Brook Meadow Drive, Mechanicsburg, PA 17050: answering machine. On 12-16-08 our office made several phone calls in an attempt to contact Todd Letellier (410) 489-6025, 15254 Ridge Hunt Drive, Woodbine, MD 21797: answering machine. On 12-16-08 our office made several phone calls in an attempt to contact Jeff Beeson (410) 489-0109, 15258 Ridge Hunt Drive, Woodbine, MD 21797: answering machine. On 12-16-W our office made several phone calls in an attempt to contact Christopher M. Baloga (410) 489-2764,15259 Ridge Hunt Drive, Woodbine, MD 21797: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-16-08 we reviewed the National Address database and found the following information: Greig G. Alfieri - 9017 Red Branch Road, Suite 201, Columbia, MD 21045. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 9017 Red Branch Road, Columbia, MD 21045 & 15255 Ridge Hunt Drive, Woodbine, MD 21797. 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 12-16-08 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. Sec. relating to un^swwo?rn alsificatio to authorities. ? AFFIANT - Brendan Booth COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Full Spectrum Services, lnc. THOMAS P. STRAIN, Notary Public City of Philadelphia, Phila. County Sworn to and subscribed before me this ]bah day of December 2008. Commisslon Expires Februmy4, 2010 The aixwe information is obtained from available public records and %%v are onl.• liable for the cost of the affidavit. IND Exhibit "F" O ? b ro V ,O O ? o b? o h , CL. H a ii L Q y "0 d G ? O 1 1 d s30 L6 L MOO dIZ WONA 031IVW E ° E C p 'E V 60OZ OZ 83d 0L08 0 000 N p N ° 77A WlZO OOZ?ZQ ? .4 r C 531119 A3A d ??• eC ° Q { y \\\ }h5' `, Q U C O U C Q v ? a?'a ' N 3 0 00 0 5 o n .? ? k N W w a ` _-! y .N. C'i • R y ' On '' 7 U y E O ? ? : Ba a v? . c . -? ca on - > o °?o co W E..1 - E Yom, U w N a ?? .??E?o H E•oH ca Q C E 3 >' a b Cd rn o O N Q y ? ? a b c ? ?o M ,p o ? E aw 3 a > ' b ? A > A i? 3 -• ? a0 h 5 N FI W O N ° Q .?G Q b 'G? v a a ? o ?? ?• 'sue o ao ? en ? z z C7 M C7 •--1 F- a .0 E ?t * c ' dz * W; 0 E N ev r, ? ?n ?o t? oo a o N z ? C J F^ 0. ri H 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 February 20, 2009 cow` Representing Lenders in Pennsylvania and New Jersey Greig G. Altieri 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24 Mechanicsburg, PA 17050 RE: GMAC Mortgage, LLC vs. Greig G. Altieri Premises Address: 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050 Cumberland County, No. 08-7378 CIVIL TERM 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 March 2, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel 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 Representing Lenders in Pennsylvania and New Jersey February 20, 2009 Greig G. Altieri 15255 Ridge Hunt Drive Woodbine, MD 21797 RE: GMAC Mortgage, LLC vs. Greig G. Altieri Premises Address: 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050 Cumberland County, No. 08-7378 CIVIL TERM 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 March 2, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, 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 By: liamei li. Ncnmieg, tsquire Attorney for Plaintiff March 2, 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. 08-7378 CIVIL TERM 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: 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050 15255 Ridge Hunt Drive Woodbine, MD 21797 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 Date: March 2, 2009 9 Attorney for Plaintiff C3 `'"' ?`, ter.: ??. ? ?' G? '_` ` A ` ( ,? ?' .? ? l J (? 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 715-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. GREIG G. ALTIERI Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-7378 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 2, 2009 p HMIEG, LLP By: FraJ-1 17 ncis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jcs, Svc Dept. File# 193984 a - mow: ? Dbi w o ,?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC VS. Greig G. Altieri Civil Division No. 08-7378 CIVIL TERM MAR 0A 200 4 ORDER AND NOW, this day of r? er J?% , 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: 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050. 2. First class mail to Greig G. Altieri at the last known address, 15255 Ridge Hunt Drive, Woodbine, MD 21797, and the mortgaged premises located at 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050; and 3. Certified mail to Greig G. Altieri at the last known address, 15255 Ridge Hunt Drive, Woodbine, MD 21797 and the mortgaged premises located at 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. Cc: ZGreig G. Altieri 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050 /5255 Ridge Hunt Drive, Woodbine, MD 21797 PHS4 193984 ?dpt:? S rn 2 3s? }. 1- VINVAMN3d kNno',? Fiv,y1 91 *-8 NV S- v1Z AWIM?Wdd . -40 3?I.?lC3 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 Q 15) 561-7000 GMAC MORTGAGE, LLC Plaintiff vs. GREIG G. ALTIERI ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s) CUMBERLAND COUNTY NO. 08-7378 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT RVMATT PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Foreclosure in the above captioned matter was sent by regular and certified mail, return eceipt requested, to the following persons GREIG G. ALTIERI at 304 BROOK MEADO DRIVE A/K/A 304 BROOK MEADOW DRIVE, UNIT 24, MECHANICSBURG, PA 170 0 and 15255 RIDGE HUNT DRIVE, WOODBINE, MD 21797 on MARCH 10. 2009, in accordance with the Order of Court dated MARCH 4, 2009. The undersigned understands that t ' statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification t authorities. Date: M rrccb 110,E v / - FRANCIS S. Ll? Attorney for Plaintiff C? N n t : ? 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. 08-7378 CIVIL TERM Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference the above captioned matter. LLP Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: Marsh 1 n 7009 /jcs, Svc Dept. File# 193984 O C t-- CL U N Sheriffs Office of Cumberland County R Thomas Kline Edward L Schorpp Sheri :+d Solicitor Ronny R Anderson Jody S Smith Chief Deputy ` Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 10:50 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 1050 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Greig G. Allied, pursuant to order of court by posting the premises located at 304 Brook Meadow Drive, Unit 24, Mechanicsburg, Cumberland County, Pennsylvania with a true and correct copy according to law. SHERIFF COST: $37.90 (PAID) SO ANSWERS, March 16, 2009 R THOMAS KLINE, SHERIFF 2008-7378 GMAC Mortgage, LLC VS Greig G. Altieri By Deputy Sheriff CA,' Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Iallinan, 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 vs. GREIG G. ALTIERI : Court Of Common Pleas Civil Division : CUMBERLAND County : No. 08-7378 CIVIL TERM I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated MARCH 4, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE SFNTINTEL on MARCH 16,2009 and C'1 JMBFRI AND LAW JOI JRNAI , on MARCH ?0, ?009. 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. S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF Date: April 1, 2009 AHS# 193984 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): March 16, 2009 COPY OF NOTICE OF PUBLICATION Ding to the NCAA tourn, NOTICE OF AC11t for the eighth consecutl IN THE COURT OF COMMON Plon, only the Panthers ha ;r gone in like this. GMAC MORTGAGE, LLC )P-seeded - and well-rem Vs. GREIG G. ALTIERI bePanthers(28-4)wereon d-done in the Big East tou anent for only the second tit ice 2001. Losing to West V1 To GREtG G. ALTIERI: iia in the quarterfinals di" event them from being the t You are hereby notified that on ?- a in the East regional, cre2 Foreclosure Complaint endorse with a No ' CUMBERLAND CountyPennsylvar", " a first-rouOd matchu' v4 the mortgage secured on your pproperty ioca t .lessee state (23-10) DRIVE, UNIT 24, MECHANIC SBURG, PA ? CUMBERLAND County. tyton on ftiday. You are hereby notified to plead to the above if they will, the Panthers m pubocation or a Judgment will be entered a4y the Oklahoma State (22 Tennessee (21-12) winner' mday. Should they keep?wi if you wish to detend, you must enter a written a be Xavier, v W in writing with the court. You are warned thang, it might maybe entered against you without further r va, Duke -or, again, form property or other rights' important to you. YOU SHOULD TAKE TENS NOTICE TO YOUFtt coach Ben HOWISM4 +al TELEPHONE THE OFFICE SET FORTH BE,LA, which eliminated Pitt ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYlegional semifinal tWO Yel INFORMATION ABOUT AGENCIES THAT ?. D. REDUCED FEE OR NO FEE. definitely have a tou LA4cket9" guard Brad Warn CUMBERL;?ker said Sunday. "It'll b 32 `ugh game every night, no e: Imes, so we just have to p; 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 Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA NO?ARIAL SEAL BAMBI ANN Hit KENDORN; NOWY PubNc Camp Hil Cumberland Counlty My Commission E IreS Janua 27, 2 10 .or 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 March 20, 2009 T Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 20 day of March, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 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. i CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-7378 CIVIL TERM GMAC MORTGAGE, LLC VS. GREIG G. ALTIERI NOTICE TO GREIG G. ALTIERI: You are hereby notified that on DECEMBER 19, 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. 08- 7378 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE, UNIT 24, MECHANICSBURG, 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 Mar. 20 RLED-OF I OF THE PPO)WONI OTARV 2809 APR -z AM 9: 5 3 CumbEi-ll'LJY'Z COUNTY PENNMA n 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. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS GREIG G. ALTIERI CIVIL DIVISION 304 BROOK MEADOW DRIVE, AWA 304 BROOK MEADOW DR UNIT 24 No. 08-7378 CIVIL TERM MECHANICSBURG, PA 17050-3140 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 $152,607.95 Interest - 12/19/2008 to 04/21/2009 $3,468.28 TOTAL $156,076.23 I hereby certify that (1) the addresses of the Defendant(s) are as shown ab ve, and (2) that notice has been given in accordance with Rule 237.1, copy attached. j' Daniel G. Schmie , squire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 42! - - .. L--Z- I ell 17 PHS # 193984 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. 08-7378 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or 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 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT 24, MECHANICSBURG, PA 17050-3140. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmi 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 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 304 BROOK MEADOW DRIVE, A!K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 ATTORNEY FOR PLATIvruk COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-7378 CIVIL TERM CUMBERLAND COUNTY DATE OF NOTICE: April 10, 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Fiinn)(-1k AA r L. McAnney Legal Assistant PHS # 193984 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 GREIG G. ALTIERI Defendant(s) TO: GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797-8030 DATE OF NOTICE: April 10, 2009 ATTORNEY FOR PI„ A1N*F COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-7378 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (k"o2u '. g ni6lrinife-r L. McAnney Legal Assistant PHS 9 193984 RLE ; , r ?E 2 0 0 9 APsi 23 F} 2: 2"' U, N4 NiTY (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. GREIG G. ALTIERI 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7378 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on WZ-W By: Zo. -DE-Pffft' If you have any questions concerning this matter ple a contact- * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Daniel G. Schmieg, squire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. No. 08-7378 CIVIL TERM GREIG G. ALTIERI Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $156,076.23 Interest from 4/22/2009-9/2/2009 $3,485.34 (per diem -$26.01) TOTAL $159,561.57 Note: Please attach description of property. DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 193984 O W? o? U w? ? w aw w d a d ? ?' ,7 r O ?` pit o W G Q, d ? ? w w a x' U Ta iJ•w c- a r N w A O O p t p, n C7 w u A 1 aft 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'&grees; 50 minutes; 00 seconds West, for a distance of 1217.58 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 43.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 24, as described herein, thence, along the southern Wall of the herein described Unit 24, 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 24 and the common wall with Unit 23, North 40 degrees, 10 minutes, 00 seconds West, for a distance ef40.00 feet to a point; thence, continuing along the herein described Unit 24, 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 25, 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. 24 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. UPI # 38-21-029 1-1 10-UZ4 CONTOL # 00512722 TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterprises, Inc., a Maryland Corporation, dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738643. PREMISES BEING: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140 r- FILED- -iCE r)f: THE ,^ ,?{^!T;RY 7099 HAY 21 A i 10: L; 6 C? + ?i `7Yt?r j ;Jhl 4%;W.a6 1101.00 3.40 78.5o 10. 00 10.00 14. oo 01.50 8 40 ?cL A4. CBF to of .. {1 PD AWY 01. oo Coe Co •5oiL K:"'m -- .?? 5Y'll6 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 COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7378 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage (X ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SIEG, ESQUIRE Attorney for Plain l OF 1 1 ", 1 1 C1 IG? V 4 i Y 2009 MAY 21 N 10: 4 6 if %.. GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7378 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 304 BROOK MEADOW DRIVEA/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None # - -5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 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 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24 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 unsworn falsificyauthorities. May 19, 2009 \ DATE DANIEL G. SCHMI QUIRE Attorney for Plaintiff FILED 2i"109 MAY 21 AN 10: 4 b Gt1$?? .. t ' sv r GMAC MORTGAGE, LLC Plaintiff, V. GREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY No. 08-7378 CIVIL TERM May 19, 2009 TO: GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY" Your house (real estate) at, 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140, 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 $156,076.23 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call:- (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL, that certain 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 1217.58 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 43.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 24, as described herein, thence, along the southern wall of the herein described Unit 24, 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 24 and the common wall with Unit 23, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing ;Tong the herein described Unit 24, 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 25, 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. 24 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. UPI # 38-21-0291-110-U24 CONTOL # 00512722 TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterprises, Inc., a Maryland Corporation, dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738643. PREMISES BEING: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-7378 CIVIL TERM GMAC MORTGAGE, LLC VS. GREIG G. ALTIERI owners of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140 UPI # 38-21-0291-110-U24 CONTOL # 00512722 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire FILE L-1-, 2009 KJAY 2- 1 Ai'l 10: 47 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7378 Civil 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 DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $156,076.23 L.L. $.50 Interest from 4/22/09 - 9/02/09 (per diem - $26.01) -- $3,485.34 Atty's Comm % Due Prothy $2.00 Atty Paid $218.90 Plaintiff Paid Date: 5/21/09 Other Costs Curtis R. L4Proth (Se al) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG By: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manama, 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 25, 2009 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7378 CIVIL TERM GMAC 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) at 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE. UNIT 24, MECHANICSBURG. PA 17050-3140 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 2 2009 at 10:OOAM., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $156.076.23 obtained by, GMAC MORTGAGE. LLC (the mortgagee), against your Prop. sit. in SILVER SPRING Township, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE, UNIT 24, MECHANICSBURG, PA 17050-3140 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 Plaintiff 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 1217.58 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 43.83 feetto a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 24, as described herein, thence, along the southern wall of the herein described Unit 24, 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 24 and the common wall with Unit 23, 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 24, 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 25, 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. 24 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. UPI # 38-21-0291-110-U24 CONTAL # 00512722 TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterprises, Inc., a Maryland Corporation, dated 07/20/2007, recorded 10105/2007 in Instrument Number 200738643. PREMISES BEING: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050.3140 11 ,I)f 737 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 25, 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 pu lication are true. 0 Sworn to and subscribed before me this a M i A? (flVJUJVtAJ Notary Public My commission expires: NW nLTM OF PENNS_rLVAkm NOTARIAL SAL 8A1BI ANN HECKENflORK, Notary Pubk COW HM18m., Cumbsdv4 County Commilo n Expires January 27, 261(_ SLI O? 1 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 July 3, 2009 -7 M- - - L,?sa Marie Coyne, E )X or SWORN TO AND SUBSCRIBED before me this 3 day of July, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 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. f I CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 08-7378 GMAC MORTGAGE, LLC vs. GREIG G. ALTIERI 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 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 1217.58 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 43.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 24, as described here- in, thence, along the southern wall of the herein described Unit 24, 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 24 and the common wall with Unit 23, 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 24, 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 25, 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. 24 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. UPI # 38-21-0291-110-U24 CON- TOL # 00512722. TITLE TO SAID PREMISES IS VESTED IN Greig G. Altieri, a mar- ried man, by Deed from Altieri En- terprises, Inc., a Maryland Corpora- tion, dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738643. PREMISES BEING: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHAN- ICSBURG, PA 17050-3140. Your house (real estate) at 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE, UNIT 24, MECHANICSBURG, PA 17050-3140 is scheduled to be sold at the Sher- iffs Sale on SEPTEMBER 2, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the CUMBERLAND LAW JOURNAL Court Judgment of $156,076.23 ob- tained by, GMAC MORTGAGE, LLC (the mortgagee), against your Prop. sit. in SILVER SPRING Township, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE, UNIT 24, ME- CHANICSBURG, PA 17050-3140. 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 July 3 OF THE -3 10:31 C 1 'i? it Phelan Hallinan & Schmiew LLP Lawrence T. Phelan, Esq., ld. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esgg., Id. No. 62205 Michele M. Bradford, Es ., Id. No. 69849 Judith T. Romano, Esq.,1-d. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., Id X10. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. No. 86657 Peter J. Mulcahy, hsq., 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 215-563-70U0 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. GREIG G. ALTIERI CIVIL DIVISION NO. 08-7378 Defendant(s). . 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 15, 2009 at 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140 & 15255 RIDGE HUNT DRIVE, WOODBINE, MD 21797 in accordance with the Order of Court dated MARCH 4, 2009. The property was posted on JUNE 17, 2009. Publication was advertised in THE SENTINEL on JUNE 25, 2009 & in CUMBERLAND LAW JOURNAL on JULY 3, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsificatiovfo)authorities. AN & Daniel G. Schmie ,' Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Yu 1 R. Shah-Jani, Esquire R. Davey, Esquire R. Tabas, Esquire(?-?3 "] Vivek Srivastava, Esquire Jay B. Jones, Esquire Joshua I. G Courtenayy Andrew C. P. Dated: Attorneys for Plaintiff July3f,2009 IN THE COURT OF COMM, ON PLEAS 4 , CUMBERLAND COUNTYY, PENNSYLVANIA ` GMAC Mortgage, LLC Civil Division vs. No. 08-7378 CIVIL TERM Greig G. Altieri ; ORDER AND NOW, this day of /V?w c4 , 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 fixture pleadings on Defendant, Greig G. Altieri, by: 1. Posting of the premises: 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050. 2. First class mail to Greig G. Altieri at the last known address, 15255 Ridge Hunt Drive, Woodbine, MD 21797, and the mortgaged premises located at 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050; and 3. Certified mail to Greig G. Altieri at the last known address, 15255 Ridge Hunt Drive, Woodbine, MD 21797 and the mortgaged premises located at 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: r J. Cc: Greig G. Altieri 304 Brook Meadow Drive a/k/a 304 Brook Meadow Drive, Unit 24, Mechanicsburg, PA 17050 15255 Ridge Hunt Drive, Woodbine, MD 2179 PHS# 193984 2 RIT, G`+??O? ?Y Ss? 7 I two ur!!:? r "I" my h" ,? . t !J4' y 1 a ` Court 8P C t`js a; 1418L,? 7 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) GREIG G. ALTIERI ***PLEASE POST PROPERTY /NOTICE OF SALE, PER COURT ORDER ** * 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24 MECHANICSBURG, PA 17050-3140 CUMBERLAND COUNTY No. 08-7378 CML TERM phs. #193984 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to (;?Rf t G G . Aur F-a 1 Defendant, on the (?- day of J&iL-, 2004, at & 10 o'clockt.m, at I_&,ftl1 M gfti Q (.1?t11 Fz [,/( N l?(/?l? -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 sa'd Defendant(s)'s company. ?i other: OS7 R e?I_ c? ?o rlcf Of- SgCE Description: Age Height Weight Race Sex Other tbSTRD Imided I,7?/-1a (i/t 6 L.L , a competent adult, being duly sworn according to law, depose and state that I personally 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. KIMBERLY CURTY Sworn to and subsc 'bed NOTARY PUBLIC be for me this y STATE OF NEW J of , Z00 ComPOlaion ExpireP?7 rc'? °'t' ? %???? Notary: L A"fiTJi.Pr T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day , 200_, at o'clock _. m., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: / I Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2"d Attempt: / 1 Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 b\Q OP W f T 1 ???W f 41, N r?r3r ?rI s ?n *^ Q lJ y. . tc? Lf) ?`?, P C? O e Q o? v air - ?o r A U ?Np 0!?a 00 .? y N ,a t y ? 5 y Cq w 1 _ .a ?ooa ? ? A G d 43 ? ? d 5 ? 8 N v Li ? UJ ? G ''? d Q N O V O g ?: P HS' m ? u?. y O a d W Y 1^, y U a =o 6 a o 7 v x ? Ya f o rn r p9 10 r- d - M a? d? pz N « 7178 2417 6099 0030 0709 4 / JJN GREIG G. ALTIERI 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm STATES MAMU SERWEs Home I H_e Confine Track & Confirm Search flesufts Label/Receipt Number: 7178 2417 6099 0030 0709 Class: First-Class MailO Track & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Unclaimed Your item was returned to the sender on July 1, 2009 because it was not claimed by the addressee. Detailed Results: • Unclaimed, July 01, 2009, 8:18 am, MECHANICSBURG, PA • Notice Left, June 17, 2009, 10:26 am, MECHANICSBURG, PA 17050 ¦ Acceptance, June 15,2009,5:02 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, June 15, 2009 tion Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. tie> Return Receipt (Electronic) Verify who signed for your item by email. s $Ae_MaP GustQm0r..$g.rVJ.r' F9tmi G4.Y.'t._$. !Yi e. ;^AE@M RILm5"y._a9ky. T rm 4L?lse Copyright0 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Page 1 of 1 Ou?ine.??_.??.stQroer Cze? http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=7... 7/31/2009 7178 2417 6099 0030 0693 4/JJN GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm * 7 ? +fr Page 1 of I Home I tit Track & Confirm Truck & Confirm Search Resutte Label/Receipt Number: 7178 2417 6099 0030 0693 Class: First-Class MailO Service(s): Return Receipt Electronic Status: Delivered Track & (;oWu t Enter Label/Receipt Number. Your item was delivered at 9:31 AM on June 30, 2009 in PHILADELPHIA, PA 19101. Detailed Results: • Delivered, June 30, 2009, 9:31 am, PHILADELPHIA, PA 19101 • Moved, Left no Address, June 27, 2009, 9:23 am, WOODBINE, MD • Undeliverable as Addressed, June 27, 2009, 9:23 am, WOODBINE, MD 21797 • Notice Left, June 17, 2009,11:24 am, WOODBINE, MD 21797 • Arrival at Unit, June 17, 2009, 9:28 am, WOODBINE, MD 21797 • Acceptance, June 15, 2009, 5:02 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, June 15, 2009 Nwif%Cation Optiorm Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Return Receipt (Electronic) Verify who signed for your item by email. S..ite map G.?d. St?mer $.?!1Ik Eormi Q_Qy 4._$geb'0gq G re..f. . Copyright(? 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA pLiY?.?y_.P_4i.iGY. T.g[tn.?._9t_llse O,e?ingSS..?e?t4_me_r,_Czr?? http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=7... 7/31/2009 OF TF _ ?iTARN' 2001, AU -3 A i:-. 31 4 GMAC MORTGAGE, LLC VS. GREIG G. ALTIERI : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-7378 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: 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: / Lawrence T. Phelan, Esq., Id. No.32-2-r Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judi h T. Romano, Esq., Id. No. 58745 Sh tal R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 auren 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 Attorneys for Plaintiff P? oQ?a?ZWo o a W° is 60?? Z , ?'?ttst,a?''' M a d z. O p a .^ a d A o ? a x •s o o d N N C- cn ' ? 'Z O E.., r r' ? O A e d += W j U o p o ° ??? aTS w e. CD O,,o a 1 Ss ?o o? C7 0 `n '? ? TQ a 4 Ua ? ? ?, ? ? U ? 3 O w0 C4 WLL? o pd ?V5N S O W x u dds 3 a V. d o? d JA2' d W2^?U?U 3cf' ?? ? ? cn _ OcCX? d?Wuw a W?O? ??GA WoW U ?p.(a4. z QUrU VD i n "C c .n V1 L d G 3 ? rn :C Q ?7 d r r N cn ' d w? Da?? u r T U'? $ '25 E ? E ? C c o 6`o u q?UU? ? ? U N > O '? U q V O u p ?o Hobw M w C H .? K C O?ufN a. o N ?°?7HOL Q oho rn ? M w0 rn A ? 0 U d QO t7 ? v x? U N? O f+ • N pa 1_ A:f , 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. 08-7378 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 19, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on April 23, 2009 in the amount of $156,076.23. 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. 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 $146,460.07 Interest Through September 2, 2009 $10,963.34 Per Diem $27.59 Late Charges $583.32 Legal fees $1,325.00 Cost of Suit and Title $1,883.38 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $101.25 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 $161,411.36 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 7, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: &(t By: - - awrence 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 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 Defendant CUMBERLAND County No. 08-7378 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. 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 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT 24, 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 Mortgagee Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortg e 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. Cionaoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" N m Q R M Lz-' t?i rl 0 r n i-.•. CJ M 7-T C ? j V Ti ]. c =D .., 5 Phelan Hallinan & Schmic& LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hal inan, 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 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 193984 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS 1100 VIRGINIA DRIVE P.O. BOX 8300 CIVIL DIVISION FORT WASHINGTON, PA 19034 TERM Plaintiff ?? V. NO. LA -7378 avit Tem CUMBERLAND COUNTY GREIG G. ALTIERI 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 Defendant eDVJ b WIN MORTGAGE FORECLOSU w"V? .J • ;°r' ,EASE. RJR '?.. File N: 193984 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 #: 193994 t 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 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 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, INCORPORATED 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. 200738644. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the mortgage is attached as Exhibit "A". 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 09/01/2008 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 *: 1939M 6. The following amounts are due on the mortgage: Principal Balance $146,460.07 interest $3,915.80 08/01/2008 through 12/18/2008 (Per Diem $27.97) Attorney's Fees $1,325.00 Cumulative Late Charges $145.83 07/20/2007 to 12/18/2008 Property Inspections $11.25 Cost of Suit and Title Search $750.00 Subtotal $152,607.95 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $152,607.95 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 iR 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. Fite M 193984 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. WHEREFORE, PLA]NTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,607.95, together with interest from 12/18/2008 at the rate of $27.97 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. n & SCHMIEG, LLP jAwre?fce T. Phelan, Esqunpe( `- Francis S. Hallinan, Esquire Daniel G. Schmie& Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, EsquireQ3337 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 193984 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 1217.58 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 43.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern comer of Unit 24, as described herein, thence, along the southern wall of the herein described Unit 24, 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 24 and the common wall with Unit 23, 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 24, 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 25, South 40 degrees, 10 minutes, 00 seconds East, for a distance of 38.67 feet to a point; the POINT OF BEGINNING. Pik N: 193994 BEING the real estate containing Unit No. 24 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. PROPERTY BEING, 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT 24 Parcel ID No. 38-21-0291-110-U24 Pik #: 193994 VEIRMCATION .Ieffroy Stephan c hereby states that he/she is of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his4w 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 unswom falsification to authorities. ::?-? DATE: Title: 3effrey Stephan Limited Signing Officer '00001? Company: GMAC MORTGAGE, LLC Loan: File #; 193994 1 r Exhibit "B" 0. 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. n Attorney for Plaintiff CUMBERLAND COUNTf r COURT OF COMMON PLS : GREIG G. ALTIERI CIVIL DIVISION 304 BROOK MEADOW DRIVE, A/K/A 304 BROOK MEADOW DR UNIT : No. 08-7378 CIVIL TERM MECHANICSBURG, PA INK 0-314 . ?? l PRAECIPE FOR IN RE 1FDRa„AILURE TO ANSWER AND ASEES 'OF . D GES TO THE PROTHONOTARY: N a q 1.0 -u W N N w 'fit 0 r7 ?3 ti} Kindly enter judgment in favor of the Plaintiff and against GREIG G..AALTIERI, 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 Plaintiffs damages as follows: As set forth in Complaint $152,607.95 Interest -12/19/2008 to 04/21/2009 $3,468.28 TOTAL $156,076.23 I hereby certify that (1) the addresses of the Defendant(s) are as shown a e, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Schmie , squire ?. Attorney for Plaintiff .....gipp ? DAMAGES ARE HEREBY ASSESSED AS GATED. DATE: PHS N 193994 PRO PROTHY A 91 Exhibit "C" Q ? v ,A. W N ? p ?O 00 ?1 O? to A w N ? tz? x x x x ? W W W W ? 0?0 0?0 000 g A A A A CT' N G? G1 4"1 N G? A a s a a s 8 ? ?, C1 Cr7 C:7 Cr1 C? A A O A 1A to -4 A to ro 0 vw O ? d ?hA z ? x Lft ta W 0 ? 70 ?d O g p ? ao O O a O ? A W°w? O t? A g y O ,? C.w O.? n W yay 8???p tyi R p ? "' fn o N O .co ° as r ga.w Pos1' ? , ? 0 0 Y ° ?• ? ? $ 01. + 1M 02 10 ° 0004218010 AUG ODE 1 o MAILED FROM ZIP C , 1 00 r? Oar ?,ag d ago Y ?° r OG ? r G rD OA O 6pWES 68O 9 9103 13? VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: W-(;3 Lo By: J'Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 t. -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 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 No. 08-7378 CIVIL TERM Defendant c *L' . 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 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 GREIG G. ALTIERI 9017 RED BRANCH ROAD COLUMBIA, MD 21045 GREIG G. ALTIERI GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797-8030 12904 FOLLY QUARTER ROAD ELLICOTT CITY, MD 21042 Phelan Hallinan & Schmieg, LLP DATE: Log By: awrence 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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF OF lit &LIG 14 AM &. 38 CW4TY CI?L? GMAC MORTGAGE, LLC PLAINTIFF V. GREIG G. ALTIERI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7378 CIVIL ORDER OF COURT AND NOW, this 18th day of August, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 8, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Courtenay R. Dunn, Esquire Attorney for Plaintiff Greig G. Altieri 304 Brook Meadow Drive Unit 24 Mechanicsburg, PA 17050 15255 Ridge Hunt Drive Woodbine, MD 21797 017 Red Branch Road Columbia, MD 21045 2904 Folly Quarter Road Ellicott City, MD 21042 bas M. L. Ebert, Jr., J. eo?i Es m? L LL 8?t 809 5 OF THE PROTHONOTARY 2009 AUG 18 AM 9: 4 2 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County GREIG G. ALTIERI No. 08-7378 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 8, 2009 was sent to the following individual on the date indicated below. GREIG G. ALTIERI 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DR UNIT 24 MECHANICSBURG, PA 17050-3140 GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797-8030 GREIG G. ALTIERI 9017 RED BRANCH ROAD COLUMBIA, MD 21045 GREIG G. ALTIERI 12904 FOLLY QUARTER ROAD ELLICOTT CITY, MD 21042 Phelan Hallinan & Schmieg, LLP DATE: By: (Z?--?-?- - awrence 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 OF "ONOTAPY 2009 AUG 26 is !0: OS ?j[ \ ra rn t ' '?l i?TY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that i the Sheriff's Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been scild to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued the 21 ST day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil 2008 Number 7378, at the suit of GMAC MTG LLC against GREIG G ALTIERI is duly recorded Instrument Number 200933424. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A. D. of Deeds H3''J a Dada, c nimeaw cowry. . PA 'y Coew?&Ym i;;; to Fiat M.,,.y d J.n. 3010 Sheriffs Office of Cumberland Coun `tL R Thomas, Kline Sheriff Ronny 4 Anderson 3`1 C 0 Chief D4puty Jody S Smith Civil Process Sergeant OFFICE -F T,E S-EERIFF L Edward Schorpp Solicitor GM AC Mortgage, LLC s. Case Number Greg G. Altieri 2008-7378 ? SHERIFF'S RETURN OF SERVICE 06/24009 01:30 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1325 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, 304 Brook Meadow Drive, A/K/A 304 Brook Meadow Drive, Unit 24, Mechanicsburg, Cumberland County, Pennsylvania according to j law. 07/13/2009 Sent Certified Mail on 6/9/09. cab 09/03/ 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 Plano Parkway, Carrollton, TX, 75010 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 773.77. SHERIFF COST: $773.77 08, 2009 / a/,11by ' SO ANSWERS, :;eo-?- R THOMAS KLINE, SHERIFF ?y- CL? y$•u? Cc 7 /' ,. d, 3),2 e3 . It i C:%1 %C NIPRTC, 1rF I I C !Ptyiatifr V. IGREIG G. ALTIERI Defendant(s). CUMBERLAND COUNTY C 011UT OF COMMON PLEAS CIVIL DIVISION NO. 08-7378 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 -MAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, SQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following formation concerning the real property located at 304 BROOK MEADOW DRIVEA/K/A 304 ROOK MEADOW DRIVE UNIT 24. MRC'HANICSRURC:_ PA »MSM_11aM Name and address of Owner(s) or reputed Owner(s): ame Address (if address cannot be reasonably ascertained, please indicate) REIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797 . Name and address of Defendant(s) in the judgment: as above Name and last known address of every judgment creditor whose judgment is a record lien on the real roperty to be sold: ame Address (if address cannot be reasonably ascertained, please indicate) one Name and address of last recorded holder of every mortgage of record: ame Address (if address cannot be reasonably ascertained, please indicate) one Y 5. Name and address of every other person who has any record lien on the propertv: Address (il address cannot be reasonably done I?. Name and address of every other person who has any record interest in the property and whose ?nterest may be affected by the sale. ame Address (if address cannot be reasonably ascertained, please indicate) one . Name and address of every other person of whom the plaintiff has knowledge who has any interest in ie property which may be affected by the sale: ame Address (if address cannot be reasonably ascertained, please indicate) enant/Occupant omestic Relations of Cumberland County ommonwealth of Pennsylvania evartment of Welfare ommonwealth of Pennsylvania ureau of Individual Tax iheritance Tax Division eternal Revenue Service ederated Investors Tower artment of Public Welfare Casualty Unit to Recovery Program ROOKMEADOW HOMEOWNERS ASSOCIATION 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24 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 13`h 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 wledge or information and belief. I understand that false statements herein are made subject to the alties of 18 Pa. C.S.A. § 4904 relating to unworn falsific*ioff o,,authorities. ATE DANIEL G. SCI Attorney for Plai GMAC MORTGAGE, LLC Plaintiff, v. dREIG G. ALTIERI Defendant(s). i CUMBERLAND COUNTY No. 08-7378 CIVIL TERM May 19, 2009 GREIG G. ALTIERI 15255 RIDGE HUNT DRIVE WOODBINE, MD 21797 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVEDA DISCHARGE IN ANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE N ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY." Your house (real estate) at, 04 BROOK MEADOW DRIVE A/K/A 304 BROOK 1EADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140, is scheduled to be sold at the heriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South [anover Street, Carlisle, PA 17013, to enforce the court judgment of $156,076.23 obtained by GMAC IORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement ,ill be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS OU 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. 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.) OU 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 ?Ind 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 uate 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 nd 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 y 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 the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. A schedule of stribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This hedule will state who will be receiving that money. The money will be paid out in accordance with is schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the ieriff 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 iately after the sale. 3U 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 :LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. APORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold i the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be ostponed 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 (900) 990-9108 LEGAL DESCRIPTION ALL, t at 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 Pennsy vania, described as follows: 13EGI NING, at a point, said point being referenced from an iron pipe at the southeastern corner f'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 lin of Mulberry DRIVE, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 1217.5 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 43.83 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southeastern corner of Unit 24, as describ d herein, thence, along the southern wall of the herein described Unit 24, South 49 degrees 50 minutes, 00 seconds, West, for a distance of 24.00 feet to a point, thence, along the wester wall of the herein described Unit 24 and the common wall with Unit 23, North 40 degrees 10 minutes, 00 seconds West, for a distance of 40.00 feet to a point; thence, continuing along t e herein described Unit 24, 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 25, 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. 24 of a seven (7) unit building in 'The Brook Meadow Condo inium', as recorded in Plan Book 80, Page 132 and as described in the Condominium docume is as recorded in Book 715, Page 4681 in Cumberland County Records. UPI # 3$-21-0291-110-U24 CONTOL # 00512722, II I LE ' O SAID PREMISES IS VESTED IN Greig G. Altieri, a married man, by Deed from Altieri Enterprises, Inc., a Maryland Corporation, dated 07/20/2007, recorded 10/05/2007 in Instrument Number 200738643. PREMI ES BEING: 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE NIT 24, MECHANICSBURG, PA 17050-3140 SHORT DESCRIPTION Oy virtue of a Writ of Execution No. 08-7378 CIVIL TERM OMAC MORTGAGE, LLC REIG G. ALTIERI icrs of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, nsylvania, being (Municipality) L+:CHANICSBURG PA 17050-3140 PI # 38-21-0291-110-U24 CONTOL # 00512722 (Acreage or street address) improvements thereon: RESIDENTIAL DWELLING i lpaniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY,OF CUMBERLAND) NO 08-7378 Civil 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 DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $156,076.23 L.L. $.50 Interest from 4/22/09 - 9/02/09 (per diem - $26.01) -- $3,485.34 Atty's Comm % Due Prothy $2.00 Atty Paid $218.90 Other Costs Plaintiff Paid Date: 5/21/09 Curtis R. Long, Proth no ry (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy Real Estate Sale # On May 28, 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, 304 Brook Meadow Drive, A/K/A 304 Brook Meadow Drive, Unit 24, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Real Estate Coordinator 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. REAL EBTATE BALE NO. 4 Writ No. 2008-7378 Civil GMAC Mortgage, LLC vs. Greig G. Altieri Atty.: Daniel Schmieg SHORT DESCRIPTION Owners of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNIT 24, MECHANICSBURG, PA 17050-3140. UPI # 38-21-0291-110-U24 CON- TOL # 00512722. Improvements thereon: RESIDEN- TIAL DWELLING. PROPERTY ADDRESS: 304 Brook Meadow Drive, A/K/A 304 Brook Meadow Drive, Unit 24, Mechanics- burg, PA 17050. before me this NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28.2010 7 day of August. 2009 C_e?'?Notary ",le Patriolt-News Co. 8' 2 Market St. FiNlrnsburg, PA 17101 Inc a ries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ZhePahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 pnricipal 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 n 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 T7e Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders, and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 Sale No. 4 Writ No. 2008-7378 Civil Term GMAC Mortgage, LLC ve. Gnlg G. Altlerl Atty: Danlei Schmleg SHORT DESCRIPTION By virtue.of a Writ of Execution No. 08-7378 CIVIL TERM GMAC MORTGAGE, LLC vs. GREIG G. ALTIERI owners of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 304 BROOK MEADOW DRIVE A/K/A 304 BROOK MEADOW DRIVE UNITY 24, MECHANnBlIRG, PA 17050.3140 UPI # 38-21-0291-110-U24 CONTOL # 00512122 (Acreage or street address) Improvements thereon: RESIDENTIAL, DWELLING PROPERTY ADDRESS: 304 Brook Meadow Drive, A/K/A 304 Brook Meadow Drive, unit 24, Mechanicsburg, PA 17050 Sworn to and-s` cribed before me the 14 day of August, 2009 A.D. ' otary public COMMONWEALTH OF PENNSYLVANIA s Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg; Dauphin County MY COmmoson Etas Nov. 26, 2011 Member, Pennsylvania Association of Notaries 07/31/09 08/07/09