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HomeMy WebLinkAbout09-1898 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C VI I NO. 61- 10 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 v6ancis 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 201378 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff ROBERT I.LOVELL 103 WATER STREET SUMMERDALE, PA 17093 File #: 201378 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 #: 201378 I . 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: ROBERT I.LOVELL 103 WATER STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/19/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, LLC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1951, Page 4374. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 #: 201378 6. 7. 8. The following amounts are due on the mortgage: Principal Balance $67,325.03 Interest $1,728.40 11/01/2008 through 03/25/2009 (Per Diem $11.92) Attorney's Fees $1,325.00 Cumulative Late Charges $106.28 05/19/2006 to 03/25/2009 Cost of Suit and Title Search 750.00 Subtotal $71,234.71 Escrow Credit ($545.15) Deficit $0.00 Subtotal 545.15 TOTAL $70,689.56 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 201378 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 $70,689.56, together with interest from 03/25/2009 at the rate of $11.92 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. AN & SCHMIEG, LLP By: Lawfence T. Phelan, Esquire ' rrancis S. Hallinan, EsquireG0,C95'- Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 201378 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Water Street, which point is 210.0 feet West of the southwesterly corner of First Street and Water Street; thence South 15 degrees 34 minutes East, 105.0 feet to a point on the northerly line of a 16 foot wide public alley; thence along same, South 74 degrees 26 minutes West, 30.0 feet to a point; thence North 15 degrees 34 minutes West, 125.0 feet to a point on the southerly line of Water Street aforesaid; thence along same, South 72 degrees East, 36.0 feet to a point, the place of BEGINNING. PARCEL NO. 09-12-2995-052 PROPERTY BEING: 103 WATER STREET BEING THE SAME PREMISES which Christopher S. Young, single man, by deed dated July 21, 1995 and recorded July 25, 1999 in the Cumberland County Office of the Recorder of Deeds in Deed Book 125, Page 595 granted and conveyed to Robert I. Lovell, single man. File #: 201378 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. r' DATE: 2 5-`? Attorney for i?ti'ff File k: 201378 thJ xn :all C 0 r? {'il Sheriffs Office of Cumberland County R?Tho Thomas Kline ??yy?tr cr? Edward L Schorpp Solicitor Ronny R Anderson` Jody S Smith Chief Deputy OFFICE OF +E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Robert I. Lovell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Complaint in Mortgage Foreclosure and Notice according to law. 04/03/2009 12:38 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry, for the within named defendant(s), to wit: Robert I. Lovell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. Dauphin County Return: And now April 3, 2009 I, J.R. Lotuck, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upor the within named defendant, to wit: Robert I. Lovell by making known unto Terry Lovell, wife of defendant, at 360 Fresno Drive, Harrisburg, Pennsylvania, 17112 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 April 09, 2009 SO ANSWERS, R THOMAS KLI , SHERIFF 2009-1898 GMAC MORTGAGE LLC VS ROBERT I LOVELL FILED-OFFICE OF THE PrTE 10NOTARY 2004 APR 13 AM 8.5 7 .ii../'` 4a..1 4t v. PEi SYLVAMA Sheriffs Office of Cumberland County R Thomas Kline V, of 4lcmbrrr?i Edward L Schorpp Sheri Solicitor P.' .4 ?,Y.:rI 1 Y Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF T- S-PMFr Civil Process Sergeant AMENDED SHERIFF'S RETURN OF SERVICE AMENDED 03/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Robert I. Lovell but was unable to locate him at 103 Water Street, Summderdale, PA 17093. He therefore returns the within Complaint in Mortgage Foreclosure as NOT FOUND, to the defendant, Robert I. Lovell. Defendant resides at 360 Fresno Drive, Harrisburg, PA 17112. 03/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Robert I. Lovell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Complaint in Mortgage Foreclosure and Notice according to law. 04/03/2009 12:38 PM - Dauphin County Return: And now April 3, 2009 I, J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert I. Lovell by making known unto Terry Lovell wife of defendant, at 360 Fresno Drive, Harrisburg, Pennsylvania, 17112 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 April 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket NO. 2009-1898 GMAC Mortgage v Robert Lovell BLED-?.: F RCI OF ?HE- P"'KFHOINIO;ARY 2009 APR 27 AM 11: 35 GU ? . INTY f'EaJA14SYL' WA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-1898 ROBERT I. LOVELL CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 201378 r 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: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 04-29-09 PHS #: 201378 VERIFICATION Lin John Kerr 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: 3-z, -aq Company: GMAC MORTGAGE, LLC Loan:0428844716 File #: 201378 Title:"" Kerr QF 7HE PAC 7Y,7" `! ARY 2009 MAY -4- F 1 * 30 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ROBERT I. LOVELL Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1898 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of PlaintifFs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: ROBERT I.LOVELL 360 FRESNO DRIVE HARRISBURG, PA 17112-2874 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 04-29-09 ALED--;,)F,-;CE OF THE P7)11--' NOTARY 2009 MAY -4 PH 1.33 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 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. ROBERT I.LOVELL : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No. 09-1898 : CIVIL DIVISION 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 ROBERT I. LOVELL, 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 $70,689.56 Interest - 03/26/2009 to 05/07/2009 $512.56 TOTAL $71,202.12 I hereby certify that (1) the Defendant's last known address is 360 FRESNO DRIVE, HARRISBURG, PA 17112-2874, and (2) that notice has been given in accordance with Rule 237.1, copy attached. /r Lawrence T. Phelan, Esquire ,-Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 201378 PROTHONOTARY 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. ROBERT I. LOVELL Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 09-1898 VERIFICATION OF NON-MILITARY SERVICE The undersigning Attorney hereby verifies that she/he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she/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 ROBERT I. LOVELL is over 18 years of age and resides at 360 FRESNO DRIVE, HARRISBURG, PA 17112-2874. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lawrence T. Phelan, Esquire .-Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire 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 Plaintiff v ROBERT I. LOVELL Defendant(s) TO: ROBERT I.LOVELL 360 FRESNO DRIVE HARRISBURG, PA 17112-2874 DATE OF NOTICE: April 24, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISO?N NO. ? - r,/ r? % f 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) 249-316 LAUREN MATTER Legal Assistant PHS # 201378 COi THE V'Ro-'1' ?'NOTARY 2009 MAY 13 AM 13: 4 4 mdA' (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. ROBERT I.LOVELL 360 FRESNO DRIVE HARRISBURG, PA 17112-2874 CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1898 Notice is given that a Judgment in the above captioned matter has been entered against you on 5 ? 131 U? By: If you have any questions concerning this matter please contact: ,?/ , Lawrence T. Phelan, Esquire .Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE-FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC . Plaintiff, V. ROBERT I.LOVELL Defendant(s). No..09-1898 TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/08/2009 TO 09/02/2009 (per diem -$11.87) $71,202.12 $1,400.66 TOTAL $72,602.78 One Penn C ter at Suburban 1617 John F. Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. Suite 1400 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. 201378 Yl? 4 v w? O? d ? a? o? ?a O p0 HV o? (? w ?v rI M : Y + w i a w d F O a c a O H V w? O? a as as w? a 1 a Q $ n Q 00 N a a z Y+? w M CSL u H a a. 45 I 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. ROBERT I.LOVELL : Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1898 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. F!%f--U OF THE ppl^ r ? JOTARY 2 6 GMAC MORTGAGE, LLC Plaintiff, V. ROBERT I. LOVELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1898 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 103 WATER STREET, SUMMERDALE. PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) ROBERT I. LOVELL 360 FRESNO DRIVE HARRISBURG, PA 17112 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) Countrywide Funding Corporation PO Box 10266 Van Nuys, CA 91409 5. Name and address of every other person who has any record lien on the property: Name M None Address (if address cannot be reasonably ascertained, please indicate) 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 103 WATER STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statement ein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating tQ.unsrv at o authorih . May 22, 2009 DATE LEGAL DESCRIPTIO.N ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Water Street, which point is 210.0 feet West of the southwesterly corner of First Street and Water Street; thence South 15 degrees 34 minutes East, 105.0 feet to a point on the northerly line of a 16 foot wide public alley; thence along same, South 74 degrees 26 minutes West, 30.0 feet to a point; thence North 15 degrees 34 minutes West, 125.0 feet to a point on the southerly line of Water Street aforesaid; thence along same, South 72 degrees East, 36.0 feet to a point, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Robert I. Lovell, single man, by Deed from Christopher S. Young, single man, dated 07/21/1995, recorded 07/25/1995 in Book 125, Page 595 PREMISES BEING: 103 WATER STREET, SUMMERDALE, PA 17093 PARCEL NO. 09-12-2995-052 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1898 GMAC MORTGAGE, LLC vs. ROBERT I.LOVELL owner(s) of property situate in the East Pennsboro Township, Cumberland County, Pennsylvania, being (Municipality) 103 WATER STREET SUMMERDALE PA 17093 Parcel No. 09-12-2995-052 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire FIB: F1+?; OF THE P -`i i:??'y mfr.,. M qiIt ?? A'?a 0. 9 t,,t,?t1?N ` W I'v! 7 r ?tt+n C7 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, V. No. 09-1898 ROBERT I.LOVELL Defendant(s). May 22, 2009 TO: ROBERT I.LOVELL 360 FRESNO DRIVE HARRISBURG, PA 17112 "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 OF A LIEN AGAINST PROPERTY. Your house (real estate) at 103 WATER STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,202.12 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. V w You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Water Street, which point is 210.0 feet West of the southwesterly corner of First Street and Water Street; thence South 15 degrees 34 minutes East, 105.0 feet to a point on the northerly line of a 16 foot wide public alley; thence along same, South 74 degrees 26 minutes West, 30.0 feet to a point; thence North 15 degrees 34 minutes West, 125.0 feet to a point on the southerly line of Water Street aforesaid; thence along same, South 72 degrees East, 36.0 feet to a point, the Place of BEGINNING. TITLE TO SAID PREAUSES IS VESTED IN Robert I. Lovell, single man, by Deed from Christopher S. Young, single man, dated 07/21/1995, recorded 07/25/1995 in Book 125, Page 595 PREMISES BEING: 103 WATER STREET, SUMMERDALE, PA 17093 PARCEL NO. 09-12-2995-052 w SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1898 GMAC MORTGAGE, LLC VS. ROBERT I.LOVELL owner(s) of property situate in the East Pennsboro Township , Cumberland County, Pennsylvania, being (Municipality) 103 WATER STREET SUMMERDALE PA 17093 Parcel No. 09-12-2995-052 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1898 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC., Plaintiff (s) From ROBERT I. LOVELL (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 $71,202.12 L.L. $.50 Interest FROM 5/8/2009 TO 9/2/2009 (PER DIEM - $11.87) - $1,400.66 Atty's Comm % Atty Paid $172.00 Plaintiff Paid Date: MAY 26, 2009 Due Prothy $2.00 Other Costs s R. Long, Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. 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 By: Deputy AFFIDAVIT OF SERVICE PLAINTIFF GMAC 110RTGAGE, LLC DEFE\DAN'T(S) ROBERT 1. LOVELL SERVE ROBERT I. LOVELL AT: 360 FRESNO DRIVE HARRISBURG, PA 17112 SERVED CUMBERLAND COUNTY Vq- 1 W4 C-59 - I Scl a phs. #201378 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to 666 T. Love (I Defendant, on the y day of 01mr- 200 9 at o'clock f .m., at 360 Froyiw D f,'vt, I+Q rl, 3 bWCi 604- 171/2 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other Description: Age _ 077 Height -5 Weight -261-2r Race W Sex M _ Other 1, t e u y sworn ac rding to law, depose and state that I personally handed a true and correct copy of the Notic of Sheriffs r as set fo herein, issued in the captioned case on the date and at the address indicated above. Notary Public WEISSPORT BORO.. CARBON COUNTY Sworn to and sub bed My Commission Expires Apr 29. 2013 before me this day oo 200 \ Notary*? By; IJ? P EA ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day - DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FLED--10'r CE OF THE Frrs`j,'; r-)TARY 2009 JUN 16 AM 9: 59 CUPS::' :1;?lTy