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HomeMy WebLinkAbout09-1935Phelan 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198590 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. CLYDE E. MILLER LYNNE D. MILLER 110 BOYER STREET SUMMERDALE, PA 17093 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. QQ -- /V S CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 198590 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 #: 198590 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: CLYDE E. MILLER LYNNE D. MILLER 110 BOYER STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/24/2007 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, LLC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200737777. By Assignment of Mortgage recorded 12/01/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200838342. 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 11/0 1/2008 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 File #: 198590 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. 7. 8. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $120,328.94 Interest $4,044.48 10/01/2008 through 03/25/2009 (Per Diem $22.98) Attorney's Fees $1,325.00 Cumulative Late Charges $85.53 09/24/2007 to 03/25/2009 Property Inspections $35.50 Cost of Suit and Title Search 750.00 Subtotal $126,569.45 Escrow Credit ($283.47) Deficit $0.00 Subtotal 283.47 TOTAL $126,285.98 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 File #: 198590 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 $126,285.98, together with interest from 03/25/2009 at the rate of $22.98 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ALLINAN & SCHMIEG, LLP el A By: & (/V Lawre a 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 Attorneys for Plaintiff File #: 198590 LEGAL DESCRIPTION ALL that certain piece or tot of ground situate in the Township of East Pennsboro, in the County of Cumberland, the State of Pennsylvania, being Lot Number 82, Section 'C', in the Plan of Summerdale, Pennsylvania, as recorded in the Office for the Recording of Deeds in and for the County of Cumberland, at Carlisle, Pennsylvania, in Plan Book Number 1, Page 44 (Revised Plan Book Number 2, Page 109) being more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeastern corner of Lot Number 83, said point being on the North side of Boyer Street; thence, in a Northerly direction along the line dividing Lots Numbers 82 and 83, a distance of One Hundred Fifty (150) feet, to a point on the South side of a twelve (12) feet wide alley; thence, in an Easterly direction along the South edge of said twelve (12) feet wide alley, a distance of Fifty (50) feet, to a point on the South side of said twelve (12) feet wide alley, said point also being the Northwest corner of Lot Number 81; thence in a Southerly direction along the line dividing Lots Numbers 81 and 02, a distance of One Hundred Fifty (150) feet, to a point on the North side of Boyer Street, said point also being the Southwest corner of Lot Number 81; and thence, in a Westerly direction along the North side of Boyer Street, a distance of fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house File #: 198590 UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. IT BEING the same premises which Ronald E. Burger, Sr. and Beverly A. Burger, Husband and Wife, by deed dated the 6th day of January, 1995 and recorded on the 9th day of January, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 117 Page 345, granted and conveyed unto Clyde E. Miller and Lynne D. Miller, Husband and Wife, Grantors herein. PARCEL NO. 09-11-3004-044 PROPERTY BEING: 110 BOYER STREET File #: 198590 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 DATE: 0 J U File #: 198590 cz, p ? ? C? oth Sheriffs Office of Cumberland County R Thomas Kline ti4ur o? r r,awara L ?cnorpp Sheri to Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/02/2009 06:35 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2009 at 1835 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lynne D. Miller, by making known unto Lynne D. Miller personally, at 80 Winter Lane, Enola, Cumberland County, Pennsylvania, 17025, its contents and at the same time handing to her personally the said true and correct copy of the same. 04/06/2009 06:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2009 at 1825 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with itl named defendant, to wit: Clyde E. Miller, by making known unto Clyde E. Miller personally, at 110 Boyer Street, Summerdale, Cumberland County, Pennsylvania, 17093, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $72.80 April 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff Docket No. 2009-1935 GMAC Mortgage v Clyde E. Miller OF TW? ;r.r;r t?Y 2009 APR -7 f'#I 3, 49 ,?.,:. i y b 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. CLYDE E. MILLER 110 BOYER STREET SUMMERDALE, PA 17093-8020 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1935 CIVIL TERM LYNNE D. MILLER 80 WINTER LN ENOLA, PA 17025-2181 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 CLYDE E. MILLER, and LYNNE D. MILLER, 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 $126,285.98 Interest - 03/26/2009 to 05/05/2009 $942.18 TOTAL $127,228.16 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ,e /r. Phelan Esquire S. all' jawf, 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 i b* ZAS'01-11 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 198590'- 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. CLYDE E. MILLER LYNNE D. MILLER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1935 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE SaSWVk Z. Gotbmw , hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 CLYDE E. MILLER is over 18 years of age and resides at 110 BOYER STREET, SUMMERDALE, PA 17093-8020. (c) that defendant LYNNE D. MILLER is over 18 years of age and resides at 110 BOYER STREET, SUMMERDALE, PA 17093-8020. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L enc . Phel , Esquire ran cis S. Haffitln, 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 i b # ZtRt} Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. CLYDE E. MILLER 110 BOYER STREET SUMMERDALE, PA 17093-8020 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION LYNNE D. MILLER 80 WINTER LN ENOLA, PA 17025-2181 : No. 09-1935 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on A, aG0 9 By If you have any questions concerning thi 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 lb fbZoso4-f 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 PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1935 CIVIL TERM CLYDE E. MILLER LYNNE D. MILLER Defendant(s) TO: CLYDE E. MILLER 110 BOYER STREET SUMMERDALE, PA 17093-8020 DATE OF NOTICE: April 23, 2009 CUMBERLAND COUNT 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 ffRand County Bar Association 3 South Bedford Street Carlisle, PA 17013 (71P-2"-3166 0 X'SEIDMAN Assistant PHS 4 198590 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 (? -IS }--STi3 =Z0?0- - GMAC MORTGAGE, LLC ATTORNEY FOR PLAINT, COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. CLYDE E. MILLER LYNNE D. MILLER NO. 09-1935 CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: LYNNE D. MILLER 80 WINTER LN ENOLA, PA 17025-2181 DATE OF NOTICE: April 23, 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 I Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 198590 Cumberland County Bar Association 32 South Bedford Street RLM?FICE OF THE MTAAY 2009 MAY -7 AM 10: 44 op ct 86 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1935 CIVIL TERM CLYDE E. MILLER CUMBERLAND COUNTY LYNNE D. MILLER Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 198590 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto ey for Plai tiff p By: / Lawrence T. Phelan, Esquire .?Ftancis 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: 05-07-09 PHS #: 198590 VERIFICATION W 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 unsworn falsification to authorities. DATE: 3 / ame: UWe'edd Sigmg Officer Company: GMAC MORTGAGE, LLC Loan:0475437042 File #: 198590 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. CLYDE E. MILLER LYNNE D. MILLER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1935 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: CLYDE E. MILLER 110 BOYER STREET SUMMERDALE, PA 17093-8020 1 LYNNE D. MILLER I10 BOYER STREET SUMMERDALE, PA 17093-8020 Date: 05-07-09 Phelan Hallinan & Schmieg, LLP Attorney ++ for Plaintiff By:`/s/ 4 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 OIL. 20091 AY 1 3 PH 12: 52 UiV9? _ ti ,! . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. No. 09-1935 CIVIL TERM CLYDE E. MILLER LYNNE D. MILLER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $127,228.16 Interest from 5/6/2009-9/2/2009 $2,544.00 and Costs (per diem -$21'20) TOTAL $129,772.16 DANIEL G. S ?EG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 198590 d wz d? Wa a? a o?.a V OU pG A O W O E" v w a as oy O AW Ow ° U U a d W W N M O r d a W N q r W ? a d ,•a H^ W ? ? W H O A4 d 0 ON U ,.. "%. LEGAL DESCRIPTION ALL that certain piece or tot of ground situate in the Township of East Pennsboro, in the County of Cumberland, the State of Pennsylvania, being Lot Number 82, Section 'C', in the Plan of Summerdale, Pennsylvania, as recorded in the Office for the Recording of Deeds in and for the County of Cumberland, at Carlisle, Pennsylvania, in Plan Book Number 1, Page 44 (Revised Plan Book Number 2, Page 109) being more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeastern corner of Lot Number 83, said point being on the North side of Boyer Street; thence, in a Northerly direction along the line dividing Lots Numbers 82 and 83, a distance of One Hundred Fifty (150) feet, to a point on the South side of a twelve (12) feet wide alley; thence, in an Easterly direction along the South edge of said twelve (12) feet wide alley, a distance of Fifty (50) feet, to a point on the South side of said twelve (12) feet wide alley, said point also being the Northwest corner of Lot Number 81; thence in a Southerly direction along the line dividing Lots Numbers 81 and 82, a distance of One Hundred Fifty (150) feet, to a point on the North side of Boyer Street, said point also being the Southwest corner of Lot Number 81; and thence, in a Westerly direction along the North side of Boyer Street, a distance of fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN Clyde E. Miller and Lynne D. Miller, h/w, by Deed from Ronald E. Burger, Sr. and Beverly A. Burger, h/w, dated 01/0611995, recorded 01/09/1995 in Book 117, Page 345. PREMISES BEING: 110 BOYER STREET, SUMMERDALE, PA 17093-8020 PARCEL NO. 09-11-3004-044 control # 09000108 r ak, IAIRY 2OQ9 MAY 21 Aid 110: 152 4 \ii "k I: %2. 90 06 s4 sU le. ??- a2asr,?? 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. CLYDE E. MILLER LYNNE D. MILLER Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1935 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 ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. 4 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FILIED-l"X71U.. a, F THE PI 2009 MEN,' 21 pia 10: -'"1G-MAC MORTGAGE, LLC Plaintiff, V. CLYDE E. MILLER LYNNE D. MILLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1935 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,110 BOYER STREET, SUMMERDALE, PA 17093-8020. 1. Name and address of Owner(s) or reputed Owner(s): Name CLYDE E. MILLER LYNNE D. MILLER Address (if address cannot be reasonably ascertained, please indicate) 110 BOYER STREET SUMMERDALE, PA 17093-8020 80 WINTER LANE ENOLA, PA 17025 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 None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 4 '45. 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 110 BOYER STREET SUMMERDALE, PA 17093-8020 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6tn Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 IP Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 ect to the best of my personal I verify that the statements made in this affidavit are tru 7teme ade subject to the knowledge or information and belief. I understand that fal stherein are m penalties of 18 Pa. C.S.A. § 4904 relating to unsworn fals' 1catihorities. May 18, 2009 DATE DANIEL G. SCHN'IIE(Y, ESQUIRE Attorney for Plaintiff rn? TE?LEG TUTI W 21 eA ;' I"J. ? t r l GMAC MORTGAGE, LLC Plaintiff, V. CLYDE E. MILLER LYNNE D. MILLER Defendant(s). TO: CLYDE E. MILLER May 18, 2009 110 BOYER STREET SUMMERDALE, PA 17093-8020 CUMBERLAND COUNTY No. 09-1935 CIVIL, TERM LYNNE D. MILLER 80 WINTER LANE ENOLA, PA 17025 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 110 BOYER STREET, SUMMERDALE, PA 17093-8020, 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 $127,228.16 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. A J You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be, able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 f LEGAL DESCRIPTION ALL that certain piece or tot of ground situate in the Township of East Pennsboro, in the County of Cumberland, the State of Pennsylvania, being Lot Number 82, Section 'C', in the Plan of Summerdale, Pennsylvania, as recorded in the Office for the Recording of Deeds in and for the County of Cumberland, at Carlisle, Pennsylvania, in Plan Book Number 1, Page 44 (Revised Plan Book Number 2, Page 109) being more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeastern corner of Lot Number 83, said point being on the North side of Boyer Street; thence, in a Northerly direction along the line dividing Lots Numbers 82 and 83, a distance of One Hundred Fifty (150) feet, to a point on the South side of a twelve (12) feet wide alley; thence, in an Easterly direction along the South edge of said twelve (12) feet wide alley, a distance of Fifty (50) feet, to a point on the South side of said twelve (12) feet wide alley, said point also being the Northwest corner of Lot Number 81; thence in a Southerly direction along the line dividing Lots Numbers 81 and 82, a distance of One Hundred Fifty (150) feet, to a point on the North side of Boyer Street, said point also being the Southwest corner of Lot Number 81; and thence, in a Westerly direction along the North side of Boyer Street, a distance of fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN Clyde E. Miller and Lynne D. Miller, h/w, by Deed from Ronald E. Burger, Sr. and Beverly A. Burger, h/w, dated 01/06/1995, recorded 01/09/1995 in Book 117, Page 345. PREMISES BEING: 110 BOYER STREET, SUMMERDALE, PA 17093-8020 PARCEL NO. 09-11-3004-044 control # 09000108 r GMAC MORTGAGE, LLC Plaintiff, V. CLYDE E. MILLER LYNNE D. MILLER Defendant(s). CUMBERLAND COUNTY No. 09-1935 CIVIL TERM SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1935 CIVIL TERM GMAC MORTGAGE, LLC VS. CLYDE E. MILLER and LYNNE D. MILLER owners of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 110 BOYER STREET, SUMMERDALE, PA 17093-8020 PARCEL NO. 09-11-3004-044 control # 09000108 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Y Daniel G. Schmieg, Esquire -ac Tip c 2C [9 (1A E C 1 r` 1 tJ• WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1935 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC., Plaintiff (s) From CLYDE E. MILLER AND LYNNE D. MILLER (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 $127,228.16 L.L. $.50 Interest FROM 5/6/2009 - 9/2/2009 (PER DIEM - $21.20) - $2,544.00 AND COSTS Atty's Comm % Atty Paid $191.80 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MAY 21, 2009 (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 - ??414"6z C s R. Long-,?56-65-no By: Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) CLYDE E. MILLER LYNNE D. MILLER SERVE LYNNE D. MILLER AT: 80 WINTER LANE ENOLA, PA 17025 SERVED CUMBERLAND COUNTY No. 09-1935 CIVIL TERM phs. #198590 Sale Date: SEPTEMBER 2, 2009 Type of Action - Notice of Sheriffs Sale Divorce: one can not accept service for the other Served and made known to 14AIN E D. M 11_Li=i2 , Defendant, on the T day of ?J_IANC-- , 2005, at 7:,0, o'clock ?_I.m., at TO W (1VM tAWE i tiNOLA , Commonwealth of Pennsylvania, in the manner described below: V_Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defeendant(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 TLO S Height ? ITC, Weight ( 96 Race W Sex F Other I, T;;W t,-P A(D I-L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicat d Sworn to and subscribed ?RLY CURTY before me this (5+ day NOTARY PUBLIR Y of r-Q/N , 2005. STATE OF NE Not 1_? \ My CommiSL Expire 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 1'' Attempt. / / Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 1200-. Notary: 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 FiLE.D--C) RC,,-- OF THE Pc ?;; {; ???TgRY 1009 JWN 16 All 9: 5 9 CUV- .. ',_itir? pE, NI iNSYLt,',,`, rA AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) CLYDE E. MILLER LYNNE D. MILLER SERVE CLYDE E. MILLER AT: 110 BOYER STREET SUMMERDALE, PA 17093-8020 SERVED CUMBERLAND COUNTY No. 09-1935 CIVIL TERM Aphs. #198590 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 2, 2009 Divorce: one can not accept service for the other Served and made known to 0G/DE 4_?. M t LLE Q , Defendant, on the 1,51 day of I, Nlc 200 at 4 *1,7 o'clock ?.m„ at 110 t?aD1I8R s1REf?f a SGIMMEQD/FeE Commonwealth of Pennsylvania, in the manner described below: V 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: Arge, 46' Height 5'W" Weight (60 Race W Sex Al' Other I_ 1n?-RWA' v> AW ?L a cmmnetent adult heino duiv cwnrn accnrdino to Iaw dennsr and state that r narcnnally hnn(IM a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. KIMBERLY CURTY Sworn to and subscribed NOTARY PUBLIC before me this I51' day STATE OF N RSEY of _?? 2009. My Commission Exp r s , 120 0114W PLERS?C'rAWZEYPT 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 15t Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCFIMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?1_1 t(51 - FILED-0 ; ,G OF THE ","`O??y 2009 JUN 16 Ari 9.59 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 21 day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 1935, at the suit of GMAC MTG LLC against CLYDE E MILLER & LYNNE D is duly recorded as Instrument Number 200933432. IN TESTIMONY WHEREOF, I have hereunto set my hand (~ _. and seal of said office this ;~C~ 1' day of 4 r~ a~ - , A.D. t~c~~ ~ Recorder of Deeds ti~OGU63t cl C~,:d3, Gi:mbsr:and County, CarlicM, Pp My Comigis;,ia, ExAdroa flue f=irst Monday of Jan. 201Q Sheriff s Office of Cumberland County R Thomas Kline ;= ~ : `;"~ Sheriff -„` -~ ~ - _ ~~.~ 4C ~, ~i :riiutr~r„t?~! - ; Ronny R Anderson ~.,~ ~' .) ^' nta Chief Deputy _ ~.., .; ~ ,.._, c:.:1 t ; 1 ±: _ ~, i Jody S Smith ~ Civil Process Sergeant ~~F~r~~ ~ ~ ~--~~ ~ + ~ ~ '~ i Edward L Schorpp SO/1CIlOY GMAC Mortgage, LLC Case Number vs. Clyde E. Miller 2009-1935 SHERIFF'S RETURN OF SERVICE 06/26/2009 01:52 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1346 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Clyde E. Miller and Lynne D. Miller, located at, 110 Boyer Street, Summerdale Cumberland County, Pennsylvania according to law. 06/26/2009 01:52 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1346 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cyde E. Miller, by making known unto, Clyde E. Miller, personally, at, 110 Boyer Street, Summerdale, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/26/2009 02:07 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1405 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lynne D. Miller, by making known unto Ashlee Miller, adult Daughter and Adult in Charge, at, 80 Winter Lane, Summerdale Apartments, Summerdale, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/03/2009 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 $ 779.38 SHERIFF COST: $779.38 SO ANSWERS, September 08, 2009 / ic~/3~G9 !~,,, R THOMAS KLINE, SHERIFF ~ iJ~ ~O' ~~ ~ ~ 7/7S'-L ~ ~ GMAC MO?2TG1~OE, LLC . CUMBERLAND COUNTY Plaintiff, . ti'• COURT OF COMMON PLEAS CLYDE E. MILLER CIVIL DIVISION LYNNE D. MILLER . NO. 09-1935 CIVIL TERM Defendant(s). 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 ,110 BOYER STREET, SUMMERDALE, PA 17093-8020 . 1. Name and address of Owner(s) or reputed Owner(s): Name CLYDE E. MILLER LYNNE D. MILLER Address (if address cannot be reasonably ascertained, please indicate) 110 BOYER STREET SUMMERDALE, PA 17093-8020 80 WINTER LANE ENOLA, PA 17025 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 None Address (if address cannot be reasonably ascertained, please indicate) 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: Nam~• 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 110 BOYER STREET SUMMERDALE, PA 17093-8020 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 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true c ect to the best of my personal knowledge or information and belief. I understand that fal stateme s herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn fals' icatio authorities. May 18, 2009 DATE DANIEL G. SCHN~I,F.fa!ESQUIRE Attorney for Plaintiff r r GMAC MORTGAGE, LLC Plaintiff, v. CLYDE E. MILLER LYNNE D. MILLER Defendant(s). TO: CLYDE E. MILLER 110 BOYER STREET SUMMERDALE, PA 17093-8020 May 18, 2009 ,;~„ CUMBERLAND COUNTY No. 09-1935 CIVIL TERM LYNNE D. MILLER 80 WINTER LANE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 110 BOYER STREET, SUMMERDALE, PA 17093-8020, 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 $127,228.16 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 piece or tot of ground situate in the Township of East Pennsboro, in the County of Cumberland, the State of Pennsylvania, being Lot Number 82, Section 'C', in the Plan of Summerdale, Pennsylvania, as recorded in the Office for the Recording of Deeds in and for the County of Cumberland, at Carlisle, Pennsylvania, in Plan Book Number 1, Page 44 (Revised Plan Book Number 2, Page 109) being more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeastern corner of Lot Number 83, said point being on the North side of Boyer Street; thence, in a Northerly direction along the line dividing Lots Nu-nbers 82 and 83, a distance of One Hundred Fifty (150) feet, to a point on the South side of a hvelve (12) feet wide alley; thence, in an Easterly direction along the South edge of said twelve (12) feet wide alley, a distance of Fifty (50) feet, to a point on the South side of said twelve (12) feet wide alley, said point also being the Northwest corner of Lot Number 81; thence in a Southerly direction along the line dividing Lots Numbers 81 and 82, a distance of One Hundred Fifty (150) feet, to a point on the North side of Boyer Street, said point also being the Southwest corner of Lot Number 81; and thence, in a Westerly direction along the North side of Boyer Street, a distance of fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected atwo-story frame dwelling house. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of--way of record. TITLE TO SAID PREMISES IS VESTED IN Clyde E. Miller and Lynne D. Miller, h/w, by Deed from Ronald E. Burger, Sr. and Beverly A. Burger, h/w, dated 01/06/1995, recorded 01/09/1995 in Book 117, Page 345. PREMISES BEING: 110 BOYER STREET, SUMMERDALE, PA 17093-8020 PARCEL NO. 09-11-3004-044 control # 09000108 GMAC MORTGAGE, LLC ' Plaintiff, v. CLYDE E. MILLER LYNNE D. MILLER Defendant(s). CUMBERLAND COUNTY No. 09-1935 CIVIL TERM SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1935 CIVIL TERM GMAC MORTGAGE, LLC vs. CLYDE E. MILLER and LYNNE D. MILLER owners of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 110 BOYER STREET, SUMMERDALE, PA 17093-8020 PARCEL NO. 09-11-3004-044 control # 09000108 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-1935 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC., Plaintiff (s) From CLYDE E. MILLER AND LYNNE D. MILLER (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 $127,228.16 L.L. $.50 Interest FROM 5/6/2009 - 9/2/2009 (PER DIEM - $21.20) - $2,544.00 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $191.80 Other Costs Plaintiff Paid Date: MAY 21, 2009 urtis R. Lon on ry (Seal) By: Deputy 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 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as, 110 Boyer Street, Summerdale ,more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 Gd~~O~~.--, Real Estate Coor inator .. ~J ... L. ~ .. .. ,. fhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~Ile~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Bale No. 63 Writ No. 2009-1935 Clvll Term ' tiMAC Mortgage, LLC vs. Clyde E. Miller . Lynne D. Miller Atty: panlel Schmleg , SHORT DESCRIPTION By virtue of a Writ of Execution No: 09-1935 CIVIT,17iRM GMAC MORTGAGE, LLC vs. CLYDE E. MII,LER and LYNNE.D.,M]I.LER owners of property situate m the TOWNSHIP OF EAST PENNSBO130, Cumberland County, Pennsylvania, being (Ma4icipality)110 BOYER STREET; SUMbIERDALE, PA 17093-8020 PARCEL N0. 09-I1-3004-044 control 09000108 (Acreage or street address) Improvements thereon; RESIDENTIAL DWELLING This ad ran on the date(s) shown below: Sworn to d subscribed before - --L~it,,c~~' 07/24/09 07/31 /09 08/07/09 Qf August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA (~~Notarial Seal Sherrie L ICisner, Notary Public a City Of !iarrisburg; Dauphin Courtty A My Commission Expin3s Nov. Z6, 2011 9Uember, Pennsylvania Association of Notaries 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 ESTATE SALE NO. 63 Writ No. 2009-1935 Civil GMAC Mortgage, LLC ~S. Clyde E. Miller Lynne D. Miller Atty.: Daniel Schmieg SHORT DESCRIPTION Owners of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 110 BOYER STREET, SUM- MERDALE, PA 17093-8020. PARCEL NO. 09-11-3004-044 control 09000108. Improvements thereon: RESIDEN- TIAL DWELLING. lsa Marie Coyne, Editor SWORN TO AND SUBS/CRIBED before me this 7 da of Au ust 2009 Notary , NOTARIAL SEAL DEBORAH A COLLINS Nc!ory Public CARLISLE BORO, CUMBERLAND COUNN ~ ~i"y'1y Ccmmisslon Expires Apr 28, 2010