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Home My WebLink About09-4420Cj 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 +-Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 209744 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. SHANNON BECHTOLD MICHAEL D. HADAWAY 235 HUNTERS ROAD NEWVILLE, PA 17241-9422 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM l"1 VI NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 209744 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 #: 209744 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: SHANNON BECHTOLD MICHAEL D. HADAWAY 235 HUNTERS ROAD NEWVILLE, PA 17241-9422 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR ARLINGTON CAPITAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1857, Page 1215. 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 #: 209744 6. 7 8 The following amounts are due on the mortgage: Principal Balance $160,801.64 Interest $7,296.30 11/01/2008 through 06/30/2009 (Per Diem $30.15) Attorney's Fees $1,325.00 Cumulative Late Charges $798.87 03/10/2004 to 06/30/2009 Property Inspections $11.25 Cost of Suit and Title Search $750.00 Subtotal $170,983.06 Escrow Credit $0.00 Deficit $849.39 Subtotal $849.39 TOTAL $171,832.45 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 #: 209744 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 $171,832.45, together with interest from 06/30/2009 at the rate of $30.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 209744 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey made by Thomas A. Neff, R.S., on July 23, 1981. BEGINNING at a point in Township Road T-414 at the southwest corner of lands now or formerly of Kenneth L. Sollenberger and Joann L. Sollenberger, his wife; thence by lands now or formerly of Kenneth L. Sollenberger and Joann L. Sollenberger, his wife, South 61 degrees 33 minutes 21 seconds East 240 feet passing through an iron pin that was placed 21.67 feet from the point of beginning, to an existing iron pin; thence by the same, North 28 degrees 14 minutes 05 seconds East 140.05 feet to an existing iron pin; thence by the lands now or formerly of Alfred Gaisler along a fence line South 60 degrees 38 minutes 34 seconds East 198.75 feet to an iron pin; thence by the same, and along a fence line, South 09 degrees 13 minutes 46 seconds West 804.45 feet to an existing iron pin; thence by the land now or formerly of James B. Seitz, North 83 degrees 36 minutes 57 seconds West 260.7 feet to a point in Township Road 414, passing through an existing iron pin, that is 20.48 feet from a point in the said Township Road; thence by the said Township Road, North 24 degrees 17 minutes 18 seconds West 109.68 feet to a spike in the said Township Road at the lands now or formerly of Frank E. Burkholder and Doris J. Burkholder, his wife; thence by the same South 50 degrees 30 minutes 08 seconds East 91.53 feet to an existing iron pin; thence by the same South 86 degrees 33 minutes 40 seconds East 95.90 feet to an existing iron pin; thence by the same North 07 degrees 58 minutes 05 seconds East 277.34 feet to an existing iron pin; File #: 209744 Thence by the same South 74 degrees 24 minutes 05 seconds West 228.36 feet to a spike set in the said township road; thence by the said road, North 04 degrees 26 minutes 57 seconds East 92.20 feet to a spike in the said road at the lands, now or formerly of John E. Wilson and Alice M. Wilson, his wife; thence by the same North 87 degrees 40 minutes 59 seconds East passing through an iron pin near to the said road a distance of 210 feet to an iron pin; thence by the same North 06 degrees 5 minutes 59 seconds East 210 feet to an existing iron pin; thence by the same South 87 degrees 40 minutes 59 seconds West 210 feet to a point in the said township road passing through an existing iron pin, which is 16.4 feet from the said road; thence by the said township road North 06 degrees 05 minutes 59 seconds East 68.43 feet to a spike in the said township road; thence North 63 degrees 21 minutes 26 seconds East 32.67 feet to an iron pin; thence North 17 degrees 08 minutes 21 seconds West 231.03 feet to a point in the said road, the point and place of BEGINNING. Excepting therefrom, premises which Mary C. Burkholder conveyed unto James B. Seitz and Kathryn E. Seitz, his wife, by deed dated May 14, 1991 and recorded May 22, 1991 in Record Book C, Volume 35, Page 975. PARCEL NO. 15-06-0033-035 PROPERTY BEING: 235 HUNTERS ROAD File #: 209744 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. 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. DATE: D ttorney for laintiff File #: 209744 L ??J .. r.,? ?,r?r ,. ? ,,.. 2G?'? ?? .. -? -. ?' ?? UViv. t?.' _ .,...1 . ? + `? ??7?.sv ??`1 C? Ic ?- ?o?? ??% d C??- a'? 7?1 ?/ ? Sheriffs Office of Cumberland County R Thomas Kline Sheri .,.? :. . anti ? Qt 11t1b?r Ronny R Anderson "t Aj Chief Deputy` Jody SSmith Civil Process Sergeant Edward L Schorpp Solicitor GMAC Mortgage, LLC Case Number vs. 2009-4420 Shannon Bechtold SHERIFF'S RETURN OF SERVICE 07/17/2009 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: Shannon Bechtold, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Shannon Bechtold. Request for service at 235 Hunter Road Newville, PA 17241 appears vacant with a for sale sign in yard. The Newville Postmaster has advised the defendant's mail is delivered to address given. A possible address for the defendant is 65 Taylor Road York Haven, PA 17370. 07/17/2009 01:55 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 to wit: Michael D. Hadaway, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael D. Hadaway. Request for service at 235 Hunter Road Newville, PA 17241 appears vacant with a for sale sign in yard. The Newville Postmaster has advised the defendant's mail is delivered to address given. A possible address for the defendant is 65 Taylor Road York Haven, PA 17370. SHERIFF COST: $64.80 July 17, 2009 SO ANSWERS, ?.I j?ORR THOMAS KLINE, SHERIFF 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. SHANNON BECHTOLD MICHAEL D. HADAWAY Defendant(s) PHS #: 209744 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4420 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Att ey for Plaintiff By. [D L ence T. Phelan, sq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-10-09 PHS #: 209744 r? VERIFICATION JOA A) ?? ? ?? hereby states that he/she is I- ? V of GMAC MORTGAGE, LLC, servicing agent for Plaintiff 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 fals}fication to authorities. DATE: 7A-010? Title: John Koff UAftd ftft Officer Company: GMAC MORTGAGE, LLC File #: 209744 Bechtold .. ? ?t; . ... 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. SHANNON BECHTOLD MICHAEL D. HADAWAY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4420 : CUMBERLAND COUNTY Defendant(s) 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: SHANNON BECHTOLD 235 HUNTERS ROAD NEWVILLE, PA 17241-9422 MICHAEL D. HADAWAY 235 HUNTERS ROAD NEWVILLE, PA 17241-9422 Phelan Hallinan & Schmieg, LLP Att orn for Plaintiff By: ? La ce T. Phelan, sq., Id. No. 32227 ? Fran s 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 [:ZheeRt. Shah-Jani, Esq., Id. No. 81760 Jemne . Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-10-09 OF THE 2CC9 A'J,?3 12 F It 1: 2 u i ?.,; 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 vzeetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. SHANNON BECHTOLD MICHAEL D. HADAWAY Defendants CUMBERLAND COUNTY No. CIVIL-09-4420 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMII, LLP By: Lawrence T. Phel squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,--Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date: August 25, 2009 /mxp, Svc Dept. File# 209744 CC? FILF -? t.« OF THE F l- r ? `\!,) icy j*s 1: 14 i 2009 AUG 27 ' ' to.oo PO ATIN ,V gyytotO WIT* a IN 88O Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor r` GMAC Mortgage, LLC vs. Shannon Bechtold 209 NT -9 Pik 3, 36 ck ?'v 1 Case Number 2009-4420 SHERIFF'S RETURN OF SERVICE 08/28/2009 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: Shannon Bechtold, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/28/2009 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: Michael D. Hadaway, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 09/21/2009 06:45 PM - York County Return: And now September 21, 2009 at 1845 hours I, Richard P. Keuerleber, Sheriff of York 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: Michael D. Hadaway by making known unto himself pesonally, at 65 Taylor Road York, PA 17370 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/21/2009 06:45 PM - York County Return: And now September 21, 2009 at 1845 hours I, Richard P. Keuerleber, Sheriff of York 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: Shannon Bechtold by making known unto Michael D. Hadaway, adult in charge at 65 Taylor Road York, PA 17370 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 October 08, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. SHANNON BECHTOLD MICHAEL D. HADAWAY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-4420 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 SHANNON BECHTOLD, and MICHAEL D. HADAWAY, 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 $171,832.45 Interest - 07/01/2009 to 10/28/2009 TOTAL $3,618.00 $175,450.45 I hereby certify that (1) the Defendants' last known address is 65 TAYLOR ROAD, YORK, PA 17370, and mortgaged premises located at 235 HUNTERS ROAD, NEWVILLE, PA 17241-9422, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire ??idrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / /,Q kit Pxs # 209744 PROTHO TA Y Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. SHANNON BECHTOLD MICHAEL D. HADAWAY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-4420 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the 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 SHANNON BECHTOLD is over 18 years of age and last known address is 65 TAYLOR ROAD, YORK, PA 17370, and mortgaged premises located at 235 HUNTERS ROAD, NEWVILLE, PA 17241-9422. (c) that defendant MICHAEL D. HADAWAY is over 18 years of age and last known address is 65 TAYLOR ROAD, YORK, PA 17370, and mortgaged premises located at 235 HUNTERS ROAD, NEWVILLE, PA 17241-9422. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? urtenay R. Dunn, Esq., Id. No. 206779 Q C. drew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-4420 SHANNON BECHTOLD CUMBERLAND COUNTY MICHAEL D. HADAWAY Defendant(s) TO: SHANNON BECHTOLD 65 TAYLOR ROAD YORK, PA 17370 DATE OF NOTICE: October 14, 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 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 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. PHS # 209744 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: a,,I8I_-MC/d-tAkAAAA-0,d,6r- Lawj,Wce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 209744 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-4420 SHANNON BECHTOLD CUMBERLAND COUNTY MICHAEL D. HADAWAY Defendant(s) TO: MICHAEL D. HADAWAY 65 TAYLOR ROAD YORK, PA 17370 DATE OF NOTICE: October 14, 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 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 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. PHS # 209744 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 c By. -- Lawr ce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 209744 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-4420 SHANNON BECHTOLD CUMBERLAND COUNTY MICHAEL D. HADAWAY Defendant(s) TO: MICHAEL D. HADAWAY 235 HUNTERS ROAD NEWVILLE, PA 17241 DATE OF NOTICE: October 14, 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. IlfORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 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 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. PHS # 209744 Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: _ c La ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 209744 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-09-4420 SHANNON BECHTOLD CUMBERLAND COUNTY MICHAEL D. HADAWAY Defendant(s) TO: SHANNON BECHTOLD 235 HUNTERS ROAD NEWVILLE, PA 17241 DATE OF NOTICE: October 14, 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 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 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. PHS # 209744 Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: Lawr ce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 209744 RIEQ-(YRCE OF THE PROTHONOTARY 2009 OCT 29 AM 10= 23 r'rdi`uYL','i-•fr y. $t+.co Po ATM ?? 8td?za3 ? ?3a7 i l lao cea, (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS SHANNON BECHTOLD MICHAEL D. HADAWAY 65 TAYLOR ROAD, YORK, PA 17370 : CIVIL DIVISION : No. CIVIL-09-4420 Notice is given that a Judgment in the above captioned matter has been entered against you on p /,29 /09 By: DEPUTY If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? urtenay R. Dunn, Esq., Id. No. 206779 Q Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOVSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** v ' .' AFFIDAVIT OF SERVICE C % ~' ~-:~ PLAINTIFF GMAC MORTGAGE, LLC CUMBERLAND COUIVT'Y i 1 No. CIVIL 09-4420 =_ ~ µ ~._ '' ~ ~' DEFENDANT(S) SHANNON BECHTOLD _ ~~ •~ ~~ -r~ ('Try MICHAEL D. HADAWAY PHS #209744 ~' ~ ~ ' ~ n SERVE SHANNON BECHTOLD AT: Type of Action :- ` -- - _~ ! 65 TAYLOR ROAD -Notice of Sheriff's Sale{i '~ YORK, PA 17370 ~ C~ =- Sate Date: MARCH 3, 2010 SERVED Served and made known to ShA%u~/ ~~TOC.~ ' ,Defendant, on ~// the y'Y' day oP'., 20dd, at 1; 30 , o'clock ~.m., at 6j ~y~c~z. 2oR-D . ~oiK-- /~i4 ,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 Defendants}'s company. Other: ~ ~~~ ~ Description: Age 3 Height S 7 " Weight /547 ` Race ~ Sex ~ Other I~s~k-JM•*~s ~~r+~ , 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 Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subscribed DENNIS C HUGER before me this rtit day trotatry Public of ~~. N~~~ ,296-~~0 . ~ ALLENTOWN CITY, LEHIGH COUNTY Notary: ~ j , ~~^ By; My Commission Expires May 6, 2013 PLEASE ATTEMPT SERVICE AT ST TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unlmown No Answer Vacant 15t Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 . Notary: By;_ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 AFFIDA VIT OF SERVICE PLAINTIFF GMAC MORTGAGE, LLC CUMBERLAND COUNTY No. CIVIL, 09-4420 C~ ^~ __• DEFENDANT(S) SHANNON BECHTOLD ~-_ MICHAEL D. HADAWAY PHS #209744 ~" `~ s c-- -`' ,, ; ..~ ~ _. -- -~ .. f= SERVE MICHAEL D. HADAWAY AT: Type of Action ' ~ _ ~~ ~-~` 65 TAYLOR ROAD -Notice of Sheriff's Sam '' -~ ` ~ ~' i YORK, PA 17370 ~' - - Sale Date: MARCH 3, ~1~ _ .° ~ k ~' SERVED Served and made known to _n^ sc/~c~ ~• ,q~itrry -~'; ,Defendant, on the 1`~ day of ~~~~~ ~? 20~ at /:3d ,o'clock ~.m., at GS' T~/o,~ 2or~ /o,,j~ ~q- /370 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ~_Adult family member with whom Defendant(s) reside(s). Name and Relationship is w/F~- o~r~=- S ~~~~ ~~ ~c~ 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: ~-~ ~ i C } Description: Age ~~ Height '7 ' Weight ~- Race l.aJ Sex _~ Other I,~~rs. l~i,,.,,rt ~, w~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 Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subs~bed DENNIS C HUGER befo~r{e me this _~ day Noury Public of c\ INV~ts! .~„~.~tp , ALLENTOWN CITY, LEHIGH COUNTY Not _ -_-~- ~ My Commission Expires May 6, 2013 ~''..1~ . 1.~-- - .: By: .. PLEASE ATTEMPT SERVICE AT ST IMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the day of NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer ls` Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: By: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Subwban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 i:iw ~__ -- ~~ -_ JAN 2 7 2010~j 2~IU ~r~i~ L~~a ~~i'I .''• l,'1 a^•~ P'(r ~,a Va ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff v. SHANNON BECHTOLD MICHAEL D. HADAWAY Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-4420 Defendants RULE AND NOW, this day of ~ 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffls Motion to Reassess Damages. Rule Returnable n Col ~rb,P f`„mhPrlanCl ount~ ('nLrthnucP, ~'.lY~1C~P, PPnnx, BY THE COURT ~Td I.LL.cJtic.~ J. . ~~ ~U l ~S /rta`Ll ~/a4/rte l ~r~l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ff : '«> ; , K ~iQRTGAGE, LLC , CUMBERLAND COUNTY : s COURT OF COMMON PL~1S ~ . C O ~~ 'rl CIVIL DIVISION ~ ~ rn ~ T - -n ni . `~ 1 i ~ 13ECHTOLD : _ -r - Ca r- F 8 }. HADAWAY No. CIVIL-09-4420 v~ ~`' t ~ Q ~~~., - ~~ to p `y ~'; AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~~ ~ ~"' ~,'.~~~!~tiVEALTHOFPENNSYLVANIA ) rv 1 r ~~ ~:I~LAND COUNTY ) SS: '~ ~ ~ duired by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders ~~ =nay ~~~wn interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of -=~k.~ Syr parties named, at that address, set forth on the Affidavit and as amended if . slr~<~ ;~. copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return : -=;.el~~E~ed by the U.S. Postal Service is attached hereto Exhibit "A". ~ li ldo awrence T`Phelan, Esq., Id. No. 3 227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff o- ~ ~;' ~ ~ ^ti'C NOTICE: This property is sold at the direction of the plaintiff. It may not ~,;, En~c:~ ~-~ the absence of a representative of the plaintiff at the Sheriff s Sale. The sale ~~ °~~ ~.~c~~tponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~ ,. j.. 0 0 ~t .~ .~ a~ J ,O f~Q W ~ G 2 ~ ~ a Q ~ z ~, J C QU 2 a g° a0 r 'd t d ~ N t m ~ d ZQC d1 ~000 d C N E~a~ LL v cij; S'~ c c 7 U d y ~ ' ~ 2 R ~ E a~rn m ~ ~, R ~+ .. F .-. C y j _ ~ ~ p! O U O E ~ c 0 `O a - ~~~s°= ti . od~z woa~ a3ubw £OL6L 3~4 LL,.,9rsZtlZg000 ~ 600 ` U£' ~ -NL Z 0 ~ , h~ ~° ~ N E ~'N E~n_ Y G ~~d ~ 1 ` ° aF ~ n xx Ctii ~ ~- ~~ ' Q 0`3 ~ ~ ~ ~~ ~( 1.SpdS~' m mc3~E~ m w d II~~ 1 J~ a~ y N 7 a C O J O ? N O .E N ~ t6 ~ M N C E a s /a ornov~ ~1 C ~ F (O 0~ 0E = 0 O' C ~p ~d U ~ O O N II d N C '?o~~ E o ~ ~ ~ y ~ N ~ y ~ ~ N (7 « n C 6i 7 °°o~c Z a ~Oa~~ '''~O E o a~ ~°. o •~ O F`~.w~o w d U O ~ ' ~ Z > d ~ o d ,~ m E p a: ~ ~ ~ z " Z V a ~ -7 ~ p ~ o _ r+ W ~ W W W M a°w L N O ~ i~~44 W¢ ~ E-~ o ~j = ~ N ~ ¢ ~ ZE-ern ww-1 o ~1 ~3 Wr? M ~ Wa p M ~x o a' Q ~ H L o ~x¢ Q~oo ¢ ~ ~ ~ ~A ~ oy,wd v~3¢ w ~ .° O~w ~~~ U a ~ ~ o~ 3 V~~w ~~aw a M ~O o I C H a ~,..a~~ 0~N~ u~~~ A~W~ a z ~ ~z~ ~ ~~ ~ oa ~ Z W(~ w W N ~ Q ~Aa V ~U AV~U ~ ° F-~ Z V U e ~ ~ Z~ a~ ~ a m Q i N m N k ~ b ~ j J zy ' J 1 r- N M ~t In cD 1` OD rn ~ ~ ~ ~ ~ ~ ° a ,_,~; , Ny ~~~ „~_,~~,~T~Y ., , ,_,. 2ltld FE~3 -9 P,~ 3: p t C~~;, ,. 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 wren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff v. SHANNON BECHTOLD MICHAEL D. HADAWAY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-4420 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 29, 2010 Rule was sent to the following individual on the date indicated below. SHANNON BECHTOLD MICHAEL D. HADAWAY 235 HUNTERS ROAD NEWVILLE, PA 17241-9422 SHANNON BECHTOLD MICHAEL D. HADAWAY 65 TAYLOR ROAD YORK, PA 17370 & Schmieg, LLP DATE: °~ BY; U Lawrence T. Phelan, Esq., Id: N~227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele 1~I. Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ Sh al R. Shah-Jana, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Duran, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson '~ ~wFjl~-i~r=':~~~ Sheriff !fir ~- ~-^ ~ `."i -~~'raRY ~'~-{ _ ~ , ~~~~ti~r ~C ~u+takt~~l,~~,~ _ Jody S Smith , r Chief Deputy ~' ~ `~ °'~ ~d~Q JAL ` ~ ~~'i ~~~ i ~~ Edward L Schorpp ~~#` ~~- SOIICItOr QFFICE 'T~sE&~~RIFF `+~.:~v+~.., :r-,; ',~t..~~J~,Z{~ GMAC Mortgage, LLC Case Number vs. Shannon Bechtold (et al.) 2009-4420 SHERIFF'S RETURN OF SERVICE 12/28/2009 11:41 AM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1140 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael D. Hadaway & Shannon Bechtold, located at, 235 Hunters Road, Newville, Cumberland County, Pennsylvania according to law. 02/22/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shannon Bechtold, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now the, 8 day of January 2010, served the within Real Estate Writ, Notice of Sale and Description upon Shannon Bechtold, the defendant, by making known unto Michael Hadaway, spouse and adult in charge at 65 Taylor Road, York, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Todd Stahl, Deputy Sheriff of York County, Pennsylvania. 02/22/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael Hadaway, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now the, 8 day of January 2010, served the within Real Estate Writ, Notice of Sale and Description upon Michael Hadaway, the defendant, by making known unto Michael Hadaway, personally, at 65 Taylor Road, York, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Todd Stahl, Deputy Sheriff of York County, Pennsylvania. 03/03/2010 Ronny R. Anderson, 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 March 3, 2010 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, 8200 Jones Branch Drive, Mail Stop, 202, McClean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 892.22 SHERIFF COST: $892.22 SO ANSWERS, March 22, 2010 RON R ANDERSON, SHERIFF (cl Goun!ySuite Shentt. Teleo=_oft. Inc. l~~ 7~~5/~ /_ ~~r/ ~y •~ GMAC MQRTGAGE, LLC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. ' NO. CIVIL 09-4420 SHANNON BECHTOLD ' MICHAEL D. HADAWAY ~ CUMBERLAND COUNTY Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC ,Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 235 HUNTERS ROAD, NEWVILLE. PA 17241-9422 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) SHANNON BECHTOLD MICHAEL D. HADAWAY 65 TAYLOR ROAD YORK, PA 17370 65 TAYLOR ROAD YORK, PA 17370 2. Name and address of Defendant(s) in the judgment: SHANNON BECHTOLD 65 TAYLOR ROAD YORK, PA 17370 MICHAEL D. HADAWAY 65 TAYLOR ROAD YORK, PA 17370 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare MARY C. GROUSE C/O: LINDSAY D. BAIRD, ESQUIRE DONALD M. GROUSE C/O: SEAN M. SCHULTZ, ESQUIRE 235 HUNTERS ROAD NEWVILLE, PA 17241-9422 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 37 S. HANOVER STREET CARLISLE, PA 10713-3307 4 IRVINE ROW CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made. subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatiopp~~autltorities. November 23.2009 DATE ^ La enc T. Phelan, sq., Id. No. 32227 ^ F cis . Hallinan sq., Id. No. 62695 ^ Daniel Schm' ,Esq., Id. No. 62205 ^ Michele radford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No, 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 dJoshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff, v. SHANNON BECHTOLD MICHAEL D. HADAWAY Defendant(s). November 23, 2009 COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 09-4420 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SHANNON BECHTOLD 65 TAYLOR ROAD YORK, PA 17370 MICHAEL D. HADAWAY 65 TAYLOR. ROAD YORK, PA 17370 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TD COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 235 HUNTERS ROAD, NEWVILLE, PA 17241-9422, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $175,450.45 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 ex-1230. 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL 09-4420 GMAC MORTGAGE, LLC vs. SHANNON BECHTOLD MICHAEL D. HADAWAY owner(s) of property situate in the LOWER MIFFLIN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 235 HUNTERS ROAD, NEWVILLE PA 17241-9422 Parcel No. 15-06-0033-035. and 15-06-0033-035./02 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $175,450.45 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 r LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey made by Thomas A. Neff, R.S., on July 23, 1981, to wit: BEGINNING at a point in Township Road T-414 at the southwest corner of lands now or formerly of Kenneth L. Sollenberger and Joann L. Sollenberger, his wife; thence by lands now or formerly of Kenneth L. Sollenberger and Joann L. Sollenberger, his wife, South 61 degrees 33 minutes 21 seconds East 240 feet passing through an iron pin that was placed 21.67 feet from the point of beginning to an existing iron pin; thence by the same, North 28 degrees 14 minutes 5 seconds East 140.05 feet to an existing iron pin; thence by the lands now or formerly of Alfred Gaisler along a fence line South 60 degrees~38 minutes 34 seconds East 198.75 feet to an iron pin; thence by the same, and along a fence line, South 9 degrees 13 minutes 46 seconds West 804.45 feet to an existing iron pin; thence by the land now or formerly of James B. Seitz, North 83 degrees 36 minutes 57 seconds West 260.7 feet to a point in Township Road 414 passing through an existing iron pin that is 20.48 feet from a point in the said township road; thence by the said township road, North 24 degrees 17 minutes 18 seconds West 109.68 feet to a spike in the said township road at the lands now or formerly of Frank E. Burkholder and Doris J. Burkholder, his wife; thence by the same South 50 degrees 30 minutes 8 seconds East 91.53 feet to an existing iron pin; thence by the same South 86 degrees 33 minutes 40 seconds East 95.90 feet to an existing iron pin; thence by the same North 7 degrees 58 minutes 5 seconds East 277.34 feet to an existing iron pin; thence by the same South 74 degrees 24 minutes 5 seconds West 228.36 feet to a spike set in the said township road; thence by the said road, North 4 degrees 26 minutes 57 seconds East 92.20 feet to a spike in the said road at the lands now or formerly of John E. Wilson and Alice M. Wilson, his wife; thence by the same North 87 degrees 40 minutes 59 seconds East passing through an iron pin near to the said road a distance of 210 feet to an iron pin; thence by the same North 6 degrees 5 minutes 59 seconds East 210 feet to an existing iron pin; thence by the same South 87 degrees 40 minutes 59 seconds West 210 feet to a point in the said township road passing through an existing iron pin which is 16.4 feet from the said road; thence by the said township road North 6 degrees 5 minutes 59 seconds East 68.43 feet to a spike in the said township road; thence North 63 degrees 21 minutes 26 seconds East 32.67 feet to an iron pin; thence North 17 degrees 8 minutes 21 seconds West 231.03 feet to a point in the said road, the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Michael D. Hadaway and Shannon Bechtold, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Donald M. Crouse, Jr. and Mary C. Crouse, h/w, dated 02/09/2004, recorded 03/17/2004 in Book 262, Page 440. PREMISES BEING: 235 HUNTERS ROAD, NEWVILLE, PA 17241-9422 PARCEL NO. 15-06-0033-035. and 15-06-0033-035./02 ' , ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4420 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 SHANNON BECHTOLD AND MICHAEL D. HADAWAY (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 $175,450.45 L.L. $.50 Interest FROM 10/29/2009 - 03/03/2010 (PER DIEM - $29.24) - - $3,684.24 Atty's Comm % Due Prothy $2.00 Atty Paid $246.80 Other Costs Plaintiff Paid Date: NOVEMBER 25, 2009 (Seal) REQUESTING PARTY: Name JOSHUA I. GOLDMAN, 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 Lepury Telephone: 215-563-7000 Supreme Court ID No. 205047 On December 1, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered, 235 Hunters Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2009 By: / . ~ ~-~ .Real Estate Coordinator r ~~7~~, ~~~~ ~~ \\ ',.~ ` ''t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 3RD day of MARACH A.D., 2010, under and by virtue of a writ Execution issued on the 25 day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4420, at the suit of GMAC MTG LLC against SHANNON VECHROLD MICHAEL D HADAWAY is duly recorded as Instrument Number 201017500. IN TESTIMONY WHEREOF, I have hereunto set my hand Reeeulyd0~0~1A~r~*al~l~ M~-tb~lon 6~Uw~R~tYo~d~ria~N and seal of said office this f day of A.D. ~ b ~ ~ ~1 aMwA+~ ~1n-~l+~A+4~A~+ae~,~+yR,rtroy~»'` PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Mane Coyne, E ' or Writ llo. 1009-4420 Civil GMAC Mortgage, LLC vs. Shannon Bechtold Michael D. Hadaway Atty: Lauren Tabas By virtue of a Writ of Execution No. CIVIL 09-4420, GMAC MORT- GAGE, LLC va. SHANNON BECH- TOLD, MICHAEL D. HADAWAY, owner(s) of property situate in the LOWER MIFFLIN TOWNSHIP, Cum- berland County, Pennsylvania, being (Municipality) 235 HUNTERS ROAD, NEWVILLE, PA 17241-9422. Parcel No. 15-06-0033-035. and 15-06-0033-035./02. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $175,450- .45. PROPERTY ADDRESS: 235 Hunt- ers Road, Newville, PA 17241. SWORN TO AND SUBSCRIBED before me this 5 day of February. 2010 Notary NOiARIAI SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 The Patriot-Nevr~s Co. 812 Market 5t. Harrisburg, PA•17101 Inquiries - 717-255-8213 1 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cZhe ~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Docket Number: 2009-44~ Civil 01 /22/10 Term GMAC Mortgage, LL~ , J _ 01 /29/10 vs f ~ 02/05/10 Shannon Becht ~~- ~ / Michael D. Hadawa~,` Atty: Lauren Taba~~ /~~~~~ ... ........... . ~ .. ... By virtue of a Writ of Execution No;~VIi, 09- ~ aazo Sworn to and ubscribed before me this 24 of Februa 2010 A.D. GMAC MORTGAGE, LLC ~ Y, ry~ vs. - s ~HANNON$ECHTOLD ~ ~ / ~ ~~ ~ ~~" ,- MICHAEL D. HADAWAY ,, ~ , l \_ ~ ~ ~ ~ t_ ~ ` ~ ~~ E_-~ t \ __.__---_ __ owner(s) of property. situate itk the,'£OWER Notary Public M~IFPLIN TOWNSHIP, Camberland;~ounty, Pennsylvania, being. (Mu~e}P~ty) COMMONWEALTH OF PENNSYLVANIA 235 HUNTERS ROAD, NEWVII PA NOtariai Seal 17241-9422 Si~efrie i.., iCisner, Nt~tary Public Pazcel No. 15-06-0033-035. and 15-06-0033- C~ ~ g.laRjg~ty, pauphin Courtly 035.!02 (Aaeage or street address) My t:,ofrxnissiore F-xplrga Nov Z6, 2011 Improvements thereon: RESIDENTIAL Member, Pennsylvania AssoClation of Notaries DWELLING NDGMENTAMOUNT: $175,450.45 PROPERTY ADDRESS: 235 Hunters Road, Newville, PA 17241