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HomeMy WebLinkAbout09-6442Phelan 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 v-fenine 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 Counenay 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 216969 GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 v. Plaintiff JANE M. TURNBAUGH 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. bQ - why a e4- v i l berm CUMBERLAND COUNTY File #: 216969 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 #: 216969 1. Plaintiff is GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION 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: JANE M. TURNBAUGH 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/19/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1546, Page 589. By Assignment of Mortgage recorded 07/03/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 648, Page 305. 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 06/01/2009 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 #: 216969 6. The following amounts are due on the mortgage: Principal Balance $60,207.69 Interest $1,686.30 05/01/2009 through 09/23/2009 (Per Diem $11.55) Attorney's Fees $1,325.00 Cumulative Late Charges $106.44 05/19/1999 to 09/23/2009 Property Inspections $22.50 Non Sufficient Funds Charge $60.00 Cost of Suit and Title Search 750-00 Subtotal $64,157.93 Escrow Credit $0.00 Deficit $0.00 Subtotal ULM TOTAL $64,157.93 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in hers,- onam 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 #: 216969 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Plaintiff hereby releases Steven C. Turnbaugh from liability for the debt secured by the mortgage. 11. By virtue of the death Steven C. Turnbaugh on 12/12/2008, Defendant became the sole owner of the mortgaged premises as surviving tenant by the entireties or surviving tenant with right of survivorship. File #: 216969 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $64,157.93, together with interest from 09/23/2009 at the rate of $11.55 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: ? L ence T. Phelan, sq., Id. No. 32227 ? F cis S. Hallinan, sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ?? Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 216969 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue on the dividing line between Lots Nos. 40 and 41, in Block F, on the hereinafter mentioned Plan of Lots; thence North 09 degrees 30 minutes West along said dividing line 140.45 feet to a 15 foot wide alley; thence North 80 degrees 30 minutes East along the southern line of said alley 45 feet to a point; thence South 90 degrees 30 minutes Fast through Lot No. 39, Block F, on said Plan, 140.45 feet to Hummel Avenue; thence South 80 degrees 30 minutes West along the northern line of Hummel Avenue 45 feet to the point or Place of BEGINNING. BEING all of Lot No. 40 and the western 10 feet of Lot No. 39, in Block F, on Plan No. 1 of Riverton, now the Borough of Lemoyne, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40. BEING all of Lot No. 40 and the western 10 feet of Lot No. 39, in Block F, on Plan NO. 1 of Riverton, now the Borough of Lemoyne, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40. BEING IMPROVED with a two story brick dwelling house and two-car cement block stucco garage, being known as No. 915 Hummel Avenue, Lemoyne, Pennsylvania. File #: 216969 BEING THE SAME PREMISES which Laura B. Gage, single woman and Thomas E. Turnbaugh and Verna Tunbaugh, his wife by their Deed dated March 17, 1975 and recorded March 24, 1975 in Cumberland County Deed Book Z, Volume 25, Page 356, granted and conveyed to Jane M. Turnbaugh, single woman. PARCEL NO: 12-22-0824-036 PROPERTY BEING: 915 HUMMEL AVENUE, LEMOYNE, PA 17043 File #: 216969 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: 1 a ? Z A ey for Plaintiff File #: 216969 R F?_J_ v OF THE IF 2QC9 Sr: 2-j r'1 : 2 r +78.5o PO A7 l c1c* 9555ga 3 W aS( 041 Sheriffs Office of Cumberland County R Thomas Kline Sheriff tit G?rvut?rr{??? Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED-a,:,--j,-,E OF THE f? 0TH 1a0, TAAY 2099 OCT -5 AM 11:03 ear y PENN1 ''S,?`UvA:,4 ? °V1Y GMAC vs. Jane M. Turnbaugh Case Number 2009-6442 SHERIFF'S RETURN OF SERVICE 10/01/2009 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: Jane M. Turnbaugh, 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 Jane M. Turnbaugh. Request for service at 915 Hummel Avenue Lemoyne, PA 17043 is vacant. The Lemoyne Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. SHERIFF COST: $47.40 October 01, 2009 SO ANSWERS, R 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION Plaintiff VS. JANE M. TURNBAUGH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6442-CIVIL-TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 216969 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? L ence . Phelan, Esq., I .o. 2227 ? 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 Date: 10-26-09 PHS #: 216969 i VERIFICATION John Kerr, Limited Signing Officer hereby states that he/she is 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 uns rn si cation to authorities. ,f ' Name: DATE: C 5641 -Z ?oo Cj Title jon , United Signing Officer Company: GMAC MORTGAGE, LLC File #: 216969 Tumbaugh 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 F/K/A GMAC MORTGAGE CORPORATION Plaintiff VS. JANE M. TURNBAUGH Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6442-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: PHS #: 216969 JANE M. TURNBAUGH 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Elew-rence T. Phelan, Esq., Id. No. 2227 ? 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 Date: 10-26-09 PHS #: 216969 F11 FD--Or Fl";E F THE P? "H'P7ARY 2009 OCT 28 Fri 2: 4 8 utJ4 Vi 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 GMAC MORTGAGE, LLC F/K/A GMAC : MORTGAGE CORPORATION Plaintiff VS. JANE M. TURNBAUGH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 09-6442-CIVIL-TERM Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAJL N & SCHMIEG, LLP By: ' ? La n e T. Phel , Esq., Id. No. 32227 ? Fr cis . Hall' , Esq., Id. No. 62695 ? Daniel G. c ieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: November &?009 /cdf, Svc Dept. File# 216969 f" OF TH,- 2009 tiC'i 10 PH 12. 13 G i.,j# J \ ?Tj? tO. oo PQ, AT7-Y 010 8'74 1&1 d33 31'1 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 Attorneys for Plaintiff 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 F/K/A Court of Common Pleas GMAC Mortgage Corporation Civil Division VS. Cumberland County Jane M. Turnbaugh No. 2009-6442 Civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Jane M. Turnbaugh, by first class mail and certified mail to the Defendant at the mortgaged premises, 915 Hummel Avenue, Lemoyne, PA 17043-1738 and posting of the mortgaged premises, 915 Hummel Avenue, Lemoyne, PA 17043-1738 and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Jane M. Turnbaugh, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 915 Hummel Avenue, Lemoyne, PA 17043-1738. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the said premises is vacant. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as on November 6, 2009, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 6, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s November 6, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of November 5, 2009 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Jane M. Turnbaugh, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. PHELAN HALLINAN & SCHMIEG, LLP By: " - Lawrenc Llinan, lan, Esq. d. No. 32227 Francis . H E ., Id. No. 62695 Dani G. Sc sq., 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 lJoshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: November 6, 2009 5 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 Attorneys for Plaintiff 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 F/K/A Court of Common Pleas GMAC Mortgage Corporation Civil Division vs. Cumberland County Jane M. Turnbaugh No. 2009-6442 Civil MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 6 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. PHELAN HALLINAN & SCHMIEG, LLP By: L)'? . Phelan, q., Id. No. 32227 Franc* S. allinan, sq., Id. No. 62695 D G. Sc , 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: November 6, 2009 8 Sheriffs Office of Cumberland County R Thomas Kline Sheri y?tp Ai ?uu????,# Ronny R Anderson ? ?4? t14 Chief Deputy Jody S Smith Civil Process Sergeant 4FF11-E OF°t HE SwEFVFF Edward L Schorpp Solicitor GMAC vs. Jane M. Turnbaugh Case Number 2009-6442 SHERIFF'S RETURN OF SERVICE 10/01/2009 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: Jane M. Turnbaugh, 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 Jane M. Turnbaugh. Request for service at 915 Hummel Avenue Lemoyne, PA 17043 is vacant. The Lemoyne Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. SHERIFF COST: $47.40 October 01, 2009 SO ANSWERS, 7 R THOMAS KLINE, SWER' IFF FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 216969 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: Jane M. Turnbaugh Property Address: 915 Hummel Avenue, Lemoyne, PA 17043 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jane M. Turnbaugh - xxx-xx-0271 B. EMPLOYMENT SEARCH Jane M. Turnbaugh - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jane M. Turnbaugh reside(s) at: 915 Hummel Avenue, Lemoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Jane M. Turnbaugh reside(s) at: 915 Hummel Avenue, Lemoyne, PA 17043. On 10-22-09 our office made a telephone call to the subject's phone number (717) 763-4124 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 10-22-09 our office made several phone calls in an attempt to contact Linda Deegan (717) 731-0686,914 Hummel Avenue, Lemoyne, PA 17043: answering machine. On 10-22-09 our office made a phone call in an attempt to contact Trang Dieu (717) 233-0371, 909 Hummel Avenue, Lemoyne, PA 17043: spoke with an unidentified female who could not confirm that the subject reside(s) at 915 Hummel Avenue, Lemoyne, PA 17043. On 10-22-09 our office made a phone call in an attempt to contact Shaun Fry (717) 731-1390,914 Hummel Avenue, Lemoyne, PA 17043: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-22-09 we reviewed the National Address database and found the following information: Jane M. Tumbaugh - 915 Hummel Avenue, Lemoyne, PA 17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jane M. Tumbaugh. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-22-09 Vital Records and all public databases have no death record on file for Jane M. Turnbaugh. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jane M. Turnbaugh residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jane M. Tumbaugh - 01-01-1926 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my owledge, information and belief and that this affidavit of investigation is made subject to leyenaltl 4904 relating to unworn falsification to authorities. (iV 6L-4Q-'P? AFFIANT -Brendan Booth Full Spectrum Services, Inc. LISA 90W1.EEN Sworn to and subscribed before me this 23rd day of October, 2009. ID # 2388572 WA11YPUWQ Of WN JEW 8xpi<M?1 The above information is obtained from available public records and we are only liable for the cost of the affidavit IND N ?o ro a r' c N 7 N r ? ? o0 J r \a ? ? r N ? aF ? * ?, 3F ?. r ? y C M p?1? Oy 34 3 s y N tip W N ? n P- ?i I ? 3 w A (`no 'XG ? ? 'O n ? O w?^- .fl r03 ? b O N C?'+ O C•i n V n h O r??i `D o ? c 0 8 ? rwre a ? a. 7 0 a n =r w n ? > 'ts c.w Z ? a 'Z7 t . o e0 0 _ ? ? .-+ t0 Q. Qo °p v a- C?1 ? a as W ? ? C) n ?' a W co C N O y? l O ?G b w PON WfNCY ??yJFS 41.20 42 1M?! 46 2049 i 4444277255 1oi, GO17E Id1A?L?D FROtA -zip r Oppt1 4 `S +s , -A? -n PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail cynthia.fenn@fedphe.com Cynthia D. Fenn, Ext. 1560 Service Department Representing Lenders in Pennsylvania and New Jersey November 6, 2009 Jane M. Turnbaugh 915 Hummel Avenue Lemoyne RE: GMAC Mortgage, LLC F/K/A GMAC Mortgage Corporation vs. Jane M. Turnbaugh Premises Address: 915 Hummel Avenue, Lemoyne, , PA 17043-1738 Cumberland County, No. 09-6442 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 13, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, P", 1?n? ynthia D. Fenn For Phelan Hallinan & Schmieg, LLP 12 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Lawre e T Phelan, Es ., Id. No. 32227 Fran 's S. allinan, q., Id. No. 62695 Dan el G. Sc ,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 /loshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: November 6, 2009 9 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 Attorneys for Plaintiff 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 F/K/A Court of Common Pleas GMAC Mortgage Corporation Civil Division VS. Cumberland County No. 2009-6442 Civil Jane M. Tumbaugh CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. 10 Jane M. Tumbaugh: 915 Hummel Avenue Lemoyne, PA 17043-1738 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: LaAen Psq.,'Id. Id. No. 32227 FrId. No. 62695 DaNo. 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 Attorneys for Plaintiff Date: November 6, 2009 11 Ffi.FD--4'.')' ri E OF THE PP OTHCNOTAP.Y 2099 NOV 20 Phi 1: 02 r.;, j D'I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC FWA GMAC Mortgage Corporation vs. Jane M. Turnbaugh AND NOW, this ';?. q Civil Division No. 2009-6442 Civil ORDER day of .r , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jane M. Turnbaugh, by: 1. Posting of the premises: 915 Hummel Avenue, Lemoyne, PA 17043-1738 2. First class mail to Jane M. Turnbaugh at the mortgaged premises located at 915 Hummel Avenue, Lemoyne, PA 17043-1738 ; and 3. Certified mail to Jane M. Turnbaugh at the mortgaged premises located at 915 Hummel Avenue, Lemoyne, PA 17043-1738; and 4. Publication in accordance with PA. R.C.P. 430. BY H Cc: Jane M. Turnbaugh J. 915 Hummel Avenue Lemoyne, PA 17043 PHS# 216969 2 OF THE 2009 NO V 24 A?! f: 19 MI v 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 F/K/A GMAC MORTGAGE CORPORATION vs. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION JANE M. TURNBAUGH , No.09-6442-CIVIL-TERM 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 JANE M. TURNBAUGH, 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 $64,157.93 Interest - 09/24/2009 to 02/15/2010 $1,674.75 TOTAL $65,832.68 I hereby certify that (1) the Defendant's last known address is 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738, and (2) that notice has been given i o ce with Rule 237.1, copy attached. `,: Lawr .Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire / Vivek Srivastava, Esquire,/ Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~ 17/~D ~ PHS # 216969 PROTHONOTA 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION JANE M. TURNBAUGH No. 09-6442-CIVIL-TERM 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 JANE M. TURNBAUGH is over 18 years of age her last known residence is 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738. This statement is made subject to the penalties 18/ P~:S. Section 4904 relating to unsworn falsification to authorities. ,/ U Laa~ T. Phelan, Esq., Id. No. 32227 ^ Fr 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 ^ She al R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION Plaintiff v. JANE M. TURNBAUGH Defendant(s) TO: JANE M. TURNBAUGH 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 DATE OF NOTICE: February 1, 2010 COURT OF COMMON PLEAS CIVIL, DIVISON NO. 09-6442-CIVIL,-TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 WTI'HIN 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 IlVIPORTANT 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. PHS # 216969 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrenc . P elan, Esq., Id. No. 32227 Francis .Hal nan, Esq., . No. 62695 Danie G. Sch ieg, Es , Id. No. 62205 Michele M. Bra ,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~FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 216969 IN THE COURT OF COMMON PLEAS CUMBERLAND,COU~ITY, PENNSYLVANIA GMAC Mortgage, LLC F/K/A GMAC Mortgage Corporation Civil Division vs. No. 2009-6442 Civil Jane M. Turnbaugh ORDER AND NOW, this ~" ~~ day of ~ , 2009, upon consideration of Plaintiff s Motion fir Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jane M. Turnbaugh, by: 1. Posting of the premises: 915 Hummel Avenue, Lemoyne, PA 17043-1738 2. First class mail to Jane M. Turnbaugh at the mortgaged premises located at 915 Hummel Avenue, Lemoyne, PA 17043-1738 ;and 3. Certified mail to Jane M. Turnbaugh at the mortgaged premises located at 915 Hummel Avenue, Lemoyne, PA 17043-1738; and 4. Publication in accordance with PA. R.C.P. 430. BY Cc: Jane M. Turnbaugh 915 Hummel Avenue Lemoyne, PA 17043 PHS# 216969 J. r~c~~ ~oP~r ~~~~ ~~~~~ n Testimony whereof, I bete Unto set my tte.-~t ~~a the seal of said Court at Cariisieo ~. i tip ;Zy ~ - y ~~U~T~-' ,3 2 ~4'C~ i ~LLtI ~..1'. yi`J L.. zo~a~~~ E~ ~~~~if::~ ,~ ~l~~ gib l~l/ ~~ a3~~~i ~~~~ ~~~ (Rule of Civil Procedure No. 236) -Revised GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY vs. JANE M. TURNBAUGH COURT OF COMMON PLEAS CIVII, DIVISION No.09-6442-CIVIIrTERM Notice is given that a Judgment in the above captioned matter has been entered against you on _ /l7~~Q B ~~~ Y• B£~F~3~Y 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 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ Je a R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 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 THATPURPOSE. IF YOUHAT'E PREi~IOUSLYRECEIYED A DISCHARGE INBANSRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor GMAC, Inc. vs. Jane M. Turnbaugh ~~~„~~. ,t ~¢u~.1~Fr•~x~,~ r~~_ _ , ;. .. ~, _ _ ;,_ ... _: "r ~ ~ ~ y 28 AM,I 1~; ~ Ii r~., „ ' 1, a? ~' y ( F Case Number 2009-6442 SHERIFF'S RETURN OF SERVICE 04/06/2010 08:15 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 2015 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 Jane M. Turnbaugh, located at, 915 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania according to law 04/22/2010 04:06 PM -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: Jane M. Turnbaugh, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Jane M. Turnbaugh, defendant does not reside at address provided, did not leave a forwarding with the post office. 05/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/30/10 SHERIFF COST: $631.96 May 24, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a~~~a~~ l~Olli";'71J C4' c,: `f .~. E E'Js J'l. i1G GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION Plaintiff v. JANE M. TURNBAUGH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-6442-CIVIL-TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION, 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 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JANE M. TURNBAUGH 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 Address (if address cannot be reasonably ascertained, please so indicate) 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. 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 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6"' Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 8. 2010 By. ~ ~ n ~ ~~_~ Att - for Plaintiff - Ph an allinan &Schmieg, P ^ a rence T. Phelan, Esq., Id. No. 32227 ^ cis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J 'th T. Romano, Esq., Id. No. 58745 heetal 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 "1 GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE COURT OF COMMON PLEAS CORPORATION CIVIL DIVISION Plaintiff N0.09-6442-CIVIL-TERM vs. JANE M. TURNBAUGH CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE M. TURNBAUGH 915 HUMMEL AVENUE LEMOYNE, PA 17043-1738 * * THIS FIItM IS A DEBT `COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED -WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South. Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $65,832.68 obtained by GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6442-CIVIL-TERM GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION vs. JANE M. TURNBAUGH owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, (Municipality) Pennsylvania, being 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738 (Acreage or street address) Parcel No. 12-22-0824-036 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $65,832.68 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue on the dividing line between Lots Nos. 40 and 41, in Block F, on the hereinafter mentioned Plan of Lots; thence North 09 degrees 30 minutes West along said dividing line 140.45 feet to a 15 foot wide alley; thence North 80 degrees 30 minutes East along the southern line of said alley 45 feet to a point; thence South 90 degrees 30 minutes East through Lot No. 39, Block F, on said Plan, 140.45 feet to Hummel Avenue; thence South 80 degrees 30 minutes West along the northern line of Hummel Avenue 45 feet to the point or Place of BEGINNING. BEING all of Lot No. 40 and the western 10 feet of Lot No. 39, in Block F, on Plan No. I of Riverton, now the Borough of Lemoyne, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40. BEING all of Lot No. 40 and the western 10 feet of Lot No. 39, in Block F, on Plan NO. 1 of Riverton, now the Borough of Lemoyne, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40. BEING IMPROVED with atwo-story brick dwelling house and two-car cement block stucco garage, being known as No. 91 S Hummel Avenue, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jane M. Turnbaugh and Steven C. Turnbaugh, mother and son, by Deed from Jane M. Turnbaugh, single woman, dated 06/13/1997, recorded 06/23/1997 in Book 159, Page 939. By virtue of the death of Steven C. Turnbaugh on 12!12!2008, Jane M. Turnbaugh became the sole owner of the mortgaged premises as surviving tenant by the entireties or surviving tenant with right of survivorship. PREMISES BEING: 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738 PARCEL NO. 12-22-0824-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC f/k/a GMAC MORTGAGE CORPORATION, Plaintiff (s) From JANE M. TURNBAUGH (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 $65,832.68 L.L.$.50 Interest from 2/16/10 to Date of Sale ($10.82 per diem) -- $1,157.74 Atty's Comm % Due Prothy $2.00 Atty Paid $234.80 Other Costs Plaintiff Paid Date: 3/9/10 David D. Buell, Prothonotary (Seal) gy. Deputy REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 2l 5-563-7000 Supreme Court ID No. 87077 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 915 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~' ~~ Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and April 30, 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. ~- ~ - l -- w~t xo. 2009-sa4z cis i ~- ~ ' L' Mari Coyne, ditor GMAC, Inc. vs. SWORN TO AND SUBSCRIBED before me this Jane M. Turnbaugh 0 da of April 2010 Atty: Daniel G. Schmieg _ By virtue of a Writ of Execution NO. 09-6442-CIVIL-TERM, GMAC MORTGAGE, LLC F/K/A GMAC Notar y MORTGAGE CORPORATION vs. JANE M. TURNBAUGH, owner of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being 915 HUMMEL AVENUE, LEMOYNE, PA 17043- 1738. NOTARIAL SEAL Parcel No. 12-22-0824-036. DEBORAH A COLLINS Improvements thereon: RESIDEN- Notefy PUbUC TIAL DWELLING. CARLISLE BOROUGH, CUMBERLAND COUNTY JUDGMENT AMOUNT: $65,832- My Commission Expires Apr 28, 2014 .68. -- The Patriot-News Co. 2020 Techndlogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~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: 04/16/10 WHt No. 2009.6442 Civil Term GMAC, Inc. ' vs. Jane M.Tumbaugh Arty: Daniel G Schmleg By virtue of s Writ of Execution N0.09-6442- CIVII.-TERM GMAC MORTGAGE, LLC F/K!A GMAC MORTGAGE CORPORATION vs. JANE M. TURNBAUGH owner(s) of property situate in the BOROUGH OFIEMOYNE, Cumberland County, (Municipality) Pennsylvania, being 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738 (Acreage or street address) PARCEL N0.12-22-0824-036 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $65,832.68 ~~, ~ ~ ~ ~LI~P ~ ~ Sworn to and sebscribed before me this 18 day of May, 2010 A.D. ---. \ ,~ ~;% __ , ;~ ti~ _ , '~ _~„ Notary Public COMMONWEALTH OP PENNSYLVANIA Notatisl Seal Sherrie L. Kisrler, Notary Public Lower PaxOort Twp., Dauphin County I_~ My Go+nmission 9tplres Nov. 26, 2011 ^~tprtbet, Perin5vlvania ?~;:.r,~~~iation of Notaries 04/23/10 04/30/10 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC F/K/A Court of Common Pleas GMAC MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County vs . No. 09-6442-CIVIL-TERM JANE M. TURNBAUGH Defendant PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: August 20, 2010 PHELAN HALLIN & SCHMIEG, LLP By: _ Lawrence T. Phel , sq., Id. No. 32227 >- N Francis S. Hallinan, Esq., Id. No. 62695 F Z Daniel G. Schmieg, Esq., Id. No. 62205 j fK Michele M. Bradford, Esq., Id. No. 69849 E Id N 58745 J di h T R omano, t . sq., . o. u ?heetal R. Shah-Jani, Esq.. Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Q j Vivek Srivastava, Esq., Id. No. 202331 U Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., ][d. 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 PHS# 216969 Attorneys for Plaintiff -r_.06 pd ?gy R* '9 q7 ?-61