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HomeMy WebLinkAbout10-0462Phelan 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 223598 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY GETTYSBURG PIKE MECHANICSBURG, PA 17055-5603 Defendants Jr.". `... ... 2010 J Al z l P 1? J 2 .» ' PL. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n NO. 10 CUMBERLAND COUNTY 0 e?+ ro 1.23 LL1?' File #: 223598 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 223598 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY GETTYSBURG PIKE MECHANICSBURG, PA 17055-5603 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/07/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CARDINAL FINANCIAL COMPANY, LTD which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746973. 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 08/01/2009 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 #: 223598 6 The following amounts are due on the mortgage: Principal Balance $133,681.95 Interest $4,779.72 07/01/2009 through 01/14/2010 (Per Diem $24.14) Attorney's Fees $650.00 Cumulative Late Charges $472.78 12/07/2007 to 01/14/2010 Property Inspections $67.50 Costs of Suit and Title Search $550-00 Subtotal $140,201.95 Escrow Credit ($84.03) Deficit $0.00 Subtotal R4-031 TOTAL $140,117.92 7 8 Plaintiff is nat seeking a judgment of personal liability (or an in person-am 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. 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 File #: 223598 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 $140,117.92, together with interest from 01/14/2010 at the rate of $24.14 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN By: ence T. elan q., Id. No. 322 Francis S. ,Esq., Id. No. 62 95 ? 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. es, Esq., Id. No. 86657 ? P J. Mulcahy, Esq., Id. No. 61791 Andrew w 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 #: 223598 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of the Gettysburg Pike, which point is two hundred ninety-three and five-tenths (293.5) feet westwardly from the line of property now or formerly of W. F. Cassel; thence South thirty-six (26) degrees thirty (30) minutes West, one hundred (100) feet to a point; thence North fifty-three (53) degrees thirty (30) minutes West, two hundred (200) feet to a stake; thence North thirty-six (36) degrees thirty (30) minutes East, one hundred (100) feet to a stake; thence South fifty-three (53) degrees thirty (30) minutes East, two hundred (200) feet to a point the place of BEGINNING. BEING known and municipally numbered as 40 Gettysburg Pike, Mechanicsburg, Pennsylvania BEING the same premises which Shirley I. Krader, now by marriage Shirley I. Sheibley, by Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Shirley 1. Sheibley and Robert L. Sheibley, wife and husband, Mortgagors herein. Premises being: 40 GETTYSBURG PIKE PARCEL#: 42-27-1888-030 File #: 223598 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: ? e.) lo ttom r Plainti File #: 223598 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff c ? •L PQ ,_ t, ,t'..'?T??Y Jody S Smith ZQf FEQ -$t Chief Deputy i? Edward L Schorpp Solicitor GMAC Mortgage, LLC vs. Shirley I. Sheibley SHERIFF'S RETURN OF SERVICE Case Number 2010-462 01/29/2010 04:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 29, 2010 at 1619 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shirley I. Sheibley, by making known unto Robert L. Sheibley, Husband of defendant at 120 North Saint Johns Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/29/2010 04:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 29, 2010 at 1619 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert L. Sheibley, by making known unto himself personally, al 120 North Saint Johns Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/03/2010 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: Shirley I. Sheibley, 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 Shirley I. Sheibley. Request for service at 40 Gettysburg Pike, Mechanicsburg, PA 17055 is vacant. Robert L. Sheibley is currently residing at 120 North Saint Johns Drive, Camp Hill, PA 17011. 02/03/2010 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: Robert L. Sheibley, 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 Robert L. Sheibley. Request for service at 40 Gettysburg Pike, Mechanicsburg, PA 17055 is vacant. Robert L. Sheibley is currently residing at 120 North Saint Johns Drive, Camp Hill, PA 17011. SHERIFF COST: $96.50 SO AN RS, 00, February 04, 2010 O NY R ANDERSON, SHERIFF Deputy Sheri r, Coun•,juit? ShC1,1M TEC aoS t. I.r,: 2010 FEB 22 N1 12: S 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-Jam, Esq., Id. No. 81760 L_?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. 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-462 CIVIL TERM ROBERT L. SHEIBLEY CUMBERLAND COUNTY SHIRLEY I. SHEIBLEY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 223598 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP At ey for Plaintiff By7Fr ? ence T. Phelan, E q., Id. No. 32227 ? cis S. Hallinan, E , 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 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: 2-09-1 PHS #: 223598 VJh+. °Allcy - TI . n e?an 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 DATE: I-2-'L-(0 Sec. 4904 relating to unsworn falsification to authorities. Name,,,s Title: Limited ?Sigwnj Officer Company: GMAC MORTGAGE, LLC File #: 223598 Sheibley 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 VS. ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO. 10-462 CIVIL TERM : 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: ROBERT L. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 PHS #: 223598 SHIRLEY I. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 Phelan Hallinan & Schmieg, LLP At ey for Plaintiff BJF ? rence T. Phelan, sq., Id. No. 32227 ? ncis 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 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 Date: 2-09-10 PHS #: 223598 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. ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY Attorney for Plaintiff 77 7n r ? - . ?. r U . CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION : No. 10-462 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 ROBERT L. SHEIBLEY, and SHIRLEY I. SHEIBLEY. 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 $140,117.92 Interest - 01/15/2010 to 03/03/2010 $1,158.72 TOTAL $141,276.64 /Y 0), P- a41 at'- tt q qmt Ndfl Les a.4. f ?? I hereby certify that (1) the Defendants' possible last known addresses are 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931, and the mortgaged premises located at 40 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5603, 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 -,-,gheetal 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: 3 - S -1d PHS # 223598 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 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. ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-462 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 ROBERT L. SHEIBLEY is over 18 years of age and possible last known addresses are 120 NORTH SAINT JOHNS DRIVE. CAMP HILL PA 17011-1931, and the mortgaged premises located at 40 GETTYSBURG PIKE MECHANICSBURG PA 17055-5603 (c) that defendant SHIRLEY I. SHEIBLEY is over 18 years of age and possible last known addresses are 120 NORTH SAINT JOHNS DRIVE. CAMP HILL PA 17011-1931 and the mortgaged premises located at 40 GETTYSBURG PIKE MECHANICSBURG PA 17055-5603 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ? Lawrence T. Phelan, s q., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS ROBERT L. SHEIBLEY . SHIRLEY I. SHEIBLEY CIVIL DIVISION No. 10-462 CIVIL TERM 3-5--/v Notice is given that a Judgment in the above captioned matter has been entered against you on By: 14jj 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 ? Jy ith T. Romano, Esq., Id. No. 58745 DI 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 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** GMAC MORTGAGE, LLC V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-462 CIVIL, TERM ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY Defendant(s) TO: ROBERT L. SHEMLEY 40 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5603 DATE OF NOTICE: February 19, 2010 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 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 # 223598 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) 24.9-3166 By: La ce T. helan, Esq., d. No. 32227 F S. Ha linen, Esq. d. No. 62695 Daniel G. Sc ieg, E ., Id. No. 62205 Michele M. B 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 Wsovalante P. Fliakos, Esq., Id. No. 94620 oshua 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 # 223598 GMAC MORTGAGE, LLC v Plaintiff ROBERT L. SHEIBLEY SEMEY L SHEIBLEY Defendant(s): TO: SHIRLEY I. SHEIBLEY 40 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5603 DATE OF NOTICE: February 19, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-462 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 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 # 223598 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- e a elan, Es ., Id. No. 32227 Fran ' S. allinan, ., Id. No. 62695 Daniel G. hraie q., Id. No. 62205 Michele M. ord, 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 isovalante P. Fliakos, Esq., Id. No. 94620 -'Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramble% Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 223598 GMAC MORTGAGE, LLC V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10462 CIVIL TERM ROBERT L. SB EIBLEY SHIRLEY I. SHEIBLEY Defendant(s) TO: SHIRLEY I. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 DATE OF NOTICE: February 19, 2010 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 WMEN 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 # 223598 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 X717) 249-3166 By: Law . Phelan, Es ., Id. No. 32227 Franc' S. limn, Es ., Id. No. 62695 Dan 1 G. -eg, ., Id. No. 62205 Michele M. Br ord, Es q., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Onisovalante 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 # 223599 GMAC MORTGAGE, LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-462 CIVIL TERM ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY Defendant(s) TO: ROBERT L. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 DATE OF NOTICE: February 19, 2010 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 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 # 223598 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: Law T. Phelan, Es ., Id. No. 32227 F is IS Hallman, ., Id. No. 62695 Daniel G. 'e 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 Wsovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmie& LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 223598 ~ IN THE COURT OF COMMON PLEAS MAY 14 2010 • CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff v• Civil Division ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY CUMBERLAND County Defendants No. 10-462 CIVIL TERM 1~ ORDER AND NOW, this ~~ day of M4y , 2010, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $133,681.95 Interest Through June 2, 2010 $8,012.82 Per Diem $23.81 Late Charges $773.64 Legal fees $800.00 Cost of Suit and Title $995.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $637.50 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,024.25 TOTAL $ l 46,020.16 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. S' f rv ~/ ~i., 1 -++,~t , ~,~1 ~N~. ;-; ~_ _~ ~~rn ,. ~~ :~ +~~~ ~ i ,~~:~ ~a ~~o~ BY THE COURT ~~- J. 223598 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ ~,` r, Ronny R Anderson Sheriff ~~~.`~ Jody S Smith ~u°`~tiiw' pt ~"uirt~~~~~~A ;;- Chief Deputy ~.~ .~ .~' C~ ~ ~ ~:.'~' ~ ~ ~~ t(0 52 r ~ ' r~ Richard W Stewart '° Solicitor ~r' ~ ~~ - a-C s~E~~F~ Ci;PJ _ ~ ~. ~~,~~: GMAC Mortgage, LLC vs. Shirley I. Sheibley (et al.) Case Number 2010-462 SHERIFF'S RETURN OF SERVICE 04/20/2010 08:44 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at 2030 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 Shirley I. Sheibley and Robert L. Sheibley, located at, 40 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania according to law 04/20/2010 07:58 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at 1953 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert L. Sheibley, by making known unto, Shirley Sheibley, spouse, at, 120 North St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same 04/20/2010 07:58 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at 1953 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shirley I. Sheibley, by making known unto, Shirley I. Sheibley, personally, at, 120 North St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same 06/03/2010 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 June 2, 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, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 783.02 SHERIFF COST: $783.02 June 30, 2010 SO ANSWER"S~, RON R ANDERSON, SHERIFF ~/~~ dl god. ~ . d -od ~- Ca. fir,{ CounySui[e Sheriff, Teleosoft. Inc. GMAC MOR~'GAGE, LIr,C ~ COURT OF COMMON PLEAS 'Plaintiff CIVIL DIVISION v. NO. 10-462 CIVIL TERM ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY 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 40 GETTYSBURG PIKE, MECHANICSBURG, PA 17055-5603. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ' ROBERT L. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 SHIRLEY I. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE ' CAMP HILL, PA 17011-1931 2. Name and address of Defendant(s) in the judgment: ;: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: "`' ~ Name Address (if address cannot be reasonably ascertained, please indicate) Bank-One of America, N.A. 4161 Piedmont Parkway Greensboro, NC 27410 Bank One of America, N.A. 1400 Koppers Building C/O: William T. Mtrlczan, Esquire Pittsburgh, PA 15219 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 40 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5603 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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: Attorn y r Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Fr cis S. Hallinan, Esq., Id. No. 62695 ^ aniel 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 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 10-462 CIVIL TERM ROBERT L. SHEIBLEY CUMBERLAND COUNTY SHIRLEY I. SHEIBLEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT L. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 SHIRLEY I. SHEIBLEY 120 NORTH SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 **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 40 GETTYSBURG PII~, MECHAIVICSBURG, PA 17055-5603 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $141,276.64 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 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 NO. 10-462 CIVIL TERM GMAC MORTGAGE, LLC vs. ROBERT L. SHEIBLEY SHIRLEY I. SHEIBLEY owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 40 GETTYSBURG PIKE, MECHANICSBURG. PA 17055-5603 Parcel No. 42-27-1888-030 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $141,276.64 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of the Gettysburg Pike, which point is two hundred ninety-three and five-tenths (293.5) feet westwardly from the line of property now or formerly of W. F. Cassel; thence South thirty-six (26) degrees thirty (30) minutes West, one hundred (100) feet to a point; thence North fifty-three (53) degrees thirty (30) minutes West, two hundred (200) feet to a stake; thence North thirty-six (36) degrees thirty (30) minutes East, one hundred (100) feet to a stake; thence South fifty-three (53) degrees thirty (30) minutes East, two hundred (200) feet to a point the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Shirley I. Sheibley and Robert L. Sheibley, w/h, by Deed from Shirley I. Krader, n/b/m Shirley I. Sheibley, dated 12/07/2007, recorded 12/20/2007 in Instrument Number 200746972. PREMISES BEING: 40 GETTYSBURG PIKE, MECHANICSBURG, PA 17055-5603 PARCEL N0.42-27-1888-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-462 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From ROBERT L. SHEIBLEY and SHIRLEY I. SHEIBLEY (1) You are directed to lery 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 $141,276.64 L.L.$.50 Interest from 3/4/10 to Date of Sale ($23.55 per diem) -- $2,143.05 Atty's Comm % Due Prothy $2.00 Atty Paid $229.00 Plaintiff Paid Date: 3/10/10 (Seal) Other Costs ~ l David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, 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. 69849 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 40 Gettysburg Pike, Mechanicsburg, _ _ more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~~ ~ ~~~ Real Estate Coordinator ~5 .~3 d Z 1 ~~t~~ u',OZ 1 r\~-: _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GMAC Mortgage, LLC -vs- Robert L. Sheibley & Shirley I Sheibley No. 10-462 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION SALE GMAC Mortgage, LLC hereinafter called Assignor, for and in consideration of the sum of $1,092.66, receipt of which is hereby acknowledge do(es) hereby sell, assign, transfer and set over unto FEDERAL HOME LOAN MORTGAGE CORPORATION. all of its right, title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 2, 2010, in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set its hand and seal, this 4th day of June 2010 intending thereby to be legally bound. 1r! Nora M. Ferrer (SEAL) ~.i.rrp.t~JN'vyFALTH OF PENNSYLVANIA ~vCTARIAL SEAL NURA M FERRER, Notary Public City of Philadelphia, Phila. County ^Ay Comm~ss~on Expires November 22, 2Q13 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 Apri130, 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. wnt xo. aoio-46s ciu GMAC Mortgage, LLC vs. Shirley I. Sheibley Robert L. Sheibley Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-462 CIVIL, GMAC MORT- GAGE, LLC vs. ROBERT L. SHEIB- LEY, SHIRLEY I. SHEIBLEY, owners of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 40 GET- TYSBURG PIKE, MECHANICSBURG, PA 17055-5603. Parcel No. 42-27-1888-030. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $141,276- .64. ~--- L' a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da- o~ f April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 r~ the Patriot-News Co. 2020 Technology Pkwy Suite 300 . Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'rl~e pahiot 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 ~ _-_ 1- ~ 8t+1F ~o~l~t ~.. Std ~•~Mti ~y vi ~~ Writ of ~ ~0»If ,.G7Wt[.'1~lYl GddhC MfO~ukt~i, LLC vs. AOAi3rCL Y SliptiEY 1. SAY Oe~sat~) u~ propaty cia~noe in the'C1QFllt t~F TPPBit ~tL~.Et~, ~akt~;. ~~ Ye~mytaadza»be~g~) ao;~s>~ eaai,,~t~e+t~csat>~: +PA 17A3~-5603 Paref X10.42-27-1888-030 (Acxewgtarett~metrddreaa) turd This ad ran on the date(s) shown below: _~. ~_. to ~Sd s)~bscribed before me this 1,8'day gi May, 2010 A.D. Notary COMMONWEALTH OF PkNN LSY yANJA NoMl~l >iMl SMrtN L KMnK, Nobry Publk lrnw- Pti>~ft TVYP., Dt1tMNN- C~Ntly ~'N COtnnbllOn lxDM111t NOV. 26, 2011 Member, PennsyNenle naoclatlon of NMaries 04/16/10 04/23/10 04/30/10 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 Sheriffs Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 10TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 462, at the suit of GMAC MTG LLC against ROBERT L SHEIBLEY & SHIRLEY I is duly recorded as Instrument Number 201018377. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this g day of A.D. ~ -0 / O Recorder of Deeds, Cumberterrd County, t~riisle, PA ~M Commission Fires the First t~londegl of ,Mm. ZD'14