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HomeMy WebLinkAbout10-0844I Ci 1-E" ,' I.. T 20 10 FL' -Z 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 228949 GMAC MORTGAGE, LLC I 100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. MATTHEW J. CALLEN CHRISTINE R. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. !O - [- CUMBERLAND COUNTY s ,T 4a.ao ?cL 041 eV,sr 13 18 File #: 228949 Rux - an q 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 ettered 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 #: 228949 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: MATTHEW J. CALLEN CHRISTINE R. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/24/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1871, Page 4769. By Assignment of Mortgage recorded 12/03/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200940255. 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 10/01/2009 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 #: 228949 6. The following amounts are due on the mortgage: Principal Balance $247,396.92 Interest $6,879.18 09/01/2009 through 02/01/2010 (Per Diem $44.67) Attorney's Fees $650.00 Cumulative Late Charges $839.90 06/24/2004 to 02/01/2010 Property Inspections $45.00 Costs of Suit and Title Search $?0-00 Subtotal $256,361.00 Escrow Credit $0.00 Deficit $485.23 Subtotal $4R5-?3 TOTAL $256,846.23 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in ner? 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. Notice of Intention to Foreclose as set forth yin 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. File #: 228949 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $256,846.23, together with interest from 02/01/2010 at the rate of $44.67 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 & 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 ? J ua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 228949 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Francis Drive (50 feet wide), said point being located at the southeastern corner of Lot No. 1; thence along the eastern boundary line of Lot No. 1, North 11 degrees 43 minutes 53 seconds East, a distance of 125.00 feet to a point in line of Skyport Road (T-613); thence along said Skyport Road, South 78 degrees 16 minutes 07 seconds East, a distance of 100.00 feet to a point at the northwestern corner of Lot No. 3; thence along the western boundary line of Lot No. 3, South 11 degrees 43 minutes 53 seconds West, a distance of 125.00 feet to a point on the northern right of way line of Francis Drive (50 feet wide); thence along said right of way line, North 78 degrees 16 minutes 07 seconds West, a distance of 100.00 feet to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12,500 square feet of land, has an address of 517 Francis Drive, Mechanicsburg, Pennsylvania 17055, and is known and numbered as Lot No. 2 on the Final Subdivision Plan for Good Hope Farms South-Phase 1, which is recorded in Cumberland County in Plan Book 69, Page 147. UNDER AND SUBJECT TO: (A) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. File #: 228949 (B) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (C) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Misc. Book 495, Page 1043 and the First Amendment to the Declaration of Covenants and Restrictions-Good Hope Farms South-Phase I, recorded in Cumberland County in Misc. Book 498, Page 383, as may be applicable to the above-described property. PARCEL NO. 10-19-1602-038 PREMISES: 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 File #: 228949 .. 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. Attorney for Plaintiff DATE: File #: 228949 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 0 F{-ED-r. IP11E 7 TK-: R? r-r-,^'NIOTARY 2010 FEB I I AM 9: 32 i TY GMAC Mortgage, LLC vs. Christine R. Callen a/k/a Christine M. Callen Case Number 2010-844 SHERIFF'S RETURN OF SERVICE 02/04/2010 02:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1413 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christine R. Callen a/k/a Christine M. Callen, by making known unto herself personally, at 517 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/04/2010 02:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1413 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew J. Callen, by making known unto Christine Callen, Wife of defendant at 517 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 February 08, 2010 fc: couSinte Sr.ertf. Fei2 „oft. fi?c. SO ANS RS R N Y R ANDERSON, SHERIFF By Deputy Sheriff v OF THEN?A{Y 2010 MAR -Z AM 11: 19 CUl ?.:..: a .t.i c:. PENN YLVA 41A Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-844 CIVIL TERM MATTHEW J. CALLEN CUMBERLAND COUNTY CHRISTINE R. CALLEN A/K/A CHRISTINE M. CALLEN Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 228949 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:.%? ? Lawrence T. Phelan, Esq., Id. No. 32227 af-rancis 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: 02/26/2010 PHS #: 228949 VERIFICATION JeffTey Stephan ii=itedSigning Officer hereby states that he/she is 12DO 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 unsworn falsificatign-t orities. -Teffre Stephan '2lam Limited Signing Officer DATE: C??J? 1 Title: rCompany: GMAC MORTGAGE, LLC File 4: 228949 Callen 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Vs. MATTHEW J. CALLEN CHRISTINE R. CALLEN A/K/A CHRISTINE M. CALLEN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION NO. 10-844 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: MATTHEW J. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 PHS #: 228949 CHRISTINE R. CALLEN A/K/A CHRISTINE M. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 Date: 02/26/2010 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Bye:?)RM,, ? Lawrence T. Phelan, Esq., Id. No. 32227 Q'Frrancis 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 PHS #: 228949 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. MATTHEW J. CALLEN CHRISTINE R. CALLEN Attorney for Plaintiff -77 T-. pi r- -cj U _ C.. 7 CD : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-844 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 MATTHEW J. CALLEN, and CHRISTINE R. CALLEN, 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: 141.00 fot A 9agw `Y1e't?e mc-4?< A+* ?3???0 As set forth in Complaint $256,846.23 Interest - 02/02/2010 to 03/15/2010 $1,876.14 TOTAL $258,722.37 I hereby certify that (1) the Defendants' last known address is 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469, and (2) that not has been given in accordance with Rule 237. 1, copy attached. ence T. Phelan,-Ysquire ancis S. Hallinan, squire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquii e 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 INDICA DATE: PHS # 228949 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. MATTHEW J. CALLEN CHRISTINE R. CALLEN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-844 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 MATTHEW J. CALLEN is over 18 years of age and resides at 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469. (c) that defendant CHRISTINE R. CALLEN is over 18 years of age and resides at 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities ? awrence T. Phelo, Esq., Id. No. 32227 rancis 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 eetal R. Shah-Jani, Esq., Id. No. 81760 Jemne 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 VS. MATTHEW J. CALLEN CHRISTINE R. CALLEN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-844 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on BY: o ?Cy 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 ? 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 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 DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 10-844 CIVIL TERM MATTHEW J. CALLEN CUMBERLAND COUNTY CHRISTINE R. CALLEN Defendant(s) TO: MATTHEW J. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 DATE OF NOTICE: March 1, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 228949 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 By: Lawrence T. Phelan, Es". 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 ?heetal R. Shah-Jani, Esq., Id. No. 81760 Jennie R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228949 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-844 CIVIL TERM MATTHEW J. CALLEN CUMBERLAND COUNTY CHRISTINE R. CALLEN Defendant(s) TO: CHRISTINE R. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 DATE OF NOTICE: March 1, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 228949 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 By: Lawrence T. Phelan, s ., 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 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228949 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-844 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From MATTHEW J. CALLEN and CHRISTINE R. CALLEN (I) 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 $258,722.37 L.L. $.50 Interest from 3/16/10 to Date of Sale ($43.12 per diem) -- $7,632.24 Atty's Comm Atty Paid $185.50 Plaintiff Paid Date: 3,26/1 Q (Seal) BY~ RE(~UESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP Due Prothy $2.00 Other Costs David D. Buell, P othonotary 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 Deputy PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v MATTHEW J. CALLEN CHRISTINE R. CALLEN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/16/2010 to Date of Sale ($43.12 per diem) TOTAL 0 ~a~+.oo f'p A`l~ 53 . oo C'.B~- qa, oo M 1 ~ . oo ~~ a. so ~~ 185.50- p~ ATr/ Note: Please attach description of property. PHS # 228949 ~a.oo ~ (0 •.~ ~..~ el~~ 9a~ll R~ as9~ R,1/ l~~ ~~a NO. 10-844 CIVIL TERM CUMBERLAND COUNTY ~ ~ a ~ ~ ~ ~ $258,722.37 ~~ ` -` ~° ~ cf~ ~ J $7,632.24 1 ~' '~~ ~~ ; ~ ~~; ~ ~ ---i $266,354.61 ~-~! Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ['] F antis 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. S874S ^ 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 ^ Pctcr 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 'b rn v rn v ~ ~ o ~ 0 a ~ Ww°¢" Ewa Q. UAA ~ UAL ~ ~ a~ ti~ z ~ 3 ~~ ~~z b ~~~ ~ ~~~ v~~ U~n~ w~ z 0 V~ fy N ~ a ° ~, a~ ~ N C O ~ N~ '-' M M E p~ p Qi N b N ~p 'ct ~ ~ ~ N 00 M p~ ~ .--~ ° Q ~. W _ M `D ~ p o~0 Q O M NO ~~~ z N N O O QI K•I ~ Q+ ° O O Z' ~ r7. 0~0 ~ N ~ ~O O p ~ ~ O ~+ O~ a ZZ O-~ on .. ..a'b a--~-ob oti „'~w'~ „~ rz,0 ~ as o ,~ wwb ~ ~a~a~~'b ~-ww~ww~ OV ~ U~~ fYi an w~ ~.~•°°ow ~ ~w ~ ~w ~ ~~' ~ ~,~ 0,..~ O•~ ~r ~ W o a" = ~~ ~'x~A ~ ova ~~~ ~U a~ o da A~~-,v~.-,~>.-,aQ~,U~-,UQ U C7 > ~ U p., u,~ Q a ^~~0^^^0^^^0~0^^^ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: . MATTHEW J. CALLEN . CHRISTINE M. CALLEN Bk. No. 1.:09-bk-08358 RNO A/K/A CHRISTINE R. CALLEN Debtors Chapter No. 07 GMAC MORTGAGE, LLC Movant 11 U.S.C. §362 v. MATTHEW J. CALLEN CHRISTINE M. CALLEN AJK/A CHRISTINE R CALLEN Respondents and MARKIAN R SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of GMAC MORTGAGE, LLC (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 517 FRANCIS DRIVE, MECRANICSBURG, FA 17050, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title ta, said premises. By the Court, Dated: December 1, 2009 Ra-b@Ct P~. Opp, II, Bankruptcy 3udg+~ ~~ ~'J7it da~ctE.ment i.~s ~l~ctmnicrYtt~ ~ign~d end ftl~d an tla~ srxm~ dry ~. Case 1:09-bk-08358-RNO Doc 28 Filed 12/01!09 Entered 12/02/09 07:14:53 Desc Main Document Page 1 of 1 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff v. MATTHEW J. CALLEN CHRISTINE R. CALLEN Defendant(s) f~ TH~tF; NARY 10lO MAR 26 AM f l ~ k ~ CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-844 CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~'l~rancis 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 GMAC MORTGAGE, LLC Plaintiff ~ v. MATTHEW J. CALLEN CHRISTINE R. CALLEN Defendant(s) ?0(OM~R2b A~3(i: ~( COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-844 CIVIL TERM CUMBERLAND COUNTY 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 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469. 1. Name and address of Owner(s) or reputed Owner(s): Name MATTHEW J. CALLEN CHRISTINE R. CALLEN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 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) Chase Bank USA, N.A. Chase Bank USA, N.A. C/O: James C. Warmbrodt, Esquire American Express Centurion Bank American Express Centurion Bank C/O: Philip C. Warholic, Esquire American Express Centurion Bank C/O: Amy F. Doyle, Esquire 3700 Wiseman Boulevard San Antonio, TX 78251 436 Seventh Avenue; Suite 1400 Pittsburgh, PA 15219 200 Vesey Street New York, NY 10285 4660 Trindle Road; Suite 300 Camp Hill, PA 17011 1228 St. Paul Street Baltimore, MD 21205 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. 3300 SW 34`h Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for Home Loan Center, Inc., P.O. Box 2026 Dba, LendingTree Loans Flint, MI 48501-2026 Home Loan Center, Inc., dba, LendingTree Loans 163 Technology Drive Irvine, CA 92618 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. 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 Good Hope Farms South -Phase 1 Good Hope Farms South Homeowners' Association Mers as a nominee for Green Tree Servicing, LLC Green Tree Servicing, LLC. 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 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 481 Francis Drive Mechanicsburg, PA 17050-2468 400 Deer Path Road; Suite 201 Harrisburg, PA 17110-3908 P.O. Box 2026 Flint, MI 48501-2026 7360 South Kyrene Road Tempe, AZ 85283 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 19, 2010 B . ~ ~_~~ ^ awrence 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 Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP GMAC MORTGAGE, LLC ~~ MATTHEW J. CALLEN CHRISTINE R. CALLEN ~JIC ~~~vi r~~+[ TNT Pr~;~'~'~'Ol z~~~ ~~R Plaintiff /~ t 26 ~~11li 4 ~ t~T~vC~f 4ilr~ ~~~ COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-844 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MATTHEW J. CALLEN CHRISTINE R. CALLEN 517 FRANCIS DRIVE 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 MECHANICSBURG, PA 17050-2469 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $258,722.37 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 had,-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 (1 O) 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. 10-844 CIVIL TERM GMAC MORTGAGE, LLC vs. MATTHEW J. CALLEN CHRISTINE R. CALLEN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 Parcel No. 10-19-1602-038. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $258,722.37 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 )/ LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Francis Drive (50 feet wide), said point being located at the southeastern corner of Lot No. 1; thence along the eastern boundary line of Lot No. 1, North 11 degrees 43 minutes 53 seconds East, a distance of 125.00 feet to a point in line of Skyport Road (T-613); thence along said Skyport Road, South 78 degrees 16 minutes 07 seconds East, a distance of 100.00 feet to a point at the northwestern corner of Lot No. 3; thence along the western boundary line of Lot No. 3, South 11 degrees 43 minutes 53 seconds West, a distance of 125.00 feet to a point on the northern right of way line of Francis Drive (50 feet wide); thence along said right of way line, North 78 degrees 16 minutes 07 seconds West, a distance of 100.00 feet to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12,500 square feet of land, has an address of 517 Francis Drive, Mechanicsburg, Pennsylvania 17055, and is known and numbered as Lot No. 2 on the Final Subdivision Plan for Good Hope Farms South-Phase 1, which is recorded in Cumberland County in Plan Book 69, Page 147. UNDER AND SUBJECT TO: (A) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (B) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (C) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Misc. Book 495, Page 1043 and the First Amendment to the Declaration of Covenants and Restrictions-Good Hope Farms South- Phase I, recorded in Cumberland County in Misc. Book 498, Page 383, as may be applicable to the above- described property. TITLE TO SAID PREMISES IS VESTED IN Matthew J. Callen and Christine R. Callen, h/w, by Deed from Fred A. Tiday and Darlene J. Tiday, h/w, dated 12/20/1999, recorded 12/21/1999 in Book 213, Page 669. PREMISES BEING: 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 PARCEL NO. 10-19-1602-038. ' ~ ~ ' t JUL 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff v. MATTHEW J. CALLEN CHRISTINE R. CALLEN Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 10-844 CIVIL TERM AND NOW, this / `/ • day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. • Zd ~r Aj/ air- .r•s~Ii ~ . Rule Returnable o . in the Main C Sylvania. ~ ~Q y ~ ~ ~~C-1 ~ ~r~5-~; n e ~, Ca lleh C'ep~~s w«,'led 7~i~f/~v ~L n c~ ~ Q <_: .~ ~ ' ~ rn ~ .~ },~.; ,-~ _ ~.~ 228949 Y i .J "~ , f ~ 1 i {f~ t i ai r z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. ~., ; , CIVIL DIVISION `~``' -- ~. MATTHEW J. CALLEN ~' 77 CHRISTINE R. CALLEN A/K/A CHRISTINE M. No. 10-844 CIVIL TER11~ ~T CALLEN ~~' -r; ?" i ~ -Nr3 ;--~ Defendant(s) ~-~ ~ _ _ ,:,,_ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~,_^; •~~'_ .~ COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is atta a er ar ibit " " a rence T. Ph lap, E ., Id. No. 32227 ^ Fr ncis 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., ld. 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 Date: U IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff' s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 228949 i w £OL64 3QO~dIZ WOa~0311VN1 OLOZ SZ211fW 9SZ[~Zb000 081£0 $ wL Z o ~~~ ~.~~.+'~ \ r y~ /!;~, h ~ a° r' a~ a °~~ ~ M °~ q p L ~V~'a'~~Ays,a~~Ci o aaia b~"~' G~ w~ ~ aat~~ ~ V a a~ ~~`' ~~ ~ha~ °~~ ~.~~ ~~ a~ awe 8 8x .~ z* H ~ H ~ d O ;~ '" ,y a a o ~ ~i ~+ O .~ ~ L. 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C. 01.E c~a W ~..p. ~,--,Oa ~~"r~O~A1s+~iW.-.~~~°.~`~"G9d'er-~i~"a:~iC7Q~'E~ z * * * * * s ~ 4 N u ~ ..~.1 .w N M V N ~p P ~ s ~ + s ~ i a ~ s ~ s s ~ ~~Q~~~~ h ~ g . ~~ ~_ N a ~~. ~. ~~~ ~ ~~~ ~.~~ ~ ~~, ~,.~~ ~: ~~~~ ~' ~~~~~ M F ~~~ '~ "~ ~~ ~( .M r ._ T;'` ZQI~ ~,, ~ _~ ~~~ ;: ~;:: ~v~r 3 ~~ k ~ 03 :;a-~, ~ 1Pi`_.' CL..w:. w i'hclan 1-lallinan &Schmieg, I,LP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S, k-lallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ,ludith 7'. Romano, Esq., Id. No. 58745 Shectal R. Shah-Jani, Esq., Id. No. 81760 .leninc R Davey, Esq., Id. No. 87077 Lauren R. "Cabas, Esq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202331 ,lay B. ,lones, F,sq., Id. No. 86657 I'etcr ,l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 .laimc 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GN[AC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County MA"]'"1'I-IEW J. CALLEN : CHRISTINE R. CALLEN No. 10-844 CIVIL TERM Defendants CERTIFICATION OF SERVICE 228949 I hereby certify that a true and correct copy of the Rule Returnable dated July 14, 2010 was sent to the following individual on the date indicated below. MATTHEW J. CALLEN C1 IfZISTINE R. CALLEN ~ 17 I~I~ANCIS DRIVE MICIIANICSBURG, PA 17050-2469 Phelan Hallinan & Schmieg, LLP DA"1'E: ~ B --- y' ^ 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. ,Tones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ ,Iaime 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 228949 SkIERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?pk?}tlh A? ?iI R?UCA`(?p?i?t OFF CE .; TrE .7r. F H10Cw[ ?2 Alf Fri ? C' UMS?? E^} L A J COUNT", GMAC Mortgage, LLC vs. Christine R. Callen (et al.) Case Number 2010-844 SHERIFF'S RETURN OF SERVICE 06/21/2010 08:50 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 2045 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 Christine R. & Matthew J. Callen, located at, 517 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/21/2010 08:50 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: Christine R. Callen, 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, Christine R. Callen, no longer resides at address state, possibly living in Georgia, Attorney effectuated service. 06/21/2010 08:50 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: Matthew J. Callen, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Matthew J. Callen, no longer resides at address state, possibly livinc in Georgia, Attorney effectuated service. 09/08/2010 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 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf , 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 $ 768.51 SHERIFF COST: $768.51 October 11, 2010 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF 4? ji 7fs3?7 (oj Gcuniysuite Shenff, T7eisosoft_ ln;;. ?t G,MAC MORTGAGE, LLC Plaintiff V. MATTHEW J. CALLEN CHRISTINE R. CALLEN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-844 CIVIL TERM CUMBERLAND COUNTY 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 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably MATTHEW J. CALLEN CHRISTINE R. CALLEN ascertained, please so indicate) 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 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) Chase Bank USA, N.A. 3700 Wiseman Boulevard San Antonio, TX 78251 Chase Bank USA, N.A. C/O: James C. Warrnbrodt, Esquire American Express Centurion Bank American Express Centurion Bank C/O: Philip C. Warholic, Esquire American Express Centurion Bank C/O: Amy F. Doyle, Esquire 436 Seventh Avenue; Suite 1400 Pittsburgh, PA 15219 200 Vesey Street New York, NY 10285 4660 Trindle Road; Suite 300 Camp Hill, PA 17011 1228 St. Paul Street Baltimore, MD 21205 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. 3300 SW 34`h Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for Home Loan Center, Inc., P.O. Box 2026 Dba, LendingTree Loans Flint, MI 48501-2026 Home Loan Center, Inc., dba, LendingTree Loans 163 Technology Drive Irvine, CA 92618 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. t 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 Good Hope Farms South - Phase 1 Good Hope Farms South Homeowners' Association Mers as a nominee for Green Tree Servicing, LLC Green Tree Servicing, LLC. 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 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 481 Francis Drive Mechanicsburg, PA 17050-2468 400 Deer Path Road; Suite 201 Harrisburg, PA 17110-3908 P.O. Box 2026 Flint, MI 48501-2026 7360 South Kyrene Road Tempe, AZ 85283 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 19.2010 B: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP [L.,awrence 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 r GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 10-844 CIVIL TERM MATTHEW J. CALLEN CUMBERLAND COUNTY CHRISTINE R. CALLEN Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MATTHEW J. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 CHRISTINE R. CALLEN 517 FRANCIS DRIVE MECHANICSBURG, PA 17050-2469 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $258,722.37 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. T 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. 10-844 CIVIL TERM GMAC MORTGAGE, LLC VS. MATTHEW J. CALLEN CHRISTINE R. CALLEN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 517 FRANCIS DRIVE. MECHANICSBURG, PA 17050-2469 Parcel No. 10-19-1602-038. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $258,722.37 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 I LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Francis Drive (50 feet wide), said point being located at the southeastern corner of Lot No. l; thence along the eastern boundary line of Lot No. 1, North 11 degrees 43 minutes 53 seconds East, a distance of 125.00 feet to a point in line of Skyport Road (T-613); thence along said Skyport Road, South 78 degrees 16 minutes 07 seconds East, a distance of 100.00 feet to a point at the northwestern corner of Lot No. 3; thence along the western boundary line of Lot No. 3, South 11 degrees 43 minutes 53 seconds West, a distance of 125.00 feet to a point on the northern right of way line of Francis Drive (50 feet wide); thence along said right of way line, North 78 degrees 16 minutes 07 seconds West, a distance of 100.00 feet to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12,500 square feet of land, has an address of 517 Francis Drive, Mechanicsburg, Pennsylvania 17055, and is known and numbered as Lot No. 2 on the Final Subdivision Plan for Good Hope Farms South-Phase 1, which is recorded in Cumberland County in Plan Book 69, Page 147. UNDER AND SUBJECT TO: (A) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (B) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (C) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Misc. Book 495, Page 1043 and the First Amendment to the Declaration of Covenants and Restrictions-Good Hope Farms South- Phase I, recorded in Cumberland County in Misc. Book 498, Page 383, as may be applicable to the above- described property. TITLE TO SAID PREMISES IS VESTED IN Matthew J. Callen and Christine R. Callen, h/w, by Deed from Fred A. Tiday and Darlene J. Tiday, h/w, dated 12/20/1999, recorded 12/21/1999 in Book 213, Page 669. PREMISES BEING: 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 PARCEL NO. 10-19-1602-038. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-844 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From MATTHEW J. CALLEN and CHRISTINE R. CALLEN (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 $258,722.37 L.L. $.50 Interest from 3/16/10 to Date of Sale ($43.12 per diem) -- $7,632.24 Atty's Comm % Atty Paid $185.50 Plaintiff Paid Date: 3/26/10 (Seal) REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Due Prothy $2.00 Other Costs David D. Buell, rothonotary By: Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 Deputy TRUE COPY FROM RECORD in Testimony whereof. I two unto set my hand and trw seal of said at N'. Pa. Thk d 28 16 ?a. ? . Ptothaiolry Ce On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 517 Francis Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: 1?SV?Real Estate Coordinator bMdVm ???'8?,.,?y0??3i??m?4/ 9i9d 1 ,k1t?'ienw !(('osi ;,,i-NT nt j 1 ,y? Is twoa biaa 10 NW *(I; sa 0S 'b "b-? SOT ?fMpwilNaA i' Cw`.J7, ' I E 1 ?? 6 -i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 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. Writ No. 2010-844 civil L)Asa Marie Coyne, ltor GMAC Mortgage, LLC vs. Christine R. Callen Matthew J. Callen Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-844 CIVIL TERM, GMAC MORTGAGE, LLC vs. MATTHEW J. CALLEN, CHRISTINE R. CALLEN, owners of property situate in the TOWNSHIP OF HAMPDEN, Cum- berland County, Pennsylvania, being 517 FRANCIS DRIVE, MECHANICS- BURG, PA 17050-2469. Parcel No. 10-19-1602-038. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $258,722- .37. SWORN TO AND SUBSCRIBED before me this _ 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notuy PUMIC CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission E*ku Apr 28, 2014 The Patriot-News Co. 2020 Technology; Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 7'17-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zhe Patr1*otwXews Now you know CARLISLE PA 17013 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 Holly Blain, 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 personai 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: Writ No. 2010-844 Civil Term 07109110 GMAC Mortgage, LLC 07/16/10 vs Christine R. Callen 07123110 Matthew J. Callen Atty: Daniel Schmieg By virtue.of a Writ of Execution NO. 10-844 .......... CIVII, TERM GMAC MORTGAGE, LLC vs. Sworn to ancj $ubscribed before m,et hl s,.65 day of August, 2010 A. D. MATTHEW J. CALLEN CHRISTINE R. CALLEN owner(s) of property situate in the TOWNSHIP ,t -l - OF HAMPDEN, Cumberland County, Notary Public Pennsylvania, being (Municipality) 517 FRANCIS DRIVE, MECHANICSBURG, PA 17050-2469 Parcel No. 10-19-1602-038. COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) Notarial Seal Improvements thereon: RESIDENTIAL Sherrie L Kisner,, Notary Public DWELLING Lower Paxton Twp., Dauphin County JUDGMENT AMOUNT: $258,722.37 My Commission Expires Nov. 26, 2011 Member, Pennfwtvarua A sociation of notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 26th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 844, at the suit of Matthew J & Chrisitine R Callen against Federal Home Loan Mtg Corp is duly recorded as Instrument Number 201028999. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 'A.D. of Deeds tkd lhl l-- toftcaftM Evkw8*FlatM dydJw=%