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HomeMy WebLinkAbout10-2107P 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 234724 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA. 19034 Plaintiff V. FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER 350 MIDDLE ROAD NEWVILLE, PA 17241-8609 Defendants File #: 234724 bFy ?. 2010 DS C' ?,.. t'om' •iu''i_..., ., ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?Q ?) 7 CNY) CUMBERLAND COUNTY S J2• DU pd Al ck 331/ 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 #: 234724 Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA 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: FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER 350 MIDDLE ROAD NEWVILLE, PA 17241-8609 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/03/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1290, Page 145. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 #: 234724 6 The following amounts are due on the mortgage: Principal Balance $88,522.39 Interest $1,858.97 11/01/2009 through 03/24/2010 (Per Diem $12.9095) Attorney's Fees $650.00 Cumulative Late Charges $168.98 11/03/1995 to 03/24/2010 Property Inspections/Property Preservations $45.00 Non Sufficient Funds Charge $20.00 Costs of Suit and Title Search X550.00 Subtotal $91,815.34 Suspense Credit $24.14 Escrow Credit ($1,273.25) Deficit $0.00 Subtotal $1,297"39 TOTAL $90,517.95 7 Plaintiff is nat seeking a judgment of personal liability (or an in nersomm 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 #: 234724 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rum judgment against the Defendant(s) in the sum of $90,517.95, together with interest from 03/24/2010 at the rate of $12.9095 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: awrence T. Phelan, Esq., Id. No. 32227 Fran cis 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 Attorneys for Plaintiff File #: 234724 LEGAL DESCRIPTION Tract #I ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road No. T-402, on the line of Lot No. 3 on the hereinafter mentioned plan of lots; thence along the latter, South 63 degrees 56 minutes 20 seconds West, a distance of 207.91 feet to a metal fence post; thence along the same, South 41 degrees 55 minutes 00 seconds East, a distance of 358.55 feet to an iron pin on the line of Lot No. 11 on said plan; thence along the latter, South 48 degrees 05 minutes 00 seconds West, a distance of 322.76 feet to an iron pin on the line of Lot No. 9 on said plan; thence along the latter, North 41 degrees 55 minutes 00 seconds West, a distance of 450.00 feet to an iron pin; thence along the same, North 48 degrees 05 minutes 00 seconds East, a distance of 522.76 feet to a railroad spike in the centerline of said T-402; thence along the latter, South 41 degrees 55 minutes 00 seconds East, a distance of 148.25 feet to a railroad spike, the Place of BEGINNING. CONTAINING 3.8845 acres according to a subdivision plan for Aaron S. Stoltzfus by Carl D. Bert, R.S., dated October 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 32, Page 18, and being designated as Lot No. 10 thereon. SUBJECT, NEVERTHELESS, to the restrictions contained in prior deed. File #: 234724 TRACT #2 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road No. T-402 on the line of Lot No. 3 on the hereinafter mentioned plan of lots; thence along the latter, South 63 degrees 56 minutes 20 seconds West, a distance of 207.91 feet to a metal fence post; thence along the same, North 41 degrees 55 minutes 00 seconds West, a distance of 294.85 feet to an iron pin on the line of Lot No. 10 on said plan; thence along the latter, South 48 degrees 05 minutes 00 seconds West a distance of 322.76 feet to an iron pin on the line of Lot No. 9 on said plan; thence along the latter and Lot No. 12 on said plan, South 41 degrees 55 minutes 00 seconds East, a distance of 445.07 feet to an iron pin; thence continuing along Lot No. 12 North 48 degrees 48 minutes 18 seconds a distance of 521.54 feet to a railroad spike in the centerline of said township road; thence along the latter, North 41 degrees 11 minutes 42 seconds West a distance of 100.00 feet to a railroad spike, the Place of BEGINNING. CONTAINING 3.8952 acres according to a subdivision plan for Aaron S. Stoltzfus by Carl D. Bert, R.S., dated October 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 32, Page 18, and being designated as Lot No. 11 thereon. TRACT #3 File #: 234724 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road No. T-402, on the line of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence along the latter, South 48 degrees 48 minutes 18 seconds West, a distance of 521.54 feet to an iron pin; thence along the same, North 41 degrees 55 minutes 00 seconds West, a distance of 250 feet to an iron pin on the line of Lot No. 9 on said Plan; thence along the latter, South 48 degrees 48 minutes 18 seconds West, a distance of 276.96 feet to an iron pin on the line of Lot No. 27 on said Plan; thence along the latter and Lot No. 28 on said Plan, South 41 degrees 11 minutes 42 seconds East, a distance of 524.98 feet to an iron pin on the line of Lot No. 16 on said Plan; thence along the latter, North 48 degrees 48 minutes 18 seconds East, a distance of 280.11 feet to an iron pin on the line of Lot No. 13 on said Plan; thence along the latter, North 41 degrees 11 minutes 42 seconds West, a distance of 175 feet to an iron pin; thence along the same, North 48 degrees 48 minutes 18 seconds East, a distance of 521.54 feet to a railroad spike in the center line of said Township Road No. T-402; thence along the latter, North 41 degrees 11 minutes 42 seconds West, a distance of 100 feet to the Place of BEGINNING. CONTAINING 4.5641 Acres according to a subdivision plan for Aaron S. Stoltzfus by Carl D. Bert, R.S., dated October 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 32, Page 18, and being designated as Lot No. 12 thereon. File #: 234724 BEING the same premises which Glenn G. Vanasdlen, Jr. and Deborah A. Vanasdlen, by Deed dated and recorded even date herewith, granted and conveyed unto Fred J. Koppenhaver and Sherry L. Koppenhaver, Mortgagors herein. PROPERTY BEING; 350 MIDDLE ROAD PARCEL# 44-06-0037-050 File #: 234724 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 unworn falsifications to authorities. DATE: ttomey for Plaintiff C File #: 234724 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitors u t 1+ )ita GMAC Mortgage, LLC vs. Fred J. Koppenhaver (et al.) Case Number 2010-2107 SHERIFF'S RETURN OF SERVICE 03/29/2010 06:07 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2010 at 1805 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the L. Koppenhaver, Wife within named defendant, to wit: Fred J. Koppenhaver, by making known unto ?amle of defendant at 350 Middle Road, Newville, Cumberland County, Penns??ani 1 its contents and at the same time handing to her personally the said true and correct copylof/ ,DEPUTY 03/29/2010 06:07 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2010 at 1805 hours, he served a true copy of the within Complaint in Mortgage o closure, upon the within named defendant, to wit: Sherry L. Koppenhaver, by making known unto rself ersonally, at 350 Middle Road, Newville, Cumberland County, Pennsylvania 17241 its cony?}?ts d at t same time handing to her personally the said true and correct copy of the same. (( ?/ S SHERIFF COST: $54.80 March 30, 2010 ,DEPUTY SO ANSWERS, ,.. ---- RON , R ANDERSON, SHERIFF (r.) Countysdae 1 h "ift. T C' Ipor,-)ft (r.-;;_ 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, S/I/I TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA vs. FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER ~t~o Ey fear ~ir~tif~ r; - . ;-~, ~~ ~, _~. -, _ - - __, . _ .. V ~, ~ 1 iTi ~} . ~ -- .~ ;,: ==- .. C~ .. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2107 CIVIL 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 FRED J. KOPPENHAVER. and SHERRY L. KOPPENHAVER, 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 Plaintiffls damages as follows: $I~f.oo PA ATE"/ ~~` a~ Ic~o9 ~~eR. ~.a:~P As set forth in Complaint $90,517.95 Interest - 03/25/2010 to 05/04/2010 TOTAL $529.31 $91,047.26 I hereby certify that (1) the Defendant's last known address is 350 MIDDLE ROAD, NEWVILLE, PA 17241-8609, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1 Lawrence T. Phel quire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ~ieetal R. Shah-Jani, Esquire Jennie 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. 1 DATE: g /p r ~J PHS # 234724 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER No. 10-2107 CIVIL 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 FRED J. KOPPENHAVER is over 18 years of age and resides at 350 MIDDLE ROAD, NEWVILLE, PA 17241-8609. (c) that defendant SHERRY L. KOPPENHAVER is over 18 years of age and resides at 350 MIDDLE ROAD, NEWVILLE, PA 17241-8609. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ^ Lawrence T. Phel n, 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 dith 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, S/I/I TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER CIVIL DIVISION No. 10-2107 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: 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 ^ J rth 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA Plaintiff v. FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER Defendant(s) TO: FRED J. KOPPENHAVER 350 MIDDLE ROAD NEWVQ.LE, PA 17241-8609 DATE OF NOTICE: Apri120, 2010 COURT OF COMMON PLEAS CIVIL DNISON NO. 10-2107 CNIL CUMBERLAND COUNTY THIS FIIZM 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 WII,L BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED 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 PHS # 234724 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE ~1 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lawrence T. Phelan, Esq., Id. Nar3~'l27 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She al R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., ld. 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 # 234724 GMAC MORTGAGE, LLC, S/UI TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA Plaintiff v. FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER Defendant(s) TO: SHERRY L. KOPPENHAVER 350 MIDDLE ROAD NEWVILLE, PA 17241-8609 DATE OF NOTICE: Apri120, 2010 COURT OF COMMON PLEAS CIVIL DNISON NO. 10-2107 CNIL 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 RECENED 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. PHS # 234724 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lawrence T. Phelan, Esq., Id. ~Fe--3~T7 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele .Bradford, Esq., Id. No. 69849 Judith .Romano, Esq., Id. No. 58745 She al R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek~Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234724 WERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I iLED 07' F,CF r n w ,- Sheriff P d!, , ¢ '+ Jody SSmith , 0 "P 3 P ?f v; ? -a Chief Deputy Richard W Stewart 'JMBER AHD COO l Y Solicitor 0FFCEOFT, GSM' RIFF PENNSYLVANIA GMAC Mortgage, LLC vs. Fred J. Koppenhaver (et al.) Case Number 2010-2107 SHERIFF'S RETURN OF SERVICE 06/25/2010 09:32 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 0920 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 Fred J. & Sherry L. Koppenhaver, located at 350 Middle Road, Newville, Cumberland County, Pennsylvania according to law. 06/29/2010 03:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/10 at 1548 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:Sherry L. Koppenhaver, by making known unto, Fred J. Koppenhaver, spouse, at, 350 Middle Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/29/2010 03:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6129/10 at 1548 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: Fred J. Koppenhaver, by making known unto, Fred J. Koppenhaver, personally, at, 350 Middle Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 7128/10 SHERIFF COST: $2,510.36 September 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF j ? ? pof " .2 7,z jci CountySuite Sheriff. Telaosoft, Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 C"3 C @T} Q7 Attorney For Plaintiff :r m na C7 O v rn en i ea x. s GMAC MORTGAGE, LLC, S/l/I TO GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA Plaintiff vs FRED j. KOPPENHAVER SHERRY L. KOPPENHAVER Defendant Court of Common PledSCivil Division : I CUMBERLAND County : I No. 10-2107 CIVIL TO THE PROTHONOTARY: Please mark the j dgment(s) satisfied ZELAN d the action settled tinued and ended. . rn S IF ? -- ?n ?rn 3 ; Date: IN IEG, 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 234724 Attorneys for Plaintiff