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Home My WebLink About10-4476Phelan 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 243307 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. LISA KING 549 MEADOW CROFT CIRCLE UNIT 44 MECHANICSBURG, PA 17055-5863 Defendant ;1' 2010 JE`1 -7 `•1,i I I: ?0 9 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /? - ' V76 CUMBERLAND COUNTY aj/7 cek 979,a2. C? 0jyy?l)- File N. 243307 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 #: 243307 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: LISA KING 549 MEADOW CROFT CIRCLE UNIT 44 MECHANICSBURG, PA 17055-5863 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1924, Page 841. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2010 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 #: 243307 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2010 through 06/25/2010 (Per Diem $25.5008) Attorney's Fees Cumulative Late Charges 02/14/2008 to 06/25/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Subtotal Suspense Credit Escrow Credit TOTAL 7 8. $158,430.26 $4,490.27 $650.00 $1,045.59 $78.75 $550-00 $165,244.87 ($8.50) ($1, $164,219.77 Plaintiff is nat seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 243307 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $164,219.77, together with interest from 06/25/2010 at the rate of $25.5008 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 ? 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 #: 243307 LEGAL DESCRIPTION ALL that certain Unit, being Unit No. 44 (the 'Unit'), of MeadowCroft, A Townhome Condominium (the 'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of MeadowCroft, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 716, Page 3356 and Right-of-Way Plan Book 13, Page 88 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. PROPERTY ADDRESS: 549 MEADOW CROFT CIRCLE UNIT 44, MECHANICSBURG, PA 17055 PARCEL NO.: 42-11-0276-013A-U44 File #: 243307 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. omey for Plaintiff DATE: 71 if? File #: 243307 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~. Sheriff ~ i,,.. .,,:3~'1 ~Qti~s~',r of ~"~i~nbrrf~rr~ '. Jody S Smith . ; Chief Deputy Z U ~ ~ ~~_~'~. ~ ~ ~r'i -' • L `" ;1< Richard W Stewart , f-r~ Solicitor ~F~ F -~' °~~ ~~rvF~r~ C~P~" . - . `~~ GMAC Mortgage, LLC vs. Case Number Lisa King 2010-4476 SHERIFF'S RETURN OF SERVICE 07/08/2010 08:26 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2010 at 2026 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa King, by making known unto herself personally, at 549 Meadowcroft Circle, Unit 44, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the s A COBA H, EPUTY SHERIFF COST: $37.00 July 09, 2010 SO ANSWERS, ,~ ~ -~ RON R ANDERSON, SHERIFF c CeuntySuite Sheriff. ie!ecsutT Inc. e ~ • loco ~~~ ~ ~ ~~ ~ ~~ 52 C~~!~E~ _, ... .:s~i~t ~Y i~~~`1~ '~ l'~-~ ~'4, Phelan Hallinan & Schmi g, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., d. No. 62695 Daniel G. Schmieg, Esq., d. No. 62205 Michele M. Bradford, Es ., Id. No. 69849 Judith T. Romano, Esq., I . 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., I . 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, sq., Id. No. 94620 Joshua I. Goldman, Esq., d. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Es ., Id. No. 208375 1617 JFK Boulevard, Sui e 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, vs. LISA KING Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4476-CIVIL CUMBERLAND COUNTY CIPE TO SUBSTITUTE VERIFICA TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTJARY: PHS #: 243307 LISA KI G 549 MEA OW CROFT CIRCLE UNIT 44 MECHA ICSBURG, PA 17055-5863 Phelan Hallinan & Schmieg, LLP Atto for Pl 'tiff By: ^ Lawrence T. Phe an, 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 ^ 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 Date: 7-15-10 PHS #: 243307 .` VERIFICATION MORTGAGE, take this V in Mortgage F information and hereby states that he/she is ~ S tC~ of, GMAC agent for Plaintiff in this matter, that he/she is authorized to and verify that the statements made in the foregoing Civil Action are true and correct to the best of his/her knowledge, . The undersigned understands that this statement is made subject to the penalties of 1 ~ Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DA ~ ~ /O Jeffrey Stephan Limited Signing Officer Servicer: GMAC MORTGAGE, LLC File #: 243307 Name: KING Phelan Hallinan & Schmi g, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., d. No. 62695 Daniel G. Schmieg, Esq., d. No. 62205 Michele M. Bradford, Es ., Id. No. 69849 Judith T. Romano, Esq., I . 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., d. No. 90134 Chrisovalante P. Fliakos, sq., Id. No. 94620 Joshua I. Goldman, Esq., d. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Es ., Id. No. 208375 1617 JFK Boulevard, Sui e 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, Plaintiff vs. LISA KING Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.10-4476-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify t at a true and correct copy of Plaintiffls Praecipe to attach Verification of Complaint was sent vi first class mail to the following on the date listed below: PHS #: 243307 Kindly substitutee attached verification for the verification originally filed with the complaint in the instant tter. Phelan Hallinan & Schmieg, LLP Attorney for Plai ' f By: ^ Lawrence T. sq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ ith 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: 7-15-10 PHS #: 243307 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v LISA KING Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/12/2010 to Date of Sale ($27.19 per diem) TOTAL O U4.00 PA ATTy 3'1.00 CBF U-00 " N-00 r,0 - PO ATW 1a.0o 1 'Mc. • 50 LL Note: Please attach description of property. PHS # 243307 cv IDo9 &W, 0,249115 NO. 10-4476-CIVIL CUMBERLAND COUNTY $165,418.31 _ a _ a i 'tJ $5,519.57 ) - $170,937.88 ° a - Attorney for Plainti 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 ? dith T. Romano, Esq., Id. No. 58745 0 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 PE LAYtt%j2Wud H M N ? ? W h ? Uo U¢ ? wa 00 A. U ?D 3 a? r4?U zz? Od W rj a? Oa O U O? O? ?U a a CW7 d a? ?a C7 > a O w ? W A4 egg U 0 c ON 0" cn C'4 .0 'o N??.?r .M.M-? O?b? M?? po?CpM M N r0 Z.C4 1 p of O c d :2 z -6 C; 6 ozoroo, Mo" oZZ~ZZb aZzz - . z ? c. w J Www? 'w o?q "'d jig mE-?xCA ?gE?" a g ?00oo ?DCJDG70C7?C7 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff V. LISA KING Defendant(s) Attorneys for Plaintiff ` ;14I, 1 COURT OF COMMON PLEAS CERTIFICATION : CIVIL DIVISION : NO. 10-4476-CIVIL : 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 Plamtiff 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 ? dith T. Romano, Esq., Id. No. 58745 [7 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 10-4476-CIVIL LISA KING Defendant(s) CUMBERLAND COUNTY PHS # 243307 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 549 MEADOW CROFT CIRCLE UNIT 44, MECHANICSBURIG, PA 17055-5863. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2 3 LISA KING Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 549 MEADOW CROFT CIRCLE UNIT 44 MECHANICSBURG, PA 17055-5863 Address (if address cannot be reasonably ascertained, please so indicate) 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) Capital One Bank USA, N.A. Capital One Bank USA, N.A. C/o: James C. Warmbrodt, Esquire North Star Capital Acquisition, LLC C/o: David J. Apothaker, Esquire Meadowcroft Townhouse Condo Association Property Management 15000 Capital One Drive Richmond, VA 23238 436 Seventh Avenue; Suite 1400 ? i y Pittsburgh, PA 15219 520 Fellowship Road; C306 Mount Laurel, NJ 08054 P.O. Box 622 -=- a Lemoyne, PA 17043-0622 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation Household Finance Corporation Household Finance Corporation 25 Gateway Drive; Gateway Square/Suite 107 Mechanicsburg, PA 17055 25 Gateway Drive; Suite 107 Mechanicsburg, PA 17055 577 Lamont Road Elmhurst, IL 60126 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. 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) TENANVOCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 549 MEADOW CROFT CIRCLE UNIT 44 MECHANICSBURG, PA 17055-5863 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Meadowcroft Townhouse Condo Association P.O. Boa 622 Property Management Lemoyne, PA 17043-0622 Meadowcroft Townhome Condominium 603 Wyoming Avenue Association Kingston, PA 18704-3701 Meadowcroft Townhome Condominium 4701 North Front Street Association Harrisburg, PA 17110-1711 Meadowcroft Homeowners Association, Inc. 21 West Washington Street; Suite D West Chester, PA 19380-2666 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or informatiott 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 thorit September 28, 2010 By: Attorney for Plaintiff 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 []heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 10-4476-CIVIL LISA KING CUMBERLANDC OiJWY ? ., Defendant(s) = NOTICE OF SHERIFF'S SALE OF REAL PROPERTY o ?. CD, TO: LISA KING 549 MEADOW CROFT CIRCLE UNIT 44 - MECHANICSBURG, PA 17055-5863 "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 549 MEADOW CROFT CIRCLE UNIT 44, MECHANICSBURG, PA 17055-5863 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $165,418.31 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 abbe 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.) 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after'the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNON' 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. 10-4476-CIVIL GMAC MORTGAGE, LLC VS. LISA KING owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, beigg (Municipality) (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $165,418.31 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 44 (the `Unit'), of MeadowCroft, a Townhome Condominium (the'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of MeadowCrok a Townhome Condominium (the 'Declaration of Con o ominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of, Deeds in Misc. Book 716, Page 3356 and Right of Way Plan Book 13, Page 88, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights of way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. TITLE TO SAID PREMISES IS VESTED IN Lisa King, an adult individual, by Deed from Classic Communities Corporation, a Pennsylvania business corporation, dated 09/14/2005, recorded 09/23/2005 in Book 271, Page 511. PREMISES BEING: 549 MEADOW CROFT CIRCLE UNIT 44, MECHANICSBURG, PA 17055- 5863 PARCEL NO. 42-1t-0276-013A-U44 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5369 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From LISA KING (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 $165,418.31 L.L.$.50 Interest from 8/12/10 to Date of Sale ($27.19 per diem) -- $5,519.57 Atty's Comm % Atty Paid $169.50 Plaintiff Paid Date: 1015110 (Seal) Due Prothy $2.00 Other Costs Da D. Buell, Prothonotary By. ? Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILAbELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 1a' Fax Server. 10/4/2010 5:48:12 PM PAGE 1/001 Fax Server Foreclosure MallaDer Ph lan Hallnlm-i & Sclnnieg, L.L.P. One eini Center at Subtwban Station 147 Jolui F. Keiniedy Boulevard State 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-7009 October 4, 2010 Office of the Sheriff Cumberhuid Coulnty Cou One Coulthouse Sqw-tre Carlisle, PA 17013 Atm: Reel Estate Fax Number: 717-240-6397 Re: GMAC MORT( LISA KING 549.N- ADOW Court No. 10x4 Dear SlOvkidam: Represzntiig Lenders in Petuisv1vmnia mid New Jersev ? o c =m = •c , ?-- m r d N t? -T j LLC v. ?> c Q -) cC T CIRCLE UNIT 44 MECHANICSBURG. PA 17055-5 YS Please STAY the Sh lff's Sale of the above referenced plnperty, which 1s scheduled forMarch 2, 2011 due to the following: Loan Modification. $13-80.27was received in consideration of the sum You are hexebv dire ct d to iimuediate diseonthme the advertisiig of the scale mud processingg orposting of the once of Sale. Please retuni the origi ml Writ of Execution to the Prothonotary as soon as possible. In addition. please forward a copy of the cost sheet pertaining to this sale to our office via facsimile to 215-567-0072 or regular mail at Fotu- earliest convenience. Thank you for vour eo?peration in this matter. Verv TmJv Yours, ELIZABETH HA1 T INAN f Phel.°ill Hallillaln & Schll]ieg, PHS # _`43307 OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF COUNTY OF CUMBER] VANIA) NO 10-5369 Civil CIVIL ACTION - LAW TO THE SHERIFF OF To satisfy the debt, From LISA KING (1) You are directed to DESCRIPTION. (2) You are also directed to of GARNISHEE(S) as follows: ERLAND COUNTY: and costs due GMAC MORTGAGE, LLC, Plaintiff (s) upon the property of the defendant (s)and to sell SEE LEGAL the property of the defendant(s) not levied upon in the possession 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 defendan (s) not levied upon an subject to attachment is found in the possession of anyone other than a named g ishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as abo a stated. Amount Due $165,418.31 L.L.$.50 Interest from 8/12/10 to Date o Sale ($27.19 per diem) -- $5,519.57 Atty's Comm % Atty Paid $169.50 Plaintiff Paid Date: 1015110 (Seal) REQUESTING PARTY: Name: SHEETAL R. SHAH-JA Address: PHELAN HALLINAN 1617 HK BOULEVAF ONE PENN CENTER PHILADELPHIA, PA Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 Due Prothy $2.00 Other Costs Vivid '1J.?io!( Da D. Buell, Prothono ary By: ?. Deputy 41, ESQUIRE & SCHMIEG, LLP , SUITE 1400 PLAZA TRUE Co" ??« .1 ? y??? a 19103 Tku cwt ?f Q P& ?. fJp