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HomeMy WebLinkAbout10-6208Phelan 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 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Defendant CE THE r t?O WiONOTARY 0116 S7-?8 PM 1:44 -UMPER? AND COUNTY N ± A1t! ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. IO -lvao8 Civil Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 4U.Oo PD ate c MOWI e? a?888? 251493 File #: 251493 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 #: 251493 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/25/2009 SUSAN P. CARR-HUDGINS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200909808. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2010 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 #: 251493 6. The following amounts are due on the mortgage: Principal Balance $175,543.45 Interest $5,120.01 03/01/2010 through 09/14/2010 (Per Diem $24.381) Attorney's Fees $650.00 Late Charges through 09/14/2010 $322.22 Property Inspections/Property Preservations $46.75 Costs of Suit and Title Search $550.00 Escrow Deficit $1,845.14 Subtotal $184,077.57 Suspense Credit 800.00 TOTAL $183,277.57 7. 8. 9. Plaintiff is not 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 251493 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $183,277.57, together with interest from 09/14/2010 at the rate of $24.381 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 CHMIEG, LLP By: el sq., Id. No. 32227 Oea n ce T. P ? rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 251493 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty (160) feet to a point; thence South sixty-nine (69) degrees forty-five (45) minutes West, by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty (180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty (140) feet to a point; thence by same, by an arc or curve to the right with a radius of twenty (20) feet, a distance of thirty-one and of forty-two hundredths (31.42) feet to a point on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine (69) degrees forty-five (45) minutes East one hundred sixty (160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as'Orchard Terrace', which plan is of record in the Cumberland county Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred (100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundredth sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's File #: 251493 Office with the aforementioned plan of lots. BEING the ame premises which Robert D. Nailor, Mar oria M. Nailor, Harry R. Mohler, Jr. and Karen Mohler by deed dated April 22, 1961 and recorded in the Recorder of Deeds Office in and for Cumberland County on April 24, 1961 in Deed Book 20-E, Page 195 granted and conveyed unto James H. Thoma and Eva F. Thoma. The said James H. Thomas having passed away on May 21, 2008 thereby vesting sole title to Eva F. Thoma by operation of law. PROPERTY ADDRESS: 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 PARCEL # 42-30-2114-024 File #: 251493 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: a Attorney for Plaintiff File #: 251493 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~ots~ ~i ~, ~ ,,, ~, F _ a __ 4~. ._ I .. , x , GMAC Mortgage, LLC vs. Case Number Susan P. Carr-Hudgins 2010-6208 SHERIFF'S RETURN OF SERVICE 10/01/2010 04:13 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2010 at 1613 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan P. Carr-Hudgins, by making known unto Arthur Hudgins, Husband of defendant at 10 Hillcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. DENNIS FR ,DEPUTY SHERIFF COST: $37.00 October 05, 2010 SO ANSWERS, "'~- RON R ANDERSON, SHERIFF w._ FiLEt3-OFF'~C~ C~ T~'~ f's?~~~1~°~"~ i'~t`?'~ ~~~~ OCT 29 P-'~ I: ~7 ~tlM~E~LA~dD CG~Sa ~ '~' ~rr,eg. ,'atiF t 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. 10-6208-CIVIL TERM SUSAN P. CARR-HUDGINS CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 251493 ~ ~ Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP A rn for Plaintiff By. 1~ ^ 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 Date: 10-27-10 PHS #: 251493 t~ . . VERIFICATION Nancy Dilworth ~ hereby states that he/she isF~~OS'~'j'e Spe~alist of, GMAC MORTGAGE, LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify 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 falsification to authorities. DATE: j~ !~ ~ " o~ U l b File #: 251493 ~ w ~,~~, Name: Dilworth Title: Foractosuie Specialist Servicer: GMAC MORTGAGE, LLC Name: CARR-HUDGINS ~. ~ 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. 69$49 3udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 3enine 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 3oshua 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. SUSAN P. CARR-HUDGINS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.10-6208-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 251493 ~ ~L SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Phel Hallinan & Schmieg, LLP Atto y for Plaintiff,, , By: ~~ ~WIIL~~ ^ 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 Date: 10-27-10 PHS #: 251493 FILED-OFFICE O THE PROTHONOTAR', 2010 DEC 20 AM 10: 03 "UMBERLAND COU T '' PENNSYLVANIA 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff GMAC MORTGAGE, LLC CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS SUSAN P. CARR-HUDGINS : CIVIL DIVISION No. 10-6208-CIVIL TERM ?c?. fly -,;a aD? 2? 251493 tjowck- ?Wwo 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 SUSAN P. CARR- HUDGINS, 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 Plaintiffs damages as follows: As set forth in Complaint $183,277.57 Interest - 09/15/2010 to 12/17/2010 $2,291.81 TOTAL $185,569.38 I hereby certify that (1) the Defendant's last known address is 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525, and (2) that notice has been givenalr aeee 'th Rule 237.1, copy attached. ence T. Phelan, Esq., Id. No. 322 7 ? 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 ? An ew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 12- D - IU PHS # 251493 PROTHONOT. 251493 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC : CUMBERLAND COUNTY 1100 VIRGINIA DRIVE, P.O. BOX 8300 : COURT OF COMMON PLEAS FORT WASHINGTON, PA 19034 VS. SUSAN P. CARR-HUDGINS : CIVIL DIVISION : No. 10-6208-CIVIL TERM 251493 AFFIDAVIT OF NONMILITARY 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 no 1t 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 SUSAN P. C RR-HUDGINS is over 18 years of age and resides at 10 HILLCREST DRIVE, MECHAQSBURG, PA 17055-5525. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - .____ _______ December 17, 2010 wrence T. Phelan, Esq., Id. No. 32224 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 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 on F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 251493 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. SUSAN P. CARR-HUDGINS NO. 10-6208-CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 DATE OF NOTICE: November 1, 2010 THIS FIRM IS A DEBT COLLECTOR ATI IS SENT TO YOU IN AN ATTEMPT TO HEREIN, AND ANY INFORMATION OB'. PURPOSE.IF YOU HAVE PREVIOUSLY THIS CORRESPONDENCE IS NOT AM ATTEMPT TO COLLECT A DEBT, BUT PROPERTY. EMPTING TO COLLECT A DEBT. THIS NOTICE ?OLLECT THE INDEBTEDNESS REFERRED TO AINED FROM YOU WILL BE USED FOR THAT RECEIVED A DISCHARGE IN BANKRUPTCY, SHOULD NOT BE CONSTRUED TO BE AN ONLY AS ENFORCEMENT OF LIEN AGAINST IMPORTANNT 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 OUR 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 # 251493 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 BERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r? L? ivr?, v By: La rence T. Phelan, Esq., Id. No. 32227 Fr cis S. Hallinan, Esq., Id. No. 62695 D iel G. Schmieg, Esq., Id. No. 62205 Mi hele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sh etal R. Shah-Jani, Esq., Id. No. 81760 Jen ne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vi ek 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 Ch 'sovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Co rtenay R. Dunn, Esq., Id. No. 206779 An rew C. Bramblett, Esq., Id. No. 208375 Phe an Hallinan & Schmieg, LLP 161 JFK Boulevard, Suite 1400 On Penn Center Plaza. Phi delohia, PA 19103 PHS 9 251493 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff v SUSAN P. CARR-HUDGINS Defendant(s) . COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6208-CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/18/2010 to Date of Sale ($30.93 per diem) TOTAL 4ay.o6 'IL all, 3 7- U° ' easy ?.? ga .vim It rr rr • It r ( L ?a.av ?d ? Sa Note: Please attach description of property. PHS # 251493 CK? /off?6)4, A-=#- C;z sYa`3 $185,569.38 $5,134.38 19 Attorney for Pla' man &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 riso ew C. B ramblett, Esq., Id. No. 208375 n F. Wells, Esq., Id. No. 309519 c b -n -oz _ = " M 33, -, r X at rn _< ON ° ° C ) Z W) ti N N ? ? O a ? H 3 aU? ? U ?D 01 a? oa Q O UW ?U U a V d a O •? ?a C7 y U w aA rA O W ? O o PlICE O w U 0 N y? N N H 000 r- 00 N pp M p? ? Q Mob C? OMN t?oO?zAN Cam. a,Z o oz oZo?ooM,N„ o o cb c oz° cv'"Z °zZZ0!Zb ziWbb ?Z •:? vii o"o"W?-^?.?ybbzb y ?.? a;N W b BWLjW•d?w d?e'O"ti yWW?WW tea' ogoWWw~W 01 Cf) keys ?•?_. F-'? a ?; 3? c ? ?3 ? Q N Xi iti H y ?aoaoaooaaaoooaoo? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff V. SUSAN P. CARR-HUDGINS Defendant(s) CERTIFICATION : NO.: 10-6208-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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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. Ay' Attorney for iff allinan & 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 ? An ew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 26 PM 2: 16 CUMBERLAND COUNTY COURT OF COMMON PLEAS PENNSYLVANIA CIVIL DIVISION . ?. GMAC MORTGAGE, LLC Plaintiff V. SUSAN P. CARR-HUDGINS Defendant(s) COURT OF COMMON PLEAS OF THE PROTHONOTARY 2011 JAN 26 PM 2: 16 CUMBERLAND COUNT' PENNSYLVANIA CIVIL DIVISION NO.: 10-6208-CIVIL TERM CUMBERLAND COUNTY PHS # 251493 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 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525. 1. Name and address of Owner(s) or reputed Owner(s): Name SUSAN P. CARR-HUDGINS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET, SW DEVELOPMENT WASHINGTON, D.C. 20410 SECRETARY OF HOUSING AND URBAN P.O. BOX 27670 DEVELOPMENT C/O FIRST AMERICAN SANTA ANA, CA 92799 TITLE COMPANY ATTN: LOSS MITIGATION TITLE SERVICES SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O JAYLYNN KNEBEL 5. Name and address of every other person who ha: Name None. 3451 HAMMOND AVENUE WATERLOO, IA 50702 any record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) ' - 1W 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 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 ATTENTION: JOHN MURPHY 6' FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoriti -----, January. 2011 By; Atto a fo 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 D-Alison F. Wells, Esq., Id. No. 309519 GMAC MORTGAGE, LLC SUSAN P. CARR-HUDGINS VS. FILED-OFFICE OF THE PROTHONOTAAaintiff 2011 JAN 26 PM 2: 16 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-6208-CIVIL TERM Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 "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 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 is scheduled to be sold at the Sheriff s Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $185,569.38 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6208-CIVIL TERM GMAC MORTGAGE, LLC VS. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $185,569.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty (160) feet to a point; thence South sixty-nine (69) degrees forty-five (45) minutes West, by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty (180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty (140) feet to a point: thence by same, by an arc or curve to the right with a radius of twenty (20), a distance of thirty-one and of forty-two hundredths (31.42) feet to a point on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine (69) degrees forty-five (45) minutes East one hundred sixty (160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as 'Orchard Terrace', which plan is of record in the Cumberland County Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred (100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundred sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES VESTED IN SUSAN P. CARR-HUDGINS, A MARRIED INDIVIDUAL, GIVEN BY EVA F. THOMA, WIDOW, RECORDED 12/16/2008 IN INSTRUMENT # 200839842 PREMISES BEING: 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 PARCEL NO. 42-30-2114-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From SUSAN P. CARR-HUDGINS (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 $185,569.38 L.L.$.50 Interest FROM 12/18/2010 TO DATE OF SALE ($30.93 PER DIEM) -- $5,134.38 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 01/26/2011 David Buell, Pro of (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT SUSAN P. CARR-HUDGINS SERVE SUSAN P. CARR-HUDGINS AT: 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Served and made known to SUSAN o' w, o'clock?. M., at 10 4 1 i4citEs Defendant personally served. Adult family member with whom 1 Relationship is 4touNA Adult in charge of Defendant's resi - Manager/Clerk of place of lodging - Agent or person in charge of Defer an officer of sa AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHS # 251493 SERVICE TEAM/ kxc co I'Ti COURT NO.: 10-6208-CIVIL TE I1jrn :P* T t -7) TYPE OF AC ION _4 CD XX Notice of Sheriffs Sale SALE DATE: 06/01/2011 c:3 730 e"J'119 . SERVED G 77 - TINS Defendant on the R+-day of 20 aft '.56APA, in the manner described below: s) reside(s). nce who refused to give name or relationship. which Defendant(s) reside(s). ant's office or usual place of business. Defendant's company. Other: C,? Description: Age 5b Height f t Weight 1(ed Race g Sex M Other I, OMI} D &_! C_ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc 'bed before me this day of R 2011. , Not4nt By: NOTSERVED Out o 20 at o'clock _. M., Defendant NOT FOUND because: _ Does Not Ex st _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of -- By: Notar -----"-??? Klty `?RLY CuRTY ``t0TAXY, P r v f;'`:' _'F, ,\1A- my c0mN ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 z71.3 Michde 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 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7100 Y4 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GMAC MORTGAGE, LLC Court of Common Pleas mco Plaintiff =;a Civil Division vs . CUMBERLAND County 'Po A C-) SUSAN P. CARR-HUDGINS ?G Defendant No. 10-6208-CIVIL TERM ?f TO THE PROTHONOTARY: PRAECIPE Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: `7 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. 206775_" Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 251493 Attorneys for Plaintiff 1 C) -r a r A ?- Cl lp1o,9 7l01 Q as too 34 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor GMAC Mortgage, LLC vs Case Number . Susan P. Carr-Hudgins 2010-6208 SHERIFF'S RETURN OF SERVICE 03/09/2011 07:40 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 10 Hillcrest Drive, Mechanicsburg, PA 17055, Cumberland County. 03/09/2011 07:40 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be ARTHUR HUDGINS - HUSBAND, who accepted as "Adult Person in Charge" for Susan P. Carr-Hudgins at 10 Hillcrest Drive, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 03/15/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 3/8/11. SHERIFF COST: $99.90 March 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 12 :00 1). Ce. SZ? Lj, yd ic; mrly' ,nt 1 .i 11 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-6208-CIVIL TERM SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY PHS # 251493 AFFIDAVIT PURSUANT TO RULE 3129.1 Name and address of Owner(s) or reputed Owner(s): Name SUSAN P. CARR-HUDGINS Address (if address cannot be reasonably ascertained, please so indicate) 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET, SW DEVELOPMENT WASHINGTON, D.C. 20410 SECRETARY OF HOUSING AND PRBAN P.O. BOX 27670 DEVELOPMENT C/O FIRST AMERICAN SANTA ANA, CA 92799 TITLE COMPANY ATTN: LOSS MITIGATION TITLE SERVICES ' 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. 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 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525. SECRETARY OF HOUSING ANDRBAN 3451 HAMMOND AVENUE DEVELOPMENT C/O JAYLYNN EBEL WATERLOO IA 50702 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 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 ATTENTION: JOHN MURPHY 6' FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoriti . - January 1q, 2011 By: - Atto a fo 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 ?Ron F. Wells, Esq., Id. No. 309519 At GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-6208-CIVIL TERM SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 "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 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $185,569.38 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. AL 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. 10-6208-CIVIL TERM GMAC MORTGAGE, LLC VS. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $185,569.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 s , L LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty (160) feet to a point; thence South sixty-nine (69) degrees forty-five (45) minutes West, by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty (180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty (140) feet to a.point: thence by same, by an arc or curve to the right with a radius of twenty (20), a distance of thirty-one and of forty-two hundredths (31.42) feet to a point on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine (69) degrees forty-five (45) minutes East one hundred sixty (160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as 'Orchard Terrace', which plan is of record in the Cumberland County Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred (100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundred sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES VESTED IN SUSAN P. CARR-HUDGINS, A MARRIED INDIVIDUAL, GIVEN BY EVA F. THOMA, WIDOW, RECORDED 12/16/2008 IN INSTRUMENT # 200839842 PREMISES BEING: 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 PARCEL NO. 42-30-2114-024 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6208-CIVIL TERM GMAC MORTGAGE, LLC VS. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $185,569.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty (160) feet to a point; thence South sixty-nine (69) degrees forty-five (45) minutes West, by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty (180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty (140) feet to a point: thence by same, by an arc or curve to the right with a radius of twenty (20), a distance of thirty-one and of forty-two hundredths (31.42) feet to apoint on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine (69) degrees forty-five (45) minutes East one hundred sixty (160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as'Orchard Terrace', which plan is of record in the Cumberland County Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred (100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundred sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES VESTED IN SUSAN P. CARR-HUDGINS, A MARRIED INDIVIDUAL, GIVEN BY EVA F. THOMA, WIDOW, RECORDED 12/16/2008 IN INSTRUMENT # 200839842 PREMISES BEING: 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 PARCEL NO. 42-30-2114-024 WRIT OF EXECUTION and/or ATTACHMENT % COMMONWEALTH OF PENNSYLVANIA) NO 10-6208 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From SUSAN P. CARR-HUDGINS (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 $185,569.38 L.L.$.50 Interest FROM 12/18/2010 TO DATE OF SALE ($30.93 PER DIEM) -- $5,134.38 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 01/26/2011 David . Buell, PrqDeputy (Seal) By: REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPS' FROM RECORD In Testimony whereof I here unto set my hand and the seal of said Co; c at Carlisle, Pa. This _4_1 ?iay of JG vJ - „ 20 1 t J /I Prothonotary C ? ? C 7 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 10 Hillcrest Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator .? a 0