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Home My WebLink About11-3036SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ??,?xttis Jody S Smith 1"' l7 , F t A Chief Deputy t < ±` n 2- 1 P << R.,:. Richard W Stewart Solicitor Green Tree Servicing, LLC Case Number vs. Richard A Lopez, Jr 2011-3036 SHERIFF'S RETURN OF SERVICE 03/17/2011 07:44 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2011 at 1944 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard A. Lopez Jr., by making known unto himself personally, at 6149 Haymarket Way, 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. ICHAEL BARRIC , DEPUTY 03/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Richard A. Lopez Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Richard A. Lopez Jr. Request for service at 4521 Linden Avenue, Suite 3, Mechanicsburg, Pennsylvania 17055 the defendant was not found. Richard A. Lopez Jr. currently resides at 6149 Haymarket Way, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $59.00 March 18, 2011 SO ANSWERS, R-ONI'V R ANDERSON, SHERIFF ci CountySuitn Sheriff. 7elo_ ott. Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GREEN TREE SERVICING, LLC Plaintiff vs RICHARD ALAN LOPEZ, JR Defendant Court of Common Pleas Civil Division CUMBERLAND County cv =C No. 11-3036-CIVIL 3''z d c ? C- C=rn ?o ? Qp a _ °z orn D PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute GREEN TREE CONSUMER DISCOUNT COMPANY as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: GREEN TREE CONSUMER DISCOUNT COMPANY is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 06/07/2011 in Mortgage Instrument No. 201116158 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: Tune 23, 2011 PHF"A HALLINAN &/S¢HMIEG, LLP By: Lawren . Phelan, Esq., Id. No. 12227 Francis . Hallinan, Esq., Id. No. 2695 Daniel Schmieg, Esq., Id. No. 62205 Michel y Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 261677 Attorneys for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of GREEN TREE CONSUMER DISCOUNT COMPANY. Date: June 23, 2011 PAAN HALLINAN PSCHMIEG, LLP Jenme 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 261677 Attorneys for Plaintiff By: Lawr nc T. helan, Esq., Id. No. 2227 Fran s . Hallinan, Esq., Id. No. 2695 Dani G Schmieg, Esq., Id. No. 62205 Mich Judith a .Br Romano, adford, Esq., Esq. Id. , Id. No. 58745 / Sheetal R. Shah-Jani, Esq., Id. No. No. 8174069849 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GREEN TREE SERVICING, LLC Plaintiff V. RICHARD ALAN LOPEZ, JR Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-3036-CIVIL CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 Date: ?It }3 1 By: Lawr e T.-Phel-an, Esq., Id. Ng/32227 Fran is . Hallinan, Esq., Id. N . 62695 Dan I Schmieg, Esq., Id. No. 62205 Mic 1 M. Bradford, Esq., Id. No. 69849 Judi . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff I Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ? i 5_s?z_?nnn GREEN TREE CONSUMER DISCOUNT COMPANY VS. RICHARD ALAN LOPEZ, JR Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No. 11-3036-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 RICHARD ALAN LOPEZ, JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: aPA+ 414. W T--A all Clow- 11WS1 V-+1--9k1c'A 7 261677 w b-v;u \ 1 6J1. \ec- As set forth in Complaint $123,386.95 Interest - 02/04/2011 to 07/14/2011 $3,715.88 TOTAL $127,102.83 I hereby certify that (1) the Defendant's last known address is 6149 HA WAY, MECHANICSBURG, PA 17050-5211, and (2) that notice has been with Rule Pa.R.C.P 237.1. Date an, Esq., Id. No. 32227 ? Francis S. Hallinan, sq., Id. No. 62695 ? Daniel G. Schmieg, sq., Id. No. 62205 ? Michele M. Bradfo d, Esq., Id. No. 69849 ? Judith T. Roman , Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 n-Aw-C., Bramblett, Esq., Id. No. 208375 -rTAllison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: WOOOW PHS # 261677 PROTHONOTARY 261677 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Duren, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY VS. RICHARD ALAN LOPEZ, JR Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-3036-CIVIL AFFIDAVIT 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 RICHARD ALAN LOPEZ, JR is over 18 years of age and resides at 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211. 261677 This statement is made subject to the penalties of 18 Pa. C.S. Section relating to unsworn falsification to authorities. Date T. Phelan, No. 32227 n, Esq., Id. No 62695 ? Daniel G. Schmieg, Esq., Id. Y. 62205 ? Michele M. Bradford, Esq., . 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff 261677 (Rule of Civil Procedure No. 236) - Revised GREEN TREE CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. RICHARD ALAN LOPEZ, JR CIVIL DIVISION : No 11-3036-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 1 By: w r. If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? ;2r-ew t y R. Dunn, Esq., Id. No. 206779 ? C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 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 PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff V. RICHARD ALAN LOPEZ, JR Defendant(s) TO: RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-3036-CIVIL CUMBERLAND COUNTY DATE OF NOTICE: July 1, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE, IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. MORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 261677 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 Iaw*?'„, T ^L?i?? Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 9 Michele M. Bradford, Esq., Id. No. 6984 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., I& No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Bramblett, Esq., Id. No. 208375 <'Allison F. Wells, Esq., Id. No. 309519 Wi1Tia i E:Nff1jd,-E?q..;Id: No 308951. Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261677 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-3036 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff (s) From RICHARD ALAN LOPEZ JR. (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: $127,102.83 L.L.: v*. W Interest from 7/15/2011 to Date of Sale ($20.89 per diem) - $" t 9 S3 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $191.50 Plaintiff Paid: Date: 12/2/2011 Other Costs: (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v RICHARD ALAN LOPEZ, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3036-CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/15/2011 to Date of Sale ($20.89 per diem) TOTAL Note: Please attach description of property. PHS # 261677 a5a??y IR I.S? ?d d? ct,* 7 t?_ A- a (?7R (0 s $127,102.83 $4,950.93 _:: FT $132,053.76 > C-) T.- cz _71 Phelan Ha-Ihnan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff Fes, Wn+ at ? ?? ? .n r-4 e how °,.' U v W y, d O O a A ? Z W W E-' cam, 6 H ? W ? ? a?i w ? xC7 v a v ? 7 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate on the West side of Haymarket Way, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as Lot No. 23 on a final plan of Hampden Court, Phase 2, prepared by GMZ Associates, recorded in the Recorder of Deeds office in and for Cumberland County in Plan book 50, Page 125, said tract being more fully bounded and described as follows: BEGINNING at the Northernmost corner thereof, at a point on the West right-of-way line of Haymarket Way, being a corner of Lot No. 22; thence extending along Haymarket Way, South fifty-nine (59) degrees one (01) minute thirteen (13) seconds East, a distance of twenty and zero hundredths (20.00) feet to a point at corner of Lot No. 24; thence extending along the same, South thirty (30) degrees fifty-eight (58) minutes forty-seven (47) seconds West, a distance of one hundred thirty and zero hundredths (130.00) feet to a point in line of Tract 4; thence extending along the same, North fifty-nine (59) degrees one (01) minute thirteen (13) seconds West, a distance of twenty and zero hundredths (20.00) feet to a point at corner of aforementioned Lot No. 22; thence extending along the same, North thirty (30) degrees fifty-eight (58) minutes forty-seven (47) seconds East, a distance of one hundred thirty and zero hundredths (130.00) feet to the place of BEGINNING. CONTAINING 2,600 square feet. UNDER AND SUBJECT, however, to easements, conditions, restrictions, visible on the ground or of record, charges and reservations of record specifically including the Declaration of Protective Covenants, Reservations and Restrictions of Hampden Court Phase 2 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 345, at Page 480 and Deed of Trust - Hampden Court Common Areas recorded in Deed Book I, Volume 32, at Page 593 and Deed Book D, Volume 33 at Page 691 and Deed Book D, Volume 33 at Page 943. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN Richard Alan Lopez, Jr., by Deed from Brian E. Murphy, single, dated 10/14/2005, recorded 10/18/2005 in Book 271, Page 2481. PREMISES BEING: 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 PARCEL NO. 10-19-1604-311 PHELAN HALLINAN & SCHMIEG, LLP Daniel G. Schmieg, Esq., Id. No.62205 1617 JFK Boulevard, Suite 1400 .' One Penn Center Plaza Philadelphia, PA 19103 ?? 215-563-7000 GREEN TREE CONSUMER DISCOUl i?''k k Plaintiff V. RICHARD ALAN LOPEZ, JR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3036-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: Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. RICHARD ALAN LOPEZ, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3036-CIVIL CUMBERLAND COUNTY PHS # 261677 AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE CONSUMER DISCOUNT COMPANY, 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 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211. 1. Name and address of Owner(s) or reputed Owner(s): - Name Address (if address cannot be reasonably .! ' ascertained, please so indicate) _ Ca? 2 3 4 5 RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY= - MECHANICSBURG, PA 17050-5211 C - .. _. T C-:, Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ` ascertained, please so indicate) SAME AS ABOVE 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) Asset Acceptance, LLC ASSET ACCEPTANCE, LLC 28405 Van Dyke Avenue Warren, MI 48093 P.O. BOX 2036 WARREN, MI 48090-2036 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) HAMPDEN COURT COMMUNITY 2316 DAIRY RD CORPORATION LANCASTER, PA 17601 HAMPTON COURT RESIDENTS 810 E WOPSONONOCK AVE ASSOCIATION ALTOONA PA 16601 7 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 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 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: %\-St, - k By: Phelan allinan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-3036-CIVIL RICHARD ALAN LOPEZ, JR Defendant(s) CUMBERLAWCO?ITY - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r- f TO: RICHARD ALAN LOPEZ, JR ,- 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 W "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 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $127,102.83 obtained by GREEN TREE CONSUMER DISCOUNT COMPANY (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. 11-3036-CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY VS. RICHARD ALAN LOPEZ, JR owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 Parcel No. 10-19-1604-311 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $127,102.83 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 on the West side of Haymarket Way, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as Lot No. 23 on a final plan of Hampden Court, Phase 2, prepared by GMZ Associates, recorded in the Recorder of Deeds office in and for Cumberland County in Plan book 50, Page 125, said tract being more fully bounded and described as follows: BEGINNING at the Northernmost corner thereof, at a point on the West right-of-way line of Haymarket Way, being a corner of Lot No. 22; thence extending along Haymarket Way, South fifty-nine (59) degrees one (01) minute thirteen (13) seconds East, a distance of twenty and zero hundredths (20.00) feet to a point at corner of Lot No. 24; thence extending along the same, South thirty (30) degrees fifty-eight (58) minutes forty-seven (47) seconds West, a distance of one hundred thirty and zero hundredths (130.00) feet to a point in line of Tract 4; thence extending along the same, North fifty-nine (59) degrees one (01) minute thirteen (13) seconds West, a distance of twenty and zero hundredths (20.00) feet to a point at corner of aforementioned Lot No. 22; thence extending along the same, North thirty (30) degrees fifty-eight (58) minutes forty-seven (47) seconds East, a distance of one hundred thirty and zero hundredths (130.00) feet to the place of BEGINNING. CONTAINING 2,600 square feet. UNDER AND SUBJECT, however, to easements, conditions, restrictions, visible on the ground or of record, charges and reservations of record specifically including the Declaration of Protective Covenants, Reservations and Restrictions of Hampden Court Phase 2 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 345, at Page 480 and Deed of Trust - Hampden Court Common Areas recorded in Deed Book I, Volume 32, at Page 593 and Deed Book D, Volume 33 at Page 691 and Deed Book D, Volume 33 at Page 943. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN Richard Alan Lopez, Jr., by Deed from Brian E. Murphy, single, dated 10/14/2005, recorded 10/18/2005 in Book 271, Page 2481. PREMISES BEING: 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 PARCEL NO. 10-19-1604-311 GREEN TREE CONSUMER DISCOUNT COMPANY, PLAINTIFF V. RICHARD ALAN LOPEZ, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3036 CIVIL ORDER OF COURT AND NOW, this 11`h day of January, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 31, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. Melissa J. Cantwell, Esquire Attorney for Plaintiff ? Richard Alan Lopez, Jr. (.) Defendant By the Court, ?* - ? - ?-a? V C-_% M. L. Ebert, Jr., J. c -? xq xa? cn v c:) ry e C_- ""_1 r J bas C0 I es ,na,,la )?vl? U,- 1 012 JAPE 24 AM 10: 5 I CUMBERLAND L;0UNT)f PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. RICHARD ALAN LOPEZ, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3036-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 11, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 DATE: RICHARD ALAN LOPEZ, JR 4521 LINDEN AVENUE SUITE 3 MECHANICSBURG, PA 17055-4386 By: auren R. Tabas, Esquire Attorney for Plaintiff 261677 ILED-OFFICE O TAE i ROTHONOTAR' 2012 FEB -1 AM 9: 59 CU PENNS LVAN A Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff VS. RICHARD ALAN LOPEZ, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3036-CIVIL MOTION TO MAKE RULE ABSOLUTE GREEN TREE CONSUMER DISCOUNT COMPANY, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 6, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 29, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about January 11, 2012 directing the Defendant to show cause by January 31, 2012 why the Motion to Reassess 261677 Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 23, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan H an ieg, LLP DATE: s Attorney for Plaintiff 261677 Exhibit "A" 261.677 PHELAN HALLINAN & SCHMIEC, LL.P 1617 John P. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 29, 2011 RICIIARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 RICHARD ALAN LOPEZ, JR 4521 LINDEN AVENUE SUITE 3 MECIIAMCSBURG, PA 17055-4386 RE: GREEN TREE CONSUMER DISCOUNT COMPANY v. RICHARD ALAN LOPEZ, J.R. Premises Address: 6149 HAYMARKET WAY MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. I1-3036-CIVIL Dear. Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment, Please respond to rue within 5 days, by January 3, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Colfj tc'trtr?' le Dwrn, Esquire Attorney for Plaintiff' Enclosure 261677 r n a c w i? ? H Y+ 'y' vJ ell 0. Q ? 1 m d G. v N m c yr a??g x h? Exhibit "B" 261677 v GREEN TREE CONSUMER : IN THE COURT OF COMMON PLEAS OF DISCOUNT COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. RICHARD ALAN LOPEZ, JR., DEFENDANT NO. 11.3036 CIVIL QRQER OF COURT AND NOW, this 11'' day of January, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is Issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant, will file an answer on or before January 31, 2012; 3. It no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing Is necessary, 4. The Prothonotary Is directed to forward sold Answer to this Court, By the Court, M. L. Ebert, Jr., fMelissa J. Cantwell, Esquire w ? tnr?- x -v Attorney for Plaintiff ? im _. bra Richard Alan Lopez, Jr. (a -<r' .? 0 Defendant XCD of m ao bas ' r Exhibit "C" 261677 ITTORNELY FILE COPY Phelan Hallinan & Schmieg,LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 1012 JAN 24 AM 10: 1 CUMBERLAW COUNTY 'PENNSYLVANIA ATTORNEY FOR PLAINTIFF GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division VS. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 11, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 DATE: / By, RICHARD ALAN LOPEZ, JR 4521 LINDEN AVENUE SU, -ITE 3 MECHANICSBURG, PA 17055-4386 V umi R. Tabas, Esquire Attorney for Plaintiff 261677 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. RICHARD ALAN LOPEZ, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3036-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 DATE:v RICHARD ALAN LOPEZ, JR 4521 LINDEN AVENUE SUITE 3 MECHANICSBURG, PA 17055-4386 261677 Attorney for Plaintiff 1? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division vs. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant ORDER AND NOW, this day of F?? , 2012, upon consideration of Plaintiff's 1 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $118,232.27 Interest Through March 7, 2012 $13,476.67 Per Diem $23.08 Legal fees $1,300.00 Cost of Suit and Title $560.08 N ---f Property Inspections $71. M M -`' Escrow Deficit $4,778.$ TOTAL $138,419. ° -v Plus interest from March 7, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E URT: J. '/?IAI/Il?so? ?(,Jells ??TT V ?'GKQrO? ?l?Qv? W?Z J/'• 261677 PHELAN HALMNAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 i,` 0 T H 0 '0T, Attorney for Plaintiff 1_'-rf r''A e, S: `P27 Airl(F DERLAfiD COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY Plaintiff, COURT OF COMMON PLEAS V. RICHARD ALAN LOPEZ, JR Defendant(s) CIVIL DIVISION No.: 11-3036-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth n the Af avit and as amended if applicable. A copy of the Certificate of Mailing (For 817) and/o Certified Mail Return Receipt stamped by the U.S. Postal Service is attache h eto Fxhi it "A". Robe . CJVcQ'Vsquire Attornfor Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 261677 EXHIBIT "A" U c r c `r c ? °o s bA ? ti .C p , U C o ? z p,,, ra a C a 2 11 tGd ? 'tJ a> ? z¢o 0 a u] 4w N O *? u N y ? f LQ a i ? z W ? w ? H 0 L O CY+ O C ; O V? U d V 4 p t/) ? ? ? A c d? ? Why .-] o car„ ? E ? v °o ? Cl W N U ? O o E.3a?cy c w w w o d?el 4? yo d o?°ua?AAnd.?o'o cC4 o E• Ooc OU?a " d:?rn °'0. of c os d Cdd °7 u ?W C0z 00 °d v a iU?gU.cd m ?? a?N 4 d si ?? 7 ?4KZW C d y3G c o a?i ?bOZ a d a ¢ 10, 44 ?'? c.?U2WE c?a za,t) y? m 6z a pQ c`e CS?N? do.3?N..a a3^ Q A W ?dN? A.rU V- x x x x x x x * x x U <t 'n TI C ? R N 7 3.0 ? z r yq U t ° G ? o E ??C1 G ?Ni y C d N r-?03 .. C V pw. 4+ c v v q C?+ b N v W ? ? a. O -p O v, U y ? Q J ? yG p N •- ,? C O NC N o ? E l: r V? p U N C ti N F. ? 0 W 00 z? is H 14 b B I GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. RICHARD ALAN LOPEZ, JR Defendant(s) NO.: 11-3036-CIVIL CUMBERLAND COUNTY PHS # 261677 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE; CONSUMER DISCOUNT COMPANY, 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 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211. Name and address of Owner(s) or reputed Owner(s): Name RICHARD ALAN LOPEZ, JR 2. 3 SAME AS ABOVE Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 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) Asset Acceptance, LLC 28405 Van Dyke Avenue Warren, MI 48093 ASSET ACCEPTANCE, LLC P.O. BOX 2036 WARREN, MI 48090-2036 Asset Acceptance, LLC 1001 E. Hector St., Ste. 220 C/O Frederic I. Weinberg, Esquire Conshohocken, PA 19428 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) ' HAMPDEN COURT COMMUNITY 2316 DAIRY RD CORPORATION LANCASTER, PA 17601 Hampton Court Townhouse Association 2316 Dairy Road Lancaster, PA 17601 Hampton Court Community Corporation P.O. Box 883 Mechanicsburg, PA 17055 HAMPTON COURT RESIDENTS 810 E WOPSONONOCK AVE ASSOCIATION ALTOONA PA 16601 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true a correc the best of my personal knowledge or information and belief. I understand that false st ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to au rities. i Date: By: Phelan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F! L71 L? - '-' ,- P, 11-1 Tl{ Sheriff r, f ' Jody S Smith " Chief Deputy Richard W Stewart CUM ERLkiO i OUN y Solicitor PENNS YLVAN I A Green Tree Servicing, LLC Case Number vs. 2011-3036 Richard Alan Lopez, Jr SHERIFF'S RETURN OF SERVICE 01/06/2012 05:59 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed b posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action upon the property located at 6149 Haymarket Way, Mechanicsburg, Cumberland County, PA 17050. 01/06/2012 05:59 PM - Deputy Shawn Gutshall, 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 ti ME personally handing a true copy to a person representing themselves to be the Defendant, to wit: Richa d Alan Lopez, Jr at 6149 Haymarket Way, Hampden Township, Mechanicsburg, Cumberland County, PA 17055. 03/05/2012 Bankruptcy filed in Sheriffs Office 03/06/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/2/2012 04/26/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 07/09/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed" per letter of instruction from Attorney. SHERIFF COST: $677.47 July 10, 2012 SO ANSWERS, ?Z ??, R ANDERSON, SHERIFF GRt,+'E TREE, CONSUMER DISCOUNT COMPANY F Miff V. RICHARD ALAN LOPEZ, JR Defendant(s) . COURT OF COMMON'PLEAS CIVIL DIVISION NO.: 11-3036-CIVIL CUMBERLAND COUNTY PHS # 261677 AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by the undersigned attorney, ets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211. Name and address of Owner(s) or reputed Owner(s): Name RICHARD ALAN LOPEZ, JR 2. 3 4. 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 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 b?: sold: Name Address (if address cannot be reasonably ascertained, please indicate) Asset Acceptance, LLC ASSET ACCEPTANCE, LLC 28405 Van Dyke Avenue Warren, MI 48093 P.O. BOX 2036 WARREN, MI 48090-2036 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) by the HAMPDEN COURT COMMUNITY 2316 DAIRY RD CORPORATION LANCASTER, PA 17601 GREEN TREE CONSUMER DISCOUNT COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. RICHARD ALAN LOPEZ, JR Defendant(s) NO.: 11-3036-CIVIL : CUMBERLAND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB AINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR PTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT O LY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** i Your house (real estate) at 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of 5127,102.83 obtained by G EN TREE CONSUMER DISCOUNT COMPANY (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 reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x12. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 y?)u will have of stopping the sale. (See notice on page two on how to obtain an attorney.) SAVE YOUR PROPERTY AND YOU HAVE 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 o?it 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 ou? 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 o 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED I TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE A OW CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3036-CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY vs. RICHARD ALAN LOPEZ, JR owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 Parcel No. 10-19-1604-311 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $127,102.83 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 on the West side of Haymarket Way, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as Lot No. 23 on a final plan of Hampden Court, Phase 2, prepared by GMZ Associates, recorded in the Recorder of Deeds office in and for Cumberland County in Plan book 50, Page 125, said tract being more fully bounded and described as follows: BEGINNING at the Northernmost corner thereof, at a point on the West right-of-way line of Haymarket Way, being a corner of Lot No. 22; thence extending along Haymarket Way, South fifty-nine (59) degrees one (01) minute thirteen (13) seconds East, a distance of twenty and zero hundredths (20.00) feet to a point at corner of Lot No. 24; thence extending along the same, South thirty (30) degrees fifty-eight (58) minutes forty-seven (47) seconds West, a distance of one hundr thirty and zero hundredths (130.00) feet to a point in line of Tract 4; thence extending along the same, North fifty-nine (59) degrees one (01) minute thirteen (13) seconds West, a distance of twer and zero hundredths (20.00) feet to a point at corner of aforementioned Lot No. 22; thence extending along the same, North thirty (30) degrees fifty-eight (58) minutes forty-seven (47) seconds East, a distance of one hundred thirty and zero hundredths (130.00) feet to the place of BEGINNING. CONTAINING 2,600 square feet. UNDER AND SUBJECT, however, to easements, conditions, restrictions, visible on the ground or of record, charges and reservations of record specifically including the Declaration of Protective Covenants, Reservations and Restrictions of Hampden Court Phase 2 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 345, at Page 480 and Deed of Trust - Hampden Court Common Areas recorded in Deed Book I, Volume 32, at Page 593 and Deed Book D, Volume 33 at Page 691 and Deed Book D, Volume 33 at Page 943. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN Richard Alan Lopez, Jr., by Deed from Brian E. Murphy, single, dated 10/14/2005, recorded 10/18/2005 in Book 271, Page 2481. PREMISES BEING: 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 PARCEL NO. 10-19-1604-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NOI I-3036 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff (s) From RICHARD ALAN LOPEZ JR. (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: $127,102.83 L. L.: ?. -CO Interest from 7/15/2011 to Date of Sale ($20.89 per diem) - 8q, 9w. 53 Atty's Comm: % Due Prothy: 52.00 Arty Paid: $191.50 Other Costs: Plaintiff Paid: Date: 12/1 1011 D d D. Buell, othonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP TRUE COPY FROM RECORD 1617 JFK BOULEVARD, SUITE 1400 Whereof, I here unto set my hand In Testimony at Carlisle, Pa. ONE PENN CENTER PLAZA and the sea! of said CA' 20 _U This --- --day of ProthorAtar) PHILADELPHIA, PA 19103 y' f 4) Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 CUMBERLAND LAW JOURNAL Writ No. 2011-3036 Civil Term Green Tree Consumer Discount Company vs. Richard Alan Lopez, Jr. Atty. Daniel Schmieg By virtue of a Writ of Execution NO. 11-3036-CIVIL, GREEN TREE CONSUMER DISCOUNT COMPANY vs. RICHARD ALAN LOPEZ, JR owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being 6149 HAYMARKET WAY, MECHANICS- BURG, PA 17050-5211. Parcel No. 10-19-1604-311. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $127,- 102.83. 56 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County an State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La, Journal, a legal periodical published in the Borough of Carlisle in the County and State afores, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation, and that he is not interested in the subj matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. c ? f sa Marie Coyne, F/ditor SWORN TO AND SUBSCRIBED before me this 10 da of Februal 2012 ?I Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 c h Patriot-Nuns Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL ption 01/27/12 02/03/12 02/10/12 Of Ad Sheriff Sale 3036 4.34 $12.00 $ 52.08 Sheriff Sale 3036 4.34 $12.00 $ 52.08 Sheriff Sale 3036 4.34 $12.00 $ 52.08 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 161.24 JLC The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949 respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 2011-3036 CM Term Green Tree Consumer Discount Company vs Richard Alan LoOez, Jr. Atty. Danlal 8chm1e9 By virtue of a Writ of Execution N0. 11-3036-CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY VS. RICHARD ALAN LOPEZ, JR owner(s) of property situate in the HAMPDEN_TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 Paz 1 No. 10-19-1604311 ( age or street address) I rovements thereon: RESIDENTIAL D LLING jUbGMENT AMOUNT: $127,102.83 ......}........ \. ;.. .......... Sworn to and subscribed before rp'e this 24 daof February, 2012 A.D. Notary Public _ ;OMMOIVVY TH OF FENNSYLLVNyA p Notarial Seal Sherrie L. Owens, Notary Public Lower Paxion Twp., Dauphin County Niy Commission Expires NOV. 26, 2015 I HEhI'IFp. aFNN!! TA-NIA A1JCIATION O? NOTARIFS 02/03/12 02/10/12 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY GREEN TREE CONSUMER DISCOUNT COMPANY PHS#261677 DEFENDANT SERVICE TEAM/lxh RICHARD ALAN LOPEZ,JR COURT NO.:11-3036-CIVIL SERVE RICHARD ALAN LOPEZ,JR AT: TYPE OF ACTIONS 6149 HAYMARKET WAY XX Notice of Sheriff's Sale t" i MECHANICSBURG,PA 17050-5211 SALE DATE: June 5,2013 ' SERVED " Served and made known to RICHARD ALAN LOPE)Defendant on the k e-day of r �C AP �!) o'clock-l-'M.,at o m"lle-4 to the manner described below: Defendant personally served. f I Adult family member with whom Defendants)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendants)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: rr�� Description: Age fi��,.A-'^15 Heights Weight 0`t0 Race Sex other I, etl - a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sh riff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 13 NAME: PRINTED NAME: ti/' {� TITLE: PM f` A^1 - -ry�1� NOT SERVED On the dav of 20�,at o'clock_.M.,I, a competent adult hereby state that�;endant NOT FOUND because: Vacant _Does Not Exist _Moved —Does Not Reside(Not Vacant) No Answer on_�3 t-a )l r at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) 4 PLAINTIFF CUMBERLAND COUNTY .� GREEN TREE CONSUMER DISCOUNT COMPANY PHS#261677 t -p DEFENDANT SERVICE TEAM/Ixh '" RICHARD ALAN LOPEZ,JR COURT NO.:11-3036-CIVIL +'" SERVE RICHARD ALAN LOPEZ,JR AT: TYPE OF ACTION —p- 6149 HAYMARKET WAY XX Notice of Sheriff's Sale ^ MECHANICSBURG,PA 1.7050-5211 SALE DATE: September 4,2013 y SERVED Served and made known to RICHARD ALAN LOPEZ JR Defendant on the/P'2 day of /""I 20 L at �'lU ,o'clock,)M.,at ��r nmLy=f WA--f in the manner described below: ry Defendant personally seed. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: / Description: Age... Height Weight PQ Rae, W Sex >? Other I, 1/J�� `f - S a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Shen'ffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the nalties of 18 Pa.C.S. See.4904 relating to unswom falsification to authorities. 9 DATE: J v� ( NAME: PRINTED NAME:_ X{.f*tit M p D a VJ TITLE: e fl � NOTSERVED On the day f 20.^,at o'clock M.,1, a competent adult hereby state that Defendaant FOUND _Vacant Does Not Exist _Moved ^Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 FILED-OFFICE C, T-H.E PROTHONOTARY Phelan Hallinan, LLP J ! -t]1. Allison F. Zuckerman, Esq., Id. No.309519 A OEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CU,',IBERLANO COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman @phelanlialIinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY : Plaintiff Civil Division V. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 15, 2011.. 2. Judgment was entered on July 19, 2011 in the amount of$127,102.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated February 13, 2012, amending the judgment amount to $138,419.14. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit"B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 261677 which can be calculated from the complaint; i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. A Sheriffs Sale of the mortgaged property at 6149 HAYMARKET WAY, MECHANICSBURG, PA 17050-5211 (hereinafter the "Property")was postponed or stayed for the following reason: a.) The Defendant,RICHARD A. LOPEZ,, JR. AWA RICHARD ALAN LOPEZ, JR, filed a Chapter 13 Bankruptcy at Docket Number 1:12-01259 on March 5, 2012. The Bankruptcy was dismissed by order of court'dated.November 14,2012. A true and correct copy of the Bankruptcy Court Order is attached.hereto,made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on September 4, 2013. 7. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $117,951.14 Interest Through September 4, 2013 $24,580.99 Legal fees $1,700.00 Cost of Suit and Title $713.66 Sheriffs Sale Costs $677.47 Property Inspections $71.82 Mortgage Insurance Premium/Private Mortgage Insurance $6,000.12 Escrow Deficit . $4,340.50 Suspense/Misc. Credits ($288.89) TOTAL $155,746.81 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 261677 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff.is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 31, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"D". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Edward E. Guido entered an order amending the judgment and the writ nunc pro tunc dated Feburary 13, 2012 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, DATE: By: Alli F. uc rinan, Esquire TORNE FOR PLAINTIFF` 261677 Phelan Hallinan. LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allisoii.zuckermaii@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3 03 6-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE RICHARD ALAN LOPEZ,JR. executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 6149 HAYMARKET`WAY, MECHANICSBURG, PA 17050-5211. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant-defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff cone nenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 261677 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to.grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union.National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 261.677 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1.978). h1 the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 261.677 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terns of the Mortgage. 261677 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Really, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 261677 VII. COST OF SUIT AND TITLE Pursuant to the teens of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage nand Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 261.677 S VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 261677 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage,those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily-become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By: 'son F.Zu erman, Esquire Attorney f r Plaintiff 261677 1 Exhibit "A" 261677 Pheian'Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id.No. 3.2227 Attorney,for Plaintiff Francis S. Hallman,Esq., Id.No. 62695 Daniel G.. Schmieg,.Esq.,.Id. No. 62205 Michele M. Bradford,Esq., Id. No. 69849 ,al .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. 61.791 Andrew L. Spivack;Esq., Id. No..84439 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 William.E. Miller, Esq.,Id. No. 308951 Melissa J. Scheiner, Esq., Id, No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. CIVIL.DIVISION RICHARD ALAN LOPEZ,JR No,11=3036-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR VAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in,favor of the'Plaintiff and against RICHARD ALAN LOPEZ, JR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 'Si CD T-d a Ck.l� llba si 261677 1vo�ica '(Y 1�C� As set forth'in Complaint $123,386.95 Interest-02/04/2011 to 07/14/2011 $3,715.88 TOTAL $127,102.83 I hereby certify that(1)the Defendant's last kn;Judith 6149 HAYMARI WAY,MECHANICSBURG, PA 17050-521.1, and(2) s been in acco e with Rule Pa.R.C.P 237.1. Date C an, Esq., Id. No. 32227 S. Hallinan, sq., Id. No. 62695 G. Schmieg, sq., Id. No. 62205 e M. Bradfo d,Esq., Id.No. 69849 El . Roman , Esq., Id. No. 58745 ❑ Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jeni.ne R. Davey,Esq., Id. No. 87077 .❑Lauren R. Tabas;Esq., I'd. No. 93337 ❑Vivek Srivastava, Esq., 1d.No. 202331 Jay B. Jones,Esq., Id.No. 86657 Peter J. Mulcahy, Esq.,Id.No. 61791 Andrew L. Spivack, Esq., Id.No. 84439 ❑ Chrisovalante P. Fliakos, Esq., Id. No.94620 ❑Joshua I. Goldman,Esq., Id..No.205047 ❑ Courtenay R. Dunn, Esq;, Id. No. 206779 M.AadTTw C.Bramblett, Esq., Id.No. 208375 Allison F. Wells,Esq., Id.No.309519 ❑William E. Miller, Esq., Id. No. 308951 ❑ Melissa J. Scheirer, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED A=S�INDICATED. DATE: �� • PHS#261677 PROTHONOTARY 261677 Exhibit "B" 261677 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division VS. CUMBERLAND County c � RICHARD ALAN LOPEZ,JR No,: 11=3036-CIV,;�L�. .....� �,.�" Defendant _- --- : ORDER -� AND NOW, this t day of V-464K ,2012,upon consideration of Pla nt 's <�r7 Motion to Make Rule Absolute,it is hereby ORDER-80 and DECREED,,that the Rule 6iiterid—) upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $118,232.27 Interest Through March 7,2012 $13,476.67 Per Diem$23.08 Legal fees $1,300.00 Cost of Suit and Title $560.00 Property Inspections $71.82 Escrow Deficit $4,778.38 TOTAL $138,419.14 Plus interest from March 7, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. I31'7° - AT: J. 261677 K` Exhibit "C" 261677 Order Dismissing(Form ordsmiss)(09/12) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s)(name(s)used by the debtor(s)in die last 8 years,including man ied,maiden,and trade): Richard A. Lopez Jr. Chapter, 13 Debtor(s) Case No. 1:12—bk-01259—MDF Order Upon consideration of the Motion to dismiss case and it having been detennined after notice and opportunity for hearing,that the case should be dismissed,it is ORDERED that the above—named case of the debtor(s)be and is hereby dismissed. Dated: November 14,2012 By the Court, ��nn United States Bankruptcy Judge Case 1:12-bk-01259-MDF Doc 38 Filed 11/14/12 Entered 11/14/12 16:10:18 Desc Order Dismissing Page 1 of 1 a_ Exhibit "D" 261.677 PHELAN HALLINAN, LLP 161.7 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 31, 2013 RICHARD ALAN LOPEZ,JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 RE: GREEN TREE CONSUMER DISCOUNT COMPANY v. RICHARD ALAN LOPEZ,JR Premises Address: 6149 HAYMARKET WAY MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 11-3036-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 6/6/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison ".ZU.CA, .-Jn.pn,..Esq., , '.No.309519 Attorne ;ro aintiff Enclosure 261677 Name and Phelan Hallinan,LLF Address 1617 JFK Boulevard,Suite 1400 .� a Mender One Penn Center Plaza i Philadelphia,PA 19183 KVM /j rf.' C7 > Line Article Number Name of Add Stree4 and Post Office Address Posta a d+�Fr�. C ^ 111 1 **•" RICHARD ALAN LOPEZ,JR X0.46. ;0 to m 6149 HAYMARKET WAY - a A MECHANICSBURG PA 17850-5211 2 *"** RICHARD ALAN LOPEZ,JR S . a Noo 4521 LINDEN AVENUE `'r1 SUITE 3 MECHANICSBURG PA 17055-4386 RE:RICHARD ALAN LOPEZ,JR CUMBERLAND PHS#261.677/1200 pare 1 of 1 50.92 Toml Numbe,of Taal Nmabu of Pieces Paamapa•Pir(Na,oe of Tha fill dsduallon of-1.i«gained on all don mk end irtmrofio"I rogipaed mail.The matim, Pisan Liacd by Scndet Rocetucd at Pop 0ffioc Receiwos Emylom) for de worarwtion ornoanepdiabk documeots mdw Fxprw Mail document mooaumttim,ias T'Y pieta m&jcct m a limit of 5500,000 pa ocmu c The maximum itdannity peyebk on E:p,cu Mai The maximum iodtunnity payable is 525,000 fo,rogpaed,tmxl,ant with opionsl imua=.Ste Dm K900 5913 end 5921 far linfdwim ofeove,a _' Forts 3877 Facsimile 261677 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanliallinan.com 21.5-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. RICHARD ALAN LOPEZ, JR RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY 4521 LINDEN AVENUE MECHANICSBURG, PA 17050-5211 SUITE 3 MECHANICSBURG, PA 17055-4386 Phelan Hallinan,LLP DATE: By: ison F. erman,Esquire ATTO FOR PLAINTIFF 261677 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 1.1-3036-CIVIL Defendant RULE AND NOW,this D day of VMOVIO 2013,. a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this _-a B HE J. M CD U,r- t6r,; Z3 C) �d C)� W CD C7 261677 t llison F. Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 CHARD ALAN LOPEZ, JR SHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY 4521 LINDEN AVENUE MECHANICSBURG, PA 17050-5211 SUITE 3 MECHANICSBURG, PA 17055-4386 res. /pl.at t �C�, 261677 261677 ; —,ra"t1Gi431 1—,', Phelan Hallinan, LLP 10• ll Jonathan M. Etkowicz, Esq., Id. No.20 ,�6 3':1112 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 �, II'D COUP One Penn Center Plaza :'{ A I �` ∎f l j01i A PEN ri Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT • Court of Common Pleas COMPANY • Plaintiff : Civil Division vs. • CUMBERLAND County RICHARD ALAN LOPEZ, JR • No.: 11-3036-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD ALAN LOPEZ, JR RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY 4521 LINDEN AVENUE MECHANICSBURG, PA 17050-5211 SUITE 3 MECHANICSBURG, PA 17055-4386 Phelan . . lina/ DATE: C►@( i3 By: AA. 4 04 Jonat,, M. Etkowicz, Esq., Id.No.208786 Attorney for Plaintiff 261677 f♦ . A^pY Phelan Hallman, LLP ,t s►- Zachary Jones, Esq., Id. No.31072,1� 2 J ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite lf ( " @ Philadelphia, PA Plaza 9103 Zachary.Jones@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division vs. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE GREEN TREE CONSUMER DISCOUNT COMPANY, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: I. A Motion to Reassess Damages was filed with the Court on June 7, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 31, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable EDWARD E GUIDO on or about June 17, 2013 directing the Defendant to show cause by July 8, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on June 26, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 261677 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 8, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phel a ' , DATE: �! By: Zatmey J es q., Id.No.310721 fo intiff 261677 Exhibit "A" 261677 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 31, 2013 RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY MECHANICSBURG, PA 17050-5211 RE GREEN TREE CONSUMER DISCOUNT COMPANY v. RICHARD ALAN LOPEZ,JR Premises Address: 6149 HAYMARKET WAY MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 11-3036-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days, by 6/6/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, - Allison Zv k 1,ni an,Esq., No.309519 Afton " lip 11 aintiff Enclosure 261677 Name and Phelan Haliinan,LLP o Address 1617 JFK Boulevard,Suite 1400 CV!r Of Sender One Penn Center Plaza kV Philadelphia,PA 19103 KYM Line Article Number Name of Addressee,Street,and Post Office Address Posts 1 **** RICHARD ALAN LOPEZ,JR 0.46 614914AYMARKET WAY MECHANICSBURG PA 17050-5211 f ws a�a 2 '"*• RICHARD ALAN LOPEZ,JR 50.46 ,A acv°o 4$21 LINDEN AVENUE > ►aoo SUITE 3 MECHANICSBURG PA 17055-4386 RE.-RICHARD ALAN LOPE JR CUMBERLAND PHS#261,677/1200 Palle 1 of 1 $0.92 Tom)Nmnhu of Taal Nmbv of Pmtts Poamatrr,Per(Name o< TM fntl dretvalan ofn)w{r raluirsd on s)I danatk and Inrmrtiooal repaeted tnml.Them%i m Pim.Lined by Saidtt Received a Post Ofrro Raes*viot F.mDloYn'.) far the remumction orotwwyaishkdo n*ats mtdet Fxpreas MAR docmww rcooauna k.it ?. yiac a 4w to a limh of 5500.000 pe ooeomnce.The marimmn i "ity pyrbk m£spans Mai TLr fflwh m iodenmky pryahk is 523,000 f«2tinered ma,WA with optiaml(m�.See Do R90D$913 rod 5921 ror lowwutors of Form 3877 Facsimile 261677 Exhibit "B" 261677 TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant RULE AND NOW,this day of t "M10i- 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this xioa i-ei B.' C-) _.,i J. rn M 261677 Exhibit "C" 1 Phelan Hallinan, LLP Jonathan M. Etkowicz,Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 ; GREEN TREE CONSUMER DISCOUNT Court of Common Pleas j COMPANY Plaintiff Civil Division vs. CUMBERLAND Cq lnt)&! s RICHARD ALAN LOPEZ, JR No. 11-303&,CIVXm rti Defendant - Mi RTI CATION Or @RVIEM ## I hereby certify that a true and correct copy..dthe:.Cowis J ie 17,2"01;3 Rule d�. 0 ng the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. f I 1 RICHARD ALAN LOPEZ,JR RICHARD ALAN LOPEZ, JR 6149 HAYMARKET WAY 4521 LINDEN AVENUE MECHANICSBURG,PA 17050-5211 SUITE 3 ' MECHANICSBURG,PA 17055-4386 Phelan DATE: j3 By Joiaa ari M. Etkowicz,Esq.,Id.No.208786 a Attorney for Plaintiff i 261677 a Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division vs. CUMBERLAND County RICHARD ALAN LOPEZ, JR No.: 11-3036-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. RICHARD ALAN LOPEZ,JR RICHARD ALAN.LOPEZ, JR 6149 HAYMARKET WAy 4521 LINDEN AVENUE MECHANICSBURG,PA 17050-5211 SUITE 3 MECHANICSBURG,PA 17055-4386 J #meainfiff DATE: �Il�r3 By. ,Id.No.310721 261677 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY C7) Plaintiff Civil Division C= MOO vs. CUMBERLAND C=W 3> RICHARD ALAN LOPEZ,JR No.: 11-3036-CIVI4--z:;r- 3�p Defendant �C) :Z F.- >C: PO Cl ORDER AND NOW,this okAd L day o 2013,upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $117,951.14 Interest Through September 4,2013. $24,580.99 Legal fees $1,700.00 Cost of Suit and Title $713.66 Sheriffs Sale Costs $677.47 Property Inspections $71.82 Mortgage Insurance Premium/Private Mortgage Insurance $6,000.12 Escrow Deficit $4,340.50 Suspense/Misc. Credits ($288.89) TOTAL $155,746.81 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. THE C RT: J. 261.677 0z I L E 0 01--1=IG ur= THE PROTHON0. 1i,R PHELAN HALLINAN,LLP 2013 ALIG —6 AM 10: 24 Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 21.5-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION RICHARD ALAN LOPEZ,JR No.: 11-3036-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Date: Attorney for Plaintiff ! / �./ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#755510 WanK and h W.II in, p Addmss Of 1617 AIR BoukYard,Stoke 1400 Sender 2"t,Ptnn"Center' Philadelphit.PA 19103 AIKIMIC-09/04/2013 SALE Line Article Number Nam olAddrmet,Street.and P*31 Office Addrt33 postagg fill I MEMBERS IST rEDMI,CRFDIT UNION SD.44 5 44 ,0W LOUISE DRIVE MECHANICSBURG,PA 17055 rx (4FNIBERS IST FEDERAL CREDIT UN ON SO.44 REAL ESTATE DEPAR"IENT 40 "M LOUISE DRIVE #rKb =� MECHA " TM- ffCSBURG PA 170." RtC ,40 TOW hliirala Of M—A uArd by sm" ofrvc ReteYsi.t ftp") nrenarusxloa olsanrttpltlaKe 4wvne—under FAV�ftslw",Mme rennMom 155MM iss;- ""tIt fs=M(M lt&md—41, *b*?dMl it�,S"Do"Cuk MAI Form 3877 Fmimile APR 18 2M3 Nmnc and Phthr,Hallinnn,I:1:p Address Qf.. 16I;SFK Roulvard.Suite 1400 Sender One Penn Cc-iter PI",q +> *s Philadel h1n,PA 19103 A21 KWIC-0 010 41201 3 SA LE Line Article Numlxr ]Name of Addressee Strec and Post Otter Addross Postage } I ;•«" TENANTIOCCUPAtNT 50.44 111EEE ' 1 51441 fAVIOA'RKETR'AV t 5 tr AIECIIANICSBURC.PA 17050-5211 111 2 ASSET ACCFPTAINMLLC $0.44 ' ay 28405 VAN DYKE AVENUE �c to WARREN,1,4148093 ;;�� 1� a S: 3 '••" ASSET ACCEPTANCE,LLC. P.O.Box 2036 • &ma NYaRRETI;MI 49DW2036 4 _- "`• ASSET ACCErTAPNC4 LLC CIOMEDERIC 1.WEiNDERG,ESQUIRE. 50.447... �lt` � 1001 E HECTOR STREET r z k SUITE 220 4 CONSHOHOCKEN PA 19428 5 '"" 11AI%IPDEN COURT TOWMIOUSE ASSOCIATION 50:44 2316 DAIRY ROAD LAN CAST PA 17601 6 `•`« tWIPTON COURT COMMUNITY CORPORATION r $0.44 PO BOX 883 MECHANICSBURG'PA 17055 .7 HAMPTON COURT RESIDENTS_ASSOCIA`f1ON, $0.44 i 8.10 E WOPSONONOCIC AVENUE ALTOONA PA 15601 8 DOMESTIC RELATIONS OF 3044 «+ • CUMBERLAND COUNTY - jQ 131NORTH HANOVER STREET CARLISLE PA 17013 9 »ate. COMMOWEALTH OF P,ENNSYL VAPUA. � $0.44 DEPARTMENT OF WELFARE P.O.BOX 2675 HARRISBURG PA 17103 10 INTERNAL REVENUE SERVICE ADVISORY — 0 $0.44 I OOC LIBERTY AV ENUE ROON1 704 PITTSBURGH PA 15222 . 11. •••, U.S.DEPARTMENT OFJU5TICE 30.44 U:S..ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WA4*4L"T STREET,SVITE 220 PO BOx 11734 IIARRISBU PA 17108-1754 RIG11AR11 108 R.ta—J)45F,RI3A 021 P 1112 rII'Tex - A a f�tres utr, arttc Ss r to NI - - ccgis ..-mr, m<rrtram pq or . ri�awss,in.s:ram Rmez.cawrertat9ec_ rt:«1,&`br-..mis�sl :xen+,�r,�es�„A,�riesoaskra .a+aKF ye<ac..sata.�m�wu.��+tnn..,sc�ss0.amw�+cr«c,�iu+m• W10f 4ga"Sill wwrtwt.7}e.mrrinnm Sndn-4w py."t On l;gw"t btailmrrlttndiir u 00,]fit m imam Ind" ity tayabtr is M.000 fn r&trtdmal.i+m wi6 orian8 hurts.Set 0"t rx MaiI)AMaal RMS413 end$921 fftU(ttif0nzd cmra Form 3877 Facsimllc Name and Phelan Hallinan,[A.P Address 1617 JFK Boulevard,Suite 1400 tv OfScnder One Penn Center Plaza £rev01;, Philadel hi PIS 19103 KVM Line Article�ttm6er Name of Addressee and Post Office Address PostareJ- 5 1 RICLIARD ALAN LOPEZ,JR $OAb i!.yy J w 6144 HAYMARKET WAY MECHAVICSHURG,PA 1.7050-52:11 t� 2 ""*' RICHARD ALAN LOPEZ,JR 50.46 4521 LINDEN AVENUE SUITE 3 MECHANICSBURG,PA 170534386 RF,:RICHARD ALAN LOPF.7,,JR CIJMRF.RI,,AN:n PHS tt2616-77/1200 Pa e 1 of 1 50,92 iot N•m&rd Taal KwntxrorPiaes 1'otm•rie,1'a(Horne of The fuU dcelmation of+alue,aroganedm•IltlaneRe udiats,•a,ina•t ntivacd rnai,7lx mavmr .a ?twos L14ed tr smda R=Wtd at Pest QfYx R«ei»as F.mylatsei for theraaamctim alaomatatialrkdocum atsunder Eca'esa Mal doenma ratmarwim imurit peee mtJea so a limit of 5100000 per occumncl The max mom iadetnniq•MSaAIe m 13przsF Mai The E7z:m0m tedenmty payable n$23,n00 t x avveted W.gent ashC1 optiavl rnstraaee.See Ua; R9W&9t3 and S921 rrr Gn�tniotuofw.ca s, Form 3$77 Facsimile 5 �I 261677 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff �6 i J ; i..` Ott, of�Cltmh'..j Jody S Smith r,k ,, Chief Deputy y� "� w '� + C' Richard W Stewart ` ` " -iii" i; fu LE'( l Solicitor OFFICE OF THE SHERIFF P E FJ'J S Y LVA N I i Green Tree Consumer Discount Co. vs. Case Number Richard Alan Lopez, Jr 2011-3036 SHERIFF'S RETURN OF SERVICE 06/25/2013 05:47 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6149 Haymarket Way, Hampden Township, Mechanicsburg, PA 17055, Cumberland County. 06/25/2013 05:47 PM - Deputy Noah Cline, 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 the Defendant, to wit: Richard Alan Lopez, Jr at 6149 Haymarket Way, Hampden Township, Mechanicsburg, PA 17055, Cumberland County. 09/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk , on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $834.07 SO ANSWERS, November 26, 2013 RbNW R ANDERSON, SHERIFF a a.!�- !c)CeurtySuih;Sheri Ft,Teleosoft,In�. On June 3, 2013 the Sheriff levied upon the . defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 6149 Haymarket Way, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 3, 2013 By: Real Estate Coordinator p. : . Cir LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2011-3036 Civil Term GREEN TREE CONSUMER DISCOUNT CO. VS. RICHARD ALAN LOPEZ,JR. Atty.:Joseph Schalk By virtue ofa Writ of Execution NO. 11-3036-CIVIL, GREEN TREE CONSUMER DISCOUNT COMPANY vs. RICHARD ALAN LOPEZ, JR owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cum- berland County,Pennsylvania,being 6149 HAYMARKET WAY, MECHAN- ICSBURG,PA 17050-5211. Parcel No. 10-19-1604-311. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$138,419- .14. 74 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L sa M <e Coyne Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary , . FCARLIGLE O'SARIAL SEAL ORAH A COLLINS Notary K biic UGH,CUMBERL AND COUNTY y sion Expires Apr 28,2014 The Patriot-News Co. 1900 Patriot Drive the a Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community.Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2011-2036 Chril Term GREEN:1NIftCONSUMER This ad ran on the date(s)shown below: DISCOUNT CO vs. 07/28/13 RICHARD ALAN LOPEZ,JR Atty: Joseph Schalk 08/04113 By virtue of a %t,of Execution NO. 08/11/13 11-303&CIVIL - �--- GREEN TREE CONSUMER DISCOUNT COMPANY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VS. RICHARD ALAN LOPEZ,JR owner(s) of property, situate in the Sworn nd subscribed efore a this 23 day of August, 2013 A.D. TOWNSHIP OF HAMPDEN,Cumberland County,_ Pennsylvania,being tA ' 171 (Municipality) 6149 HAYMAR TT WAY, N tary Public MECHANICSBURG,PA 17050-5211 Parcel No.10-19-1604-311 (Acreage or Weet address). Improvements thereon; RESIDENTIAL DWELLING COMMONWEAL e H OF PENNSYLVANIA JUDGMENTAMOUNT`.$138,419.14 Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County L__My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 12th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 3036, at the suit of Green Tree Consumer Discount Company against richard Alan Lopez Jr. is duly recorded as Instrument Number 201338253. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this cxl— day of A.D. Q p 0 a Recoider,�f Deeds Recorder of Cumberland ountyALsle,PA My Cotreniss Expi►es the First f Jan 2014