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HomeMy WebLinkAbout11-6144SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-D7Iu ` fi t t ^n "\" yr g 177 f ~? t ! ! .f.s j a Richard W Stewart Solicitor J 1 14i`. .?y L /; F); GMAC Mortgage, LLC vs. Case Number Joseph E. Jiras (et al.) 2011-6144 SHERIFF'S RETURN OF SERVICE 08/10/2011 02:10 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2011 at 1410 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Athena J. Brellos, by making known unto herself personally, at-231J-- Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. / x*/- TIM K, DEPUTY 08/10/2011 03:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2011 at 1420 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph E. Jiras, by making known unto himself personally, at 2014 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time dhaning to him personally the said true and correct copy of the same. TIM DEACK, DEPUTY 08/11/2011 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: Athena J. Brellos, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Athena J. Brellos. Request for service at 2014 Lincoln Street, Camp Hill, Pennsylvania 17011 the Defendant was not found. Athena J. Brellos currently resides at 2311 Harvard Avenue, Camp Hill, Pennsylvania 17011. 08/11/2011 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: Joseph E. Jiras, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclos re as not oun as to the defendant Joseph E. Jiras. Request for service at 2311 Harvard Avenue, Camp Hill, Pennsylvania 17011 the Defendant was not found. Joseph E. Jiras currently resides at 2014 Lincoln Street, Camp Hill, Pennsylvania 17011. SHERIFF COST: $116.00 August 11, 2011 SO ANSWERS, ?w....?? 6Z," RON R ANDERSON, SHERIFF ;c' cour ysuite Sherff. ? e:io ;so-t, p;;;. r;: PHELAN HALLINAN & SCHMWG, LLP Michele M. Bradford, Esq., Id. Nqffl ? f.? ??; 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. JOSEPH E. JIRAS ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRA "U? PE MAND COUNT',,` Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-6144-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 JOSEPH E. JIRAS, and ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRA, 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: As set forth in Complaint TOTAL $189,839.00 $189,839.00 I hereby certify that (1) the Defendants' last known addresses are 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841 and 2311 HARVARD AVE, CAMP HILL, PA 17011- 5332, and (2) that notice has been given in accordance wi h Xler* Date i ire Att orney for Plaintiff }1914,06 fd a DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: NO?u ?put?ed w PHS # 268236 PROTHONOTARY 268236 PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esq., Id. No.69849 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. JOSEPH E. JIRAS ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRA : CIVIL DIVISION : No. 11-6144-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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSEPH E. BRAS is over 18 years of age and resides at 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841. (c) that defendant ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRA is over 18 years of age and resides at 2311 HARVARD AVE, CAMP HILL, PA 17011-5332 and 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date __tb I I I Die or , 4EEquire Attorney for Plaintiff 268236 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC : CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JOSEPH E. JIRAS ATHENA J. BRELLOS A/K/A CIVIL DIVISION ATHENA BRELLOS-JIRA No. 11-6144-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on q I---14 It . By: 40 If you have any questions concerning this matter please contact: Michele M. Bradford, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY,** GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 11-6144-CIVIL JOSEPH E. JIRAS CUMBERLAND COUNTY ATHENA J. BRELLOS, A/K/A ATHENA BRELLOS-JIRA Defendant(s) TO: ATHENA J. BRELLOS, A/K/A ATHENA BRELLOS-JIRA 2311 HARVARD AVE CAMP HILL, PA 17011-5332 DATE OF NOTICE: August 31, 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. IMPORTANT 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 # 268236 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: William E. Miller, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ..... _ _...... ,...... ..... H # 268236 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 11-6144-CIVIL JOSEPH E. JIRAS CUMBERLAND COUNTY ATHENA J. BRELLOS, AWA ATHENA BRELLOS-JIRA Defendant(s) TO: JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 17011-3841 DATE OF NOTICE: August 31, 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. IMPORTANT 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 #268236...::...._, _. _ .. ... ...... ..:... ...... . ..:_......... _ ,_ _... _._ _.:. _. ..... _ Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: ////4 6 ihiam E. Miller, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS #268236....:.._. . _.:.. _ _? .. _, _ - >....::.....__.,.M_, GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-6144-CIVIL, JOSEPH E. JIRAS CUMBERLAND COUNTY ATHENA J. BRELLOS, A/K/A ATHENA BRELLOS-JIRA Defendant(s) TO: ATHENA J. BRELLOS, A/K/A ATHENA BRELLOS-JIRA 2014 LINCOLN STREET CAMP HILL, PA 17011-3841 DATE OF.NOTICE: August 31, 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. IlKPORTANT 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 # 268236 w:. _.._...._ Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: IA;?; illiam E. Miller, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 _..._.. _._.__..._ _.._ .....:..... PHS # 268256 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-6144 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC, Plaintiff (s) From JOSEPH E. JIRAS and ATHENA J. BRELLOS a/k/a ATHENA BRELLOS-JIRAS (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: $189,839.00 L.L.: $.50 Interest from 9/22/11 to Date of Sale ($31.21 per diem) -- $13,763.61 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $253.00 Other Costs: Plaintiff Paid: Date: 8/31/12 David D. Buell, Prothono (Seal) Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff v JOSEPH E. JIRAiS ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/22/2011 to Date of Sale ($31.21 per diem) TOTAL Note: Please attach description of property. PHS # 268236 1 l0. oo 99,00 14.00 a.sv #3.00 F1_ a CF 14 ,. _ Pp A7W a• a'T ®nE Cm • 50 LL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6144-CIVIL CUMBERLAND COUNTY $189,839.00 $13,763.61 MW rn -` A c $203,602.61 Q am-, mss, AC Irv, --i r`; ' Cft'elan Ha roan & Schmieg, P Andrew J. Marley, Esq., Id. 0.312314 Attorney for Plaintiff Cam' I2aa1s3 W'# e{ PLI-3y'v O a d W ?d d v r W M e? ?Z r 41 00 ? O O ?d a ? `?, d w "OVA, a x??, d dx w?'r rA o d d O ?•' U d ,-, N o? W Oo? U 04 0 o? Ww U H ? O a z x v d W ? d ? o? O N r r a• LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Camp Hill Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Lincoln Street, formerly Berkley Street, on the dividing line between Lots 156 and 157 on the hereinafter mentioned plan of lots; thence in a westerly direction along the northern 'line of Lincoln Street, a distance of 60 feet to a point on the dividing line between Lots 158 and 159 on said plan; thence in a northerly direction along said dividing line between Lots 158 and 159, a distance of 100 feet to a point on the southern line of Lot 179 on said plan; thence in an easterly direction along the southern Iline of Lot 179 and Lot 180 on said plan, a distance of 60 feet to a point on the dividing line between Lots 156!and 157 on said plan; thence in a southerly direction along said dividing line between Lots 156 and 157 on said plan, a distance of 100 feet to a point on the northern line of Lincoln Street aforesaid, the point and place of BEGINNING. BEING Lots Nos. 157 and 158 on the plan of Camp Hill Estates as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 90. UNDER AND SUBJECT, nevertheless, to all conditions, restrictions, easements and rights of way of prior record. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Jiras and Athena J. Brellos, h/w, by Deed from Charles M. Lane and Barbara 1. Lane, h/w, dated 09/25/1998, recorded 09/28/1998 in Book 185, Page 1107. PREMISES BEING: 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841 PARCEL NO. 01-21-0271-135B GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff tr;-Dt , . E'QT}{{?'A( CIVIL DIVISION V. ' 1012 AUG 31 AM 11: 29 NO.: 11-6144-CIVIL JOSEPH E. JIRAS %AND COUNTY ATHENA J. BRELLOS A/K/A ATHENA B4 YLVANIA ' JIRAS CUMBERLAND COUNTY Defendant(s) PHS # 268236 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 2014 LINCOLN STREET CAMP HILL, PA 17011-3841 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) PA DEPARTMENT OF REVENUE BUREAU PO BOX 280948 OF COMPLIANCE HARRISBURG, PA 17128-0948 PA DEPARTMENT OF REVENUE BUREAU PO BOX 280946 OF COMPLIANCE HARRISBURG, PA 17128-0946 NORTH STAR CAPITAL ACQUISITION, LLC 520 FELLOWSHIP RD C/O DAVID J. APOTHAKER, ESQ. STE C306 MT LAUREL, NJ 08054 NORTH STAR CAPITAL ACQUISITIONS, 220 JOHN GLENN DRIVE LLC STE 100 AMHERST, NY 14228 Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 PENNSYLVANIA STATE EMPLOYEES 126 E KING STREET CREDIT UNION C/O SHAWN M. LONG, ESQ. LANCASTER, PA 17602-2893 Penn Waste, Inc. 85 Brickyard Road P.O. Box 3066 York, PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Partners for Payment Relief, LLC 3748 West Chester Pike Suite 103 Newtown Square, PA 19073 PARTNERS FOR PAYMENT RELIEF, LLC ATTN: BARBARA FAUST 3748 W CHESTER PIKE STE 103 NEWTOWN SQUARE, PA 19073 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 2014 LINCOLN STREET CAMP HILL, PA 17011-3841 ATHENA BRELLOS-JIRAS CIO MELISSA L. 3401 N FRONT ST VAN ECK, ESQ. HARRISBURG, PA 17110 JOSEPH E. JIRAS C/O CARL G. WASS, ESQ. Domestic' Relations of Cumberland County 3631 N FRONT STREET HARRISBURG, PA 17110-1533 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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, IJ. By: an Hallina Schmieg, Andrew J. Marley, Esq., Id. 12314 Attorney for Plaintiff GMAC MORTGAGE, LLC VS. CUMBERLAND COUNTY PENUSYLV ;LED-OFFICE ; HE ?rtGTHONOTA 'Plaintiff 2012 AUG 31 AM 11:29 JOSEPH E. J>IRAS . A N I A ATHENA J. EIRELLOS A/K/A ATHENA BRELLOS-JIRAS Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-6144-CIVIL : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ATHENA J. BRELLOS A/K/A ATHENA JOSEPH E. JIRAS BRELLOS-JIRAS 2014 LINCOLN STREET 2311 HARVARD AVENUE CAMP HILL, PA 17011-3841 CAMP !HILL, PA 17011-5332 "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 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $189,839.00 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE 'ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping:, the sale. (See notice on page two on how to obtain an attorney.) EVEN IF THE VE Y 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. 11-6144-CIVIL GMAC MORTGAGE, LLC vs. JOSEPH E. JIRAS ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $189,839.00 Phelan I fallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK' Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Camp Hill Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Lincoln Street, formerly Berkley Street, on the dividing line between Lots 156 and 157 on the hereinafter mentioned plan of lots; thence in a westerly direction along the northern line of Lincoln Street, a distance of 60 feet to a point on the dividing line between Lots 158 and 159 on said plan; thence in a northerly direction along said dividing line between Lots 158 and 159, a distance of 100 feet to a point on the southern line of Lot 179 on said plan; thence in an easterly direction along the southern line of Lot 179 and Lot 180 on said plan, a distance of 60 feet to a point on the dividing line between Lots 156 and 157 on said plan; thence in a southerly direction along said dividing line between Lots 156 and 157 on said plan, a distance of 100 feet to a point on the northern line of Lincoln Street aforesaid, the point and place of BEGINNING. BEING Lots Nos. 157 and 158 on the plan of Camp Hill Estates as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 90. UNDER AND SUBJECT, nevertheless, to all conditions, restrictions, easements and rights of way of prior record. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Jiras and Athena J. Brellos, h/w, by Deed from Charles M. Lane and Barbara I. Lane, h/w, dated 09/25/1998, recorded 09/28/1998 in Book 185, Page 1107. PREMISES BEING: 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841 PARCEL NO. 01-21-0271-135B r_ .,, 1, IN 'I;HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORI~UAGE, LLC Plaintiff Court of Common Pleas Civil Division ~. ATHENA J. BRF.LLOS A/K/A A'T'HENA BRELLOS-JIRAS JOSEPH E..iIRAS Defendants RULE CUMBERLAND County No.: 11-6144-CIVIL AND NOW. this %~~~ _ day of ~z'~z._20I2. a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twent~~ (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 matter. /-/IG/Q /1 ` ~ ~~ ~~vt4 n `~ `~ M i CG LL /~ (~~;e5 rya, ~t~ /o~i7~i~ ~~ BY THE COURT J. ~= ~: _ ; _~, _. - :~' ~, e :~ 268236 1 Allison F. Wells, Esq., ld. No. 309519 Phelan Hallman & Schmie~. LLP 1617 JFK Boulevard. Suite 1100 Philadelphia, PA 19103 "hEL: (~ 15) 56>-7000 .T, FAX: (21 ~) 563-1459 A114ENA J. BRELLOS h A/K/A ATHENA BRELLOS-.LIRAS JOSEPH E. JIRAS 2311 HARVARD AVENL'l~, CAMP E-TILL, PA 1701 1-~ 3>2 A ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL. PA 1701 I -3841 268236 j { ~ .. .~ ~ .l ~ t ~A.IZ a 1.1~ ~ ~ '-~ f'~ L.~ ~ l.~ l.. tai PHEL,AN HALLINAN & SCHMIE~;~L~~`+ L4~~~~1~1,', by: Allison F. Wells, Esquire, Atty. LD. No. 309519 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-18]4 X215 5) 63-7000 GMAC MORTGAGE, LLC Plaintiff ~. ATHENA J. BRELLOS A/ K/ A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS Defendant: ATTORNEY FOR PLAhJT[FF Court of Common Pleas Civil Division Cumberland County No.: l 1-6144-CIVIL PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "C" to Plaintiff s Motion to Reassess Damages which was filed with the court on or about October 12, 2012. DA7~1:: - Phelan Hallman mieg, L,I:P ,~~j~ ,f, r' Allison fills, Esquire Attorney for Plaintiff hJXHIBIT "C" PHELAN I~~I,~LLINAN & SCHMIEC, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (2I5) 563-3459 Phelan Hallinan & Schlnieg, LLP Representing Lenders in Pennsylvania and I~ew .lersey OctoLer 2, 2012 A`CIIENA J. BRELLOS A/I<,~A ATHENA BRELLOS-JIR1~S JOSEPH E. JIRAS 2311 I-fARVARD AVENUE CAMP Il ILL, PA 1701 I -5332 R}':: GMAC MORTGAGE, LLC v. A"CHENA .l. BRELL,OS, A/K/A ATHENA I3RI;L,I OS- .fIRAS and JOSEPH E. JIRAS Premises Address: 2014 LINCOLN STREET CAMP HILL, I'A 17011 C'I1~~BERLAND County CCP, No. 11-6144-CI~~iL Dear Defendants, 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 reduested relie~fthat is, increasing the ~trnount of the judgment. Please. respond to me within 5 days, by ] 0109/2012. Should you have further questions or concerns, please do not hesitate to contact. nae. Oti~~erwise, please be guided accordingly. Very truly yours, A1I is~7 i 1~:-~~;I-I ,sq. ~`lct: N~~.309519 Attorney 'for Plaintiff ~;nclosurc 268236 ~ ~7?6 t ~tOZ o£Q `a M ~p ~~~~?J~fi371bIry ~''r . `Z`4 ~~Z1tzb~~0 1 ~ r~' ~ .,,~ Wt ~' Q }~ ~, cv ~.ir~.~ ,~ r ..d q~~ ~ ~ c i 1 ~ .~~~u t- ~ Vy ~~ C N Q 'K O~ "a ~. Q ~ ~ ~ ~ ~ ~..6. C tC _.. ~'i. ye ~~ ^ ~ ~ LY. I r is i ~ l ~~_~ ~ ~~~~ a a c ~ ~ v ~ ~ u ~ '~ ~~ S~ 2 ~ Q . ~ 4 ,4 Z ~y p ~~~~..E w ~o_°~'s ° _c E w y ~ (, ~~~E ~~ ~ ~~ ~'~ ~ !!~ ,~ ~ ~ W ~ 'ti ~ '~ a ` v ~ a F z~ a a E o, ~` ~ ~ ~ °a ~ -a ^t W N ~ ~ ~v wM KtJ] a°~ ~~ ~ ~~~~ ~ ~ ~~ ~M~ ~ ~,~~ w '~a v ~°~ ~ ~a~ ~ ~ } a 0 a a W ~~a-av,~~~ c v ?¢ ° ~ ~ ~ °' ~ °C~~a GdZa~ ~ ~ ti a to ,,~ ..~ a .gym°":~Q z~ ~ ~waa'"'~u~z ~° ~~ ~~ ~~~Z~ - o ..~~o _~ aE Z ~ ~ ~ z ~Or a d n..^Oa. Z , o a"yNU'~h' U~ ~~ IN ..O a i M .k .k v ~ U .~ ~ N b Q ,~ .~ ~ ~ 4. C . ~ ~ By: Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 191.03 215-.563-7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS Defendants Cumberland County No.: 11-6144-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to Substitute Exhibit was sent to the following individuals on the date indicated below. ATHENA.I.BRELLOS A/K'A A"I'HENA BRELLOS-JIRAS JOSEPH E. JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 DA"TE : ~ ~f. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 17011-3841 Phelan Hallman & S ~ ~P __ _''_ f='" Allison F. Wells, Esq., Id. No. 309.519 ATTORNEY FOR PLAINTIFF Fi' Phelan Hal linan &Schmieg, LLP__~ I `~' E ' ~.~ ~ ~ ~ ~ . ~ -~ ~- Allison F'. Wells, Esq.. Id. No.309~,;f ~ f ~~ ;~~ ATTORNEY FOR PL~hII~TII~F 1617 JFK Boulevard. Suite 1400 ' ~ :: , , ~,-_ ~i ~ ~ One Penn Center Plaza Philadelphia. PA 19103 21~-~63-7000 GMAC 1`~1ORTUAUE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County ATHENA .f. BRELL.OS A/KiA ATHENA BRELLOS-JIRAS No.: 11-6144-CIVIL JOSEPH I-. JIRAS Defendants CERTIFICATION OF SERVICE [ hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendants to show catiise as to why Plaintiffs Motion to Reassess Damages should not b~ granted was served upon the following individuals on the date indicated below. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH :~ .JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 170111-5332 DATI~~: ~ r ~-- ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS .IOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 1'7011-3841 Phelan H~II" an &Schmieg, LLP Allisori~ Well ,Esq., ld. No.309519 Attorney for Plaintiff 268236 Phelan Hallinan & Schmieg, LLP •,: ~~ ;,, w Melissa J. Cantwell, Esq., Id. No.3~i~~1~~ ~ ~ wig ~~~ 19ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ~~~~c~~~?~~ ~~UP~r~~, One Penn Center Plaza ~'~~{~YLYA~j~ Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS No.: 11-6144-CIVIL JOSEPH E. JIRAS Defendants MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, 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: A Motion to Reassess Damages was filed with the Court on October 12, 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 Defendants on October 2, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 Christylee L. Peck on or about October 17, 2012 directing the Defendants to show cause by November 6, 2012 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 October 31, 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". 268236 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hal 'nan & S ieg, LLP DATE: r By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 268236 Exhibit "A" 268236 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. 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 October 2, 2012 ATHENA J. BRELLOS A!K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 RE: GMAC MORTGAGE, LLC v. ATHENA J. BRELLOS, A/K/A ATHENA BRELLOS- JIRAS and JOSEPH E. JIRAS Premises Address: 2014 LINCOLN STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-6144-CIVIL Dear Defendants, 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 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, , _. ,:-__~ ~- r' r-~' Allison ., x.309519 Attorney for Plaintiff Enclosure 268236 s ..~. i .a"n"~....». "~"^~ /_ <~ ' } ~ ~ ~ p f { 'a ~~ {{i ~1 .' 1~, ~ S F Exhibit ~~B" 268236 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division ~.-, . CUMBERLAND County ATHENA J. BRELLOS AiK/A ATHENA BRELLOS-J1RAS No.: 11-6144-CIVIL 30SEPH E..1IRAS ' Defendants RULE AND NOW, this lJ.~: day of ~ - ,c~,,_2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20j days fiom 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 matter. BY THE COURT ~-~ ~ ~~~ ~~_ ~~~ ___ ~ ,_.y T ~ ~ , ~ ; - ~T, , ~ ___, . -. _ _ a°4 ' ' Q .. ;s i r' ~ ...a. 1~: ,. ... { 26:8236 Exhibit "C" 268236 Phelan Hallinan & Schmieg, LLP ~'i~. ~ ~'~~~~ pia Allison F. Wells, Esq., Id. No.309519,,, ,w; ~ . t., , ~,,., ,A~'TORNEY FOR PLAINTIFF 1617 JFKBoulevard, Suite 1400 ~=s,~ .,~ ;, ~~'f ~` One Penn Center Plaza ' `` `~~' ~ ~' ' '"~ ~` ~~~ Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS 30SEPH E. JIRAS Court of Common Pleas Civil Division CUMBERLAND County No,: 11-6144- ' ~;A (v~4 ,. ., ~ ~' Defendants ~- CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ATHENA J. BRELLOS A/KJA ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 ATHENA J. BRELLOS A/K1A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 17011-3 841 Pheia~n.l lt~ilti'az~ & Schmieg, LLP __ ~~ DATE: 1~~ ~`'-°-- Allt:~ri ,,,_~~1~, Esq., Id. No.309519 Attorney for Plaintiff 268236 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. 3IRAS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-6144-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 ATHENA J.BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 17011-3 841 JOSEPH E. JIR.AS 8 OPPORTUNITY DR LOYSVILLE, PA 1 7047-9 1 1 0 helan H linan c g, LLP DATE: B elissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 268236 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 268236 DEFENDANT SERVICE TEAM/ Ixh ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS COURT NO.: 11-6144-CIVIL .IOSEPH E. JIRAS SERVE ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS TYPE OF ACTON AT: XX Notice of Sheriff s Sale ~;^~ ~ ,-~, 2311 HARVARD AVENUE SALE DATE: December 5, 2012 ~ ~- "}.t CAMP HILL, PA 17011-5332 "~_ -'~* ,w -..p **DIVORCED- One cannot accept service for the other** ~'~ ~y ~ ~~' ~~e, SERVED t__ ~s --~,,~t Served and made known to ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS, Defendant ~ ate ~~_ d a}~= ~ ;~ of C >` , 201,2- at 9-3so'clock f~- M at ~3it ~ ~~~the manner descrilx;d below ZVI A ~l< "~ t--~ ~ `~ t'" ~- ~"a• . ., : , ~g _ ~ ~ - r Defendant personally served. a, e.M ~j ~-'t": _ Adult family member with whom Defendant(s) reside(s). -~ -~ r! 7 ~ f,., 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 ~Q_ Race _ IN Sex. ~ Other I, ;~.,. ~ ._.' 1 :, <;i~ , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: r~ ~ I S ~- NAME: ~ Y/C~~~"~-r T~:-;~~',1 ~;"Cij PRINTEDNa'vIE: _., . _..,. , TITLE: ~ ~ C L ~ s:, .. ~ ~"dc:' NOT SERVED On the day of , 20_, at o'clock _. M.. I, , a competent adult hereby state that Defendant NOT FOUND c 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 L8 Pa. C.S. Sec. 4904 relating tc unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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. 5874 Jenine R. Davey, Esq., [d. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., id. No. 8667 Andrew L. Spivack. Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 3095]9 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. ?03993 ~\ AFFIDAVIT OF SERVICE (FNMA) ~~~.~ ~+75 M ~aT S~RU~ PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC ~ ~ ' ~~ PHS # 268236 llEFENDANT SERVICE TEAM/ Ixh ATHENA J. BRELLOS A/K1A ATHENA BRELLOS-JIRAS COURT NO.: 11-6144-CIVIL JOSEPH E..TIRAS SERVE JOSEPH E. JIRAS AT: TYPE OF ACTION 2014 LINCOLN STREET XX Notice of Sheriff s Sale CAiVIP HILL, PA 17011-3841 SALE DATE: December 5, 2012 ....., "DIVORCED- One cannot accept service for the other~'~ F~ ~ ~;-~ _ -~'.' 1 SERVED ~'(^ ` r ~ _? ~ a .f P °'" ~ e .i Served and wade known to JOSEPH E. JIRAS, Defendant en the 24 day of CTOb~ 201?--, at ,,,~ .~a ~ ' ¢: f ~.. o'clock. ~ M.. at ~ 0 peoRsun, tN DQ1 y f . in the manner described below: ~~ f~_ 1 -~'~`'" Defendant personally served. 1~OY S vt t_t.E ~ Pi4 { ~ ~'-~ ~ a=~' ~ ; ' _ .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. as• C"; ~j ~;-~. c` =; Manaeer/Clerk of place of lodging in which Defendant(s) reside(s). ; ~ ~- ~ ;~-'a _ Agent ar person in charge cf Defendant's office or usual Place of business. , ~ ~~ . _ an officer of said Defendant's company. - Other: Description: Ave 50 Height ~4 ~ Weight ~~ ~ Race W Sex M Other ' ... ; 1. , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject Ja-d+e~penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.. ~'ONT1 NUB(A~pS ~ \l~y DATE: (~ a~ I ~NvF~STf(~-T+0~1 D(S NA~VI~: V ~C t ~'1t'r ~,FF„w ~ t S ~MpLd~ED C°? Lo~lSvru.E ~'-urleNt~E f7~ d P PoRTKN r7+' D,n ~ u !~o y S v l (.c.~, D A On the day of , 20_, at Defendant?~OT FOB c PRINTED NAME: DeT~N o a ,~. ,;>+)~1 77 - - E TITLE: _ . '> :~~ ~'~"~ CI' NOT SERVED_ o'clock _. M., I, , a competent adult hereby state that _ Vacant _ Does Not Exist _ iVloved _ Does Not Reside (Not Vacant) _ No Answer on at _ at Service Refused Other. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relatinu to w~sworn falsification to authorities. ` BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq.. Id. No. 32227 Francis S. Hallman. Esq.. Td. No. 62695 Daniel G. Schmie;, Esq., Id. No. 622~~ Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq.. Id. No. X8745 Jenine R. Davey. Esq.. Id. No. 87077 Lauren R. Tabas, Esq.. Id. No. 93337 Jay B. Jones, Esq.. 1d. No_ 86657 Andrew L. Spivack, Esq.. Id. No. 84439 Chrisovalante P. Fliakos. Esq.. Id. No. 94620 Courtenay R. Dunn. Esy.. ld. No. 206779 Allison F. Wells. Esq.. Id. Nn. 309519 Melissa J. Cantwell. Esq.. Id. No. 303912 Mario J. Hanyon. Esq.. id. No. 203993 Andre~~ J. Marley. Esq.. Id. No. 312314 Robert W. Cusick. Esq.. Id. No. S0193 Phelan Hallinan, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id.No.308877 1617 JFK Boulevard, Suite 1400 co One Penn Center Plaza Philadelphia, PA 19103 t C 0 215-563-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 11-6144-CIVIL ATHENA J. BRELLOS CUMBERLAND COUNTY A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: I. A Sheriffs Sale of the mortgaged property known as 2014 LINCOLN STREET, CAMP HILL, PA 17011-3 841 involved herein has been scheduled for April 3, 2013. 2. Plaintiff has agreed to enter into settlement negotiations with the Defendants to possibly resolve the mortgage default. 3. A two month postponement of the Sheriffs sale will enable Plaintiff and Defendants to complete negotiations. 4. Unless the Court grants this Motion to postpone the Sheriff Sale,the Plaintiff will have to re-advertise the property to comply with Pa.R.C.P. 3129.2 which will result in additional costs to the parties. PHS#268236 5. A brief postponement of the Sheriff s Sale will not prejudice Defendants and will, in fact, inure to their benefit. 6. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendant ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS via telephone on March 28, 2013 at(717) 761-3636 and(717) 319-1781.A voice message could not be left as mailbox did not confirm that either number was the borrowers. Plaintiffs counsel attempted to reach Defendant JOSEPH E. JIRAS via telephone on March 28, 2013 at(717) 343- 7782, the only number we have available for the defendant. Voice mailbox was to a person other than defendant so a message could not be left. Defendants have not responded. 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Peck entered an order for Motion to Make Rule Absolute dated 11/14/12. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to June 5, 2013. Phelan Ha LLP Date: March 28, 2013 By: J0 ael Kolesnik, Esq., Id.No.308877 A torney v for Plaintiff PHS#268236 Phelan Hallinan, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Perin Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 11-6144-CIVIL ATHENA J. BRELLOS CUMBERLAND COUNTY A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. ERAS Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice,a Sheriffs Sale of the mortgaged premises known as 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841 has been scheduled for April 3, 2013. However, a two month postponement is requested in order to attempt a resolution of the default. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be injured by the granting of the relief requested. WHEREFORE, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of the mortgaged premises to the June 5,2013 Sheriff's Sale. Phelan H>aIllnLLP Date: March 28, 2013 By: John Xicfi-a-e'l Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff PHS#268236 Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 11-6144-CIVIL ATHENA J. BRELLOS CUMBERLAND COUNTY A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on March 28, 2013. ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 17011-3 841 Phelan Ha ' , LLP Date: March 28, 2013 By: Jo�hn ' ae Kolesnik, Esq., Id. No.308877 ey for Plaintiff PHS#268236 PENN SYLyAPt iIA ' .i.. GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 11-6144-CIVIL ATHENA J. BRELLOS CUMBERLAND COUNTY A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS Defendants ORDER C AND NOW,this day of Mareh 2013, after consideration of Plaintiff's Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the sale of 2014 LINCOLN STREET, CAMP HILL, PA 17011-3841 is postponed two months to the Sheriff s Sale scheduled for June 5, 2013. No further advertising or additional notice to lienholders or Defendants is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: ✓ ScsF�� Ti r �c S PHS#268236sf DISTRIBUTION LEGEND JOSEPH SCHALK,ESQUIRE ATTORNEY I.D.NO. 91656 Phelan Hallinan,LLP 126 LOCUST STREET HARRISBURG,PA 17101 TEL: (215)563-7000 FAX: (215)563-8656 Joseph.Schalk @fedphe.com ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS JOSEPH E. JIRAS 2014 LINCOLN STREET CAMP HILL, PA 17011-3841 OFFICE OF THE SHERIFF RONNY R. ANDERSON, SHERIFF CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE ROOM 303 CARLISLE, PA 17013 PHS#268236 I ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Mc� Sheriff '��" ~' ' ���^ ~; TM� p��T� � ��«�y Jody SSmith Chief Deputy 1| y°� � | � PH 3; ^ ^~ ~N~~` ' — Richard VVStewart ��� Solicitor ���unr�uasHEmFF CUMBERLAND AND �O"�rY �_. ' EKW~Y['�AWAGMACK8odgoge. LLC vs. Case Number Joseph � E. Jkao(et oi) ' | 2011-6144 SHERIFF'S RETURN OF SERVICE 10/04/2012 02:O7PM_Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting n true copy of the requested Real Estate Writ, NodoeondDeoohpdun. ondSo|eHandbiUinbhe above titled action, upon the property located at 2014 Lincoln Street, Camp Hill Borough, Camp Hill, PA 17O11. Cumberland County. 10/25/2012 O4:3gPyW-Deputy Shawn GutohmU, being duly sworn according tolaw, served the requested F{ao/ Estate W6t, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing o true copy toa person representing themselves tobe the Defendant,towit: Athena J. Brellos a/k/a Athena Brellos-Jiras at 2311 Harvard Avenue, Camp Hill Borough, Camp Hill, PA i7011. Cumberland County. 11/05/2012 Sheriff Ronny R.Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joseph E. Jiras, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Real Estate Writ, Notice and Description as "Not Served"at 2014 Lincoln Street, Camp Hill, PA 17011, defendant could not be located at address stated prior to expiration date. 13/04/2012 As directed by Daniel Gchrniag.Attorney for the P!aindff, Sheriffs Sale Continued to3/G/3U13 02/21/2013 As directed by Daniel Sohmiag. Attorney for the Plaintiff, Sheriffs Sale Continued bo4/3/2O13 | 04/02/2013 As directed by Daniel Sohnmieg.Attorney for the Plaintiff, Sheriffs Sale Continued toG/5/2O13 | � 06/05/2013 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: $897.42 GC>ANSWERS, June OG. 2O13 RbNWR ANDERSON, GHER]FF ^�� ^�u/^ wo"""*swm Sheriff,n*e""^.Inc, J GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-6144-CIVIL JOSEPH E. JIRAS , ATHENA J. BRELLOS A/K/A ATHENA BRELLOS- JIRAS CUMBERLAND COUNTY Defendant(s) PHS #268236 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2014 LINCOLN STREET,CAMP HILL,PA 17011-3841. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) ATHENA J.BRELLOS A/K/A ATHENA 2311 HARVARD AVENUE BRELLOS-JIRAS CAMP HILL,PA 17011-5332 JOSEPH E.JIRAS 2014 LINCOLN STREET CAMP HILL,PA 17011-3841 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably SAME AS ABOVE ascertained,please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) PA DEPARTMENT OF REVENUE BUREAU PO BOX 280948 OF COMPLIANCE HARRISBURG,PA 17128-0948 PA DEPARTMENT OF REVENUE BUREAU PO BOX 280946 OF COMPLIANCE HARRISBURG,PA 17128-0946 NORTH STAR CAPITAL ACQUISITION,LLC 520 FELLOWSHIP RD C/O DAVID J.APOTHAKER,ESQ. STE C306 MT LAUREL,NJ 08054 NORTH STAR CAPITAL ACQUISITIONS, 220 JOHN GLENN DRIVE LLC STE 100 AMHERST,NY 14228 Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg,PA 17110 PENNSYLVANIA STATE EMPLOYEES 126 E KING STREET CREDIT UNION C/O SHAWN M.LONG,ESQ. LANCASTER,PA 17602-2893 t Penn"Waste,fnc. 85 Brickyard Road P.O. Box 3066 York,PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) Partners for Payment Relief,LLC 3748 West Chester Pike Suite 103 Newtown Square,PA 19073 PARTNERS FOR PAYMENT RELIEF,LLC 3748 W CHESTER PIKE ATTN: BARBARA FAUST STE 103 NEWTOWN SQUARE,PA 19073 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 2014 LINCOLN STREET CAMP HILL,PA 17011-3841 ATHENA BRELLOS-JIRAS C/O MELISSA L. 3401 N FRONT ST VAN ECK,ESQ. HARRISBURG,PA 17110 JOSEPH E.JIRAS C/O CARL G. WASS,ESQ. 3631 N FRONT STREET HARRISBURG,PA 17110-1533 Domestic Relations of 13 North Hanover Street Cumberland County 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 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 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: lorg I, By; /1 '44, an H-allinanok Schmieg, Andrew J. Marley,Esq.,Id.r. 12314 Attorney for Plaintiff GMAC MORTGAGE,LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. : NO.: 11-6144-CIVIL JOSEPH E.JIRAS ATHENA J.BRELLOS A/K/A ATHENA BRELLOS-JIRAS CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ATHENA J.BRELLOS A/K/A ATHENA JOSEPH E. BRAS BRELLOS-JIRAS 2014 LINCOLN STREET 2311 HARVARD AVENUE CAMP HILL,PA 17011-3841 CAMP HILL,PA 17011-5332 "THIS 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 2014 LINCOLN STREET,CAMP HILL,PA 17011-3841 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$189,839.00 obtained by GMAC MORTGAGE, LLC(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. �l 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 0 w SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-6144-CIVIL GMAC MORTGAGE,LLC VS. JOSEPH E. JIRAS ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania,being (Municipality) 2014 LINCOLN STREET, CAMP HILL,PA 17011-3841 Parcel No. 01-21-0271-135B (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $189,839.00 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 } LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Camp Hill Borough,Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the northern line of Lincoln Street,formerly Berkley Street,,on the dividing line between Lots 156 and 157 on the hereinafter mentioned plan of lots;thence in a westerly direction along the northern line of Lincoln Street,a distance of 60 feet to a point on the dividing line between Lots 158 and 159 on said plan;thence in a northerly direction along said dividing line between Lots 158 and 159,a distance of 140 feet to a point on the southern line of Lot 179 on said plan;thence in an easterly direction along the southern line of Lot 179 and Lot 180 on said plan,a distance of 60 feet to a point on the dividing line between Lots 156 and-157 on said plan;thence in a southerly direction along said dividing line between Lots 156 and 157 on said plan,a distance of 100 feet to a point on the northern line of Lincoln Street aforesaid,the point and place of BEGINNING. BEING Lots Nos. 157 and 158 on the plan of Camp Hill Estates as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1,Page 90. UNDER AND SUBJECT,nevertheless,to all conditions,restrictions,easements and rights of way of prior record. TITLE TO SAID PREMISES IS VESTED IN Joseph E.Jiras and Athena J.Brellos, h/w,by Deed from Charles M.Lane and Barbara I.Lane,h/w,dated 09/25/1998,recorded 09/28/1998 in Book 185,Page 1107. PREMISES BEING:2014 LINCOLN STREET,CAMP HILL,PA 17011-3841 PARCEL NO.01-21-0271-135B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-6144 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC, Plaintiff(s) From JOSEPH E.JIRAS and ATHENA J. BRELLOS a/k/a ATHENA BRELLOS-JIRAS (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 GARNISHEES)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: $189,839.00 L.L.: $.50 Interest from 9/22/11 to Date of Sale($31.21 per diem)-- $13,763.61 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $253.00 Other Costs: Plaintiff Paid: Date: 8/31/12 David D. Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand 1617 JFK BOULEVARD,SUITE 1400 and the seat of said Court. t Carlisle,Pa. PHILADELPHIA,PA 19103 This 3l'�day f 20 l-_ Prothonotary Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312314 n. On September 4, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, known and numbered 2014 Lincoln Street, Camp Hill, PA 17011 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 4, 2012 ft)ftto By: .. Claudia Brewbaker, Real Estate Coordinator 5 p 11 d h` d3S Z10t j�12� CUMBERLAND LAW JOURNAL Writ No. 2011-6144 Civil Term GMAC MORTGAGE,LLC VS. JOSEPH E.JIRAS Athena J. Brellos a/k/a Athena Brellos-liras Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 11-6144-CIVIL, GMAC MORTGAGE, LLC vs. JOSEPH E. JIRAS,ATHENA J. BRELLOS a/k/a ATHENA BRELLOS-JIRAS, owner(s) of property situate in the BOROUGH OF CAMP HILL,Cumberland County, Pennsylvania, being 2014 LINCOLN STREET. CAMP HILL, PA 17011- 3841. Parcel No. 01-21-0271-135B. Improvements thereon:RESIDEN- TIAL,DWELLING. JUDGMENT AMOUNT:$189,839- .00. 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 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: October 26, November 2 and November 9,2012 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. Tfisa Marie Coyne)Editor V SWORN TO AND SUBSCRIBED before me this 9 day of November, 2012 CNotary FNOTARIAL SEAL DEBORAH A COLLINS Notary Pubtic CARLISLE BOROUGH,CUMBERLAND COUNTY My C My Commission Expires Apr 28,2014 - The Patriot-News Co. • 2020 Technology Pkwy e a rio � ews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries 717-255-8213 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 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: 2011.6144 CivMI Term 10/26/12 GMAC MORTGAGE,LL VS. 11/02/12 JOSEPH E.JIRAS Athena J.Brellos a/k/a Athena 11/09/12 Brellos-Jlras Any: Daniel Schmieg By virtue of a writ of Execution N0. . . . . . . . . . . . . . . . . . . . . . . . 11-6144-CIVIL, GMAC MORTGAGE,LLC / Vs' Sworn to subscribe befor m this 1 da flNov mber, 2012 A.D. JOSEPH E.JIRAS ATHENA J.BRELLOS A/K/A ATHENA BRELLOS-JIRAS owner(s)of property situate in the BOROUGH OF CAMP HML Nota ry'-public Cumberland County,Pennsylvania,being (Municipality) 2014 LINCOLN STREET.C HILL PA 17011-3841 Parcel No.01-21-0271-135B COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) Notarial Seal Improvements thereon:RESID Sherrie L.Owens,Notary Public DWELLING Lower Paxton Twp.,Dauphin County JUDGMENT AMOUNT`$189,839.00 My CommlSSton Expires Nov.26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES .. - : 1 NOV22 AM I0: 29 ."11[3 BLAND COUNT'' PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 GMAC MORTGAGE,LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County ATHENA J.BRELLOS A/K/A ATHENA BRELLOS-JIRAS No. 11-6144-CIVIL JOSEPH E.JIRAS Defendant(s) PRAECIPE TO THE PROTHONOTARY: n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. n Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: /f/iL//0 PHELA L AN, LLP By: Joh, ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PH# 762069 aa q.So a/ /3/i1/(-7 aq 'sg • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 GMAC MORTGAGE,LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS No. 11-6144-CIVIL JOSEPH E.JIRAS • Defendant(s) CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: ATHENA J. BRELLOS A/K/A ATHENA BRELLOS-JIRAS 2311 HARVARD AVENUE CAMP HILL, PA 17011-5332 JOSEPH E. JIRAS 1542 N JEFFERSON CT LANCASTER, PA 17602-1244 Date: //ZF///3 PHELA "AL INAN, LLP By: ,A7,, Jo /Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff