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HomeMy WebLinkAbout11-7813t ?'3" that t"F t1iicN0 p,11, €g"I 0"CT I `i A 10: c. 71tMDERLAND COUNT` PENNSYLVANIA ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. ERIC S. WARREN DONNA M. WARREN 102 HOLLAR AVENUE SHIPPENSBURG, PA 17257-2134 Defendants File #: 274390 274390 COURT OF COMMON PLEAS CIVIL DIVISION TERM 44 n `? NO.-?C?? I,IVI I CUMBERLAND COUNTY ??at?S9s? NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money. or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 274390 I . Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC S. WARREN DONNA M. WARREN 102 HOLLAR AVENUE SHIPPENSBURG, PA 17257-2134 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/10/2005 ERIC S. WARREN and DONNA M. WARREN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1927, Page 4581. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 274390 41 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 06/10/2011: Principal Balance $140,765.57 Interest $2,708.60 02/01/2011 to 06/10/2011 Late Charges $131.85 Property Inspections $37.25 Non Sufficient Funds Charge $20.00 Subtotal $143,663.27 Suspense Credit ($31.25) Escrow Credit ($960-91) TOTAL $142,671.11 7. Plaintiff is not seeking a judgment of personal liability (or an in ners,_ onam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 274390 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $142,671.11, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELANINAN & SCHMIEG, LLP for Plaintiff File #, 274390 LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point, an iron pin on the western edge of Hollar Avenue at common corner of Lot 1 and Lot 2 as shown on subdivision plan hereinafter mentioned; thence along the western edge of Hollar Avenue, South 37 degrees 43 minutes 13 seconds East, 116.4 feet to an iron pin; thence along Lot 3 on the aforesaid subdivision plan, South 52 degrees 16 minutes 47 seconds West, 174.76 feet to an iron pin; thence along Lot 4 on the aforesaid subdivision plan, North 37 degrees 43 minutes 13 seconds West, 63.99 feet to an iron pin; thence along lands now or formerly of Carey C. Garland, North 50 degrees 59 minutes 54 seconds East, 46.21 feet to an iron pin; thence along lands of the same, North 40 degrees 17 minutes 20 seconds West, 51.43 feet (incorrectly referred to in prior deed as 51.53 feet) to an iron pin; thence along Lot 1 on the aforesaid subdivision plan, North 52 degrees 16 minutes 47 seconds East, 130.87 feet to an iron pin on the western edge of Hollar Avenue, the point and place of beginning. BEING all of Lot 2 on subdivision plan prepared for Wayne E. Hawkins, dated September, 1990, recorded in Cumberland County, Pa., Deed Book 62, page 110, consisting of 18,004 square feet, more or less. AND BEING the same real estate which Robert S. Nickey, III, and Kathleen H. Nickey, his wife, by deed dated July 15, 1997, and recorded in Cumberland County, Pa., Deed Book Volume 161,Page 143, conveyed to Herbert S. Martin and Donna Jean Martin, his wife, the Grantors herein PROPERTY ADDRESS: 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134 PARCEL # 33-34-2413-269 File #: 274390 VERIFICATION Davncft LOwe y thorized Officer hereby states that he/she is of, GMAC MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: GMAC MORTGAGE, LLC File #: 274390 Name: WARREN File #: 274390 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. ERIC S. WARREN DONNA M. WARREN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEA, -, CIVIL DIVISION No. 11-7813 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 ERIC S. WARREN, and DONNA M. WARREN, 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 $142,671.11 $142,671.11 I hereby certify that (1) the Defendants' last known addresses are 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134 and 151 ROXBUR AD, NEWVILLE, PA 17241, and (2) t at notice has been given in accordance with R Pa.R.C. 237.1. Date REsquire aYu{ t 1q. co a Attorney for Plaintiff ? I13sa7 DAMAGES ARE EREBY ASSESSED AS INDICATED `Ndo'd DATE: I? 9 PHS # 274390 PROTHONOTARY 274390 CY PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. ERIC S. WARREN DONNA M. WARREN CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7813 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ERIC S. WARREN is over 18 years of age and resides at 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134 and 151 ROXBURY ROAD, NEWVILLE, PA 17241. (c) that defendant DONNA M. WARREN is over 18 years of age and resides at 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date '?' v Ro e . Cusick, Esquire Attorney for Plaintiff 274390 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. ERIC S. WARREN DONNA M. WARREN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-7813 Notice is given that a Judgment in the above captioned matter has been entered against you on 101 3wo By: .? If you have any questions concerning this matter please contact: Robert W. Cusick, 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 A TTEMPTING 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 ANA TTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** I ,w GMAC MORTGAGE, LLC V. Plaintiff ERIC S. WARREN DONNA M. WARREN Defendant(s) TO: ERIC S. WARREN 151 ROXBURY RD NEW VILLE, PA 17241-9774 DATE OF NOTICE: November 22, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7813 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY 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. Office of the Prothonotary CUMBERLAND COUNTY BAR PHS # 274390 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Ro . Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 274390 GMAC MORTGAGE, LLC V. Plaintiff ERIC S. WARREN DONNA M. WARREN Defendant(s) TO: ERIC S. WARREN 102 HOLLAR AVENUE SHIPPENSBURG, PA 17257-2134 DATE OF NOTICE: November 22, 2011 COURT OF COMMON PLEAS CIVIL DTVISON NO. 11-7813 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY 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. Office of the Prothonotary CUMBERLAND COUNTY BAR PHS # 274390 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Ro . Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 274390 GMAC MORTGAGE, LLC V. Plaintiff ERIC S. WARREN DONNA M. WARREN Defendant(s) TO: DONNA M. WARREN 102 HOLLAR AVENUE SHIPPENSBURG, PA 17257-2134 DATE OF NOTICE: November 22, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7813 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY 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. Office of the Prothonotary CUMBERLAND COUNTY BAR PHS # 274390 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Ro Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmie& LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS # 274390 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7813 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From ERIC S. WARREN, DONNA M. WARREN (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: $142,671.11 L.L.: $.50 Interest from 12/10/11 to Date of Sale ($23.45 PER DIEM) - $4,221.00 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $234.00 Other Costs: Plaintiff Paid: Date: 2/13/12 David D. Buell, Protho t !;W (Seal) y: ,4?g??41.Zjt - C Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v ERIC S. WARREN DONNA M. WARREN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/10/2011 to Date of Sale ($23.45 per diem) TOTAL NO.: 11-7813 CUMBERLAND COUNTY $142,671.11 $4 2 21.00 ?. x - s , . mco =M -11 rn F-1- f-: =r- $14 92.11 rte-'` Z3 -41 : 4- U0 Ph n Hallinan & Schmieg, LLP -? J Michael Kolesnik, Esq., Id. No.308877"? ttorney for Plaintiff Note: Please attach description of property. PHS # 274390 CBr? P (?? Li f Lj. D"O a 5a K? PCI ,S CL ?L , T.? C2t?a;?o 9 e u s sB?S ?J??? ?f Qcz, < n ?o o '5 1 to 0 '? m ¢c i?ol ? n a C'" O ? i.y 00 00 J ?d x° ?x 0 r N N W .fi ? c n d? ? ?o h ? O 0 *S 0 L+ ttzU- O- V. m? 9 ? 2 G?? c ?? da Q LEGAL DESCRIPTION ALL THE FOLLOWING DESCRIBED REAL ESTATE, LYING AND BEING SITUATE IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, AN IRON PIN ON THE Western EDGE OF HOLLAR Avenue AT COMMON CORNER OF Lot 1 AND Lot 2 AS SHOWN ON SUBDIVISION Plan HEREINAFTER MENTIONED; THENCE ALONG THE Western EDGE OF HOLLAR Avenue, South 37 DEGREES 43 MINUTES 13 SECONDS East, 116.4 FEET TO AN IRON PIN; THENCE ALONG Lot 3 ON THE AFORESAID SUBDIVISION Plan, South 52 DEGREES 16 MINUTES 47 SECONDS West, 174.76 FEET TO AN IRON PIN; THENCE ALONG Lot 4 ON THE AFORESAID SUBDIVISION Plan, North 37 DEGREES 43 MINUTES 13 SECONDS West, 63.99 FEET TO AN IRON PIN; THENCE ALONG LANDS NOW OR FORMERLY OF CAREY C. GARLAND, North 50 DEGREES 59 MINUTES 54 SECONDS East, 46.21 FEET TO AN IRON PIN; THENCE ALONG LANDS OF THE SAME, North 40 DEGREES 17 MINUTES 20 SECONDS West, 51.43 FEET (INCORRECTLY REFERRED TO IN PRIOR DEED AS 51.53 FEET) TO AN IRON PIN; THENCE ALONG Lot 1 ON THE AFORESAID SUBDIVISION Plan, North 52 DEGREES 16 MINUTES 47 SECONDS East, 130.87 FEET TO AN IRON PIN ON THE Western EDGE OF HOLLAR Avenue, THE POINT AND PLACE OF BEGINNING. BEING ALL OF Lot 2 ON SUBDIVISION Plan PREPARED FOR WAYNE E. HAWKINS, DATED September, 1990, RECORDED IN CUMBERLAND COUNTY, PA., DEED BOOK 62, PAGE 110, CONSISTING OF 18,004 SQUARE FEET, MORE OR LESS. TITLE TO SAID PREMISES VESTED IN Eric S. Warren and Donna M. Warren, his wife, by Deed from Herbert S. Martin and Donna Jean Martin, his wife, dated 09/24/1999, recorded 10/05/1999 in Book 209, Page 85. PREMISES BEING: 102 HOLLAR AVENUE, SHMPENSBURG, PA 17257-2134 PARCEL NO. 32-34-2413-269 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id No.3 8 a 1617 JFK Boulevard, Suite 1400 F? One Penn Center Plaza 21112 FEB 13 AM 9' 59 Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff v. ERIC S. WARREN DONNA M. WARREN Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7813 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: ( ;I the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. By: 4Z? 7 off Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff GMAC MORTGAGE, LLC Plaintiff V. ERIC S. WARREN DONNA M. WARREN Defendant(s) iE; HE tP,CTHO?OTA;; ' 2012 FEB 13 All 9: 59 11111ERLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7813 CUMBERLAND COUNTY PUS # 274390 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 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134. 1. Name and address of Owner(s) or reputed Owner(s): Name ERIC S. WARREN DONNA M. WARREN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 151 ROXBURY RD NEWVILLE, PA 17241-9774 102 HOLLAR AVENUE SHIPPENSBURG, PA 17257-2134 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) GMAC Mortgage, LLC. 7 CARNEGIE PLAZA CHERRY HILL, NJ 08003 GMAC Mortgage, LLC. 2101 Rexford, Suite 168W Charlotte, NC 28211 GMAC Mortgage, LLC., C/O JOHN WESLEY 200 LAKESIDE DRIVE, SUITE 248 MPD/EE, HOME CONNECTS LENDING HORSHAM, PA 19044 SERVICES MERS as a nominee for GMAC Mortgage, LLC. P.O. BOX 2026 FLINT, MI 48501-2026 MERS, Inc. Formerly - 3300 SW 34th Avenue, Suite 101 Ocala, FL 34474 MERS, Inc. 1901 E. Voorhees St., Suite C Danville, IL 61834 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. 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 102 HOLLAR AVENUE SHIPPENSBURG, PA 17257-2134 DONNA M. WARREN, C/O MARTHA B. WALKER, ESQUIRE 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 ERIC S. WARREN, 200 NORTH HANOVER STREET C/O HANNAH HERMAN-SNYDER, ESQUIRE CARLISLE, PA 17013 GMAC Mortgage, LLC Domestic Relations of Cumberland County 3451 Hammond Ave Mail Code 507-345-186 Waterloo, IA 50702 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 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 infonnation 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 authoritie . Date: ?i By: r'i Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff f L -a ; GMAC MORTGAGE, LLC.' ` { PQ}O 2012 FES 13 AM 9? 59 C QERLAND COUNTY ?'ENNSYEVANIA ERIC S. WARREN : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11-7813 DONNA M. WARREN : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC S. WARREN DONNA M. WARREN 151 ROXBURY RD 102 HOLLAR AVENUE NEWVILLE, PA 17241-9774 SHIPPENSBURG, PA 17257-2134 "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 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $142,671.11 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7813 GMAC MORTGAGE, LLC vs. ERIC S. WARREN DONNA M. WARREN owner(s) of property situate in the BOROUGH OF SHIPPENSBURG, Cumberland County, Pennsylvania, being (Municipality) 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134 Parcel No. 32-34-2413-269 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $142,671.11 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THE FOLLOWING DESCRIBED REAL ESTATE, LYING AND BEING SITUATE IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, AN IRON PIN ON THE Western EDGE OF HOLLAR Avenue AT COMMON CORNER OF Lot 1 AND Lot 2 AS SHOWN ON SUBDIVISION Plan HEREINAFTER MENTIONED; THENCE ALONG THE Western EDGE OF HOLLAR Avenue, South 37 DEGREES 43 MINUTES 13 SECONDS East, 116.4 FEET TO AN IRON PIN; THENCE ALONG Lot 3 ON THE AFORESAID SUBDIVISION Plan, South 52 DEGREES 16 MINUTES 47 SECONDS West, 174.76 FEET TO AN IRON PIN; THENCE ALONG Lot 4 ON THE AFORESAID SUBDIVISION Plan, North 37 DEGREES 43 MINUTES 13 SECONDS West, 63.99 FEET TO AN IRON PIN; THENCE ALONG LANDS NOW OR FORMERLY OF CAREY C. GARLAND, North 50 DEGREES 59 MINUTES 54 SECONDS East, 46.21 FEET TO AN IRON PIN; THENCE ALONG LANDS OF THE SAME, North 40 DEGREES 17 MINUTES 20 SECONDS West, 51.43 FEET (INCORRECTLY REFERRED TO IN PRIOR DEED AS 51.53 FEET) TO AN IRON PIN; THENCE ALONG Lot 1 ON THE AFORESAID SUBDIVISION Plan, North 52 DEGREES 16 MINUTES 47 SECONDS East, 130.87 FEET TO AN IRON PIN ON THE Western EDGE OF HOLLAR Avenue, THE POINT AND PLACE OF BEGINNING. BEING ALL, OF Lot 2 ON SUBDIVISION Plan PREPARED FOR WAYNE E. HAWKINS, DATED September, 1990, RECORDED IN CUMBERLAND COUNTY, PA., DEED BOOK 62, PAGE 110, CONSISTING OF 18,004 SQUARE FEET, MORE OR LESS. TITLE TO SAID PREMISES VESTED IN Eric S. Warren and Donna M. Warren, his wife, by Deed from Herbert S. Martin and Donna Jean Martin, his wife, dated 09/24/1999, recorded 10/05/1999 in Book 209, Page 85. PREMISES 13EING: 102 HOLLAR AVENUE, SHIPPENSBURG, PA 17257-2134 PARCEL NO. 32-34-2413-269 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor #??tr of ??tGr17440 OFV;E <. TI-E S"ERIFF GMAC Mortgage, LLC Case Number vs. Eric S. Warren (et al.) 2011-7813 SHERIFF'S RETURN OF SERVICE 03/20/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. $3,319.47 was received in cosideration of the STAY. SHERIFF COST: $129.58 SO ANSWERS, March 20, 2012 RON R ANDERSON, SHERIFF r-• 7 T• Ay --7 ' rZ r ? ?O ?' :;u f - 71 r t r < © CJ r- C":7 . ! ? Cie,# ?? yy a*,-7 a? c CountySulte She,& Ie!eosoft Inc ? d On February 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Shippensburg, Cumberland County, PA, known and numbered 102 Hollar Avenue, Shippensburg, PA 17257 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 14, 2012 By: For Claudia Brewbaker, Real Estate Coordinator d h'-1 ll0t 0 5 :?j Phelan Hallinan & Schmieg, LLP -z 1617 JFK Boulevard, Suite 1400 I, 0 N O T A j Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 _ AvI 10 215-563-7000 n y? GMAC MORTGAGE, LLC -UMBERUA1!?fkfff ommon Pleas Plaintiff n C NAY V Civil Division vs CUMBERLAND County ERIC S. WARREN DONNA M. WARREN No. 11-7813 Defendant PR AF.CTPF TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: J J 1 d' P ELAN ALLiNAN & SC G, LLP r By. Lawrence T. Phelan, Esq., Id. No. 3222 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. 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. Cantwell, Esq., Id. No. 30891 PHS# 274390 Attorneys for Plaintiff Q,?,,A a? I -?14 355 CI * X15?31 U g.*a-73Y/1 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs ERIC S. WARREN DONNA M. WARREN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-7813 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: ERIC S. WARREN 151 ROXBURY RD NEWVILLE, PA 17241-9774 DONNA M. WARREN 102 HOLLAR AVENUE SHIPPENSBURG. PA 17257-2134 < Q) Date: 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. Davev, 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 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 / Melissa J. Cantwell, Esq.. Id. No. 308912 Attorney for Plaintiff