The URL can be used to link to this page

Home My WebLink About11-7980PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 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 V. Plaintiff MICHAEL GARDNER 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 Defendant ATTORNEY FOR PLAINTIFF (-Ir'T 19 14 f. i ?b$"D CGUNT,i,, >yk, T VANIA COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. l 1-"l g go Ct V(' CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 279348 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 #: 279348 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL GARDNER 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2004 MICHAEL GARDNER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page 4296. By Assignment of Mortgage recorded 03/17/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200807899. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2011 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 File #: 279348 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $103,942.63 Interest $2,266.79 04/01/2011 to 08/12/2011 Late Charges $87.63 Property Inspections $37.25 Subtotal $106,334.30 Escrow Credit 219.55 TOTAL $106,114.75 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 279348 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $106,114.75, 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. PHELAN HALLINAN & SCHMIEG, LLP By: ?- Sheetal R. Sh h-J squire Attorney for Plaintiff File M 279348 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Second Ward of the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of South Market Street, said point being two hundred seventy-three (273) feet in a northerly direction from the northwest corner of property now or late of Paul L. Heiges and Geraldine Heiges, his wife; thence northwardly along the East line of South Market Street, fifty-seven (57) feet to a point; thence eastwardly along the line of land now or late of Boyd M. Fortney and Marian J. Fortney, his wife, one hundred seventy-seven and four-tenths (177.4) feet to a point in the center line of a 20 foot alley; thence southwardly along the center line of said alley, forty-two and five-tenths (42.5) feet to a point; thence westwardly along the line of land now or late of Ralph R. Eckert and Mary E. Eckert, his wife, one hundred seventy-seven and four-tenths (177.4) feet to a point in the East line of South Market Street aforesaid, the Place of BEGINNING. Improved with a 1 1/2 story frame dwelling house. PROPERTY ADDRESS: 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 PARCEL # 17-24-0787-220 File #: 279348 VERIFICATION DmMefte Lowe , hereby states that he/she is "A,(,orized office 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: Ut 0 6 2011 GMAC MORTGAGE, LLC File #: 279348 Name: GARDNER File #: 279348 i nte: Authorized Ut icer 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. MICHAEL GARDNER r ILED-OFFICE 0F T 1E PRO THON0Attorney for Plaintiff 2 119;: C -9 A111 10: 22 'IR"IBERLAND COUNT`! I?EN'+ CYL'A NIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7980 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 MICHAEL GARDNER, 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 $106,114.75 TOTAL $106,114.75 I hereby certify that (1) the Defendant's last known address is 705 SOUTH MARKET notice been given in STREET, MECHANICSBURG, PA 17055-6413, and (2) t?KA accordance with Rule Pa.R.C.P 237.1. / Date DAMAGES ARE HEREBY DATE: PHS # 279348 kQlW. Cusick, Esquire O Attorney for Plaintiff i Q Ck-?s3 ASSESSED AS INDICATE Q V oh CQ Mal1 e? PROTHONOTARY 279348 _ - t Qco* PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 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. MICHAEL GARDNER : CIVIL DIVISION : No. 11-7980 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL GARDNER is over 18 years of age and resides at 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ?A,,'kw_ Robe . Cusick, Esquire Attorney for Plaintiff 279348 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. MICHAEL GARDNER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-7980 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 0 -1 Ili - 2& AOXP By: w 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 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" R t.. ?? t S ? '3uNk GMAC MORTGAGE, LLC V. MICHAEL GARDNER Plaintiff Defendant(s) TO: MICHAEL GARDNER 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 DATE OF NOTICE: November 22.2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7980 CIVIL 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 Courthouse CUMBERLAND COUNTY BAR ASSOCIATION PHS # 279348 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Robert . Cusick, Esquire Attorney for Plaintiff Phelan Hailinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS R 279348 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-7980 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From MICHAEL GARDNER (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 properly 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$106,114.75 L.L.$.50 Interest FROM 12/10/2011 TO DATE OF SALE ($17.44 PER DIEM) - $3,139.20 Atty's Comm % Atty Paid $177.50 Plaintiff Paid Date: 3/1/2012 (Seal) REQUESTING PARTY Due Prothy $2.25 Other Costs lwvlr•'Ll. 114za David D. Buell, Prothonotary Deputy Name MELISSA J. CANTWELL, ESQ. Address: PHEL,AN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V MICHAEL GARDNER Defendant(s) NO.: 11-7980 CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/10/2011 to Date of Sale ($1 "7.44 per diem) TOTAL tTi 3 rtj $106,114.75 ' --urn cnr s $3 ,139.20 r --4 c) = -TI $109,253.95 w Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff O b 4711 Note: Please attach description of property. PHS # 279348 DU < < ?? s 3 ?. O b r /?. Sv aA 5 1 7-7 .510 P4 a' l five- 66 g o??G L ?* 1 ?sI R731lt bagad ?,? o'E'117 8(0 (mil Q w c.7 o o 000 a ?w o o Oa U H' ?6 U p C?7 t? t d o O nn ? ? f ° ?" a a> 13 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 Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V MICHAEL GARDNER Defendant(s) NO.: 11-7980 CIVIL : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) 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 unsworn falsification to authorities. B ?-- . hHallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff -uz MOD N ? ?. 2? - Wr 1 :7 tr <C? C` C-D " P') ?ZJ GMAC MORTGAGE, LLC Plaintiff V. . MICHAEL GARDNER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-•7980 CIVIL CUMBERLAND COUNTY PHS # 279348 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 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413. 1 2 3 Name and address of Owner(s) or reputed Owner(s): Name MICHAEL GARDNER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably s r". ' ascertained, please so indicate) 705 SOUTH MARKET STREET Z Z -0 r 70 MECHANICSBURG, PA 17055-6413 --+C) -'r -7n Address (if address cannot be reasonably G 5.5 ascertained, please so indicate) _.r rv 4 5 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. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL MORTGAGE COMPANY, 1111 NORTHPOINT DRIVE INC. BUILDING 4, SUITE 100 COPPELI., TX 75109 CITIFINANCIAL MORTGAGE COMPANY, 2860 EXCHANGE BOULEVARD #100 INC. SOUTHLAKE, TX 76092 C/O ORION FINANCIAL GROUP, INC. ATTN: S.A. WILEMAN 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 None. J Address (if address cannot be reasonably ascertained, please indicate) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 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: `f ?°? By:_, ??--% Phelan Hallinan & Schnueg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. MICHAEL GARDNER : NO.: 11-7980 CIVIL Defendant(s) CUMBERLAND COUL',RY c 3. rtj rnCQ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY =m 7- TO: MICHAEL GARDNER c a ; 705 SOUTH MARKET STREET v C-= z MECHANICSBURG, PA 17055-6413 c c? °1 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFOIC4AI%N 09TAINED 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 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 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 $106,114.75 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 Sheriffs 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Second Ward of the Borough of Mechanicsburg, in the County of Cumberland and Cornmonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of South Market Street, said point being two hundred seventy-three (273) feet in a northerly direction from the northwest corner of property now or late of Paul L. Heiges and Geraldine Heiges, his wife; thence northwardly along the East line of South Market Street, fifty-seven (57) feet to a point; thence eastwardly along the line of land now or late of Boyd M. Fortney and Marian J. Fortney, his wife, one hundred seventy-seven and four-tenths (177.4) feet to a point in the center line of a 20 foot alley; thence souhwardly along the center line of said alley, forty-two and five-tenths (42.5) feet to a point; thence westwardly along the line of land now or late of Ralph R. Eckert and Mary E. Eckert, his wife, one hundred seventy-seven and four-tenths (177.4) feet to a point in the East line of South Market Street aforesaid, the Place of BEGINNING. Improved with a 1 1/2 story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Michael Gardner, single person, by Deed from Kristen M. Borgersen, single person, dated 09/22/2004, recorded 09/24/2004 in Book 265, Page 1909. PREMISES BEING: 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 PARCEL NO. 17-24-0787-220 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7980 CIVIL GMAC MORTGAGE, LLC vs. MICHAEL GARDNER owner(s) of property situate in the 2ND WARD OF THE BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being (Municipality) 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 Parcel No. 17-24-0787-220 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $106,114.75 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND CO>EjNIrI ]e= GMAC MORTGAGE, LLC pHS # 279348 v T H O O $ AIIE DEFENDANT SERVICE TE APR 10 AM 10* u 2 MICHAEL GARDNER COURT NO.: If-7980 CIVIL SERVE MICHAEL GARDNER AT: TYPE OF ACT>0? BERLAND COUNTY 705 SOUTH MARKET STREET XX Notice of Sheriff'§ NSYLVA" A MECHANICSBURG, PA 17055-6413 SALE DATE: June 6, 2012 SERVED Served and made known to MICHAEL GARDNER, Defendant on the tq''day of G (4 120 N-, at Sb , o'clock P. M., at 70 S cY. MUV-ET ?'?Agkj , in the manner described below: ?Defendant personally served. M Gc0*N1CS Pao, P#-, Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: DescriLtion: Age -=p6 Height 5'q ' Weight 196 Race UJ Sex M Other I, K0A/4-L p A& ( ., 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 thgkenalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. i DATE: -3 NAME: PRINTED NAME: pJ?O n U N D LL TITLE: CLBS c NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 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. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 PHELAN HALLINAN & SCHMIEG, LLV, e??tomey for Plaintiff Christy Donati, Esq., Id. No.O UtJd..+r+ i 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza: .y .` E__'a??a Vii] 17. Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. MICHAEL GARDNER Defendant(s) CIVIL DIVISION No.: 11-7980 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". \ r Christy Do 'Esquire 1• Attorney for Plaintiff Date: <?-- IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 279348 GMAC MORTGAGE, LLC Plaintiff V. MICHAEL GARDNER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7980 CIVIL CUMBERLAND COUNTY PHS # 279348 AMENDED 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 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL GARDNER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 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) CITIFINANCIAL MORTGAGE COMPANY, 1111 NORTHPOINT DRIVE INC. BUILDING 4, SUITE 100 COPPELL, TX 75109 ORION FINANCIAL GROUP, INC. C/O S.A. 2860 EXCHANGE BOULEVARD #100 WILEMAN SOUTHLAKE, TX 76092 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) Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Borough of Mechanicsburg C/O David J. Spotts 36 W ALLEN STREET ESQ. MECHANICSBURG, PA 17055 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 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: ,Z By: ?-?) Phelan Halli & Schmieg, LLP Christy Donati, Esq., Id. No.306628 Attorney for Plaintiff fic?v+ u C ° ° 0.2 CL $ T u C p p a s p O C b V 5 4' q X ? E A u .p F . ? 94 V nE?w o ?> yy ol as 5-A J O N 8A Q 0 ° 0 fi W N ? o'E v ' N 00 ° C N'rn ON O r N N cn N y L ? Gs7 Q 'fl Q y y ? w w ti ? ? o y b ? L? -.G1A 0. a W p cd m a b ? €8 .o ?3 cd u t- (? n° d Ov w .- Cn c?' i y N O ? W? V W a 5wU ?b 6J o° oaz Q x 4 c 93. ?, ?' N ? ca y R b r ? CI m °a a Z ?]G t M r°Z Q 4 t ,n * * O >' P c d 0' i aCi E 45 z .a z¢0 ? ~ N °a O oq N ?Cj o C caWU C a ?O O t C N b ca fl W z¢o 4 ? - O J X d -" a ry c m c ? 3 E o °-' c _? a ? m -- ~ T m p O u ?? T.G ` u G O - o E c ? v 3 `c r ? F N v y a? EI E a X G X c cu E v u ? X O C U a F v w`o =' rl O a O ? Oi ? a rv ._ ? a o. w o ry ?oo v 0 C o T u o c E E ? °- _ m vc_ U j t - N L a?cr F. v.F a a _ . L z 7a Z U w Q 064u F O en q A W z o c ? c) U Urs: ?+ w??y WA N ? w 1 O W ? r 3 E'o ? V H ?(7r ? N ?? E r (/J a ya C/] w w .`C V] oo W o? __.___.. y v? Q ??a O OA ~0 Fy[Wy° r 0U0 o ?y ?? z ? WH F"O>o fly O ?x.,(s, ~ N z W -' C) W i z E-?0z 04 ?z x W O 0 o >Qa d w a a, U 0?? 0, ?C " 7E C z W aA '- . ? Z? W tt7?i , n .V ?,AE W?- ?? w F ? b •r ox Hz 4E-4u ?-3 ZZUt Q0*v 3WN;D z i P4V ?4 r ta S Q ? vw Qo o ZOx P4 ???Aa ?pXx W14 Ix14 , 0n ? w z? ' o z V E z?'v ? ? ? ay 0. ?? r of ?? o A4 WWrr? E" AQW3o A ? E? Z' + z y Wp? ?i OO CG U ooJ U U N O?Md A U e-y u OWO U Q CL oE* rzy v?rn oo Cri N C4 ?y ^ - ? N ?C G ,k * X # ? is is i ? i s N 4: * c a 3 y D a F -' ? J SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 'O"J" pt'Clully"I,f4 'Lo O"ICE £ THE » ErIFF Jody S Smith Chief Deputy Richard W Stewart Solicitor GMAC Mortgage, LLC vs. Michael Gardner , 7 .lI"' 13 NMI f+. ry 7 t EINNSYLV N' " Case Number 2011-7980 SHERIFF'S RETURN OF SERVICE 03/21/2012 03:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 705 South Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 03/21/2012 03:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael Gardner at 705 South Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 05/29/2012 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 06/15/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $663.94 SO ANSWERS, June 15, 2012 RON R ANDERSON, SHERIFF as - ,pd . ,;U LL pd 4 -# 5:773s-V (C) GountySuite Shenff. Ieleosaft. [n c GMAC MORTGAGE, LLC Plaintiff V. MICHAEL GARDNER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7980 CIVIL CUMBERLAND COUNTY PHS # 279348 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 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3 4. 5. MICHAEL GARDNER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL MORTGAGE COMPANY, 1111 NORTHPOINT DRIVE INC. BUILDING 4, SUITE 100 COPPELL, TX 75109 CITIFINANCIAL MORTGAGE COMPANY, 2860 EXCHANGE BOULEVARD #100 INC. SOUTHLAKE, TX 76092 C/O ORION FINANCIAL GROUP, INC. ATTN: S.A. WILEMAN 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 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 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 unworn falsification to authorities. Date: By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff .- GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-7980 CIVIL MICHAEL GARDNER Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL GARDNER 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 "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 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 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 $106,114.75 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Second Ward of the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of South Market Street, said point being two hundred seventy-three (273) feet in a northerly direction from the northwest corner of property now or late of Paul L. Heiges and Geraldine Heiges, his wife; thence northwardly along the East line of South Market Street, fifty-seven (57) feet to a point; thence eastwardly along the line of land now or late of Boyd M. Fortney and Marian J. Fortney, his wife, one hundred seventy-seven and four-tenths (177.4) feet to a point in the center line of a 20 foot alley; thence southwardly along the center line of said alley, forty-two and five-tenths (42.5) feet to a point; thence westwardly along the line of land now or late of Ralph R. Eckert and Mary E. Eckert, his wife, one hundred seventy-seven and four-tenths (177.4) feet to a point in the East line of South Market Street aforesaid, the Place of BEGINNING. Improved with a 1 1/2 story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Michael Gardner, single person, by Deed from Kristen M. Borgersen, single person, dated 09/22/2004, recorded 09/24/2004 in Book 265, Page 1909. PREMISES BEING: 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 PARCEL NO. 17-24-0787-220 0 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7980 CIVIL GMAC MORTGAGE, LLC vs. MICHAEL GARDNER owner(s) of property situate in the 2ND WARD OF THE BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being (Municipality) 705 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6413 Parcel No. 17-24-0787-220 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $106,114.75 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-7980 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From MICHAEL GARDNER (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$106,114.75 L.L.$.50 Interest FROM 12/10/2011 TO DATE OF SALE ($17.44 PER DIEM) - $3,139.20 Atty's Comm % Atty Paid $177.50 Plaintiff Paid Date: 3/1/2012 (Seal) Due Prothy $2.25 Other Costs David D. Buell, Prothonotary W-Z&?Deputy REQUESTING PARTY: Name MELISSA J. CANTWELL, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308912 TRUE C(WY FROM 1?CORC in Tee wwwl-s mf lhwewftMl"?hWd tti On March 12, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, known and numbered 705 South Market Street, Mechanicsburg, PA 17055-6413 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 12, 2012 For Claudia Brewbaker, Real Estate Coordinator a BR mom * ausm CUMBERLAND LAW JOURNAL Writ No. 2011-7980 Civil Term GMAC Mortgage, LLC VS. Michael Gardner Atty.: Melissa J. Cantwell By virtue of a Writ of Execution NO. 11-7980 CIVIL, GMAC MORT- GAGE, LLC vs. MICHAEL GARDNER, owner(s) of property situate in the 2 WARD OF THE BOROUGH OF MECIIANICSBURG, Cumberland County, Pennsylvania, being 705 SOUTH MARKET STREET, MECHAN- ICSBURG PA 17055-6413. Parcel No. 17-24-0787-220. Improvements thereon: RESI- DENTIAL DWELLING JUDGMENT AMOUNT: $106,114.75. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 57 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: April 27, May 4, and May 11, 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. r L sa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day of May, 2012 d . ( - - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28.2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE Pf; 17013 the Patr1*otavXtws Now you know 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 n their reguiar 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: 04/27/12 05/04/12 ' 05/11/12 2011-7980 Civil Term . GMAC Mortgage, LLC VS Michael Gardner . _" - Atty: Melissa J. Cantwell ByvirtueofaWritOfExecutionNO,II - Sworn to and subscribed,bef4e me this 22-day of May, 2012 A.D 7980 CIVIL GMAC MORTGAGE, LLC vs. MICHAEL GARDNER owner(s) of property situate in the 2 WARD OF THE BOROUGH OF Notary Public MECIIANICSBURG, Cumberland County, Pennsylvania, being (Municipality) 705 SOUTH MARKET STREET, HANICSBURG PA 17055-6413 COMMONWEALTH OF PENNSYLVANIA , l No. 17-24-0787-220 I Notarial Seal age or street address) I Sht?rsic;. L. Owens, N6Ca Public vementsthereon: RESIDENTIAL Lower PA.rtnn I Wp., 001uphIn County LLING JUDGMENT AMOUNT: My Cornmis4iorl Ex?lrasfVffv, 14 2UdS (!pA 5 A ?t h" $1(X,114.75 Y N1 MEMBER, PFNN A S i ,N r N AKIES Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 OnerPevn Canter Plaza Philadelphia, PA 19103 Attorney For Plaintiff GMAC MORTGAGE, LLC Plaintiff vs MICHAEL GARDNER Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 11-7980 CIVIL 7 ter;- ?. PRAECIPE 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: __4 /I ?--PHELATjTLLINAN & SCHMIEG, LLP (( By: PHELA ALLINAN & SCHMIEG, LLP Attorns r Plaintiff Printed e: Dana Ostrovsky Esq. Bar Id. No. 83921 be 9' S? a? ?? x74490 PHELAN HALLINAN & SCHMIEG, LLP Opener Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs MICHAEL GARDNER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-7980 CIVIL 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: MICHAEL GARDNER 705 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6413 Date: l?? 7 -411 LLINAN & SCHMIEG, LLP By HALLINAN & SCHMIEG, LLP Atto s for Plaintiff Printed Name: Dana Ostrovsky Esq. Bar Id. No. 83921 Attorney for Plaintiff