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HomeMy WebLinkAbout11-8345I i i.5lf B ?U?{{ EF a i > -4 Ai, (C, }6 i , YLVAN 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 V. Plaintiff SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Defendant File #: 276668 276668 COURT OF COMMON PLEAS CIVIL DIVISION NO. eWL( TERM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Z Gtrn1- oo 2? abd Rc? 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 #: 276668 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/25/2009 SUSAN P. CARR-HUDGINS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200909808. By Assignment of Mortgage recorded 11 /30/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201034885. 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 #: 276668 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 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 07/09/2011: Principal Balance $190,287.46 Interest $3,964.30 03/01/2011 to 07/09/2011 Late Charges $174.63 Property Inspections $22.50 Escrow Deficit 917.39 TOTAL $195,366.28 7 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. File #: 276668 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $195,366.28, 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. Attorney for Plaintiff Melissa J. Cantwell, Esq. ID 308912 File #: 276668 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty (160) feet to a point; thence South sixty-nine (69) degrees forty-five (45) minutes West, by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty (180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty (140) feet to a point; thence by same, by an arc or curve to the right with a radius of twenty (20) feet, a distance of thirty-one and of forty-two hundredths (31.42) feet to a point on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine (69) degrees forty-five (45) minutes East one hundred sixty (160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as 'Orchard Terrace', which plan is of record in the Cumberland county Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred (100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundredth sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. File #: 276668 SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. BEING the ame premises which Robert D. Nailor, Marjoria M. Nailor, Harry R. Mohler, Jr. and Karen Mohler by deed dated April 22, 1961 and recorded in the Recorder of Deeds Office in and for Cumberland County on April 24, 1961 in Deed Book 20-E, Page 195 granted and conveyed unto James H. Thoma and Eva F. Thoma. The said James H. Thomas having passed away on May 21, 2008 thereby vesting sole title to Eva F. Thoma by operation of law. PROPERTY ADDRESS: 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 PARCEL # 42-30-2114-024 File #: 276668 VERIFICATION Peter NOCero, hereby states that he/she is Authorized Officer 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: o? File #: 276668 Name: CARR-HUDGINS J& - &W Name: Peter Nocero Title: Authorized Officer GMAC MORTGAGE, LLC File #: 276668 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor w0 v 01 CW11b",1;r FILED-OFFICE `F THE PROTHONOTARY 2011 NOY 15 AN 8: 4 9 CUMBERLAND COUNI-y PENNSYLVANIA GMAC Mortgage, LLC Case Number vs. 2011-8345 Susan P. Carr-Hudgins SHERIFF'S RETURN OF SERVICE 11/08/2011 08:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2011 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan P. Carr-Hudgins, by making known unto herself personally, at 10 Hillcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 November 14, 2011 TIM C , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 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 CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS , SUSAN P. CARR-HUDGINS CIVIL DIVISION ma , rn ?. No. 11-8345-CIVIL ? oc) PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO C) ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SUSAN P. CARR- HUDGINS, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $195,366.28 $195,366.28 I hereby certify that (1) the Defendant's last known address is 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525, and (2) that notice has bee ordance with Rule Pa.R.C.P 237.1. Date ?v Robert W. Cusick, Esquire Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l / /oZ PHS # 276668 PROTHONOTARY 1(. so Pb ATtY e-? 11?83q`! p*, t69C O lice auid 276668 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. SUSAN P. CARR-HUDGINS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-8345-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 SUSAN P. CARR-HUDGINS is over 18 years of age and resides at 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525. This statement is made subject to the penaltie Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date r l ,7i RobeWW. Cusick, Esquire Attorney for Plaintiff 276668 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-8345-CIVIL SUSAN P. CARR-HUDGINS CUMBERLAND COUNTY Defendant(s) TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 DATE OF NOTICE: December 6, 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 # 276668 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: -.Robert.W. Cusick, Esquire Phelan Hallinan & Schmieg, LLP 1617 3FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 276668 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. SUSAN P. CARR-HUDGINS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No 11-8345-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on h qLa- 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 ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8345 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC. Plaintiff (s) From SUSAN P. CARR-HUDGINS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $195,366.28 L. L.: $.50 Interest from 01/20/2012 to Date of Sale ($32 .12 per diem) --- $4,464.68 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $177.50 Other Costs: Plaintiff Paid: Date: 2/16/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest. from 01/20/2012 to Date of Sale ($32.12 per diem) TOTAL $195,366.28 „II $4,464.68 r" r m W .<> - Cn O , r--.'L - G ? -n Q 73 Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 276668 ` A8.5 ° f2d A7'IS 39-00 C BF q a. oo it / 6 . S0 't 50 it ?. 5o pd A 2.2 S Dc'& Co. .577 L L C#- 11w&011t5-6627 Q-A .21 Il 3 9F Wrl*& off' x ??sv? Ln C3 Q 3 da U O? a? a? ?H w? o? U W O W ?, wo 0 Nw ? W ° a ? a PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. SUSAN P. CARR-HUDGINS Defendant(s) NO.: 11-8345-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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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. Allis 'F. Wells, q , Id. Nb.309519 Attozfor Plaintiff C -? s+t ss mac C XCD ., t -t C- ?trcn)1' an & chmieg, LLP ' o GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff . I CIVIL DIVISION V NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY PUS # 276668 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 10 HILLCREST DRIVE, , MECHANICSBURG, PA 17055-5525. c? C 1. Name and address of Owner(s) or reputed Owner(s): x w -n ?ss r Name Address (if address cannot be reasonably ascertained, please so indicate) tnw -" er% 70 C) 7 SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE A cZj-?r? MECHANICSBURG, PA 17055-5525 z_p _ cs C N amand dd ss ofDefndant(s) in the 'ud Alit: e a re gm Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET SOUTHWEST WASHINGTON, DC 20410 SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O FIRST AMERICAN TITLE COMPANY SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O JAYLYNN KNEBEL P.O. BOX 27670 SANTA ANA, CA 92799 ATTN: LOSS MITIGATION TITLE SERVICE 3451 HAMMOND AVENUE WATERLOO, IA 50702 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 UPPER ALLEN TOWNSHIP C/O J. STEPHEN FEINOUR, ESQUIRE ' TOWNSHIP SOLICITOR UPPER ALLEN TOWNSHIP C/O J. STEPHEN FEINOUR, ESQUIRE TOWNSHIP SOLICITOR UPPER ALLEN TOWNSHIP C/O LOUIS FAZEKAS, TOWNSHIP MANAGER 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 NAUMAN, SMITH, SHISSLER & HALL, L.L.P. 200 N 3RD ST PO BOX 840 HARRISBURG, PA 17108-0840 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: ?y? / TL _. ?FWells, - r ?h L AllisoEsq., Id. No.309519 Attorney for Plaintiff GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.:11-8345-CIVIL SUSAN P. CARR-HUDGINS c-" Defendant(s) CUMBERLANMO 1TY4 W NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN P. CARR-HUDGINS xc?i` c? 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525-d "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 is scheduled to be sold at the Sheriffs 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 $1.95,366.28 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 arnount 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. 11-8345-CIVIL GMAC MORTGAGE, LLC VS. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT:' AMOUNT: $195,366.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, P.A 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty (160) feet to a point; thence South sixty-nine (69) degrees forty-five (45) minutes West, by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty (180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty (140) feet to a point; thence by same, by an arc or curve to the right with a radius of twenty (20), a distance of thirty-one and of forty-two hundredths (31.42) feet to a point on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine (69) degrees forty-five (45) minutes East one hundred sixty (160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as 'Orchard Terrace', which plan is of record in the Cumberland County Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred (100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundred sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. TITLE TO SAID PREMISES VESTED IN Susan P. Carr-Hudgins, a married individual, by Deed from Eva F. Thoma, widow, dated 12/12/2008, recorded 12/16/2008 in Instrument Number 200839842. PREMISES BEING: 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 PARCEL NO. 42-30-2114-024 PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT SUSAN P. CARR-HUDGINS SERVE SUSAN P. CARR-HUDGINS AT: 10 HILLCREST DRIVE MECHANIC'SBURG, PA 17055-5525 T'. TYPE OF ACTION _ ?,f YL?AN A XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED Served and made known to SUSAN P. CARR-HUDGINS, Defendant on theg.3?day of PfAAV*- , 20 1?- at 5- +:?_, o'clock _e. M., at 10 [ 11-C.CA-P_ST DQt t1 e- , in the manner described below: ? Defendant personally served. A 4 Er-t*N W-S BO t ? 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. 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 W Height 'a Weight 1357 Race W Sex F ther I, &IA-.-A MO ,O L-L , 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 aamenalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?'? j? NAME: _ LG PRINTED NAME: 0 o 6 t.(. TITLE: Vacant _ Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at _at Service Refused NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Other: 1 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. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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. Hiakos, 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 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY° _ PHS#276668 iO'N0 A1' SERVICE TEAM/ lxh ?Uj I MAP -? P g' 59 COURT NO.: I1-8345-CIV L 2 API ` -2 Pi N 2• 1?Mk;iER'l_Allkk) LO 1 p r' CNNSYf V[ktflj.k, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN P. CARR-HUDGINS No.: 11-8345-CIVIL Defendant RULE AND NOW, this U4 day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. «a ? vii I d ti 4&A"@ Role Abselu4e and-ne h .:] 1 b ,.1'„`1..1 ,7 ata ?ui.? +hi .-,. e- BY THt A OURT Com "Vn"' Pleas judge 276668 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 7 C cv?, es ma' l err ill a// -x ,2111 276668 276668 12 APR -9 AM 1C: 4 € 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. SUSAN P. CARR-HUDGINS Defendant CUMBERLAND County No.: 11-8345-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 DATE: By: helan llinan & S eg, LLP Melissa J. Cantwell, Esquire Attorney for Plaintiff 276668 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff Civil Division vs. SUSAN P. CARR-HUDGINS Defendant Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered ORDER AND NOW, this:&day of '2 c 0 12, upon consideration of Plaintiff's upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $26.00 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to June 6, 2012 Escrow to be paid prior to June 6, 2012 Escrow Deficit Court of Common Pleas CUMBERLAND County No.: 11-8345-CIVIL $190,287.46 $12,685.76 $407.47 $1,300.00 $606.00 $45.00 $929.23 $231.99 $606.80 $3,667.09 TOTAL $210,766.80 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ,iNfl00 a?iV-1? CSI L15 ;k y !101 0 & s ' 0 L Al J 115 1QP I e6 wt,cti.?I-ec( I/ /' De //a 'IeCn- BY TIOEACOURT: Thoma A. ?Placey Common leas Judge 276668 6, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 Anastasia Graham Legal Assistant NE r`ROTNON An', 2012 MAY 14 AM 9: Sal CUMBERLAND COUNTY PENNSYLVANIA Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary No.: 11-8345-CIVIL Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: GMAC MORTGAGE, LLC VS. SUSAN P. CARR-HUDGINS No.: 11-8345-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** 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. Very truly yours, By: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant PHS 4 276668 PHELAN HALLMAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, V. SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-8345-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 attach Exhibit "A". a w Pfushwood, Esquire Atto 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. 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CA iv?n ft w 0, 0 .1 tzo -0 c.c ?? ? ? z by w?y';d y rA? ?? tr1'?d Hy 47tr1 t?iy'd Hyy ?tji ?iq0 Hy ? ? H zH •• Y?p? t" ?y ??++ p q?C[? t?JH ? Cro ?? ?- ? c c s p ? r cv s ',c,,? yo . Z ??r ??r n?,r ??r ww i a n n b H k o w b ? ?Hn y n b O H'; H , , ? o ', ?7 o C H'sJ v a v ego °+ C d , A Ybd. 0 ?0 /? ?4?O ) ? 00 ?G?O OY:r? -?CO '-N ? ° ° cn? oo v ? ? v b ' b a N p o?ov? Yv? Y v? ?yrn rA F`3.? vim' ?? c o o z ? ? b <; ?b s ?j d C1 y uwi i n ?d vNi d A G? ! G? '? ? G? ' 3 ? ? y p N ; ,ad rn; y R°O O O C ? y CH" d y d r otv N y `'o r VJ ? ? ? ? ? ? A? M A - C• ? ? ? d n d d ` ? a, a ;•d z N Z Oil t? ? ? Cri ?' a ti' % t-I t14 t" til ov IV ? k eo p "' w CrJ l=J z H z H z H 0 8 o ? M m x rn rr A • ? o "' r o n r o. s q It 1F.?yy C C b C h! O O u M? a ?, a, CsS7J C[?177 4Nwi IQ t9 ?? u 00 00 Z . a $ o..,o o OR rA W G?' y Nn?a- b b b ? n ? n v. o a o n o Q ? ? r ?g??a ? ?- H ??NB ° n n H ? ? a 3 b . , F ° ? 6 q q 5-5 0 n ? E3 _ Ir` F y? ...7 xr .xx H m n o 5 ? m d ? - o ? o ? 0>z M a W cp R-g c? ? c? Q• W :; a r'O? coo co i CD 0 w d C > CD ON Q.n?s' a m ? 8 c? an -P?r CD r, o ti PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defenclant(s) CUMBERLAND COUNTY PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated 04/30/2012 in favor of the Plaintiff and against SUSAN P.CARR-HUDGINS,defendant. As Set Forth in the Order $210,766.80 h nanAp lis uc an,Esq.,Id.No.309519 A mey Plaintiff -OZ PHS# 276668 CD r 35 6 ATI-'f 13011 W etc�69583 IN THE COURT OF COMMON PLEAS 6) CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SUSAN P. CARR-HUDGINS No.* 11-8345-CIVIL Defendant ORDER AND NOW,this L-U""day of 2012,upon consideration of Plaintiffs Motion to Make Rule Absolute,it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nuns pro tune as follows: Principal Balance $190,287.46 Interest Through June 6,2012 $12,685.76 Per Diem$26.00 Late Charges $407.47 Legal fees $1,300.00 Cost of Suit and Title $606.00 Property Inspections $45.00 Mortgage Insurance Premium/Private Mortgage Insurance $929.23 Mortgage Insurance Premium to be paid prior to June 6, $231.99 2012 Escrow to be paid prior to Jun6 6,2012 $606.80 Escrow Deficit $3,667.09 TOTAL $210,766.80 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. V I N VAI A i#3#i ci BY'Tl OURT: W d 0 Thoma A. Macey 1/ .,vi 0 t4 0�4' c-b- Common leas Judge v?n P&"r-bt,ry 276668 COP�e6 M-4. Iled IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SUSAN P.CARR BK.No.1:12-03398 MDF A/K/A SUSAN P.CARR-HUGGINS Chapter No.13 Debtor GMAC MORTGAGE,LLC Movant V. 11 U.S.C.§362 SUSAN P.CARR-HUDGINS A/K/A SUSAN P.CARR-HUGGINS A/K/A SUSAN P.CARR Respondent ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055. Upon consideration of Motion of GMAC MORTGAGE,LLC(Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Relief from the Automatic stay of all proceedings, as provided under I I U.S.C. §362 is granted with respect to, 10 FULLCREST DRIVE, MECHANICSBURG, PA 17055 (hereinafter the Premises)(as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises),as to allow Movant to proceed with its rights under the terms of said Mortgage;and it is further; ORDERED that Rule 4001(a)(3) is not applicable and GMAC MORTGAGE, LLC may immediately enforce and implement this Order granting Relief from the Automatic Stay. B y the.Court, Chief Bankruptcy judge Dated: February 28, 2013 Case 1:12-bk-03398-MDF Doc 44 Filed 02/28/13 Entered 02128113 14:39:46 Desc Main Document Page 1 of 1 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $21.0,766.80 j �: rs Interest from 06/07/2012 to Date of Sale $]5,765.75 _01, ($34.65 per diem) M -d TOTAL $226,532.55 y. din P an an, , P ison F.Zuckerman,Esq.,Id.No.30951.9 Attorney for Plaintiff Note: Please attach description of property. PHS#276668 $c�S.so �p 3$.Do CLF '763.5 4 " qa 00 16, 50 .f a8. 5o 1 . 50 9a3.5V- Po ATIY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE,LLC Plaintiff V. SUSAN P. CARR-HUDGINS Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: (0) Address where papers may be served: SUSAN P.CARR-HUDGINS Phela i n,L 10 HILLCREST DRIVE Allison .Zucker Esq.,Id. No.309519 MECHANICSBURG,PA 17055-5525 Attorney fo tiff i PHELAN HALLINAN, LLP. C Attorneys for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 _ 'r- 1t lit 1617 JFK Boulevard, Suite 1400 1 OTHNOTAM One Penn Center Plaza Philadelphia, PA 19103 . 215-563-7000 %MB RLAND CO TY GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) . 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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 Phelan , Allison F.Zucker an,Esq.,Id.No.309519 Attorney for Plaintiff tv GMAC MORTGAGE,LLC FILED-OFFICE COURT OF COMMON PLEAS Plaintiff OF THE PROTHONOTARY CIVIL DIVISION V. 2013-APR 24 AM 11: 39 NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS C1111BERLANO COUNTY Defendant(s) PENNSYLVA141-A CUMBERLAND COUNTY PHS#276668 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 10 HILLCREST DRIVE, MECHANICSBURG,PA 17055-5525. I Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SUSAN P.CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SUSAN P.CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET SOUTHWEST DEVELOPMENT WASHINGTON,DC 20410 SECRETARY OF HOUSING AND URBAN ATTN:LOSS MITIGATION TITLE SERVICE DEVELOPMENT P.O.BOX 27670 C/O FIRST AMERICAN TITLE COMPANY SANTA ANA,CA 92799 SECRETARY OF HOUSING AND URBAN 3451 HAMMOND AVENUE DEVELOPMENT WATERLOO,IA 50702 CIO JAYLYNN KNEBEL +ey 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O J.STEPHEN FEINOUR, MECHANICSBURG,PA 17055 TOWNSHIP SOLICITOR UPPER ALLEN TOWNSHIP, 100 GETTYSBURG PIKE C/O LOUIS FAZEKAS, MECHANICSBURG,PA 17055 TOWNSHIP MANAGER UPPER ALLEN TOWNSHIP NAUMAN,SMITH,SHISSLER&HALL,L.L.P. C/O J.STEPHEN FEINOUR,ESQUIRE, 200 NORTH 3RD STREET P.U.BOX 840 TOWNSHIP SOLICITOR HARRISBURG,PA 17108-0840 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 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 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 PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: By Aison 6erma�n, sq.,Id.No.309519 Attorney for Plaintiff 4. FIED-Of Fl E' GMAC MORTGAGE,LLQJF THE PROTHONOTAR'; COURT OF COMMON PLEAS 2013 APR 24 M H: 39 Plaintiff CIVIL DIVISION CU ERLAND COUNT Y : NO.: 11-8345-CIVIL W-NNSYLVANIA SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055-5525 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$210,766.80 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 (1.0) 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 f LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17, land now or formerly of Heinz C. Mueller and wife; thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty(160) feet to a point; thence South sixty-nine(69) degrees forty-five (45)minutes West,by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty(180) feet to a point on the eastern line of Martin Road; thence by the eastern line of Martin Road in a northerly direction one hundred forty(140) feet to a point; thence by same, by an arc or curve to the right with a radius of twenty (20) feet, a distance of thirty-one and of forty-two hundredths (31.42) feet to a point on the southern line of Hillcrest Drive; thence by the southern line of Hillcrest Drive North sixty-nine(69) degrees forty-five(45) minutes East one hundred sixty(160) feet to a point, the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as 'Orchard Terrace', which plan is of record in the Cumberland county Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and 16 to be each one hundred(100) feet in width instead of the correct total distance of one hundred eighty (180) feet along the rear line and one hundredth sixty (160) feet plus an arc distance of thirty-one and forty-two hundredths (31.42) feet along Hillcrest Drive; the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT, Nevertheless, to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. TITLE TO SAID PREMISES IS VESTED IN Susan P. Carr-Hudgins, a married individual, by Deed from Eva F. Thoma, widow, dated 1.2/12/2008, recorded 1.2/1.6/2008 in Instrument Number 200839842. PREMISES BEING: 10 HII,LCREST DRIVE,MECHANICSBURG,PA 17055-5525 PARCEL NO. 42-30-2114-024 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8345-CIVIL GMAC MORTGAGE,LLC vs. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055-5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $210,766.80 Phelan Hallinan,LLP Attorney for Plaintiff 1.617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8345 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC, Plaintiff(s) From SUSAN P.CARR-HUDGINS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(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: 210,766.80 L.L.: Interest from 6/7/12 to Date of Sale($34.65 per diem) -- $15,765.75 Atty's Comm: Due Prothy: $2.25 Atty Paid: $923.54 Other Costs: Plaintiff Paid: Date: 4/24/13 David D.Buell,Prothon ary (Seal)' By: Deputy REQUESTING PARTY: Name: ALLISON F ZUCKERMAN,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.309519 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC5' PUS#276668 DEFENDANT SERVICE TEAM/lxh SUSAN P.CARR-HUDGINS COURT NO.:11-8345-CIVIL s� i SERVE SUSAN P.CARR-HUDGINS AT: TYPE OF ACTION 10 HILLCREST DRIVE XX Notice of Sherif'f's Sale PA 17055-5525 SALE DATE: September 4,2013 C (3 M R1�S�Ai b �g SERVED G ; Served and made known to SUSAN P.CARR-HUDGINS,Defendant on the day of Mj ,20 �3,at `� A,o'clock�X-sonally M.,at s� ', � in the manner described below: served. S Adult family mem r with whom Defendant(s)reside(s). Relationship is , - C wL-H U>GTk& _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 b S Height rL Weight ��S Race Sex Other I, Y-107 t/���0in 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 unworn falsification to authorities. DATE: NAME: PRINTED NAME: = fie L-Q;N TfME: =S Sip-tom. NOT SERVED On the day ,of ,20-_,at o'clock_M.,I, ,a competent adult hereby state that De endant ause: Vacant. _Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer,on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 ` = SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAndersun Shorif � �FTA_ P#OT�' �OT&Qv Jod«S Smith 4,0~ - ''- - ~^'` ' Chief Deputy 7013 SOP | � �� k)/ [� - .,. .~ . ^ Richard m/Stewart -~ -~ Solicitor OFFICE OF THEamER/Fp CUMBERLAND COUNTY V& Case Number Susan P. Carr-Hudgins 2011-8345 PENNSYLVANIA RETURN OF SERVICE 07/03/2013 O7:38PK8-Deputy William Cline, being duly sworn according bolaw, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 10 Hillcrest Drive, Upper Allen Township, Mechanicsburg, PA17055. Cumberland County. 07/03/2013 O7:38PK8'Deputy William Cline, being duly sworn according tolaw, served the requested Rao| Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing o true copy too person representing themselves hobo Arthur Hudgins, Husband, who accepted as"Adult Person in Charge"for Susan P. Carr-Hudgins at 10 Hillcrest Drive Upper Allen Township, Mechanicsburg, PA17O55. Cumberland County. ' 07/23/2013 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: $185.44 SO ANSWERS, September OG. 2O13 RONKT�—R ANDERSON, SHERIFF' (c)cou"we.ite Sheriff,roleoso*/p� r . GMAC MORTGAGE,GAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY PHS #276668 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 10 HILLCREST DRIVE, MECHANICSBURG,PA 17055-5525. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SUSAN P.CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SUSAN P.CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every Mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET SOUTHWEST DEVELOPMENT WASHINGTON,DC 20410 SECRETARY OF HOUSING AND URBAN ATTN:LOSS MITIGATION TITLE SERVICE DEVELOPMENT P.O.BOX 27670 C/O FIRST AMERICAN TITLE COMPANY SANTA ANA,CA 92799 SECRETARY OF HOUSING AND URBAN 3451 HAMMOND AVENUE DEVELOPMENT WATERLOO,IA 50702 60 JAYLYNN KNEBEL Z 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O J.STEPHEN FEINOUR, MECHANICSBURG,PA 17055 TOWNSHIP SOLICITOR UPPER ALLEN TOWNSHIP, 100 GETTYSBURG PIKE C/O LOUIS FAZEKAS, MECHANICSBURG,PA 17055 TOWNSHIP MANAGER UPPER ALLEN TOWNSHIP NAUMAN,SMITH,SHISSLER&HALL,L.L.P. C/O J.STEPHEN FEINOUR,ESQUIRE, 200 NORTH 3RD STREET P.O.BOX 840 TOWNSHIP SOLICITOR HARRISBURG,PA 17108-0840 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 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601. INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM. HARRISBURG,PA 17105 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 PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. r� Date: 666 ByAison ;uc ,LLB` erm an,Esq.,Id.No.309519 Attorney for Plaintiff I GMAC MORTGAGE;LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS . Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 10 HILLCREST,DRIVE%MECHANICSBURG,PA 17055-5525 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00,AM.in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$210,766.80 obtained by GMAC MORTGAGE,LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale incompliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF' A 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. i ~ ~ ' . - LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate io the Township oflJoncr Allen, C�000tvnf Con�be�and, Coozoznovveultb0fPo)unWvania. bounded and described 4mfnOOvva, ~ ndc BEGINNING utu point Oo the southern line ofHU/creV1 Drive oothe hereinafter mentioned Plan u[Lots a1 the Northwestern corner 0f Lot No. ]7, land now or formerly of Heinz [. Mueller and wife, thence by the dividing line between Lots No. 1.6 and 17 no Said Plan in u Southerly direction one hundred sixty(160) feet to upoin1; thence 3notb sixty-nine (6g\ degrees forty-five l2 and 16and 'et 'eouLo1oIuo. l3 and l5 one hundred eighty (l80) feet 1oa point Vothe eastern line of Martin Road; thence by the eastern line nf Martin Road io4 northerly direction one hundred forty /l4U\ feet toa point; vv thence by same, byan arc nr curve kz the right itba radius of twenty (20\'f�oLadistance of thirty-one andofforty-1vvnbnndredthG (3l.42) foetLoaPoiotoodbenonLb' line ofBiDormst | Drive; thence hy the southern DneofB{iDoruot Drive North sixty-nine(69\ degreesƒomLy-fivc(4�) minutes East one hundred sixty (100) feet to up0iot, the first mueudon `d point and place ot ` ' Beginning. BEING Lots No. 15 and |6mn the Plan of Lots known as 'Orchard 7uczaco', which plan i9of record in the Cumberland county Recorder's Office in Plan Book 8, Page 25. The said plan shows Lots No. 15 and l6hobe each one hundred (lO0)feet iu width instead nf the correct total distance of one hundred eighty(I80) feet along the rear line and one hundredth mixty(l0O) feet plus uo arc distance ofth�tvVo�uodf��v �Yvobuodr��dbu (�l42) i�c�olo ' ` �' --_-,- _--''- ` . ' ����}�ruo1Ddve; tbe above description is intended to correct the incorrect descript as set forth on said Plan, SUBJECT, yJevordhe|omo, to the restrictions and reservations recorded in the aforesaid Recorder's Ot600 with the aiozencmhnood plan of lots. TITLE TO SAID PREMISES IS VESTED IN Susan P. Carr-Hudgins, anuuzTiedindividual, by Deed from Eva r. Tnomoa. widow, dated l2/12J2UUU' recorded l2/ld/2000ioInstrument Number 200839842. PREMISES BEING: 10 HILLCREST DRIVE,MECHAN0CSBURG,PA 17055-5525 PARCEL NO. 42-30-2114-024 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8345-CIVIL GMAC MORTGAGE, LLC vs. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 10 HiLLCREST DRIVE MECHANICSBURG PA 17055-5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $210,766.80 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 1.91.03 215-563-7000 A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8345 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC, Plaintiff(s) From SUSAN P. CARR-HUDGINS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of 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: 210,766.80 L.L.: Interest from 6/7/12 to Date of Sale($34.65 per diem) -- $15,765.75 Atty's Comm: Due Prothy: $2.25 Atty Paid: $923.54 Other Costs: Plaintiff Paid: Date: 4/24/13 David D.Bue rothonota (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F ZUCKERMAN,ESQUIRE Address:PHELAN HALLINAN LLP 1.617 JFK BOULEVARD,SUITE 1400 TRUE COPY FROM RECORD ONE PENN CENTER PLAZA In Testimony whereof,1 here unto se my hand and the seal of said Co at csfv e'Pa. PHILADELPHIA,PA 19103 This da of 20 L Attorney for: PLAINTIFF �/ Prothor:.-- Telephone: 215-563-7000 Supreme Court ID No.309519 _ rl On April 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 10 Hillcrest Drive, Mechanicsburg, Exhibit "A" filed with this writ and by this Reference.incorporated herein. Date: April 26, 2013 By: Real Estate Coordinator ��� • . , : g.�� to-; ._ J P :0fV SZddV [101 Vd � r. .r.; The Patriot-News Co. 1900 Patriot Drive Zhe atr1*otwXews Mechanicsburg, PA 'f7050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 07/28/13 i 2011-8345 CM I Term i GMAC MORTGAGE,LLC VS. SUSAN P.CARR.HUDGINS Atty: Joseph Schalk By virtue of a Writ of Execution NO.I • • . . 11-8345-CIVIL GMAC MORTGAGE,LLC vs. 1 SUSAN P.CARR-HUDGINS Sworn to d subscrib fore m is day of August, 2013 A.D. owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN Cumberland County,Pennsylvania,being 10 unicipality) t ubllc HILLCRFST DRIVE, ry MECHANICSBURG,PA 17055-5525 Parcel No.42-30-2114-024 (Acreageor street address) i lmprovements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING Notarial Seal JUDGMENT AMOUNT$210,766.80 Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $210,766.80 Interest from 06/07/2012 to Date of Sale $25,225.20 ($34.65 per diem) TOTAL $235,992.00 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. ^, • PH#770500 Z� F471 r i Yo C-7 *° tor- W _d`s wag so a =c) MC r fig , oo C,r3F 53:g `�' `:. k6. sa.t. a� U. <. sott tt 2 d Q 1-1 sa.a S-bike a. L 14 1 747© a LJ((7LOcJTh / LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen,County of Cumberland, Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17,land now or formerly of Heinz C.Mueller and wife;thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty(160)feet to a point;thence South sixty-nine(69)degrees forty-five(45)minutes West,by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty(180)feet to a point on the eastern line of Martin Road;thence by the eastern line of Martin Road in a northerly direction one hundred forty(140)feet to a point;thence by same,by an arc or curve to the right with a radius of twenty(20)feet,a distance of thirty-one and of forty-two hundredths(31.42)feet to a point on the southern line of Hillcrest Drive;thence by the southern line of Hillcrest Drive North sixty-nine(69)degrees forty-five(45)minutes East one hundred sixty(160)feet to a point,the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as'Orchard Terrace',which plan is of record in the Cumberland county Recorder's Office in Plan Book 8,Page 25.The said plan shows Lots No. 15 and 16 to be each one hundred(100)feet in width instead of the correct total distance of one hundred eighty(180)feet along the rear line and one hundredth sixty(160)feet plus an arc distance of thirty-one and forty-two hundredths(31.42)feet along Hillcrest Drive;the above description is intended to correct the incorrect descript as set forth on said Plan. • SUBJECT,Nevertheless,to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. TITLE TO SAID PREMISES IS VESTED IN Susan P.Carr-Hudgins,a married individual,by Deed from Eva F.Thoma,widow,dated 12/12/2008,recorded 12/16/2008 in Instrument Number 200839842. PREMISES BEING: 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055-5525 PARCEL NO.42-30-2114-024 PHELAN HALLINAN, LLP `` 'MONO# Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 �'i O T A i; 1617 JFK Boulevard, Suite 1400 20J3 DEC 30 AM 9. 47 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) : 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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. By: ,fe;lid Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff GMAC MORTGAGE,LLC ` ` ' = COURT OF COMMON PLEAS I ,L r- i MONO Plaintiff 2213 DEC 30 AM 9: 48 • CIVIL DIVISION v. •• CUMBERLAND COUNTY NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS PENNSYLVANIA •• Defendant(s) •• • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 10 HILLCREST DRIVE, MECHANICSBURG,PA 17055-5525. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SUSAN P.CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET SOUTHWEST DEVELOPMENT WASHINGTON,DC 20410 SECRETARY OF HOUSING AND URBAN ATTN:LOSS MITIGATION TITLE SERVICE DEVELOPMENT, P.O.BOX 27670 C/O FIRST AMERICAN TITLE COMPANY SANTA ANA,CA 92799 SECRETARY OF HOUSING AND URBAN 3451 HAMMOND AVENUE DEVELOPMENT, WATERLOO,IA 50702 C/O JAYLYNN KNEBEL 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP, 100 GETTYSBURG PIKE C/O J.STEPHEN FEINOUR,ESQUIRE MECHANICSBURG,PA 17055 PH#770500 UPPER ALLEN TOWNSHIP, 100 GETTYSBURG PIKE • CIO LOUIS FAZEKAS MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP NAUMAN,SMITH,SHISSLER&HALL,L.L.P. C/O J.STEPHEN FEINOUR,ESQUIRE 200 NORTH 3RD STREET P.O.BOX 840 HARRISBURG,PA 17108-0840 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 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 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 PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: /LJL i/A7 By r -A•'0--`-- Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#770500 1iE PRO A GMAC MORTGAGE,LLC 213 DEC 30 AM 9: 48 : COURT OF COMMON PLEAS GJM BERLAND COUNT Plaintiff : CIVIL DIVISION PENNSYLVANIA • vs. : NO.: 11-8345-CIVIL SUSAN P. CARR-HUDGINS Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG,PA 17055-5525 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)at 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055-5525 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$210,766.80 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. 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. 11-8345-CIVIL GMAC MORTGAGE,LLC v. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County, Pennsylvania, being 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055-5525 Parcel No.42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $210,766.80 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen,County of Cumberland, Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the southern line of Hillcrest Drive on the hereinafter mentioned Plan of Lots at the Northwestern corner of Lot No. 17,land now or formerly of Heinz C.Mueller and wife;thence by the dividing line between Lots No. 16 and 17 on said Plan in a Southerly direction one hundred sixty(160)feet to a point;thence South sixty-nine(69)degrees forty-five(45)minutes West,by the dividing line between Lots No. 12 and 16 and between Lots No. 13 and 15 one hundred eighty(180)feet to a point on the eastern line of Martin Road;thence by the eastern line of Martin Road in a northerly direction one hundred forty(140)feet to a point;thence by same,by an arc or curve to the right with a radius of twenty(20)feet,a distance of thirty-one and of forty-two hundredths(31.42)feet to a point on the southern line of Hillcrest Drive;thence by the southern line of Hillcrest Drive North sixty-nine(69)degrees forty-five(45)minutes East one hundred sixty(160)feet to a point,the first mentioned point and place of Beginning. BEING Lots No. 15 and 16 on the Plan of Lots known as'Orchard Terrace',which plan is of record in the Cumberland county Recorder's Office in Plan Book 8,Page 25.The said plan shows Lots No. 15 and 16 to be each one hundred(100)feet in width instead of the correct total distance of one hundred eighty(180)feet along the rear line and one hundredth sixty(160)feet plus an arc distance of thirty-one and forty-two hundredths(31.42)feet along Hillcrest Drive;the above description is intended to correct the incorrect descript as set forth on said Plan. SUBJECT,Nevertheless,to the restrictions and reservations recorded in the aforesaid Recorder's Office with the aforementioned plan of lots. TITLE TO SAID PREMISES IS VESTED IN Susan P.Carr-Hudgins,a married individual,by Deed from Eva F.Thoma,widow,dated 12/12/2008,recorded 12/16/2008 in Instrument Number 200839842. PREMISES BEING: 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055-5525 PARCEL NO.42-30-2114-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8345 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC Plaintiff(s) From SUSAN P. CARR-HUDGINS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $210,766.80 L.L.: Interest FROM 6/7/2012 TO DATE OF SALE($34.65 PER DIEM)-$25,225.20 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,137.48 Other Costs: Plaintiff Paid: Date: 12/30/13 David D.Buell,Prothonotary (Seal) / � 0i4 _ Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 PLA 1 NT1 FF GMAC MORTGAGE, LLC AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 770500 DEFENDANT SERVICE TEAM/ spl SUSAN P. CARR - HUDGINS COURT NO.: 11- 8345 -CIVIL SERVE SUSAN P. CARR - HUDGINS AT: 10 HILLCREST DRIVE MECHANICSBURG, PA 17055 -5525 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED `�, Served and mad known to SUSAN P. CARR - HUDGINS, Defendant on the day of 1°1A . 2 Zvi o'clock � IS- . M.. at ('O Hl U-C( f O1A , in the manner described below: Defendant personally served. dull family member with whom Defendant(s) reside(s). Relationship is HO Sf (He RDr T Ut.A�JZ' 611 5 miA€ 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: 77 c. ) , a t4- Description: Age LAY Height S Se Weight V '. Race g Sex 1"1 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 to the penalties of 18 Pa. C.S..Sec. 4904 relating to unsworn falsification to authorities. DATE: 'to ILI On the day of , , at state that Defendant NOT FOUND ecause: _ Vacant Does Not Exist ___ No Answer on 1,13 at 3 Service Refused Other: NAME:�G` PRINTED NAME: F "" - " 1 i `'eON TITLE: (200156.L. 3617-A0Z- NOT SERVED o'clock _. M., I, , a competent adult hereby Moved Does Not Reside (Not Vacant) at I understand that this statement is made subject to the penalties' of 18 Pa. C.S. Sec. 4904 relating to .unswotn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786TCRF,. 'FOR PLAINTIFF 1617 JFK Boulevard Suite 1400 ii,.1 i 0i '` One Penn Center Plaza 'r P;F!J_�' " N, '' ' Philadelphia, PA 19103 j onathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN P. CARR-HUDGINS No.: 11-8345-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 4, 2011. 2. Judgment was entered on January 19, 2012 in the amount of$195,366.28. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated April 30, 2012, amending the judgment amount to $210,766.80. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 770500 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. A Sheriffs Sale of the mortgaged property at 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, SUSAN P. CARR A/K/A SUSAN P. CARR-HUDGINS, filed a Chapter 13 Bankruptcy at Docket Number 1:12-03398 on June 5, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated February 28, 2013. This order was modified by order of court dated October 28,2013. True and correct copies of the Relief Order and the Order Modifying Automatic Stay are attached hereto,made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on June 4,2014. 7. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $190,048.43 Interest To June 5, 2014 $30,882.93 Late Charges $174.63 Legal fees $2,125.00 Cost of Suit and Title $1,426.19 Sheriffs Sale Costs $888.98 Mortgage Insurance Premium to be Paid $447.48 Escrow to be Paid $690.97 Escrow Deficit $13,649.83 Suspense/Misc. Credits ($7.71) TOTAL $240,326.73 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 770500 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 5, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "E". 12. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Thomas A. Placey entered an order granting Plaintiff s Motion to Make Rule Absolute dated April 30, 2012. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan lina , LLP DATE: t By: Jon - Et owic , squire AT EY FOR PLAINTIFF 770500 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan.etkowicz @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN P. CARR-HUDGINS No.: 11-8345-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SUSAN P. CARR-HUDGINS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 770500 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 770500 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 770500 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 770500 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 770500 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 770500 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 770500 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan llma LLP DATE: By: Jon tha . Etkowicz, Esquire Atto e for Plaintiff 770500 Exhibit "A " PHELAN HALLINAN& SCHMIEG, LLP Attorney for Plaintiff 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 CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SUSAN P. CARR-HUDGINS t CI'V'IL DIVISION a C°a -- No. 1I-8345-CI: �. PRAECIPE FOR IN REM JUDGMENT FOR FAILU ANSWER AND ASSESSMENT OF DAMAGES Z5 TO THE PROTHONOTARY: Tk 111N, I Kindly enter judgment in favor of the Plaintiff and against SUSAN P. CARR- HUDGINS, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and 9f the mortgaged premises, and assess Plaintiff s damages as follows: m , As set forth in Complaint $195,366.28 TOTAL $ $195,366.28 I hereby certify that (1)the Defendant's , n;address is 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055-5525, and(2) cc has bee ordance with Rule Pa.R.C.P 237.1. Date ( Iv Robert W. Cusick, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS#276668 PROTHONOTARY 276668 xhlb << l� 770500 r. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SUSAN P. CARR-HUDGINS No.: 11-8345-CIVIL Defendant ORDER AND NOW, this c_Yl day of , 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute,it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolutle and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nuns pro tune as follows: Principal Balance $190,287.46 Interest Through June 6,2012 $12,685.76 Per Diem$26.00 Late Charges $407.47 Legal fees $1,300.00 Cost of Suit and Title $606.00 Property Inspections $45.00 Mortgage Insurance Premium/Private Mortgage Insurance $929.23 Mortgage Insurance Premium to be paid prior to June 6, $231.99 2012 Escrow to be paid prior to June 6,2012 $606.80 Escrow Deficit $3,667.09 TOTAL $210,766.80 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. VINVA kS"11NI,! BY TI OURT: >✓�h (.�5-�v tJ5`,� � ' _" ... TI'10 a A. �PI C y yaG�_.,e ��� common' ommon leas Judge `�A: 64 ri et liter-A 4 1 276668 .l 770500 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SUSAN P.CARR BK.No.1:12-03398 MDF A/K/A SUSAN P.CARR-HUGGINS Debtor Chapter No.13 OCWEN LOAN SERVICING,LLC Movant SUSAN P.CARR 11 U.S.C.§362 A/K/A SUSAN P.CARR-HUGGINS Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of OCWEN LOAN SERVICING,LLC (Movant), and after Notice of Default and the filing of a Certification of Default,it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law;and it is further; ORDERED AND DECREED: that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055- 5525(hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises),as to allow Movant,its successors or assignee's,to proceed with its rights under the terms of said Mortgage;and it is further; ORDERED AND DECREED: that Rule 4001(a)(3) is not applicable and OCWEN LOAN SERVICING, LLC may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Chief Bankruptcy Judge (JK) Dated: October 28, 2013 Case 1:12-bk-03398-MDF Doc 96 Filed 10/28/13 Entered 10/29/13 09:17:17 Desc Main Document Paqe 1 of 1 E xh � jb << l t 770500 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SUSAN P.CARR BK.No.1:12-03398 MDF A/K/A SUSAN P.CARR-HUGGINS Chapter No.13 Debtor GMAC MORTGAGE,LLC Movant V. 11 U.S.C.§362 SUSAN P.CARR-HUDGINS A/K/A SUSAN P.CARR-HUGGINS A/K/A SUSAN P.CARR Respondent ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 10 HILLCREST DRIVE,MECHANICSBURG,PA 17055. Upon consideration of Motion of GMAC MORTGAGE,LLC (Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to cormnunicate with the Debtor and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Relief from the Automatic stay of all proceedings,as provided under 11 U.S.C. §362 is granted with respect to, 10 HILLCREST DRIVE, MECHANICSBURG, PA 17055 (hereinafter the Premises)(as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises),as to allow Movant to proceed with its rights under the terms of said Mortgage;and it is further; ORDERED that Rule 4001(a)(3) is not applicable and GMAC MORTGAGE, LLC may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Chief Bankruptcy Joe (ac) Dated: February 28, 2013 Case 1:12-bk-03398-MDF Doc 44 Filed 02/28/13 Entered 02/28/13 14:39:46 Desc Main Document Paqe 1 of 1 xhl b << l� 7,0,500 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 23, 2014 SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 RE:, GMAC MORTGAGE, LLC v. SUSAN P. CARR-HUDGINS Premises Address: 10 HILLCREST DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-8345-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 4/28/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. a ul ours n Etkowicz,Esq., Id.No.208786 y for Plaintiff f.'ri.losure 770500 c, ,. XW4 O � °f I w NO g , 7 � d 0 ; U. uds''u�i a, V?0 Z' 54 •� � ��" ' a�'` CIO M Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN P. CARR-HUDGINS No.: 11-8345-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Phelan Hallinan,LLP DATE: cJ� I By: Jonath n 4. E owicz, squire ATTO Y FOR PLAINTIFF 770500 i'ft..PRO MONO PHELAN HALLINAN, LLP 2014 €` Y- 6 Ati 9: i ttorney for Plaintiff TY Adam H. Davis, Esq., Id. No.203034 CUMBERLAND CC, 1617 JFK Boulevard, Suite 1400PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CIVIL DIVISION SUSAN P. CARR-HUDGINS Defendant(s) No.: 11 -8345 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: CAc/Gf Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 770500 Name and Phelan RsPinan, LLP Address Of 1617 JFK Boalevard. Suite 1400 Sender One Penn Center Phu Philadelphia, PA 19103 - AZKIDDA - 06/04/2014 SALE s i ,r0 ;a' � r C� F.:1/4.1iti C: � t9 Q t O m 0,A r. 9'� !V . , :1' - 4., :s • 4,. r` +�. • C*, tr 45 d tit " i in m t7 o0 .' ti'J , FC i i t t LinnArticle Number Name of Addram nre, Street, and Post Office Address Posta 1 .us. TENANT/OCCUPANT 10 BSI.LCRFSF DRIVE MECHANICSBURG, PA 17. $045 2 esus COMMONWEALTH OF ' '. VARA 6TH. FLOOR.STRAWBERR SQ. DEPT 250601 HARRISBURG, PA 17128 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION WAS 3 suss - P.O DEPARTMENT OF PUBLI s WELFARE, WILLOW OAK BUILDINGOX 8456 HARRISBURG, PA 17105 171. CASUALTY UNIT, ESTATE RECOVERY PROGRAM SU 4 toss SECRETARY OF HOUSING 451 SEVENTH STREET SO WASHINGTON. DC 20410 + • URBAN DEVELOPMENT • $0.45 . :.. 5 •ss• SECRETARY OF HOUSING + URBAN ATTN: LOSS MITIGATION - SEP P.O. BOX 27670 SANTA ANA, CA 92799 DEVELOPMENT, CJO FIRST AMERICAN TITLE COMPANY VICE $0.45:+'r 6 us•. SECRETARY OF HOUSING ii URBAN 3451 HAMMOND AVENUE WATERLOO, IA 50702 DEVELOPMENT, CJO JAYLYNN KNEBEL $0.45 7 sets UPPER ALLEN TOWNSHIP 100 GETTYSBURG PUKE MECHANICSBURG, PA 1 . • $0.45 8 **us UPPER ALLEN TO 4:11' • J. STEPHEN NAUaunt SHIES : • dr BALL 200 NORTH 3RD STREET P s. BOX 844 HARRISBURG, PA 171':: ; ., FEINOUR; ESQUIRE L.I.P. seas 9 u... UPPER ALLEN TOWNSHIP C/O.I. STEPHEN 100 GETTYSBURG PIKE MECHANICSBURG, PA 1 , FEINOUR, ESQUIRE 50,45 1 +� '.r `�, '4r, 10 urns UPPER ALLEN TOWNSHIP CLO LOUIS GETTYSBURG MECHANICSBURG, PA I ' FAZEKAS ' $0.45 G., AISO ~ Nrrt; ' .' 11 suss DOMESTIC RELATIONS 0 CUMBERLAND COUNTY 13HORTHHANOVER CARLISLE, PA 17013. •- - 5045 I2 .i.. COMMONWEALTH. OF ' a SYLVANIA DEPARTMENT OP WELF P.O. BOX. 2675 HARRISBURG, PA 17105 .• $0.45 13 ssss INTERNAL REVENUE SER' CEADVLORY 1000 LIBERTY AVENUE R s s M 700 PITTSBURGH, PA 15222 $0.15 14 ssss US. DEPARTMENT OFJU CE US. ATTORNEY FOR THE . t t+DLE DI FEDERAL BUILDING 228 WALNUT STREET, SUI. 220 PO BOX 11754 HARRISBUMPA-1710&17' • . ;TRIO' OF PA -. t, r $0.45 ...,, r -- x'"-' SREt SVSAN`P CA ,. e :LCUMBBRLANA # 1 _-�FPH 770600LIQ2t� • •'^.Psgi l of Wr1Yra0b r. - _ ,. 560; _ -- . Total Number of Pieces Listed by Sender Total Number of Pieces Received at Poet Office PM:master. Receiving Per (Name of Employee) The full declaration of Value is requited on all domestic for the reconstruction of nonnegotiable document piece subject to a limit of 5500.000 per occurrent. The maximum indemnity payable is $25,000 for R900 S913 and S921 for limitations of coverage. and international registered mail The maximum indemnity payable under Express Mail document reconstruction insurance is 550.000 per The maximum indemnity payable on Express Mail merchandise is $500. at gistered mask tent with optional insurance. Sec Domestic Mall Manual Form 3877 Facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff v. SUSAN P. CARR-HUDGINS Defendant AND NOW, this 1 day of • Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -8345 -CIVIL 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be sched �ed nn • er. BY T OURT J. Thomas A. Placey Common Pleas Judge co = fl-' ....<> 11 ca i I-- '-1C ) C? -0 C) rn =C r 5 c c 770500 lan M. Etkowicz, Esq., Id, No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ........."S<SAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 0,1'es /21lcr-L shit?' 770500 770500 Phelan Hallinan, LLP LiF k t;L reit? i, ON0 Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 2014 HAY 16 IH IQ: # One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SUSAN P. CARR-HUDGINS No.: 11 -8345 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 DATE: .571 Y By:1_ AlAt Phela alli flan, LLP Jonah Lob., Esq., I.. No.312174 Atto for Plaintiff 770500 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 GMAC MORTGAGE, LLC Plaintiff vs. l r "Er >.r, 'T ATTORNEY FOR PLAINTIFF C1 .3 u 1T` Court of Common Pleas Civil Division CUMBERLAND County SUSAN P. CARR - HUDGINS Defendant MOTION TO MAKE RULE ABSOLUTE No.: 11- 8345 -CIVIL 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: 1. A Motion to Reassess Damages was filed with the Court on May 6, 2014. 2. A Rule was issued by the Honorable Thomas A. Placey on or about May 7, 2014 directing the Defendant to show cause by May 27, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on May 15, 2014 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 B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 27, 2014. 770500 W HEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: V / j � By: !/ " Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 770500 Exhibit "A" 770500 f-di.-1 100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff v. SUSAN P. CARR-HUDGINS Defendant AND NOW, this day of Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8345-CIVIL 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be sehednleci nn hi_sma e BY T OURT Thomas A. Placey Common Pleas Judge rn cc r- < -0 c? 770500 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.31 2174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb @phelanhal linan. com 215 -563 -7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. SUSAN P. CARR - HUDGINS Defendant CERTIFIC'ATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CUMBERLAND County No.: 11- 8345 -CIVIL SUSAN P. CARR - HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055 -5525 By: Jonal 1.ohb,. listl..ld. No.312174 Att< rt I n• Plaintiff Pheltn_ 1a1Ii pan LLP 770500 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1 617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. SUSAN P. CARR - HUDGINS Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. SUSAN P. CARR - HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055 -5525 DATE: C171 j 7ir CUMBERLAND County No.: 11- 8345 -CIVIL Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 770500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff VS. SUSAN P. CARR-HUDGINS Defendant AND NOW, this Civil Division c -oma' r, w CUMBERLAND Cogg3 c No.: 11 -8345 -CIVIL r ORDER day of , 014, upon consideration of Plaintiffs Cn Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 5, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Mortgage Insurance Premium to be Paid Prior Escrow to be Paid Escrow Deficit Suspense/Misc. Credits $190,048.43 $30,882.93 $174.63 $2,125.00 $1,426.19 $888.98 $447.48 $690.97 $13,649.83 ($7.71) TOTAL $240,326.73 (,/,/ fig 7 F _ c Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. co i'eg fiLaV I*L g., A.w)ix. S' C? — /1-14/kAr 4P/Wir omas A. Macey Common Pleas Judge 770500 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, v. : CIVIL DIVISION Attorney for Plaintiff SUSAN P. CARR-HUDGINS Defendant(s) : No.: 11 -8345 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: PH # 770500 lic( Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, V. Attorney for Plaintiff : CIVIL DIVISION SUSAN P. CARR-HUDGINS Defendant(s) : No.: 11 -8345 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SUSAN P. CARR-HUDGINS 10 HIE LCREST DRIVE MECHANICSBURG, PA 17055-5525 Date: PH # 770500 4/17/ ict Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff THE PRGTHONG TA I -?'7 2614 AU -6 AM tO: 3 5 CUMBERL AND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v. : No.: 11 -8345 -CIVIL SUSAN P. CARR-HUDGINS Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 08/06/2014 at 10:00 AM in the above -captioned matter has been continued until 10/01/2014 at 10:00 AM. Date: /5/ill PH # 770500 A ates, Esq., Id. No.203664 Attorney for Plaintiff PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v. : No.: 11 -8345 -CIVIL SUSAN P. CARR-HUDGINS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SUSAN P. CARR-HUDGINS 10 HILLCREST DRIVE MECHANICSBURG, PA 17055-5525 Date: t/614 PH # 770500 Kenya ates, Esq., Id. No.203664 Attorney for Plaintiff Ronny RAnderson Sheriff Jody BSmith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Cirintirtia ~~� -.' /��H0M~~�[l,�� _�. .~`� c cog ?Mil SEP �V. .°�. �° . /m �� �4 � "'' .v' / CUMBERLAND COUNTY PENNSYLVANIA '' ' � ~ LKAN/A GMAC Mortgage, LLC vs. Susan P. Carr -Hudgins Case Number 2011-8345 SHERIFF'S RETURN OF SERVICE 03/24/2014 07:65 PM - Deputy Ryan 8urgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wri. Notice and Description, and Sale Handbill in the above titled action, upon the property located at 10 Hillcrest Drive, Upper Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 03/24/2014 07:55 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Arthur Hudgins, husband, who accepted as "Adult Person in Charge" for Susan P. Carr -Hudgins at 10 Hillcrest Drive, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 Ronny R Anderson, Gheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 06/02/2014 07/29/2014 09/18/2014 SHERIFF COST: $723.35 ' SO ANSWERS, September 18, 2014 RONR ANDERSON, SHERIFF tic) CountySeite Sheriff, eleosoft, inc. oEclr n THE -SHERIFF On March 3, 2014 the Sheriff levied upon _theJ COUHTY, PA 1014 JAI -3 .P I: 35 defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as 10 Hillcrest Drive, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2011-8345 Civil Term GMAC Mortgage, LLC vs. Susan P. Carr -Hudgins Atty.: Joseph Schalk By virtue of a Writ of Execution No. 11 -8345 -CIVIL, GMAC MORTGAGE, LLC v. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County, Pennsylva- nia, being 10 HILLCREST DRIVE. MECHANICSBURG. PA 17055-5525. Parcel No. 42-30-2114-024. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $210,766.80. 40 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 18, April 25 and May 2, 2014 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. ykA, isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018 The Patriot -News Co. ° 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriot*News 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 2011-8345 Civil Term GMAC Mortgage, LLC Vs Susan P. Carr -Hudgins Atty: Joseph Schalk By virtue of a Writ of Execution No. 11 -8345 -CIVIL GMAC MORTGAGE, LLC v. SUSAN P. CARR-HUDGINS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County, Pennsylvania, being 10 HILLCREST DRIVE. MECHANICSBURG. PA 17055- 5525 Parcel No. 42-30-2114-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $210,766.80 - This ad ran on the date(s) shown below: 04/13/14 04/20/14 04127/14 Sworn t scribed before me this 02 of May, 2014 A.D. No COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Wash!ngton Twp., Dauphin County My Commiss.'on Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTAPIES