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Home My WebLink About11-9239SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE Sheriff w THE PROTHONOTAR`I' 10 ??? •,?,, of Jody S Smith Chief Deputy 2011 DEC 29 AM 8- 31 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA GMAC Mortgage, LLC Case Number vs. Balinda Nonemaker 2011-9239 SHERIFF'S RETURN OF SERVICE 12/20/2011 05:07 PM - Michael Barrick; Deputy Sheriff, who being duly sworn according to law, states that on December 20, 2011 at 1707 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Balinda Nonemaker, by making known unto Melinda Nonemaker, Daughter of Defendant at 211 First Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to her personally 24 said true and c copy of the same. d SHERIFF COST: $44.00 December 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ri t,Oll".(`y'JUI(n „nf3'l!{. T?FIPOSQ1l, i1':t;. PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. BALINDA NONEMAKER 1 k ` t" O `1 torn' ey for Plaintiff "` 26 ?F ?.? Leo ?? c =, ?vjcRLAND COUNT 'E NSYLV PIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 11-9239-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BALINDA NONEMAKER, 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 $42,247.40 $42,247.40 I hereby certify that (1) the Defendant's last known address is 211 FIRST STREET, SUMMERDALE, PA 17093, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. pL*4-414-,5Opdd#7 7,9 Date M thew wood, Esquire fL ?4??25[?q Attorney for Plaintiff }Jp h ee- DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I (!A PHS # 281775 -, /)-A44ew 4% PROTHONOTARY 281775 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. BALINDA NONEMAKER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-9239-CIVIL-TERM 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 Plaintiff is without information sufficient to determine whether the defendant(s) BALINDA NONEMAKER is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BALINDA NONEMAKER is over 18 years of age and resides at 211 FIRST STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date - ) r Matthew vxg?wood, Esquire Attorney for Plaintiff 281775 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS BALINDA NONEMAKER CIVIL DIVISION No 11-9239-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on -s 'a l! k' By: %Z_ .. If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON V. Defendant(s) NO. 11-9239-CIVIL-TERM CUMBERLAND COUNTY' BALINDA NONEMAKER TO: BALINDA NONEMAKER 211 FIRST STREET SUMMERDALE, PA 17093 DATE OF NOTICE:' 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. RAFORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: iood, Esquire Attorney for Plaintiff Phelan HalIinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 281775 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9239 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From BALINDA NONEMAKER (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: $42,247.40 L.L.: $.50 Interest from 3/27/12 to Date of Sale ($6.94 PER DIEM) - $1,131.22 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $183.50 Other Costs: Plaintiff Paid: Date: 5/7/12 David D. Buell, Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308909 PRAEC[PE FOR WRIT OF EXECUTION-(MORTGAGE FORE(I-OSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC COURT ON' COMMON PLEAS Plaintiff CIVIL DIVISION V. NO?.: 11-9239-CIVIL-TERM BALINDA NONE MAKER Defendant(s) CUMBERLAND COUNTY To the Prothonotary Issue writ of execution in the above matter: Amount Due Interest from 03/27/2012 to Date of Sale ($6.94 per diem) TOTAL $42,247.40 f ' $1,131.22 -' Ph allinan & Schmieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff $43 78.62 C= r f' Note: Please attach description of property. PHS 4 281775 ? g . SCE 0? a a t)y. oo CRF ga.oot b.SOit a.sog '9118?.So Pd a Ot A I I F I ,,>, L/6 V ?1I t? ?f'?£TSrLed i-. W ts. W i z zi Q 3 Q ? W d Ga c? v? d w ? O? a? az Oa F O? o° ?z o? U W H U U w a w a U C7 > x w? ° ocz zQ O U w w w ? O 0 I U Sr w O? W 0 r, ?z W w o ? U CZ T c ? U Q' LEGAL DESCRIPTION ALL TIIAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Front Street, said point being 1.62 1/2 feet, more or less, South of the Southwest corner of the intersection of Wayne and First Streets, at or opposite the center of the partition wall dividing the property conveyed to Carl N. Gates and Ethel M. Gales, his wife, and the dwelling on the lot hereby conveyed; thence Westwardly through the center of the partition wall dividing said properties and beyond 238.00 feet, more or less, to the Eastern line of Water Street; thence Northwestwardly along the Eastern line of Water Street 40.91 feet to the Southern line of Lot No. 5, Section B, on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern line of Lot No. 5, Section B, 267.7 feet to the Western line of First Street; thence Southwardly along the Western line of First Street 32 1/2 feet, more or less, to a point, the place of BEGINNING. HAVING erected thereon the Northern one-half of a two and one-half story frame dwelling house. BEING the Northern part of Lot No. 4, Section'B' in Cumberland County Plan Book 1, Page 44. TITLE TO SAID PREMISES VESTED IN Randy R. Nonemaker, formerly a single man, now married and Balinda Nonemaker, his wife, owners by the entireties of below described property, by Deed from Randy R. Nonemaker, formerly a single man, now married to Balinda. Nonemaker, dated 09/23/1998, recorded 10/09/1998 in Book 186, Page 1051. RANDY R. NONEMAKER was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of RANDY R. NONEMAKER's death on or about 06/09/2007, her ownership interest was automatically vested in the surviving tenant by the entirety. PREMISES BEING: 211 FIRST STREET, SUNEWERDALE, PA 17093 PARCEL NO. 09-12-2995-059. PHELAN HALLINAN & SCHMIEG, LLP Christina C. Viola, Esq., Id. No.308909 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff V. BALINDA NONEMAKER Defendant(s) Attorneys for Plaintiff 't n 9: 'tSYI ?f,Nt COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9239-CIVIL-TERM CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. n n By: _ y Ph n i a & 'chmieg, LLP Christina C. Viola, Esq., Id. No. 308909 Attorney for Plaintiff GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Pl?intift`? fy r; CIVIL DIVISION V. 2 H` - 7 y 9: Z NO.: 11-9239-CIVIL-TERM BALINDA NONEMAKER Defendant(s) !RIBERI AND COUNT'( . PENNSYLVANIA CUMBERLAND COUNTY PHS # 281775 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 211 FIRST STREET, SUMMERDALE, PA 17093. 1 2 3 4 Name and address of Owner(s) or reputed Owner(s): Name BALINDA NONEMAKER Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 5 SAME AS ABOVE 211 FIRST STREET SUMMERDALE, PA 17093 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) NUMAX MORTGAGE CORPORATION, A 20010 CENTURY BOULEVARD MARYLAND CORPORATION 4TH FLOOR GERMANTOWN, MD 20874 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest: in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may b,? affeci?d by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 211 FIRST STREET SUMMERDALE, PA 17093 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 U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a orities. Date: l/ BY: v Phelan nan & Schmieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff GMAC MORTGAGE, LLC BALINDA NONEMAKER VS. 'UMBEIRLAN'D COUNT% : NO.: 11-9239-CIVIL-TERM Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BALINDA NONEMAKER 211 FIRST STREET SUMMERDALE, PA 17093 "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 211 FIRST STREET, SUMMERDALE, PA 17093 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $42,247.40 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 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Front Street, said point being 162 1/2 feet, more or less, South of the Southwest corner of the intersection of Wayne and First Streets, at or opposite the center of the partition wall dividing the property conveyed to Carl N. Gates and Ethel M. Gales, his wife, and the dwelling on the lot hereby conveyed; thence Westwardly through the center of the partition wall dividing said properties and beyond 238.00 feet, more or less, to the Eastern line of Water Street; thence Northwestwardly along the Eastern line of Water Street 40.91 feet to the Southern line of Lot No. 5, Section B, on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern line of Lot No. 5, Section B, 267.7 feet to the Western line of First Street; thence Southwardly along the Western line of First Street 32 1 /2 feet, more or less, to a point, the place of BEGINNING. HAVING erected thereon the Northern one-half of a two and one-half story frame dwelling house. BEING the Northern part of Lot No. 4, Section 'B' in Cumberland County Plan Book 1, Page 44. TITLE TO SAID PREMISES VESTED IN Randy R. Nonemaker, formerly a single man, now married and Balinda Nonemaker, his wife, owners by the entireties of below described property, by Deed from Randy R. Nonemaker, formerly a single man, now married to Balinda Nonemaker, dated 09/23/1998, recorded 10/09/1998 in Book 186, Page 1051. RANDY R. NONEMAKER was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of RANDY R. NONEMAKER's death on or about 06/09/2007, her ownership interest was automatically vested in the surviving tenant by the entirety. PREMISES BEING: 211 FIRST STREET, SUMIVIERDALE, PA 17093 PARCEL NO. 09-12-2995-059. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9239-CIVIL-TERM GMAC MORTGAGE, LLC vs. BALINDA NONEMAKER owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 211 FIRST STREET, SUMMERDALE, PA 17093 Parcel No. 09-12-2995-059. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $42,247.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. FiLEO-OF FIC TI°IE PROThiON0TAR'- 2112 JUL 26 AM II'. 03 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY BALINDA NONEMAKER NO. 11-9239-CIVIL-TERM Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO Pa.R.C.P. 404(2)/403 The undersigned attorney hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to BALINDA NONEMAKER. The Notice of Sale was received by Defendant, BALINDA NONEMAKER, on 7/14/2012 as evidenced by the attached Return Receipt. 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: PHELAN HALLINAN & SCHMIEG, LLP B ! Melissa J. Cantw squire Attorney for Plaintiff 7178 2417 6099 0103 6188 LXH / 281775 BALINDA NONEMAKER PO BOX 478 SUMMERDALE, PA 17093-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) UNITEDSTATES AOPOSIML SERVICEW Date Produced: 07/16/2012 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified Mail TM item number 7178 2417 6099 0103 6188. Our records indicate that this item was delivered on 07/14/2012 at 12:15 p.m. in CAMP HILL, PA, 17011. The scanned image of the recipient information is provided below. ?y a.cuon Signature of Recipient: v. r t Address of Recipient: ? L Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 103914 . !_'11; 1'S.com® - Track & Confirm Page 1 of 1 E,glish Customer Se"we USPS Mobile Register/ Sign In /rr y O AVt ^ .' ^" Search USP4 Co rn Ur Track Packages ck eels Ship a Package Send Mail Manage Your Mail Shop Business SOIu'tions Track & Confirm GET EVAiL UPDATES PRINT DETAILS ",WP LABEL YUMBER SERVICE STATUS OF YOUR it"EM DATE a TIME L OCAT:ON F:-:47 URE'S 71782417649901038188 First-Class MaO" Delivered July 14, 2012, 12:15 pm CAMP HILL, PA 17011 Expected Delivery By: July 2, 2012 Return Receipt Electronic Processed through July 14, 2012, 4:18 am HARRISBURG, PA 17107 USPS Sort Facility Depart USPS Sort July 14, 2012 HARRISBURG, PA 17107 Facility Processed through July 13, 2012, 11:24 pm HARRISBURG, PA 17107 USPS Sort Facility Forwarded June 30, 2012, 7:50 am SUMMERDALE, PA Arrival at Unit June 30, 2012, 7:50 am SUMMERDALE, PA 17093 Dispatched to Sort June 28, 2012, 5.27 pm PHILADELPHIA, PA 19104 Facility Acceptance June 28, 2012. 5:13 pm PHILADELPHIA, PA 19102 Electronic Shipping Info June 27, 2012 Received Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM ln'acy Policy ` G",ernment Serv!ce5 . erms %f J'se > Buy Stamps & Shop , Print a Label with Posiage Uo ?:Ef-R Ac( EEO Data ; Customer Se!rvfce ; $::e Inoex OTHER U5PS SITES 6!,<smcss custom r Galeviay , !'os+l :?spsctors ti 'D'?Gk"r Cvcnerai ; Et p're, , I Ai R ahm Reserved. ON ABOUT.USPS.COM AhoutUSPS Home> Nev,,Sreon: , Mail Service Updates Forms & Publica*ons, :areers ' https://tools.usps.com/golTrackConfinnAction.action?tLabels=71782417609901036188 7/19/2012 GMAC MORTGAGE, LLC, PLAINTIFF V. BALINDA NONEMAKER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.11-9239 CIVIL ORDER OF COURT AND NOW, this 9th day of August, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested not be granted; 2. The Defendants will file an answer on or before August 31, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule I made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. Matthew Brushwood, Esquire Attorney for Plaintiff Balinda Monemaker Defendant bas ,?CL =M c -<m Q r MW cn ws By the Court, PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 f #'t' 0 i f44 NO Tjr, .?. Attorney for l jr>xif 13 M10:45 ''!!J`iRERLANO COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION BALINDA NONEMAKER Defendant(s) No.: 11-9239-CIVIL-TERM 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 381 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached er o Ebit "A". Date: g Z hael Kolesnik, Esquire 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 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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O m e+ 7 .A rJ N y w '3 3? < o M A to 3p o m ?a to _ ,e- m m °or 71. t7f; ? ? ial 1 1 ? nX, D,? j N w w n ??^- ? . } O G 1 N cR.. y r. lA N y O R' €? 4 ? `?w :J R O W O _.? I "too ? A N V o" O rM ? rr J,? ? t 4 rt O ? n K ? C F W rt _ ; r O 7 i y { -- Qn ;']E A 1 f ( ? 1 O J w ? ' I 11 ? .? E 1 t ?.c rt S X n?i w - ° < p ? t_ r ~~~ Tkf~ ~~tQTN~?t~~TA~`' Phelan Hallinan & Schmieg, LLP ~~ ~ ~ ~U~ (i AM ~~' ~ ~ Melissa J. Cantwell, Esq., Id. No.308~ ~~~~~ ~~~TTORNEY FOR PLAINTIFF 1617 JFK Boulevazd, Suite 1400 ~~~~~~ One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. BALINDA NONEMAKER CUMBERLAND County No.:ll-9239-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 10, 2012 Rule 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. BALINDA NONEMAKER BALINDA NONEMAKER 211 FIRST STREET PO BOX 478 SUMMERDALE, PA 17093 SUNIlv1ERDALE, PA 17093-0478 Phelan H~llinan & Sch;nieg, LLP DATE: AU6 161012 By. (~ `Melissa J. Cantwell, Esquire Attorney for Plaintiff 281 F IED-OFF}CL Phelan Hallman & Schmieg, LLP C [HE PRCTHONNOTAh Matthew Brushwood, Esq., Id. No.310592 SP RNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC !MORTGAGE, LLC Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division us. BALINDA NONEMAKER. Defendant CUMBERLAND County No.: 11-9239-CIVIL-TERM MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on August 7, 2012. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its prpposed Motion to Reassess Damages and Order to the Defendant on July 24, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. . A Rule was issued by the Honorable M. L. Ebert, Jr., on or about August 10, 2012 directing the Defendant to show cause by August 31, 2012 why the Motion to Reassess Damages should of be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and ma*ed Exhibit B. 41. The Rule to Show Cause was timely served upon all parties on August 16, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certific4te of Service is attached hereto, made part hereof, and marked Exhibit C. IS. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 131, 2012. 281775 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ?O n- Ph inan & Schmieg, LLP By: atth B wood, Esquire f Attorn r Plaintiff 281775 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelran Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 24, 2012 BALINDA NONEMAKER 211 FIRST STREET SUMMERDALE, PA 17093 BALINDA NONEMAKER PO BOX 478 SUMMERDALE, PA 17093-0478 RE: GMAC MORTGAGE, LLC v. BALINDA NONEMAKER Premises Address: 211 FIRST STREET SUMMERDALE, PA 17093 CUMBERLAND County CCP, No. 11-9239-CIVIL-TERM 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 concµrrencc with the requested relief that is, increasing the amount of the judgment. Please resp6nd to me within 5 days, by July 30, 2012. Should you have further questions or concerns, please do not hesitate to contact me Otherwise, please be guided accordingly. Very:, truly yours, C'o cDuunn, Esquire Atto*iey for Plaintiff Enclo)sure 281775 nine and Phelan Hallinan & Schmieg, LLP 1dress 1617 OK Boulevard, Suite 1400 E Sender One Popo Center Plan Phitaiw DA IOtfl1A Arun ne Article Ntm?ber Name if Add Sbwt, and Poet OBiee Address Posta a 1 **'* BAL A NONEMAKER 0 $0.45 e°v ae 211 STREET • e " SU RDALE, PA 17093 2 '*** DA NONEMAKER 50.45N E4 478 RDALE, PA 17093-0478 to RE: B LINDA NONEMAKER (CUMBERLAND) PHN 01775 Page 1 of 1 50.90 _ ` A Nwabw Tahl of Pixea Parmawy Per (tdtaae of The full dedmtioo of"&. i, reQoired -.11 daespic ned WR-w .-I reppered uaii. Tt hp? ca I.WOd by Snider Received Pop Office Receiving Employee) ._ far the eeo tim of trotue '?rf? O p gaWbb doateeon under Fitproas Midi doeunant «aootarncr Pisa ahim io • iittit ot$300,000 peroeaor®a. The twdMM iodemily payable on s ... The asdisaw sdestakypayable is 525,000 for regi ncrW twit. am mth apoaal mwanc R9OO 5913 and 5921 of o0 P dds? Y Z2 D ?d 2 Exhibit "B" GMAC MORTGAGE, LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BALIt DA NONEMAKER, DEFENDANT NO. 1-9239 CIVIL ORDER OF COURT AND NOW, this 9" day of August, 2012, upon consideration of the Plaintiff's Motion to Reasisess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before August 31, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, i Matth w Brushwood, Esquire Attor ey for Plaintiff Balin a Monemaker Defendant I I rg?C3? ? .<> , C? bas Exhibit "C" e rs t Phelan Hallinan & Schmieg, LLP Meli sa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Phil elphia, PA 19103 215- 63-7000 GMA C MORTGAGE, LLC Plaintiff vs. BALJNDA NONEMAKER Defendant 'WANEY FOR PLAINTIFF R1116ERLANO COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9239-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 10, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be grant$d was served upon the following individual on the date indicated below. BAL DA NONEMAKER BALINDA NONEMAKER 211 FIRST STREET PO BOX 478 SU RDALE, PA 17093 SUMMERDALE, PA 17093-0478 AUG 16 2012 DATI : Phelan Holman & Sc m eg;, LLP By.r Melissa J. Cantwell, Esquire Attorney for Plaintiff 281775 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JF';K Boulevard, Suite 1400 One Pe Center Plaza Philadelphia, PA 19103 215-56 -7000 GMAC ;MORTGAGE, LLC Plaintiff Vs. BALINDA NONEMAKER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9239-CIVIL-TERM CERTIFICATION OF SERVICE hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were sewed upon the following individual on the date indicated below. BALIN A NONEMAKER 211 FIRST STREET SUMM RDALE, PA 17093 DATE: BALINDA NONEMAKER PO BOX 478 SUMMERDALE, PA 17093-0478 *Attoy nan & Schmieg, LLP Bshwood, Esq., Id. No.310592 Plaintiff 28 1775