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HomeMy WebLinkAbout11-9376SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Hr- ,^ e `t Jody S Smith Chief Deputy ;`,ti? H;'0 AM I t i Richard W Stewart Solicitor ! ERLi PE NS° I1 VANIIit GMAC Mortgage, LLC vs. Jayson A. Beers (et al.) Case Number 2011-9376 SHERIFF'S RETURN OF SERVICE 12/29/2011 06:05 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2011 at 1805 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stacey R. Lathrop, by making known unto herself personally, at 61 Queen Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHING , DEPUTY 01/11/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stacey R. Lathrop, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Stacey R. Lathrop. Request for service at 3 Hazzard Lane, Enola, Pennsylvania 17025 the Defendant was not found. Stacey R. Lathrop currently resides at 61 Queen Avenue, Enola, Pennsylvania 17025. 01/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 20, 2012 at 1150 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Jayson A. Beers. After several attempts the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $125.00 March 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c) Cou ?.f Sh -. PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY C) c a :Z JAYSON BEERS A/K/A JAYSON A. BEERS No. 11-9376-CIVIL (,r- - , C3 C STACEY LATHROP A/K/A STACEY R. LATHROP x c:) Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 13, 2012 JMK/tam, Svc Dept. File# 284516 PHELAN HALLINAN & SCHMIEG, LLP By: J Michael Kolesnik, Esq., Id. No.308877 ttornev for Plaintiff (2 I (• 15 PA A 7T^/ 6* 111)8011 o '29,399q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o, „%V of climber, OFFICE THE S?'ERIFIZ ED-CrF!CL. THE PR0 ONO Jody S Smith Chief Deputy Richard W Stewart Solicitor 20,112 MAY 24 PM 1: %S11j CUMBERLAND CGUNI'v PENNSYLVANIA GMAC Mortgage, LLC vs. Case Number Jayson A. Beers (et al.) 2011-9376 SHERIFF'S RETURN OF SERVICE 05/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 22, 2012 at 1145 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Jayson A. Beers. After several attempts the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $73.00 May 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,ci CountySuite Sheriff, Teleosott. Inc. Phelan 1allinan &Schmieg, LLP .. FRO THONO TA 1617 JF1K Boulevard, Suite 1400 20 12 SEP -7 AN 10, 16 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA Attorney for Plaintiff GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. No. 11-9376-CIVIL LATHROP Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, JAYSON BEERS, by first class mail to JAYSON BEERS at the last known address, 9 W BEALE AVE, ENOLA;, PA 17025, and the mortgaged premises, 3 HAZZARD LANE, ENOLA, PA 17025; posting of the mortgaged premises, 3 HAZZARD LANE, ENOLA, PA 17025; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, JAYSON BEERS, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 3 HAZZARD LANE, ENOLA, PA 17025. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriff s Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 284516 2. The Sheriff of CUMBERLAND County attempted to serve the Defendant at 9 W BEALE AVE, ENOLA, PA 17025. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriff's Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of July 3, 2012, no Judge has previously entered a ruling in this case. 5. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on September 6, 2012 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Def?ndant. A true and correct copy of Plaintiffs September 6, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 6, 2012 to bring loan current. 284516 7. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Date: Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP K--- By: ' Nleltssia?J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 284516 Phelan Hallinan & Schmieg, LLP 1617 J-0 1K Boulevard, Suite 1400 One Pepn Center Plaza Philadejphia, PA 19103 215-56J-7000 GMAC, MORTGAGE, LLC Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division VS. CUMBERLAND County JAYS* BEERS A/K/A JAYSON A. BEERS STAGY LATHROP A/K/A STACEY R. No. 11-9376-CIVIL LATHROP Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT L FACTUAL BACKGROUND Attempts to serve Defendant, JAYSON BEERS, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 3 HAZZARD LANE, ENOLA, PA 17025, and at 9 W BEALE AVE, ENOLAI, PA 17025. As indicated by the Returns of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff s counsel has reviewed its internal records and has not been contacted by the Defendant as of September 6, 2012 to bring loan curient. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defenda?t but has been unable to do so. 284516 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and dmployers of the defendant, and (3) examinations of local telephone directories, Voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislatu#e when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.24 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof ha$ been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Returns of Service, the Sheriff has been unable to serve the, Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests ?n Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, aid publication. 284516 III. CONCLUSION As indicated by the Returns of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: _ By: C 0, Me i sa 1 Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 284516 Exhibit "A" 284516 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 00%0 Of Cuui5rr,y4o P? f r, I; r Jody S Smith ChiefDeputY 2012 MAR 30 AM I ! i Richard W Stewart Solicitor r,Kr,,:E.",. tNE•i..k.c=,.c CUMBERLAND i"'.561a PENNSYL.`dAN; 1'k GMAC Mortgage, LLC vs, I Case Number Jayson A, Beers (et al.) 2011-9378 SHERIFF'S RETURN OF SERVICE 12/29/20, 1 06;05 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to taw, states that on December 29, 2011 at 1805 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stacey R. Lathrop, by making known unto herself personally, at 61 Queen Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHING1,9111, DEPUTY 01/11/20h2 Ronny R, Anderson, Sheriff, who being duly sworn according to taw, states that he made a diligent search and Inquiry for the within named defendant to wit: Stacey R. Lathrop, but was unable to locate her in his bailiwick, fie therefore returns the within Complaint In lV ortgap Foreclosure as not found as to file defendant Stacey R. Lathrop. Request for service at 3 Hazzard Lana, Enote, Pennsylvania 17025 the Defendant was not found. Stacey R. Lathrop currently resides at 61 Queen Avenue, Enola, Pennsylvania. 17025, 01120120,2 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 20, 2012 at 1150 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Jayson A. Beers, After several attempts the Complaint in Mortgage Foreclosure has expired, SHERIFr COST: $125,00 SO ANSWERS, March 2q, 2012 RON R ANDERSON, SHERIFF Exhibit "B" 284516 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F LEU•(}r F IG'i Sir nt ca THE Jody $ $Mnith $ rty trla Wo Jody t; Chief Deouty 2012 MAY 24 PM I.- 55 Richard W Stewart 4' r,UMBERLAhi?U COUNTY Solicitor "CF.ofn%51 MWV PENNSYLVANIA GMACI Mortgage, LLC Casv Number vs.! 2011-8378 Jaysoh A. Beers (et al.) 111 SHERIFF'S RETURN OF SERVICE 0522/2612 Ronny R. Anderson, Stwrtlf, who being duty swan according to law, states that on May 22, 2012 at 1145 hours, he was unable to own a true oopy of the within Complaint In Mortgage Foreclosure, upon the within named dekrw* tt, to wit: Jayson A. Beers. After several attempts the on In Mortgage Foreclosure has a*lred. SHERIFF COST. $73.00 SO ANSWERS, 00 L . /?z 'e May 22,12012 RON R ANDERSON, SHERIFF 104 CanlySutte SMnrt, TuwowR. ,nc Exhibit "C" 294516 AFFIDAVIT OF GOOD FAITH INVESTIGATION Nile Number 284516 Attorney F'irni: Phelan, I-iallinan & Selr:mieg, I?1.P Subject: Jayson Beers & Stacey Lathrop Current Address: 3 1 lazrar•d Lane:, AM PA 17025 Property Address 3 Ha"arcl 1-Ann AM PA INT5 Mailing Address: 3 Hazzard Lane, F;AW, PA 17025 CTED:1'I' INi'OIWATION A. SOC:'IA1. 51 CL RI'l. Y N TJM BE12 Our search vt r.i.f d the Mowing information to be true and correct My= Beers - xxwxx-0767 Stacey Unthrcp - x<x-xx-I)160 1, EMLOYMI NT SEARCI l Jayson Beers & Stamy I. .damp - A review of the credit reporting i,rg;encic:s pr<rvi(lc'Li no err lploytrrent. information. C. I1?It )LJIRY ?tiIF C'li'E:I77TC7h5 Our inqu6:y of c reditc:as indicated that Jayson. Beers reside(s) at: 9 West RAW Avenue, E:nola, P.A 17025 & SWaT Lathrop rmWeN an 3 Hamarct 1Am, IM, PA 17025, 'I. INQUIRY 0F, 'rE1 J,.PHONP: -M IPANY A, I)II:1,C:'l ORY AS5ISTANC:I: SEARC'I l Our offic,,? searched directory assistance databases, which had no listirrlr for jaysurr 13e!rs ?iZ. T,athi up, B. M 0607 12 e ur on Av IMIL aci<rc,ral tclcThtnm "Ws to a pssssil o phone number of iive(] t! 7c N iltf)t+r ing wformn itlor'tt ,inswerinf, do t3Lrl*'' qs) (717) 71201 1 ;in(l ror moclAnc C?at t?6-117-12 crux trlN" tru dP 11 LeWpir; Mr Call W a patisll Q P fi,"M rruanWO of tfrte,4trb;e:cQ,, (71 Q 71(LA)413 Viand e(:•: i,iv"cl th". Eill, ?vvuag 44iir1-11;1 ti,rzt:wresnlr nwnl?er. (A flti-CI'l-1s our aflke naw ao j iw i ?x.aw call to r: possible phone nurnbFr 4 tlu. subject(s) (7"17) 728-7470 aPLI r cceivci.l Ow following; informaton: trot w sc.i'vii c. III, IN(. UI RY OF NI?IA(,H 3ORs' On 0617-12 cmr office nu ode <a pl me r.:a1l in -,in atb-nnpt to (717) 732-0269,4 Hazzard l aric, 13no1r;, PA 17()25; sl:rnke with an unidentifled rnak who confirine{l that joyson Beers k Str_rc ey Lathrop rosicie(,s) at 3 H azzar d l:a m" Pinola, PA 17025. 1V, Al,) )R! SS INQt,!'1RY A. PvA'1:IC.)NAI. ADi')Pl `; CJl?I?A7'l:? On 06-07-12 vve r(-svi(,weu' the 1va canal Addreass databases and found thc? foilowing infn]'Taation: Jayson Bews-3llazzan lAn 13rnQ PA ITP5&Way I,lihrup "1 Qtioc;ri Avi,mu,,% 1. noht, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file, V. OTHER INQUIRIES A. DEATH RECORDS As of 06-07-12 Vital Records and all public databases have no death record on file for Jayson Beers & Stacey Lathrop. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jayson Beers -1979 Stacey Lathrop -1981 B. AKA. Jayson A. Beers Stacey R. Lathrop; Stacey A. Lathrop * Our accessible databases have been checked and cross-referenced for the above named individuals). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made, subject to the penalties of I'3,11:1 t":S, Sec. 4904 relating to unworn falsification to authorities. -a.. f•' . w: information is obtained from available public records L iInd we are only liable for the. cost of the affidavit. ;' 1 r rL? efy.. t, i- as Exhibit "D" Name and Phelan Hallinan & Sctwieg, LLP Address 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza 1 ; *•" i , JAYSON BEERS € 5045. 3 HAZZARD LANE ENOLA? PA 17025-1814 2 JAYSON BEERS m.. S0.45 9 W BEALL AVE ENOL PA 17625-2806 RE: JAYSON BEERS A/K/A JAYSON A. BEERS ( CUMBERLAND) TEAM 4 PHS# 284516 Page I of SO,90 ' r 1 , .. TaaINw?Ler of ? ? Pies, Listed by S-W TalsrVYfNGpf tMeus F...6 ed m Pen Oeite -'PoMm?.wyP.r (Nwbar Rswivin; Employes) T : ttiilWlMeinam ef.alos:3r?ww u, rf?sh»e??w a,u!u?pw i;a,y rrC:?+acd mdL TtKUwmmin ,ndrnuub9 u,:7. rot OR Taeoowuoltoeer ? wnm;ouabk Mwwms uodw Engess Mss daisnam moosNUetiao issutviu is 3s4 GW ps+ . ? piety wb)sa [o ? amti of rs4o,44a per uoav?mcu TFnauusnre Wssble w aMprASt nWi astaslucm ? ,? 5340 = Ths wainueo indemnity l+Y+bk i+SIS,gW lcr ntr+Fffrd *+1u4 sw'N wuE pllHaosl a?as?et $ar?omaFie Msl M.nuU ,_..... ...._ ._ ,..,.?.....-,. ._._...., k4G084i}-'Ad MI Fa Idunoa*orco? r. N , 2845 i 6 Phelan Hallinan &. Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Kathleen Lak, Ext 1316 Representing Lenders in Service Depa ment Pennsylvania and New Jersey July 6, 2012 JAYSON BE?RS 3 HAZZA LANE ENOLA, PA X7025-1814 RE; GMA MORTGAGE, LLC v. JAYSON BEERS and STACEY LATHROP Premi es Address: 3 HAZZARD LANE, ENOLA, PA 17025-1814 CU I County, No. 11-9376-CIVIL Dear Defendants, E11c10ed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance w th CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, servico of the complaint by first class mail and posting of the mortgaged premises. Please respond to me within one we1ek, by J 1; 1 °'h 2'q 1 Shoulo you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very tru yours, Melissa J. C' twell, Esq., ICI: M)308912 Attorney for Plaintiff 284516 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Kathleen Lake, Ext 1316 Representing Lenders in Service Department Pennsylvania and New Jersey July 6, 2012 JA I YSON BEERS 9J BEALE AVE E14OLA, PA 17025-2806 RE: GMAC MORTGAGE, LLC v. JAYSON BEERS and STACEY LATHROP Premises Address: 3 HAZZARD LANE, ENOLA, PA 17025-1814 CUMBERLAND County, No. 11-9376-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail and po4ting of the mortgaged premises. Please respond to me within one week, by July 16, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Ot4erwise, please be guided accordingly. Ve%y tally yours, i, a J,v;ait??tll, I. Id. No.308912 or Plaintiff Attrney for' 284516 Phelan Hallinan & Schmieg, LLP 1617 JFIK Boulevard, Suite 1400 One Perin Center Plaza Philadelphia, PA 19103 215-563-7000 GMACI MORTGAGE, LLC Plaintiff vs. JAYS BEERS A/K/A JAYSON A. BEERS STAG LATHROP A/K/A STACEY R. LATHAOP Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No 11-9376-CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. JAYSON BEERS at: 3 HAZAARD LANE ENOLA, PA 17025 9 W BELLE AVE ENOLA'ti PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §49104 relating to unswom falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: Me issa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 284516 Phelan Hallman, LLP Jonathan Lobb, Esq., Id. No. 312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. JAYSON BEERS A/K/A JAYSON A. BEERS COURT' OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY STACEY LATHROP A/K/A STACEY R. LATHROP No. 11-9376-CIVIL ~-~ ~ n~ ~--::' Defendants ~' rn ~ `°' o -Ti =- r~ rn cn ~ ~ -~ ~~ AFFIDAVIT OF SERVICE BY ~;~ ~"`' '=- ~ ~ PUBLICATION IN ACCORDANCE WITH COURT ORDER ~.r. ~='` s~• _ ,_~ -;; , .~- c-~ ~. I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in ac~ornce with the Court Order dated September 12, 2012 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on November 7, 2012 and the Cumberland, County Law Journal on November 16, 2012. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: November 29, 2012 Phelan Hallman, L-LP ~ By: f ~.~L~/% . Jon an Lobb, Esq., Id. No. 312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEYS FOR PLAINTIFF PHS # 284516 KPL PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 November 16, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~. ~-- ~~ sa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 16 day of November, 2012 Notary Pa~J1ARIAL SEAL DE:BO°fiH A COLLlNS Notary Public CARLISLE BUROUGii, CUM6ERLAPdD COUNTY hey Commission Expires Apr 28, 2Q14 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IM MORT(3AQE FORECL03URE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 11-9376-CML GMAC MORTGAGE, LLC Plaintiff vs. JAYSON BEERS a/k/a JAYSON A. BEERS, STACEY LATHROP a/k/a STACEY R. LATHROP Defendants NOTICE To JAYSON BEERS: You aze hereby notified that on December 22, 2011, Plaintiff, GMAC MORTGAGE, LLC, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 11-9376-CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 3 HAZZARD LANE, ENOLA, PA 17025-1814 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are wazned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800j 990-9108 Nov. 16 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly swonl, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1.881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and publisht~d in the regular editions and issues of THE SENTINEL on the following day(s): November 7, 2012 COPY OF NOTICE OF PUBLICATION NOIIC~OP AC?IONJMI.~ORTC;4A~fssSE.FO$ECt„t~S~E IN THE COURT OF COMMON PLEAS Of CWrJtND COUNTY, PENNSYLVANIA CIVIL AC71t3N -LAW '~ GMAC MORTGAGE, LLC Plaintiff vs. JAYSON BEERS A/K!A JAYSON A, BEERS STACEYLATHROP A/K!A STACEY R, LATHROP Defendants NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-9378-CIVIL ToJAYSON BEERS: You are hereby notified that on December 22, 2011, Plaintiff, GMAC MORTGAGE, LLC, tiled a Mortgage Forecbsure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pbas of CUMBERLAND County Pennsylvania, docketed to No. 11-9378-CNIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property boated at 3 HA22ARD LANE, ENOLA, PA 17025-1814 whereupon your property would ba sold by the j Shertff of CUMBERLAND County. ~ You are hereby notified to plead to the above refsrenaed Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enterb written appearance parsotf'9y br~fn~'altbart8111syeYitf't~6-S~"eYDTCbjedtfons in writing wiCr the cewrt. You are wamad that ff you faN lnrto so the +oaso may proasd wthout you and a judgment may be entered against you without further notice for the 181Ief requested by the plakrtkf. You lnay bee money or property or other rights important b you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT E. If YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OF E CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. i IF YOU CANNOT AFFORDTO' HIRE A LAWYER, THkB OFFICE MAY BE A6kE TO PROVIDE YOU WITH INFORMATION ABOUT AGENC'IES' THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 1~0-FEE. - CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCWTION GUMBEftLAND COUNTY COURTHOUSE 2 LtBERTYAVENUE CARLISLE, PA 17013 717-249-3188 800-990-9108 Affiant further deposes that he/she is not interested in the subject matter of thi~ aforesaid notice or advertisement, and that all allegations in the foregoing statement a to time, place and character of publication are true. ~j _~ / ~ - Sworn to and subscribed before me this ~ ~i~ ~~ Notary Public My commission expires: FIL r Q-CFTICE PHELAN HALLINAN, LLP 0 T PRO THONO 7TAR( Attorney for Plaintiff 1013 HAY _6 One Penn Center Plaza AN 94 Qg K B Suite 1400 CU�� AND C. DUPdTY PhiladelP a PA 19103 ��� LVANIA matthew.brushwood @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JAYSON BEERS NO. 11-9376-CIVIL A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. LATHROP Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, STACEY LATHROP, A/K/A STACEY R. LATHROP,by certified mail and regular mail to STACEY LATHROP, A/K/A STACEY R. LATHROP at 3 HAZZARD LANE, ENOLA, PA 17025-1814 and posting 3 HAZZARD LANE, ENOLA, PA 17025-1814 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, STACEY LATHROP, A/K/A STACEY R. LATHROP, with the Notice of Sale at the mortgaged premises, 3 HAZZARD LANE, ENOLA, PA 17025-1814, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the property is vacant. 4. Attempts to serve Defendant, STACEY LATHROP, A/K/A STACEY R. LATHROP, with the Notice of Sale at 61 QUEEN AVENUE, ENOLA, PA 17025-2339have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant does not reside at the said address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of April 8, 2013, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 11, 2013 and requested Defendant' concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs April 11, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, STACEY LATHROP, A/K/A STACEY R. LATHROP, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to STACEY LATHROP, A/K/A STACEY R. LATHROP at 3 HAZZARD LANE, ENOLA, PA 17025-1814 and posting 3 HAZZARD LANE, ENOLA, PA 17025-1814 and by publication. Phela , LLP DATE: By: us ood, Esq., Id. No.: ttor ey for aintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 matthew.brushwood @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JAYSON BEERS NO. 11-9376-CIVIL A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. LATHROP Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, STACEY LATHROP, A/K/A STACEY R. LATHROP, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives,neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to STACEY LATHROP, A/K/A STACEY R. LATHROP at 3 HAZZARD LANE,ENOLA, PA 17025-1814 and posting 3 HAZZARD LANE, ENOLA, PA 17025-1814 and by publication pursuant to PA.R.C.P. 3129.2. Phela 1 DATE: 3 3 By: Brushwoo , Esq., Id. No.310592 ttorn for Plai iff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 matthew.brushwood @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JAYSON BEERS NO. 11-9376-CIVIL A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. LATHROP Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JAYSON BEERS, A/K/AJAYSON A. BEERS STACEY LATHROP, A/K/A 3 HAZZARD LANE STACEY R. LATHROP ENOLA, PA 17025-1814 3 HAZZARD LANE ENOLA, PA 17025-1814 Phelan ina , LLP DATE: By: w B shwood, Esq., Id. No.310592 Attorney f Plaintiff 9 EX !BIT GG » i L t J s i I 4 f { } 4 1 4 } 7 7 1 �i 1 3 284516 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS 4 284516 DEPENDANT SERVICE TEAM/My JAYSON BEERS A/K/A JAYSON A.BEERS COURT NO.:11-9376-CIVIL STACEY LATHROP A/K/A STACEY R.LATHROP SERVE STACEY LATHROP A/K/A STACEY R.LATHROP AT: TYPE OF ACTION 3 HAZZARD LANE XX Notice of Sheriff's Sale ENOLA,PA 17025.1814 SALE DATE: September 4,2013 SERVED Served and made known to STACEY LATHROP A/K/A STACEY R. LATHROP,Defendant on the day of 70 at o'clock_M.,at _ in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)residc(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 Heighl Weight Race Sex Other I, ,.a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C,S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: ... l`fq`I`: }R1ti 41 On the )d�day of � � 20 at Y tjsi`�Is3Gft M i :a competent adult hereby state that e en ant N ecause: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on Service Refused Other: 1jundersb3nd,thtit„tl)is statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn 10siiiaJti(3i BY•. Y12IN1'Ell it ATTORNEY FOR PLAIINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Process 5or,,tei: Cjieck List lf Ser-,,✓ice Is Made- tZpot!ses Nzirries if Applic-abl.e I R I sb a.n d Divorced: No f, No Servicc Made 1 Vacant Yes No 2 . is there a name on ma 11box? Is it. the defendants'? 3 . Neighbor Contact : Yes No Left Side : 1-7p* r 1P Right Side : 4.. For Sale Sign: Yes No Realtor Name : Company Name : Phone Number : S . Car in Drive Way Yes No Plate -NiUmbcr ; 6 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS 8 254516 DEFENDANT SERVICE TEAM/.Ixh JAYSON BEERS A/K/A JAYSON A.BEERS COURT NO.:11-9376-CIVIL STACEY LATHROP A/K/A STACEY R.LATHROP SERVE STACEY LATHROP A/K/A STACEY R.LATHROP AT: TYPE OF ACTION 61 QUEEN AVENUE XX Notice of Sheriff's Sale ; ENOLA,PA 17025.2339 SALE DATE: September 4,2013 SERVED Served and made known to STACEY LATHROP A/K/A STACEY R. LATI-IROP,Defendant on die day of 20_ at o'clock M.,at _ in the manner described below: _Defendant personally served. _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. i _Manager/Clerk of place of lodging in which Defcndant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other: 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: _ NAME:,. r PRINTED NAME:,. TITLE: 1 NQ r 5FRVT i7 Un t�1 t1,iCY Qf �� td fl ,at�16.t%clo M 1., e ...,_a competent adult hereby s St ire A rni: e)i 3rflltll3t Il� iVr I1t L'it 4(1 i _Vacant _Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on at :a{ —,Service Refused Other: I kinttelsttind dial this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn BY: y-. PRAN.m AM11% auO s1'I A l7RN:ISY 1 f)it,1?J.AIN�'1[n� t?l(clen Hallinan,LL.P 1617 JFK Boulevard,Suite 1400 One Penn Centcr Plaza Philadelphia,PA 19103 (215)563-7000 1� Process Server Check List If Service is Made : Spouses Names if Applicable Wife : Husband: Divorced: Yes { ? No m ,w.— s+ . �• - •+ Ye'r nra.r-.sr ew w s.a-.r.+Aa✓wr wr-d. � .. �„1� � - .. � ....,w ♦n....... No Service Made 1 . Vacant : Yes ( ) No ( ), 2 . Is there a name on th.e mailbox? Is it the defendants? 3 . Neighbor Contact : Yes ( ) No Left Side : Right Side: 4 . For Sale Sign: Yes ( ) No (' Realtor Name : Company Name : Phone Number: 5 Car in Drive Way Yes ( j No Plate Number: (�oy-nD n a� `T�r�S GIIJO�SS• EX IBI GG 99 0 z i i ' 2 1 284516 ;i AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 284516 Attorney Firm: Phelan Hallinan LLP Subject: Jayson Beers&Stacey Lathrop Current Address: 3 Hazzard Lane,Enola, PA 17025 Property Address, 3 Hazzard Lane,Enola,PA 17025 Mailing Address: 3 Hazzard Lane,Enola,PA 17025 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jayson Beers-xxx-xx-0767 Stacey Lathrop-xxx-xx-0160 B. EMPLOYMENT SEARCH Jayson Beers&Stacey Lathrop-A review cif the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that)ayson Beers&Stacey Lathrop reside(s)at:3 Hazzard Lane, Enola,PA 17025, II. INQUIRY OF TELEPHONE COMPANY s A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Jayson Beers&Stacey Lathrop: s B. On 04-03-13 our office made several telephone calls to a possible phone number of the subject(s) (717)732-3421 and received the following information:answering machine. On 04-03-13 our office made a telephone call to a possible phone number of the subject(s) (717) 720-3003 and received the following information:wrong number. On 04-03-13 our office made a telephone call to a possible phone number of the subject(s) (717) 728-7470 and received the following information: disconnected. Ill.INQUIRY OF.NEIGHBORS On 04-03-13 our office made a phone call in an attempt to contact Fay E.Hazzard (717)732-0648,1 Hazzard Lane,Enola,PA 17025:spoke with anurudentified female who confirmed that Jayson Beers&Stacey Lathrop reside(s) at 3 Hazzard Lane, Enola,PA 1.7025. l.V. ADDRESS INQUIRY A. N.A'1IONAI.,ADDRESS UPDATE On 04-03-13 we reviewed the National Address database and found the following; information:Jayson Beers &Stacey Lathrop - 3 Hazzard Lane,Enola,PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the fol lowing is a possible mailing address: no addresses on file. o V.OTHER INQUIRIES A. DEATH RECORDS As of 04-03-13 Vital Records and all public databases have no death record on file for Jayson Beers&Stacey Lathrop, VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF.BIRTH Jayson Beers- 1979 Stacey Lathrop-1981 B. A.K.A. 3 Jayson A. Beers Stacey R.Lathrop *Our accessible databases have been checked and cross-referenced for the above named individual(s). *PIease be advised our database information indicates'the subject resides at the current address. z t I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S..Sec.4904 relating to unsworn falsification to authorities. The above'uiforrnatlon'is obtained from available public records ? and we are only:liable for the cost of the affidavit. • i i r 1 ' ' F 1 f BUT cc99 fr. ' f Name and Phelan Hallman,LLP N C. Address y 1617 JFK Boulevard,Suite 1400 0 t0 Of Sender One Penn Center Plaza ca CO N Philadelphia,PA 19103 LXH q, Line Article Number Name of Addressee Street,and Post Office Address _ . Ponta e � t' ��Q 1 STACEY LATHROP A/K/A STACEY R LATHROP $0.45 ; 3 HAZZARD LANE rn r; ENOLA PA 17025-1814 t ° m r ttz $0.45 RE:JAYSON BEERS A/KIA JAYSON A—BEERS(CUMBEIZI?ANn) TEAM 4 PHS t#28451611(121 $1.35 Pa Le 1 of I .. . .� Total Number of Total Number otheees Poatrnssw,Per(Name of The ful Idwaradon'oNYawe is requited on alt:domesticutdiaternationel registered trail.-The:m=imum indemnity payable Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction datrnncgotiabieAmments rmdcrExptess Mail:document re[onsnctioo itisruance is$50,000 per piece subject co a limit of SSOU;tl00,per oowrranoe:The maximum indentnity.payable on'Ettpiess Mail membnodise is'Wo The maximum indemnity payable is.525,000 foe ie istcred ormi;soot xdth gptiongl iaswancs Sec Domestic IniarT Manual RM S911=4 5921 for lieiftab'ons of cavcrs e. *"CONCURRENCE LET'T`ER*****LXH w • 284516 "i Phelan Hallinan, LLP r 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 i E-mail lily.hainey(a)phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey t 4 April 11,2013 STACEY LATHROP,A/K/A STACEY R. LATHROP 3 HAZZARD LANE ENOLA,PA 17025-1814 RE: GMAC MORTGAGE, LLC v. JAYSON BEERS and STACEY LATHROP Premises Address: 3 HAZZARD LANE,ENOLA,PA 17025-1814 CUMBERLAND County,No. 11-9376-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 18,2013. s S oii you have any further questions or concerns,please do not hesitate to contact me. Otieivv e j ;ease:be guided accordingly. ,Very, 1 burs; ti LY HA1NE , al)ssxstan r:?s elan Hallinan,LLP f 284516 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC CIVIL DIVISION Plaintiff NO. 11-9376-CIVIL V. JAYSON BEERS 427. A/K/A JAYSON A. BEERS STACEY LATHROP :2013 P07 '2: A/K/A STACEY R. LATHROP Defendant ORDER AND NOW,this day of Ka, 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant STACEY LATHROP, A/K/A STACEY R. LATHROP by: REGULAR MAIL TO STACEY LATHROP, A/K/A STACEY R. LATHROP at 3 HAZZARD LANE, ENOLA, PA 17025-1814 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO STACEY LATHROP,A/K/A STACEY R. LATHROP at 3 HAZZARD LANE, ENOLA,PA 17025-1814 Service by mail is complete upon the date of mailing POSTING 3 HAZZARD LANE, ENOLA, PA 17025-1814 vtktL PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: J. PHS #284516 (2. 1 �1_e.0-OF FICE T17i. Fr%owJ1d0iAW( Phelan Hallinan, LLP N13 JUL 25 Hsi 10: Zachary Jones, Esq., Id. No.310721 ATT I EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUI- One Penn Center Plaza PENNSYLVA141A Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants 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 December 22, 2011. 2. Judgment was entered on January 15, 2013 in the amount of$159,822.95. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. 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 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. 4. The Property is listed for Sheriffs Sale on September 4, 2013. 778348 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $151,788.59 Interest Through September 4, 2013 $24,908.48 Late Charges $372.54 Legal fees $2,675.00 Cost of Suit and Title $1,985.96 Property Inspections $224.50 Property Inspections to be paid $73.00 Appraisal/Brokers Price Opinion to be paid $95.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,944.00 Mortgage Insurance Premium to be paid $384.00 Non Sufficient Funds Charge $20.00 Escrow to be paid $3,446.25 Escrow Deficit $6,010.79 Suspense/Misc. Credits ($92.44) TOTAL $194,835.67 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. 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 Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. 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 July 16, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 778348 10. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge M.L. Ebert Jr. entered an order for Service Pursuant to Special Order of Court dated September 12, 2012 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,L P DATE: �— 7 r By: n , Esquire TT FOR PLAINTIFF 778348 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanliallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JAYSON BEERS A/K/A JAYSON A. BEERS and STACEY LATHROP A/K/A STACEY R. LATHROP 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 3 HAZZARD LANE, ENOLA, PA 17025-1814. 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,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 778348 cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 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 Defendants 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 Sheriff s 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 778348 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 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 s have 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 778348 Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 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 Sheriff s 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 Defendants 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 Sheriffs 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, Plaintiff s 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. 778348 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. Vl. 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 C enter, 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 778348 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. 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 778348 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. 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. 778348 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 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 Hallinan,LLP DATE: [ 1/ By: Xz� Z��— Za y , squire orney Plaintiff 778348 i Exhibit , 778348 Y' PHELAN HALLINAN,LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.307207 cCa 1617 JFK Boulevard,Suite 1400 c One Penn Center Plaza C— M.r Philadelphia,PA 19103 ATT0FN' t F-=j_E C z r*► 215-563-7000 V GMAC MORTGAGE,LLC CUMBERLAND COUNTY _ s m VS. COURT OF COMMON PLEA ° JAYSON BEERS A/K/A JAYSON A. CIVIL DIVISION BEERS . STACEY LATHROP A/K/A STACEY R No. 11-9376-CIVIL LATHROP PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO 4 ANSWER AND ASSESSMENT OF DAMACrQ` Hi 1MN TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAYSON BEERS A/K/A JAYSON A.BEERS and STACEY LATHROP A/K/A STACEY R LATHROP,Defendants for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint $159,822.95 TOTAL $159,822.95 I hereby certify that(1)the Defendants'last known addresses are 3 HAZZARD LANE, ENOLA,PA 17025-1814,61 QUEEN AVENUE,ENOLA,PA 17025-2339,and 9 W BEALE AVE,ENOLA,PA 17025-2806,and(2)•that notice has been given in accordance with Rule Pa.RC.P 237.1.`t Date "1 Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1�� tAAO PHS 4 284516 PR ONOTARY 284516 Exhibit "B" 778348 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Haliinan,LLP Representing Lenders in Pennsylvania JAYSON BEERS STACEY LATHROP A/K/A JAYSON A. BEERS A/K/A STACEY R. LATHROP 9 W BEALE AVE 3 HAZZARD LANE ENOLA,PA 17025-2806 ENOLA,PA 17025-1814 RE: GMAC MORTGAGE,LLC v. JAYSON BEERS,A/K/A JAYSON A.BEERS and STACEY LATHROP,,A/K/A STACEY R. LATHROP Premises Address: 3 HAZZARD LANE ENOLA,PA 17025 CUMBERLAND County CCP,No. 11-9376-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very trulq: o . ,.Esq.'Id.No.310721 orti Plaintiff 778348 �F N Name and Phelan Hallinan,LLP S Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza N Philadelphia,PA 19103 KVM a Line Article Number Name of Address Street and Post Office Address $0.4 e t a o 1 AAAA JAYSON BEERS $0.46 ae' 9 W BEALE AVE " wloc ENOLA PA 17025-2806 2 **** JAYSON BEERS $0.45 STACEY LATHROPa 3 HAZZARD LANE ENOLA PA 17025-1814 RE:JAYSON BEERS AWA JAYSON A.BEERS(CUMBERLAND) PH#778348/1200 Page 1 of 50.92 >•• 1 Total Nucaba of Total Numbaof Picew Postmnrtv,Per(Name of 76e full daluation of value h required on all domestic and intemathmal regielctcd mail.The met ' Pieces Listed by Sender Received n Post Office R—iving Employee) for the rtwnmuctmn of noonogotiable documents undo Exp=Mail document heommaion m picce xubjat to a limit of$300,000 pa aecotrence.The maximum indemnity payable on Express The maxim®indcmanity payable is 523,000 for registered—1,ac m with optional immane.See 8900 5913 and 5921 fm Rmitatiom of ' Form 3877 Facsimile 778348 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants 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 individuals on the date indicated below. JAYSON BEERS JAYSON BEERS A/K/A JAYSON A. BEERS A/K/A JAYSON A. BEERS 9 W BEALE AVE STACEY LATHROP ENOLA,PA 17025-2806 A/K/A STACEY R. LATHROP 3 HAZZARD LANE ENOLA,PA 17025-1814 Phelan Hallinan,LLP DATE: t 3 By: XneEsquire TT OR PLAINTIFF 778348 GMAC MORTGAGE, LLC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. -73 2 • JAYSON BEERS • A/K/A JAYSON A. BEERS • v' N STACEY LATHROP • A/K/A STACEY R. LATHROP : NO 11-9376 CIVIL �vu ORDER OF COURT r\7 AND NOW, this 29th day of July, 2013, 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 should not be granted; 2. The Defendants will file an answer on or before August 19, 2013; 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 Defendants file 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, \\*.-AN, M. L. Ebert, Jr., J. Zachary Jones, Esquire Attorney for Plaintiff /n/Jayson Beers 4 V • Stacey Lathrop Ilt Defendants ,y, ■bas •-■ A c il-�D-t1Fi=�t.t �f i He ft0 H0t.OTA t' Phelan Hallinan, LLP � � _9 (� Adam H. Davis, Esq., Id. No.2030314 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 Cl.MBERLAND COUNTY One Penn Center Plaza PENNSYB/ASIA Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JAYSON BEERS JAYSON BEERS A/K/A JAYSON A. BEERS A/K/A JAYSON A. BEERS 9 W BEALE AVE STACEY LATHROP ENOLA,PA 17025-2806 A/K/A STACEY R. LATHROP 3 HAZZARD LANE ENOLA, PA 17025-1814 Phelan Hallinan,LLP DATE: By: ^� Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff 778348 0 F F i-;'iE 14-IP PiROTHONOTAR';' PHELAN HALLINAN,LLP 2813 AUG -AtotQ&Paintiff Adam H.Davis,Esq.,Id.No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanRallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE,LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JAYSON BEERS A/K/A JAYSON A.BEERS STACEY LATHROP A/K/A STACEY R.LATHROP No.: 11-9376-CIVIL Defendant(s) 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". Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: 6r& 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#778348 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9376-CIVIL JAYSON BEERS A/K/A JAYSON A.BEERS STACEY LATHROP A/K/A STACEY R.LATHROP Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 3 HAZZARD LANE,ENOLA,PA 17025-1814. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JAYSON BEERS A/K/A JAYSON A.BEERS 9 W BEALE AVE,ENOLA,PA 17025-2806 STACEY LATHROP A/K/A STACEY R. 3 HAZZARD LANE,ENOLA,PA 17025-1814 LATHROP 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JAYSON BEERS A/K/A JAYSON A.BEERS 9 W BEALE AVE ENOLA,PA 17025-2806 STACEY LATHROP A/K/A STACEY R. 61 QUEEN AVENUE LATHROP ENOLA,PA 17025-2339 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) CITIBANK,N.A. 701 EAST 60TH STREET NORTH SIOUX FALLS,SD 57117 CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ. PROBATION CARLISLE,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#778348 1 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 3 HAZZARD LANE ENOLA,PA 17025-1814 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: ��. 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#778348 Name and Pbelm Halligan,LLP Address 1617 JFK Boulevard,Suitt 1400 <0 C Of Sender OM Pear Center Plaza IV.- # Philadelphia,PA 19103 AZKJJSG-09/04/2013 SALE 0 Line Article Number Nam of Addressee,Street,and Post Office Addreu Postage w^ �� 0 CUMBERLAND COUNTY ADULT PROBATION S0.46 '+�f c 1 COURTHOUSE SQ. o CARLISLE,PA 17013-3387 t aeti RE:JAYSON BEERS A/KJA JAYSON A.BEERS(CUMBERLAND) PH#778348/1026 page 1 of 50.46 f No°o 1 45 Da Tart Number of - Teat 14-0,0(pim" A000sstt..Prr(Name of The Pon deelaman of value is mqubsd on all domestic w*5 h emaionl rtghlemd maiL Tte, Nom I.Ftted by Sailer Reeehed u Host ollve R"xW m F.mpbyet) for the rcto,ssmrtkm of ronnegoti"docvrmauwdv Eeprem Mail docunem,edonsttudior MR` piece abject to s licit otSS00A00 per oamxrax.The aax m m indemnity payable on liaprt The m Lrwm indcowhy paNble b 525.000 foe rtgWcmd rmil,sea with oploml imurvke. R90D 5913 afd 5921 for 1'mutatiom of V. Form 3877 Facsimile PH#778348 t lame and Phelan Hallinan,LLP tddress 1617 JFK Boulevard,Suite 1400 N Sender One Penn Center Plaza Philadelphia,PA 19103 AZK/CMS-09/04/2013 SALE a line Article Number; Name of Addressee,Street and Post Office Address Posta 0, w 1 "«** TENANT/OCCUPANT SO.4d ':;APR22 C3 W 3 HAZZARD LANE 1 w .,40 ENOLAJ PA 17025-1814 .2 **`« Citibank,N.A. SOA4 N w�I 701 East 60th Street North . j Moo Sioux Falb,SD Cumberland County 3 `•«• Domestic Relations of SO.44 ' 13 North Hanover Street Carlisle,PA 17013 4 «"*` Commonwealth or Pennsylvania $0.44 Department of Welfare 7 P.O.Box 2,675 Harrisburf.PA 17105 5 CITIBANK,N.A. C./O TRENTON A.FARMER,ESQUIRE 1060 ANDREW DR STE 170 WEST CHESTER PA 19380 6 '**' Internal Revenue Service Advisory $0.44 1000 Liberty Avenue Room 704 Pittsburph,PA 15222 7 •*`* U.S.Department of Justice SO." U.S.Attorney for the Middle District of PA Federal Building 228 Walnut Street,Suite 220 ,PO Box 11754 Harrisburg,PA 171M1754 8 "« Department of Public Welfare,TPL Casualty Unit,Estate Recovery Program P.O.Box 8486 Willow Oak Building Harrisburg,PA 17105 Commonwealth of Pennsylvania,Bureau of Individual Tax,Inheritance Tax.Division 61h Floor,Strawberry Sq.Dept 280601 s Harrisburg,PA 17128 RE:JAYSON BEERS ABUA JAYSON A.BEERS(CUMBERLAND) PHS 4 28451,6/1021 Page I of 52.64 Writ Team 1 Number nr Top!Nombtr or Pr Postmaster:Pe(Name or The faR deelatation of.ah*is tegohed oa all doraesiic and imttnpional mgist&cd mail:T8t m Amain irakmtty pfyablt is Listed by Sender Rocdttd to Pmt Ofrw Reeei ing Emplo)ee) tot the«mmirwim of tioantgotiable loam as-krt]rprw Moo dmunim rawmstructim im—is S50,060 pe pier sabjea to a limit o(SSOD•t10o per oxturence.The tti-i am indemnity payobk.oo Eapras Mail inach"ise is$500, The maximum indemnity payable is 525,000 fbc mliivaed mail,sera uilh optimal im m,,oc.See t'bmcstk Mal\lamul R900 5913 and 5921 for irmitmions rm 3877 Facsimile Phelan Hallinan,LLP - -- --Or i FfL P't07F{G'NQrA:i i - - Jonathan M. Etkowicz; Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 2013 AUG 23 AM 10. 11 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff - - - - -- Civil Division- vs. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 16, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about July 29, 2013 directing the Defendants to show cause by August 19, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 778348 5. Defendants failed fo respond or otherwise plead by the Rule Returnable date'of August 19, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP — - DATE: By. - ath . Et owicz, Esq.,Id.No.208786 A orney for Plaintiff 778348 Exhibit "A" 778348 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 ruly-15,.20.13 JAYSON BEERS STACEY LATHROP A/K/A JAYSON A. BEERS A/K/A STACEY R. LATHROP 9 W BEALE AVE 3 HAZZARD LANE ENOLA,PA 17025-2806 ENOLA,PA 17025-1814 RE: GMAC MORTGAGE, LLC v. JAYSON BEERS,A/K/A JAYSON A. BEERS and STACEY LATHROP,A/K/A STACEY R. LAT14ROP Premises Address: 3 HAZZARD LANE ENOLA,PA 17025 CUMBERLAND County CCP,No. 11-9376-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. he , o Esq.. Id. No.310721 Plaintiff 778348 o ai n Name and _Phelan Hallinan,LLP Address 1617 JFK•Boulevard,Suite 1400 — - -- —---Mender One Penn Center Plaza Philadelphia,PA 19103 KVM M o Line Article Number Name of Addressee,Street and Post Office Address Postage 1 •«•• JAYSON BEERS t _�' $0.46 a av 9 W BEALE AVE ENOLA PA 17025-2806 2 «««• JAYSON BEERS $0.46 STACEY LATHROP i 3 HAZZARD LANE ENOLA PA 17025-1814 RE:JAYSON BEERS AWA JAYSON A.BEERS(CUMBERLAND) PH#778348/1200 Page 1 of $0.92 s. 1 Total Number of Total Number of Pisa Poshnaster,Per(Name of The toll dedwation of value is required on all domvtic and international registered—1.The mu Pieces Listed by Sender 12to6ved at Post Office Retcivior Employee) far the seeao.W¢tioo of nonnegotiable doenments undrr Express Mail document recMStsllCtion m piece subject to a limit of 5500,000 per ocenmerrce.The maximum indemnity payable ao Express The.—,k—en indemnity pryable is S25,000 for registered mvl,sem with optiotrol insurosrce.S- i.itationsofcoverw. -- , Form 3877 Facsimile 778348 Exhibit "B" 778348 -GMAC MORTGAGE, LLC. IN THE COURT OF COMMON PLEAS OF PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA V. JAYSON BEERS MUD C A/K/A JAYSON A. BEERS — STACEY LATHROP cnr -C4 -i A/K/A STACEY R. LATHROP NO. 11-9376 CIVIL r--:• vc ORDER OF COURT �- AND NOW, this 291h day of July, 2013, upon consideration of the Plaintiff's Motion ta) Reassess 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 19, 2013; 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 Defendants file 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, M. L. Ebert, Jr., J. Zachary Jones, Esquire Attorney for Plaintiff Jayson Beers Stacey Lathrop Defendants bas Exhibit "C" Phelan Hallinan, LLP Adam.H. Davis, Esq., Id. No.203034 _� 1 AU X'TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 t, }, ;; One Penn Center Plaza 0 ;11�1EZ1-1,``D C0U' Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 1.1-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 2013 Rule directiiif�; the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JAYSON BEERS JAYSON BEERS A/K/A JAYSON A. BEERS A/K/A JAYSON A. BEERS 9 W BEALE AVE STACEY LATHROP ENOLA,PA 17025-2806 A/K/A STACEY R. LATHROP -- —: 3 HAZZARD LANE _ ENOLA,PA 17025-1814 Phelan Hallinan, LLP DATE:, / �� By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 778348 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 VS. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL STACEY LATHROP A/K/A STACEY R. LATHROP Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JAYSON BEERS JAYSON BEERS A/K/A JAYSON A. BEERS A/K/A JAYSON A. BEERS 9 W BEALE AVE STACEY LATHROP ENOLA,PA 17025-2806 A/K/A STACEY R. LATHROP 3 HAZZARD LANE ENOLA, PA 17025-1814 Phel inan LP DATE: 13 _ By. Jo n M. ftkowicz,Esq., Id. No.208786 Attorney for Plaintiff 778348 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA. GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division c r - vs. CUMBERLAND Cf r JAYSON BEERS can v N a A/K/A JAYSON A. BEERS No.: 11-9376-CIVIL,� _ STACEY-LATHROP __-_, c) = - , A/K/A STACEY R. LATHROP ©r Defendants w ORDER AND NOW, this `1„i'� day of N0)0 , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendants 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 $151,788.59 Interest Through September 4, 2013 $24,908.48 Late Charges $372.54 Legal fees $2,675.00 Cost of Suit and Title $1,985.96 Property Inspections _. . _ __ $297.50 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,944.00 Mortgage Insurance Premium to be paid $384.00 Non Sufficient Funds Charge $20.00 Escrow to be paid $3,446.25 Escrow Deficit $6,010.79 778348 - Suspense/Misc. Credits ($92.44) TOTAL $194,835.67 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. BY THE COURT: J. LL J��ao�a�2s $128/i3 778348 FILED-OFFICE PROTHONOTARY PROTHONOTARY PHELAN HALLINAN, LLP THE" R Attorney for Plaintiff 20113 SEP 10 AN 9: 57 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION JAYSON BEERS NO. 11-9376-CIVIL A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. LATHROP Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to STACEY LATHROP A/K/A STACEY R. LATHROP on MAY 16, 2013 in accordance with the Order of Court dated MAY 8, 2013. The property was posted on MAY 20, 2013. Publication was advertised in THE CUMBERLAND LAW JOURNAL on MAY 24, 2013 & in THE SENTINEL on MAY 22, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phela 1' n, LLP DATE: By: r orneis ael Kolesnik, Esq., Id.No.308877 y for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CIVIL DIVISION Plaintiff : NO. 11-9376-CIVIL V. JAYSON BEERS A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. LATHROP Defendant ORDER { AND NOW, this day of M 4 Y , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant STACEY LATHROP, A/K/A STACEY R. LATHROP by: Z� REGULAR MAIL TO STACEY LATHROP, A/K/A STACEY R. LATHROP at 3 HAZZARD LANE, ENOLA, PA 17025-1814 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO STACEY LATHROP, A/K/A STACEY R. LATHROP at 3 HAZZARD LANE, ENOLA, PA 17025-1814 Service by mail is complete upon the date of mailing POSTING 3 HAZZARD LANE, ENOLA, PA 17025-1814 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: J. PI-IS # 284516 Name and PHELAN HALLINAN& SCHMIEG C1 M Address One Penn Center at Suburban,Suite 1400 � o of Sender Philadelphia,PA 191.03 (0 N z Line Article Name of Addressee,Street,and Post Office Address Postage 0 Number ^ 0 < STACEY LATHROP A/K/A STACEY R.LATHROP HAZZARD LANE t I c NOLA,PA 17025-1814 **** 2 N O O 3 **** 4 **** 5 —_'_ g 9 **** 10 • **** 11 **** 12 :. STACEY LATHROP PHS# 284516 Total Number of Total Number of Pieces .Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 7f78 2417 6099 0135 6736 LXH/284516 STACEY LATHROP A/K/A STACEY R. LATHROP 3 HAZZARD LANE ENOLA, PA 17025-1814 --fold here(regular) --fold here(60) --fold here(regular) USPS.com®- Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register I Sign In AGUSPS.Comf Search USPS.c:om or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GE`tA.AA!LUPDA?L$ PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION FEATURES 71782417609901356736 First-Class Mail® Delivered May 28,2013,9:30 am PHILADELPHIA,PA 19103 Scheduled Delivery Day: May 18,2013 Certified Mail° Return Receipt Electronic Available for Pickup May 24,2013,11:33 am PHILADELPHIA,PA 19103 Arrival at Unit May 24,2013,10:35 am PHILADELPHIA,PA 19104 Processed through May 24,2013,12:04 am PHILADELPHIA,PA 19176 USPS Sort Facility `Processed through May 23,2013,2:38 pm PHILADELPHIA,PA 19176 USPS Sort Facility Processed through May 22,2013,4:31 pm :LANCASTER,PA 17804 -:USPS Sort Facility Processed through May 21,2013,11:25 pm LANCASTER,PA 17604 USPS Sort Facility Undeliverable as May 18,2013,9:11 am ENOLA,PA 17025 Addressed Processed through May 17,2013,11:08 pm HARRISBURG,PA 17107 USPS Sort Facility Depart USPS Sort !May 17,2013 PHILADELPHIA,PA 19176 Facility Processed at USPS May 16,2013,10:15 pm PHILADELPHIA,PA 19176 Origin Sort Facility Accepted at USPS May 16,2013,9:00 pm PHILADELPHIA,PA 19103 Origin Sort Facility Electronic Shipping Info May 16,2013 Received Check on Another Item What's your label(or receipt)number? Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Horne: Business Customer Gaieway,> Terms of Use) Buy Stamps R Shop> Newsroom i Postal Inspectors) FOIA.> Print a Label with Postage> USPS Service Alerts> Inspector General> No FEAR Act EEO Data, Customer Service> Forms&Pu blialions> Postal Explorer) Delivering Solutions to the Las',Mile, Careers Site Index> Copydgh;3 2013 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfim Action.action?tLabels=71782417609901356736 8/28/2013 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS#284516 w DEFENDANT SERVICE TEAM/snl JAYSON BEERS A/K/A JAYSON A.BEERS COURT NO.:11-9376-CIVIL STACEY LATHROP A/K/A STACEY R.LATHROP SERVE STACEY LATHROP A/K/A STACEY R.LATHROP AT: TYPE OF ACTION 3 HAZZARD LANE XX Notice of Sheriffs Sale ENOLA,PA 17025-1814 SALE DATE:09/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to STACEY LATHROP A/K/A STACEY R LATHROP, Defendant on the 210 day of MIN ,20 1�_,at L1451 o'clock p.M.,at 3 HAZZARD LANE,ENOLA,PA 17025-1814,in the manner described below: Defendant personally se ved. _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. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I,A9Abi-0 %60A ,a competent adult,hereby verify that 1 personally posted the property with a true and correct copy of the Notice of Sheriff's 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: 20 r3 NAME: ZG oj� P RINTED NAME.. TITLE: ' .yJ 1 r - Cas S � NOT SERVED On the dy of 20 ,at o'clock M.,I, e ]3D Tecaus_e: a competent adult hereby state that a nd T O _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 Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077' Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id..No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.'Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 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 May 24, 2013 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. tWa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 24 day of May, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-9376-CIVIL GMAC MORTGAGE,LLC VS. JAYSON BEERS and STACEY LATHROP a/k/a STACEY R. LATHROP NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: STACEY LATHROP a/k/a STACEY R. LATHROP Being Premises: 3 HAZZARD LANE,ENOLA, PA 17025-1814. Being in EAST PENNSBORO TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 09-14-0837-003. Improvements consist of residen- tial property. Sold as the property of JAYSON BEERS and STACEY LATHROP a/k/a STACEY R. LATHROP. Your house(real estate)at 3 HAZ- ZARD LANE,ENOLA,PA 17025-1814 is scheduled to be sold at the Sheriff's Sale on September 4,2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $159,822.95 obtained by, GMAC MORTGAGE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff May 24 10 PROOF OF PUBLICAT ION State of Pennsylvania, County Of Cumberland ackie Cox Sales Director, of The Sentinel, of the County and State aforesaid be' sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in Borough of Carlisle County being duly ty and State aforesaid, was established December 13th the since which date THE SENTINEL has been re . 1881, Printed notice or publication attached hereto is exactly the Same alsd was County, published in the regular editions and issues of and that the THE SENTINEL on the following day(s). p d and May 22 2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFFS SALE Affiant further deposes that he/she is not IN THE COURT OF COMMON PLEAS interested in the subject matter of the OF CUMBERLAND COUNTY,PENNSYLVANIA NO.11-9376-CIVIL aforesaid notice or advertisement, and that GMAC MORTGAGE,LLC all allegations in the foregoing statement as Vs. JAYSON BEERS and STACEY LATHROP A/K/A STACEY R.LATHROP to time,place and character Of publication NOTICE TO:STACEY LATHROP A/K/A STACEY R.LATHROP are true. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises:3 HAZZARD LANE,ENOLA,PA 17025-1814 Being in EAST PENNSBORO TOWNSHIP,County of CUMBERLAND, Commonwealth of Pennsylvania,09-14-0837-003 Improvements consist of residential property. I Sold as the property of JAYSON BEERS and STACEY LATHROP A/K/A STACEY R.LATHROP Your house(real estate)at 3 HAZZARD LANE,ENOLA,PA 17025-1814 is scheduled to be sold at the Sheriffs Sale on 09/04/2013 at 10:00 AM,at the SwOr to and subscribed before CUMBERLAND County Courthouse,1 Courthouse Square,Room 303, ^ me this Carlisle,PA 17013,to enforce the Court Judgment of$159,822.95 obtained by,GMAC MORTGAGE,LLC(the mortgagee),against the above premises. ✓� PHELAN HALLINAN,LLP Attorney for Plaintiff —r..�T.v—•n.�,..�a.._^'T4°^.q.v....t.�•r.n�wnFrw.��...v_ ry Notary Public My commission expires: E NOTARIAL SEAL MBI ANN HECKENDORN Notary Public OROUGH, CUMBERLAND CNTY ission Expires Jan 27, 2p14 PHELAN HALLINAN, LLP ` �a'��-� 'ON6 q Attorney for Plaintiff t^Up 16 a�� r 1617 JFK Boulevard, Suite 1400 PpER� `10. Q3 One Penn Center Plaza E��S yL d CpU T Philadelphia, PA 19103 �f�/q y 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION JAYSON BEERS NO. 11-9376-CIVIL A/K/A JAYSON A. BEERS STACEY LATHROP A/K/A STACEY R. LATHROP Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 1 hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to JAYSON BEERS A/K/A JAYSON A. BEERS on APRIL 1, 2013 in accordance with the Order of Court dated SEPTEMBER 12, 2013. The property was posted on APRIL 7, 2013. Publication was advertised in THE SENTINEL on APRIL 4, 2013 &in THE CUMBERLAND LAW JOURNAL on APRIL 12, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unswom falsification to authorities. Phelan Hallinan, LLP DATE: By: IA Oft V "H1 J Meredith Wooters, Esq.,Ia. No.307207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY,PENNSYLVANIA GMA GE,LLC Court of Common Pleas � __Go" Plaintiff Civil Division. VS. CUMBERLAND County JAYSON BEERS A/K/A JAYSON A.BEERS STACEY LATHROP A/K/A STACEY R No. 11-9376-CIVIL LATHROP Defendants ORDER VA AND NOW,this A2 day of ,2012,upon consideration of P motion for Service Pursuant to Special Order of Court,it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on.the above captioned Defendants,JAYSON BEERS,by: ANORMW Posting of the premises: 3 HAZZARD LANE,ENOLA,PA 17025 by the Sheriff or a non-party competent adult,and 2. First class mail to JAYSON BEERS at the last known address,9 W BEALE AVE,ENOLA,PA 17025, and the mortgaged premises located at 3 HAZZARD LANE,ENOLA,PA 17025. A.rfA41 .� 3. Publication in accordance with PA.R.C.P.430. 11J�(�},,,�, It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: Cc JAYSON BEERS 3 HAZZARD LANE, . t-- ENOLA,PA 17025-1814 9 W BEALE AVE ' ENOLA,PA 17025-2806 Y►Z � PHS#284516/KPL I N O M Name and PHELAN HALLINAN&SCHMIEG 0 ° Address One Penn Center at Suburban,Suite 1400 N o of Sender Philadelphia,PA 19103 ►- p Ir ¢ Line Article Name of Addressee,Street,and Post Office Address Postage .21 w Number 1 '*" JAYSON BEERS A/K/A JAYSON A.BEERS W BEALE AVE NOLA PA 17025 -+ N o°o 2 JAYSON BEERS A/K/A JAYSON A.BEERS HAZZARD LANE NOLA,PA 17025-1814 } 3 **** F. 4 **** a. 5 'cFfA.. r,1 7 **** r 8 **** 9 **** 10 **** 11 **** 12 % JAYSON BEERS A/K/A JAYSON A.BEERS PHS#284516 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS#284516 DEFENDANT SERVICE TEAM/syl JAYSON BEERS A/K/A JAYSON A.BEERS COURT NO.:11-9376-CIVIL STACEY LATHROP A/K/A STACEY R.LATHROP SERVE JAYSON BEERS A/K/A JAYSON A.BEERS AT: TYPE OF ACTION 3 HAZZARD LANE XX Notice of Sheriffs Sale ENOLA,PA 17025-1814 SALE DATE:09/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and inade known to JAYSON BEERS A/K/A JAYSON A. BEERS, Defendant on the day of �,l� ,20'B at '3 oclock M.,at 3 HAZZARD LANE,ENOLA,PA 17025-1814,in the manner described below: 0 _Defendant personally se fed. 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. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other 1, PA. . S a competent adult,hereby verify that I personally posted the property with a true and correct copy of t e Notice of Sheriff's 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. 9 DATE: A NAME: S PRINTED N ME: TITLE: Or o C eS-1' -2.`�Q(� NOT SERVED On the dayy of 120 ,at o'clock_.M.,I, a competent adult hereby state that eTendant N707700 ecause: _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 Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinah,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Ron Thayer,Sales Manager,of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 4, 2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA N0.11-9376-CIVIL Affiant further deposes that he/she is not GMAC MORTGAGE,LLC interested in the subject matter of the JAYSON BEERS and STACEY LATHROP aforesaid notice Or advertisement, and that NOTICE TO:JAYSON BEERS NOTICE OF SHERIFF'S SALE OF REAL all allegations in the foregoing statement as PROPERTY to time,place and character of publication Being Premises:3 HAZZARD LANE,ENOLA,PA 17025-1814 are true. Being in EAST PENNSBORO TOWNSHIP',County of CUMBERLAND, Commonwealth of Pennsylvania,09-14-0837-003 Improvements consist of residential property. Sold as the property of JAYSON BEERS and STACEY LATHROP Your house(real estate)at 3 HAZZARD LANE,ENOLA,PA 17025-1814 is scheduled to be sold at the Sheriffs Sale on 09/0412013 at 10:00 AM,at the CUMBERLAND County Courthouse,1 Courthouse Square,Carlisle,PA 17013,to enforce the Court Judgment of$159,822.95 obtained by,GMAC MORTGAGE,LLC(the mortgagee),against the above premises. ,PHELAN HALLINAN,LLP SWOTn t and subscr' ed befo me this f Attorney for Plaintiff c Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 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 12,-2013 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. i�� Li Va Marie Coyne Lditor SWORN TO AND SUBSCRIBED before me this 12 dgy of April, 2013 Notary �Xo ry C NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 V q . CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County,Pennsylvania NO. 11-9376-CIVIL GMAC MORTGAGE,LLC vs. JAYSON BEERS and STACEY LATHROP NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JAYSON BEERS Being Premises: 3 HAZZARD LANE,ENOLA,PA 17025-1814. Being in EAST PENNSBORO TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 09-14-0837-003. Improvements consist of residen- tial property. Sold as the property of JAYSON BEERS and STACEY LATHROP. Your house(real estate)at 3 HAZ- ZARD LANE,ENOLA,PA 17025-1814 is scheduled to be sold at the Sheriff's Sale on September 4,2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of$159,822.95 ob- tained by, GMAC MORTGAGE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff Apr. 12 10 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .Jody S Smith Chief Deputy 2�tI3 NOV 22 Richard W Stewart Solicitor r�� Solicitor OFF ICE F rKE RERfrF PEPd�r 5 YLVA h'1,� '. � GMAC Mortgage, LLC Case Number vs. 2011-9376 Jayson A. Beers a/k/a Jayson A. Beers(et al.) SHERIFF'S RETURN OF SERVICE 07/01/2013 Shawn Harrison, Deputy, being duly sworn according to law, 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 3 Hazzard Lane, Enola, PA 17025. 07/10/2013 Sgt. Jason Vioral, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jason A. Beers at the Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013, defendant stated at time of service that 3 Hazzard Lane, Enola, PA 17025 is still a valid address for him. 07/16/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Stacey R. Lathrop, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 61 Queen Avenue, Enola, PA 17025, defendant no longer resides at address provided, forwarding order at the post office is expired. 09/04/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04,2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $881.28 SO ANSWERS/, November 20, 2013 RbNW R ANDERSON, SHERIFF 2-aS- pt !�'P WA /= 9 553�' ;C;Coun;ySuite Sheriff,Teleosoft,Inc. ,W On June 4, 2013 the Sheriff levied upon the ' defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 3 Hazzard Lane, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date; June 4, 2013 By; Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2011-9376 Civil Term GMAC MORTGAGE,LLC vs. JAYSON A. BEERS a/k/a Jayson A. Beers,Stacey R. Lathrop a/k/a Stacey Lewis, Atty.:Joseph Schalk By virtue of a Writ of Execution NO. 11-9376-CIVIL, GMAC MORT- GAGE, LLC vs. JAYSON BEERS A JAYSON A. BEERS, STACEY LATH- ROP a/k/a STACEY R. LATHROP owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania. being 3 HAZZARI)LANE,ENOLA,PA 17025-1814. Parcel No. 09-14-0837-003. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$159,822- .95. 27 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: July 26, August 2 and August 9, 2013 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. ' � J Lis Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this dav of Au must, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY my Commission Expires Apr 28,2014 The Patriot-News Co. ` 1900 Patriot Drive t4t atr1*otwXews Mechanicsburg, PA 17050 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 M14=04111mn Ilk 08/04113 GMAC MORTGAGE,LLC � V& 08/11/13 aAYStN1 A.t3EERti,a/kta Jayson A.Beers Stay R.Lathrop yapc/a Stacey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fi.wts , Atty: Joseph.Schalk By, virtue of a Writ,of F moution No. Swo to an subsc be before me this day of August, 2013 A.D. 11-W7&C1v1L GMAC MORTGAGE,LLC V& 3AYSON BEERS A 7AYSON A.BEERS, NcEA ubiic SIAM LATHROP AVA SPACEY it LAMOP owne4s) of property situate in the TOWNSHIP OF EAST' 'PENNSBORO, Cumberland County,Pennsylvania:being (Municipality) COMMONWEALTH OF PENNSYLVANIA 3 HAZZARI)LANE,ENOLA,PA 17025- Notarial Seal 1814 Holly Lynn Warfel,Notary Public ParM No.09-14-0$37-003 Washington Twp.,Dauphin County (Acreage or street address) My Commission Expires Dec.12,2016 Improvements thereon: RESIDENTIAL MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES DWELLING IUDGMENTAMOUNI`$159,822.95 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 6th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 9376, at the suit of GMAC Mortgage LLC against Jayson Beers A/K/A Jayson A. Beers and Stacey Lathrop A/K/A Stacey R. Lathrop is duly recorded as Instrument Number 201337494. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 12-d day of A.D. oZ Recorder of Deeds iecorder of Deed mbeiiand County,Carlisle,PA Oy Commission Expires the Fast Monday of Jan.2014