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HomeMy WebLinkAbout12-0145SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff v .. n ._ ?pt? of `u?tty?rr/.r Jody S Smith 7 12 F [r -7 PM 12, I. 2 Chief Deputy t t _ Richard W Stewart ?''cr r ??c -E R1F'F i? N} °?J I LYA' t°" t 1 7f'1 Solicitor (5 ? fR'ji F ' [C4,., Ner GMAC Mortgage, LLC; vs. Matthew D. Mueller (et al.) Case Number 2012-145 SHERIFF'S RETURN OF SERVICE 02/03/2012 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: Matthew D. Mueller, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Matthew D. Mueller. Request for service at 16 W. Schoolside Drive, Mechanicsburg, Pennsylvania 17055 has personal effects in the residence but the utilities are shut off. Matthew D. Mueller is still receiving his mail at this address. 02/03/2012 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 L. Mueller, 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 L. Mueller. Request for service at 16 W. Schoolside Drive, Mechanicsburg, Pennsylvania 17055 has personal effects in the residence but the utilities are shut off. Stacey L. Mueller is still receiving his mail at this address. SHERIFF COST: $74.00 February 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF {cj i-ounfySulte Sheriff. Teiaosof(, Inc E a Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. MATTHEW D. MUELLER STACEY L. MUELLER Defendants ?J f f; f 2 A11 9: U 9 '`!PIBERLAND COUNT-( "F-tIiiS i L-VANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : No. 2012-145 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 0 aM??111-7 C?? i?V4?S lZ?V a?aac? TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAL N CHMIEG, LLP By: ? Lawre e T. Phelan, Esq., Id. No. 32227 ? Fr is S. Hallinan, Esq., Id. No. 62695 ? D iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? bert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq.., Id. No. 308877 Attorneys for Plaintiff Date: March 5, 2012 kpl, Svc Dept. File# 276693 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor GMAC Mortgage, LLC vs. Matthew D. Mueller (et al.) attUt Gil lla ?7£tf Y ,a t'.ws r r ? , L, L- i Case Number 2012-145 SHERIFF'S RETURN OF SERVICE 03/21/2012 04:50 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2012 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew D. Mueller, by making known unto William Mueller, Father of Defendant at 305 E. Main Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 2?;? , M SNAAN GU LL, DEPUTY 03/28/2012 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 L. Mueller, 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 L. Mueller. Request for service at 305 E. Main Street, Camp Hill, Pennsylvania 17011 the Defendant was not found. Deputies were advised by the Defendant's Ex Father In Law that she has not resided at this address in years. The Camp Hill Postmaster has confirmed, Stacey L. Mueller is not known at this address. SHERIFF COST: $79.00 March 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c; Gbu, ? ni -. 3h? F`;t Ft,°CFFICE Phelan Hallinan & Schmieg, LLP e ' ,CT'rj0K8TARY 1617 JFK Boulevard, Suite 1400 9: 25 One Penn Center Plaza " I 3t sl Philadelphia, PA 19103 215-563-7000 r'jM#??-AhD C4u'TY e?-J.jNSYLVAN1A Attorney for Plaintiff GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER ; STACEY L. MUELLER No. 2012-145 CIVIL Defendants ; MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable for an Order directing service of the Complaint upon the above-captioned Defendant, STACEY L. MUELLER, by first class mail to STACEY L. MUELLER at the mortgaged premises, ? 6 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055; posting of the mortgag d premises, 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055; and publicati n pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1 1. Attempts to serve Defendant, STACEY L. MUELLER, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055. As indicated by the Return of Service, no service was made a: said property may be vacant. A true and correct copy of the Return of Service is attached heretc made part hereof, and marked as Exhibit "A". 2. The Sheriff of CUMBERLAND County attempted to serve the Defendant at 309 E MAIN STREET, CAMP HILL, PA 17011. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the of Service is attached hereto, made part hereof, and marked as Exhibit "B". 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 hereof, and marked as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of May 22, 2012, no Judge previously entered a ruling in this case,. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent copy of its Proposed Motion for Special Service and Order to the Defendant on June 1, 2012 an requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs June 1, 2012 letter and postmarked certificate 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 July 6, 2012 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. 2 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. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: B( Attorney for Plaintiff Melissa J. Cantwell, Esq. ID 308912, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No. 2012-145 CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 1. FACTUAL BACKGROUND Attempts to serve Defendant, STACEY L. MUELLER, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055, and 305 E MAIN STERET, CAMP HILL, PA 17011. 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 Jul3 6, 2012 to bring loan current. Consequently, Plaintiff submits that it has made a good faith effo: to locate the Defendant but has been unable to do so. 27 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 employers 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 legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has 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 serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of t Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfu. requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class m? posting, and publication. 2 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 Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: B? 9 Attorney for Plaintiff Melissa J. Cantwcl I, Esq. ID 308912 27 Exhibit `6A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ti'%! of c1lulb r, L1 ak'* GMAC Mortgage, LLC Case Number vs. 2012-145 Matthew D. Mueller (et al.) SHERIFF'S RETURN OF SERVICE 02/0312012 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: Matthew D. Mueller, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Matthew D. Mueller. Request for service at 16 W. Schoolside Drive, Mechanicsburg, Pennsylvania 17055 has personal effects in the residence but the utilities are shut off. Matthew D. Mueller is still receiving his mail at this address. 02/03/2012 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 L. Mueller, 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 L. Mueller. Request for service at 16 W. Schoolside Drive, Mechanicsburg, Pennsylvania 17055 has personal effects in the residence but the utilities are shut off. Stacey L. Mueller is still receiving his mail at this address. SHERIFF COST: $74.00 February 03, 2012 SO ANSWERS, 4? - RON R ANDERSON. SHERIFF "iCiG 4 Exhibit "B" a7G(93 SHERIFF'S OFFICE OF CUMBERLAND COUN'T'Y Ronny R Anderson Sherfff Jody S Smith Chief DqWty Richard W Stewart Solklfar OPPMOFTH-1 ilOFF n3MAC Mortgage, LLC vs. Case Number Matthew D. Mueller (at al.) 2012-145 SHERIFF'S RETURN OF SERVICE 03012012 04:50 PM- Shawn Gulshd, Deputy Sherilf, who being duly sworn according to law, states that on March 21, 2012 at 1860 hours, he served a tars copy of the within Cornpb W in Mortgage t"oradosurs, upon the within named dekoftnt, to wit Matthew D. Mueller, bytns>lft known unto Wiliam Muepsar, Father of Defendant at 305 E. Main Smear, Camp HS, Cumberland County, Pennsylvania 17011 Its contents and at the same time handing to him personally the said true and correct oopy of the same. 03/18/2012 Ronny R. Anderson, Sheriff, who tang duly sworn according to law, slates that he made a diligent search and Inquiry for the within named dot to wig Stacey L. Muailer, but was unable to I=W her in his b ride. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defendant Starry L. Mueller. Request for serAm at 305 E. Main Street, Camp Hill, Pennsylvania 17011 the Defendant was not found. Deputies wwo advised by the Dsfendenrx Ex Father in Law that she has not resided at this address In years. The Crump NNt Postmaster has o3nOrmed. Steoey L. Mueller Is not known at this address. SHERIFF COST: $79.00 March 28, 2012 SO ANSWERS, Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 276693 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Matthew D. Mueller & Stacey L. Mueller Property Address: 16 West Schoolside Drive, Mechanicsburg, PA 17055 Possible Mailing Address: (Matthew D. Mueller) 305 East Main Street, Shiremanstown, PA 17011 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Matthew D. Mueller - xxx-xx-1689 Stacey L. Mueller - xxx-xx-3900 B. EMPLOYMENT SEARCH i?illl?c??? ? 7: mll-ollf-Y °c4t 5t` + E;. Mttt?l'Itri? o A et?vie9t ref tt)o i??elll"110110ffirSt, AP'01IdO provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Matthew D. Mueller & Stacey L. Mueller reside(s) at: 16 West Schoolside Drive, Mechanicsburg, PA 17055. 11, INQUIRY OF TEI,.EPHONE COMPANY A. DIREC'T'ORY ASSISTANCE SEARCH Our office searched directory assistance databases, whicli indicated that Mattliew D. Mueller & Stacey L. Mueller reside(s) at: 16 West Schoolside Drive, Mechanicsburg, PA 17055. On 04-17-12 our office made several telephone calls to the subjects' phone number (717) 691-1461 and received the following information: answering machine. B. On 04-17-12 our office made a telephone call to a possible phone number of the subject(s) (717) 731-1420 and received the following information: not in service. On 04-17-12 our office made a telephone call to a possible plione number of the subject(s) (717) 975-2979 and received the following information: spoke with an unidentified male who could not confirm the whereabouts of the subjects, On 04-17-12 our office made several telephone calls to a possible phone number of the subject(s) (717) 763-4119 and received the following information: answering machine. 1.11. INQUIRY OF NEIGHBORS On 04-17-12 our office made a phone call in an attempt to contact Christopher W. Brand (717) 766-5062,18 West Schoolside Drive, Mechawesburg, PA 17055: spoke with an unidentified female who could not confirm that the subjects reside(s) at 16 West Schoolside Drive, Mechanicsburg, PA 17055. On 04-17-12 our office made several phone calls in an attempt to contact Bradley E. Nauss (717) 697-5104,10 West Schoolside Drive, Mechanicsburg, PA 17055: answering machine. On 04-17-12 our office made several phone calls in an attempt to contact Connie F. Benner (717) 766-8423, 11 West Schoolside Drive, Mechanicsburg, PA 17055: answering machine. On 04-17-12 our office made several phone calls in an attempt to contact Jamie A. 'T'yson (717) 731-1495, 304 East Main Street, Shiremanstown, PA 17011: answering machine. On 04-17-12 our office made several phone calls in an attempt to contact Dianne E. Kirsch (717) 730-2137,308 East Main Street, Shiremanstown, PA 17011: answering machine. On 04-17-12 our office made several phone calls in an attempt to contact G A. Funk (717) 763-4367,316 East Main Street, Shiremanstown, PA 17011: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-17-12 we reviewed the National Address database and found the following information: Matthew D. Mueller - 305 East Main Street, Shiremanstown, PA 17011 & Stacey L. Mueller -16 West Schoolside Drive, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Matthew D. Mueller) 305 East Main Street, Shiremanstown, PA 17011. V. OTHER INQUIRIES A. DEATH RECORDS As of 04-17-12 Vital Records and all public databases have no death record on file for Matthew D. Mueller & Stacey L. Mueller. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Matthew D. Mueller -1973 Stacey L. Mueller - not available B. A.K.A. Stacey D. Mueller; Stacey L. Bathgate * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. 1 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 information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "D" ? M O b? w 5? w a A4 X71 r„ vy 6> GIZ "- X 3 ? U P pQA? O C C C ,llL ccG O W ?+ 8 v a H V ? o? o V ?a x G ? do W ° bs N M rf ?1 O t? oo z 'u a? g N i Flo O INS 1/9 VJ N N ?'7 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 June 1, 2012 STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055 RE: GMAC MORTGAGE, LLC v. MATTHEW D. MUELLER and STACEY L. MUELLER Premises Address: 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055- 2767 CUMBERLAND County, No. 2012-145 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 acid posting of the mortgaged premises. Please respond to me within one week, by June 11, 2012. Should you have any further questions or concerns, please do not hesitate to contact nie. Otherwise, please be guided accordingly. Very tnily yours, Allison F. Welts "Rsq.., Id. No.309519 Attorney for Plaintiff" 276693 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No. 2012-145 CIVIL Defendants CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent the individual as indicated below by first class mail, postage prepaid, on the date listed below. STACEY L. MUELLER at: 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 P C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HAL INAN & SCHMIEG, LLP /r` Date: By: •- Attorney for Plaintiff Melissa J. Caiik?ell, Esq. 1D 308912 27669 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff vs. MATTHEW D. MUELLER STACEY L. MUELLER Defendants Court of Common Plea@ Civil Division :zm __ CUMBERLAND *9 No. 2012-145 CIVIL r- <:. r? ORDER AND NOW, this ll_t4- day of 9?1 2012, upon consideration of Plaintiff s 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, STACEY L. MUELLER, by: 1. Posting of the premises: 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055 by the Sheriff or a non-party competent adult; and 2. First class mail to STACEY L. MUELLER at the mortgaged premises located at 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055. 3. Publication in accordance with PA. R.C.P. 430. 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. Pk{ 4`, 1441i;Kan Cc: STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055 BY THE COURT: J. CcPy ina;le,4 7//x//? PHS# 276693/KPL 112?t _ HLED-OFFICL PHELAN HALLINAN & SCHMIEG, LLP i;; Tit P R O T HOMO TA R '',' John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 11400 2012 AUG 22 AM 10: 56 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY MATTHEW D. MUELLER No. 2012-145 CIVIL STACEY'L. MUELLER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE I TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned! matter. AN & SCHMIEG, LLP By: K/kolesnik, Esq., Id. No. 308877 A ev for Plaintiff Date: Augjjst 16, 2012 jhk/kpl, Svc Dept. File# 276693 aAt-A pal Ck.?+ ! 22liol ~.-, i~~~ l ~'~~~~~~~~lJ ~r1.; i PHELAN HALLINAN & SCHMIEG, LIB? ~;~y~~t ~ ~ ~ 1~: v' Attorney for Plaintiff Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 ~" a}~"~~~-_~1~D ~~~~~~ j ~'~ ~.,ti~< <~ One Penn Center Plaza i' ~ ~ ~ 5 ~' LVA ~'~ { r~ Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC vs. MATTHEW D. MUELLER STACEY L. MUELLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-145 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MATTHEW D. MUELLER and STACEY L. MUELLER, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $142,619.68 $142,619.68 I hereby certify that (1) the Defendants' last known addresses are 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 and 305 E MAIN ST, CAMP HILL, PA 17011, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date eredith Wooters, Esquire. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 ~ I _ PHS # 276693 ~.d 'ARY 2766 3 ~} s ~~. SO a~ ~-~ ~ 9y~ VS ~ ~ a$353~ ~_ ~ ..., M n'.1e PHELAN HALLINAN & SCHMIEG, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC vs. MATTHEW D. MUELLER STACEY L. MUELLER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-145 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants MATTHEW D. MUELLER and STACEY. L. MUELLER are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MATTHEW D. MUELLER is over 18 years of age and the last known addresses of the defendant are16 WEST SCHOOLSIDE DRNE, MECHANICSBURG, PA 17055-2767 and 305 E MAIN ST, CAMP HILL, PA 17011. (c) that defendant STACEY L. MUELLER is over 18 years of age and the last known addresses of the defendant are 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date -1 Meredith Wooters, Esquire Attorney for Plaintiff 276693 (Rule of Civil Procedure No. 236) -Revised GMAC MORTGAGE, LLC vs. MATTHEW D. MUELLER STACEY L. MUELLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-145 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ~ ~ By: If you have any questions concerning this matter please contact: Phelan Hallman & Schmieg, LLP Meredith Wooters, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT' AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * 276693 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MATTHEW D. MUELLER NO. 2012-145 CIVIL STACEY L. MUELLER Defendant(s) CUMBERLAND COUNTY 'fib: MATTHEW D. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 DATE OF NOTICE: ~ ~ ~~ ~'~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlVIPORTANT NOTLGIS YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTAIv"T RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (71.7) 249-3166 By: ~~~ 1' 1_.~ ~~~r~~ ~' Meredith Wa ~terc, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 27b693 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CNIL DNISION v. MATTHEW D. MUELLER STACEY L. MUELLER Defendant(s) TO: MATTI~W D. MUELLER 305 E MAIN ST CAMP HII.L, PA 17011 DATE OF NOTICE: ~~;M ~~~~,~ __ NO. 2012-145 CNIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTI'ING WITH THE COURT YOUR DEFEdVSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WTTHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH LFORMATTON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO H1RE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717} 240-6195 CARLISLE, PA 17013 (717} 249-3165 IVleredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 276693 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL, DNISION v. MATTHEW D. MUELLER STACEY L. MUELLER Defendant(s) TO: STACEY L. MUELLER 16 WEST SCHOOLSIDE DRNE MECHAMCSBURG, PA 17055-2767 DATE OF NOTICE: _ 1:~ ~ ~ ~ ! ~~ NO. 2012-145 CNIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THLS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAIIVED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FII.,E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A 3UDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IIvIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-316b By: f ~~~~!~~~~>~~~. Meredith Wooters, Esq., Id. No.3(17207 Attorney for Plaintiff Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 276693 FILED-OFFICE of 'r1HE PROTHONOTARY Phelan Hallinah, LLP 20 NPR 22 AM 9; 5A r Allison F. Zuckerman, Esq., Id.No.30951 A TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL 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 January 13, 2012. 2. Judgment was entered on November 27, 2012 in the amount of$142,619.68. 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 June 5,2013. 276693 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 $140,446.23 Interest Through June 5, 2013 $19,052.84 Late Charges $44.60 Legal fees $1,300.00 Cost of Suit and Title $1,413.14 Property Inspections $10.00 Escrow Deficit $6,485.01 TOTAL $168,751.82 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 April 12, 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". 10. No judge has previously entered a ruling in this case. 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Christylee L. Peck entered an order for Service Pursuant to Special Order of Court dated July 12, 2012 . 276693 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By: liso c an, Esquire ATTORN Y FOR PLAINTIFF 276693 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MATTHEW D.MUELLER and STACEY L. MUELLER 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 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767. 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 cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. 276693 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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826(1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 276693 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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 276693 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. 1 147(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 Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 276693 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995).Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 276693 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 276693 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the , terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 276693 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 LP DATE: Lill 122 By• All on uckerman, Esquire Attorney for Plaintiff 276693 Exhibit "A" 276693 i a te: i.+U; PLEASE RETURN PHELAN HALLINAN&SCHMIEG,LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 r", a :C--n- GMAC MORTGAGE,LLC CUMBERLAND COUNTY °� -0rn � cJ VS. COURT OF COMMON PLEAx "' 4° C. �c Z s ate' MATTHEW D.MUELLER CIVIL DIVISION =C)a C)`,- STACEY L.MUELLER 5= No.2012-145 CIVIL 4 d 'r PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF TO THE PROTHONOTARY: P I, 7 ! { Kindly enter judgment in favor of the Plaintiff and against MATTHEW D.MUELLER and STACEY L.MUELLER,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint $142,619.68 TOTAL $142,619.68 I hereby certify that(1)the Defendants'last known addresses are 16 WEST SCHOOLSIDE33RP L—,MECHANiCSBURG,PA-17055-2767-and-305 E-MAIN ST,CAMP - - HILL,PA 17011,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date eredith Wooters,Esquire Attorney f lainti DAMAGES B DATE: J pHs a 276693 PROTHONOTARY 276693 Exhibit "B" _.. 276693 . 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 and New Jersey April 12,2013 MATTHEW D. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG,PA 17055-2767 RE: GMAC MORTGAGE, LLC v. MATTHEW D. MUELLER and STACEY L. MUELLER Premises Address: 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No.2012-145 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 4/18/2013. Should you have further questions or concerns,please do not hesitate to contact me; Otherwise,please be guided accordingly. Very truly y ;urs All of Ott .k Tn n a Id.No.309519 Attorney for Pl lif Enclosure 276693 Name and Phelan Hallinan,LLP c Address 16171FK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM $ �y Line Article Number Name of Addressee,Street and Post Office Address Po e 4 1 **** MATTHEW D.MUELLER SO.d6 ^n STACEY L.MUELLER 4 16 WEST$CHOOISIDE DRIVE MECHANICSBURG PA 17055-2767 2 '*** MATTHEW D.MUELLER 50.46 STACEY L.MUELLER 305 E MAIN ST CAMP HILL,PA 17011 RE:MATTHEW D.MUELLER CUMBERLAND PHS#27669311200 Page 1 of 1 1$0.92 t i Tail Numb"of Total Namb"ofPicaes Potmata.Per(Name of The ruil dedaation dw1w it mquimd oa atl danntk 1at3 uaetuati0od rc`ifieted m61.The vwdn y. Piece Lited by sender Reared at Pot of kc R—MnS EMOGY-) for the mcoasum w*f nw"gothbk documents coda Eicpgt Mail doamao rewwhrmm in" Owe subjmzt to a Nmd ofSS00,000pa m mme.The maxiomm Wwmity pyabk on E VM h1t The nwtimum Wc—fty pwf"k S2S.000 for t&krtd mul,sent with a0knW lmmranct,See o (� t R900 5913 cad 5921 fa amiwtf=of w -^ Form 3877 Facsimile 4> 276693 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckennan@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff V. Civil Division CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL 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. MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG, PA 17055-2767 CAMP HILL, PA 17011 Phelan Hallinan LP DATE: By. Alli on ckerman, Esquire ATTORNEY FOR PLAINTIFF 276693 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants RULE AND NOW,this >2V ZIL, day of. 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT e&�� � = J. c 3 Mou � rn —4ca �� Cn -C 0 276693 .1 cc: MATTHEW D. MUELLER STACEY L. MUELLER Allison F. Zuckerman, Esq., Id.No.309519 Attorney for Plaintiff Allison F.Zuckerman,Esq., Id.No.309519 elan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 ATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG, PA 17055-2767 CAMP HILL, PA 17011 276693 ' ,e OF THE PRO.TNOFFICE Ot TAW' 2013MAY -2 AH10: Q3 Phelan Hallinan, LLP CUMBERLAND COUNTY Jonathan Lobb, Esq., Id. No.312174 PENNSYLVANIA ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 25, 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. MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG,PA 17055-2767 CAMP HILL, PA 17011 !�I Phelan Hallinan, LLP DATE: By: - 41;jj�� Jo han Lobb, Esquire Attorney for Plaintiff 276693 t 4 0 TA R, 2013HAY 20 AN 9: 38 CUMBERLAND COUNTY PENNSYLVANIA 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 vs. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL 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 April 22, 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 April 12, 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. 276693 a V 3. A Rule was issued on April 25, 2013 directing the Defendants to show cause by May 15, 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 April 30, 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. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 15, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. J / Phelan i P DATE: �l �sl By: a Esq., Id.No.310721 o aintiff. 276693 Exhibit "A" 276693 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 and New Jersey .April 12,2013 MATTHEW D.MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 RE, GMAC MORTGAGE, LLC v. MATTHEW D. MUELLER and STACEY L. MUELLER Premises Address: 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 2012-145 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 4/18/2013. Should you have further questions or concerns,please do not hesitate to contact me, Otherwise,please be guided accordingly. Very truly Alli%% _ti txzg L . „Id.No.309519 Attorney for Pla j i . e Enclosure 276693 Nary wand Phelan Hallman,LLP Address 16171PK Boulevard,Suite 1400 h tJ c Of Sender One Penn Center Plata d Philadelphia,PA 19103 KVM'. t*t C Line Article Number Name of Addressee Street and Post Office Address E2LtMe I **** MATTHEW D.MUELLER 50.46. 2 } STACEY L.MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG PA 17055=2767 2 **** MATTHEW D.MUELLER 50.46 :riao STACEY.L.MUELLER 305.E MAIN ST CAMP HILL PA 17011 RE:MA77HEW D.MUELLER CUMBERLAND PHS#27669311200 Page 1 of 1 S0.92 ToW Number of Total Number of Pieces Pnolmster,Per(Nwneeof The full declaration of Nlue is rmi*ou all domestic W ira roiaional registered mol,The mwn i 7. Pitoec Listed bySendv Reaiied at Past Office Receiving Employee) for the rcconsouctionof twmegotfsbie documents ride Express Matt doamtem recou*uetion imm pica soblaa to a rime oCSS00,000 per oeett rerrce,iltrmsx muia i tdam irypt ysbk oe E reress AL The'muimum io k=fty pgxbk is S?S,000(nr rcFipued mul sit w th opti war nsunoce.See D . R900 5911 and 5721 for lmhtatow otw Form 3877 Facsimile i I 276693 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYI.VANIA. GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants RULE AND NOW,this f„ � day of CAnr�i L .2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter.. BY THE COURT J. Z "a ;:of CA cs Ticz-P! r CA 276693 Exhibit "B" 276693 OF rME X01 Na'c NOi'AO,y 2013HAy'-2- AMID: 03 Phelan Hallinan, LLP. tiayBR Jonathan Lobb,Esq., Id. No 31`217 ;PENNSYLVANIA ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1 400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanballinan.com 21.5-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER - STACEY L. MUELLER No.: 2012-145 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 25,2013 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. 1 MATTHEW D. MUELLER MATTHEW D.MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG,PA 17055-2767 CAMP HILL, PA 17011 Phelan Hallinan, LLP ,. DATE!?: By: .., JAM- Lobb,Esquire ... Attorney for Plaintiff" ' 276693 !Yy. F YJ 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 VS. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG,PA 17055-2767 CAMP HILL, PA 17011 Phelan Halli n, DATE: J �( 7 By: X Jo , Id. No.310721 y mtiff 276693 �► C) ri -n = � --4 w rntom _ M- PHELAN HALLINAN,LLP Attorney for Plaintiff s `< aril JOSEPH E.DEBARBERIE,Esq., Id.No.315421 CD 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 C =;r~Ml 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 MATTHEW D.MUELLER STACEY L.MUELLER No.: 2012-145 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". 1��� 6A9�1 . JOAEPH E.DEBARBERIE,Esq.,Id.No.315421 Date: 2(i 3 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#276693 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 2012-145 CIVIL MATTHEW D.MUELLER STACEY L.MUELLER 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 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055-2767. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MATTHEW D.MUELLER 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055-2767 STACEY L.MUELLER 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055-2767 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MATTHEW D.MUELLER 305 E MAIN ST CAMP HILL,PA 17011 STACEY L.MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG,PA 17055-2767 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) CRAIG LAHAR;DMD 200 CUMBERLAND PKWY MECHANICSBURG,PA 17055 CRAIG LAHAR,DMD C/O RICHARD H.WIX, WIX WENGER&WEIDNER ESQUIRE 4705 DUKE STREET HARRISBURG,PA 17109-3099 FM OPPEL HEATING OIL 145 SOUTH ENOLA DRIVE ENOLA,PA 17025 FM OPPEL HEATING OIL C/O.KIMBERLY P.O.BOX 650 BONNER,ESQUIRE,JAMES,SMITH, HERSHEY,PA 17033 DIETTERICK&CONNELLY,LLP. FRED M.OPPEL 145 SOUTH ENOLA DRIVE ENOLA,PA 17025 PHS #276693 FRED M.OPPEL C/O KIMBERLY BONNER, P.O.BOX 650 ESQUIRE,JAMES,SMITH,DIETTERICK& HERSHEY,PA 17033 CONNELLY,LLP. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) BELCO COMMUNITY CREDIT UNION 403 NORTH 2ND STREET HARRISBURG,PA 17101 BELCO COMMUNITY CREDIT UNION PO BOX 82 HARRISBURG,PA 17108-0082 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG,PA 17055 BOUROUGH OF MECHANICSBURG C/O 36 W.ALLEN STREET DAVID J.SPOTTS MECHANICSBURG,PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) NONE. 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 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG,PA 17055-2767 MATTHEW D MUELLER C/O ELIZABETH S. 212 N.3RD STREET BECKLEY,ESQUIRE,BECKLEY& HARRISBURG,PA 17108-1998 MADDEN MATTHEW D.MUELLER C/O CHARLES O. 212 N.3RD STREET BECKLEY,ESQUIRE,BECKLEY& HARRISBURG,PA 17108 MADDEN 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 PHS #276693 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: ' t3 By: 00 C OL25aA-Z�22) Ielan Hallinan,LLP OSEPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHS #276693 Nameand Phelan Hailinan,LLP Address 1617 JFK Boulevard,Suite 1400 i Of Sender One Penn Center Plaza to Philadelpitia,PA 191033 AZKISFF-06105!2013 SALE � � �o 1 Line Article Number Name of Addressee,Street and Post Olrce Address Postn a ry I "'a BOROUGHOFM.ECHANICSBURG 50.45 � 36 WEST ALLEN STREET a M.ECHANICSBURG PA 17055 ��140— 2 '**« BOUROUGH OF MECIIANICSSURG C/O DAVID J.SP07`TS 50.45 I I 36 W.ALLEN STREET r o MECHANICSRI RG.PA 17055 1 G7 3 •*'* FM OPPEL HEATING OIL 50.45 ; (6 ono 145 SOUTH E:90LA DRIVE wr,,.,„ ��v`+y� � Raea ENOLA PA 17025 4 "•' FIVI OPPELHEATING OIL C/O KIMBERLY BONN.ERG,ESQUIRE,JAMES,SMITH.DIE1-rER1CK&. S0.45 t- i CONNELLY,LLP. 2 + P.O.BOX 650 f r HERSHEY PA 17033 r, 5 r«+« FRED M.OPPEL 50 5 Lr a 145 SOUTH ENOLA DRIVE. ENOL PA 1 1025 6 """ FRED M.OPP:EL C/O K114BIIRLY BONNIER,ESQUIRE,JAMES,SMITH,DIETTERICK 6 CONN.ELLY, $0.35 LLP. P.O.BOX 6511 HERSHEY PA 17033 ' MATTHEW II MIlF.I.LF,R CJO FLl7.ARF,TH S.'RF,C L9V,E5QU.I.R;E"RECKLEV&MAnOF,N 50.45 212'N.3RD STREET HARRISBURG PA 17108-1998 8 aaaw MATTHEW D.MUELLER C/O:CHARLES O.BECKLEY,ESQUIRE,BiECKLEY At MADDEN 30.45 212 N.3RD STREET HARRISBURG; PA 1.7108 Rt-MA77HI,W D.MUELLER CUMBERLAND PHS 51276693,11026 Page 1 of t 45 Day 53.60 Taal Ntin'ba of Toni RimberefAeocs Ponmaqu.Per 07ame of TM Poll deetvation of raluc isrea7.i'd en ail doamroie utd'mmatiminnal t ovaae InAt,Tbg m_.a—.ind=ity m bic Picas Limtdby Seada Received m Pon efritt ReceivinBP,TPlo9ee) for Ile reconstruction ofntame nMt dw=enn order yot' l:xgest MA ionowil rteonwuction iasurana i{$S0,000 ixr Oe"mbjm to s limit of 3500,000 W mnuw .The maximam uidetmity rwyrWe on fxgess Mal IrcrcbatrSisels SS00. llrc auxhnpn iudeami7y IloyaMe n 5:5,000 fu rcgiMOwl uw0,oem..idf tytia,sl insnanoc,Ste Dwnotin Mdl Manual _. PW 5913 end 901)fa limitwinm of--me Form 3977.Facsimilc t PHS i!276693 Name and Phelan Hallman,LLP Address 16717 JI''1K Boulevard,Suite 1400 Of Sender One Penn Ccntcr Plam Philadelphia, PA:19103 PAS/M,IC-06/0512013 SALE Une ArticleNumber Name of AddresSee,Street,and Post Office Address Posta e-n G TENANT/OCCUPANT $0;44 16 WEST SCHOOLSIDE DRIVE. MECHANICSBURG.PA 17055-271 7 w 2 '*+' RFI.,CO COMMUNITY CRFDIT UNION . $0.44 t 403 NORTH 2ND STREET f 1IA.RRISBURC.PA 17101 OEM 3 " "w BELCO COMMUNITY CREDIT UNION $0,44 PO BOX 82 HARRISBURG,PA 17108-0082 4 *"*' CRAIG LAHAR,DMD 5044 s ; 200 CUMBERLAND PKWY MECHANICSBURG.PA 17055 5 "* CRAIG LA'HAR,DMD C/O RICHARD H.W IK ESQUIRE SO.44 a' WIX.WENGER&"WEIDNER 4705 DUKE STREET HARRISBURG PA 17109-3099 6 " " DOMESTIC RELATIONS O.F $0,44 CUMBERLAND COUNTY l3 WORTH HANOVER STREET' CARLISLE,PA 17013 COMMONWEALTH Of P"ENNSS'I.,VAhIIA . SO.44. DEPARTMENT OF WELFARE P.O.BOX 2675 HARRISBURG PA 17105 8 °'•' 1NTERNALREVENUESERVICE.ADVISORY $0;44 1000 LIBERTY AVENUE ROOM 704. PIT'I'SBURUH,PA 1.5222 9 ikkr U.S.DEPARTMENT OF JUSTICE $0.44 V.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING +� 228 WALNUT STREF,T,St11TF,220 PO BOX 11.354 AARRISBURC,PA 17108-1754 lll4AfTF1E3V -MUl3lR Ct1)14i8&ItIrANi? 76693ri021 ! f1I*i � 53,96 Tdol ttwabtta T N ro.Fti<m Postasaoer,Yr(Nfinea "tix lu�declarntta of sshe#rqu&ttl ea ail detnestxatw imematwrat 2cRtsfetod n10t1.Tlr msaun,m tMemnitypapsbl: _ Pia s Lixdl by 5cndu' ltssr�.ed at rbsxflffwt Rcuiricg Gtp:oyce) farthc cscanatvctiun of ronncRccia6k sbcumccta�tM Il�rcaa M.Odxumrnt tcconatruniat irovu+rc u 550,000 pa pike tbjtct to a 6rnit ofSSM000 wr'cceunc=.Tbc roWnum indarnaity pa>2bit on E)wcss Mail m rdwdiu is SSW M moimum in&toitypayabk is f2S,000 fat cepured mail amt%N*b optbnal imutanee.Sac 10ttmtuic MA Mama! 12400 5913 and 5921 for]immtwns of emem Form 3877 Facsimile r � s' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants ORDER AND NOW, this � day of 111 , 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 $140,446.23 Interest Through June 5, 2013 $19,052.84 Late Charges $44.60 Legal fees $1,300.00 Cost of Suit and Title $1,413.14 Property Inspections $10.00 Escrow Deficit $6,485.01 TOTAL $168,751.82 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. LC V, ''YA7),S�IM3d (24 li, t BY THE COURT: G kr , .,'1P��i�� �. ,h'1 J. S/a9/1.3 276693 OF THE' PR0TH0N0TAR PHELAN HALLINAN, LLP 2813 JUN 14 Ali 10: 38, Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION MATTHEW D. MUELLER NO. 2012-145 CIVIL STACEY L. MUELLER 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 to STACEY L. MUELLER on January 28, 2013 in accordance with the Order of Court dated JULY 11, 2012. The property was posted on JANUARY 31, 2013. Publication was advertised in the CUMBERLAND LAW JOURNAL on FEBRUARY 8, 2013&in THE SENTINEL on JANUARY 31,2013. 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. Phelan Hallinan;LLP M111il"M � DATE: By: Meredith Wooters, Esq., Id.No.307207 Attorney for Plaintiff s ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Ct GMAC MORTGAGE, Court of Common PleQ Civil Division VS. N 0 T CUMBERLAND ' a-n MATTHEW D.MUELLER 7►c� s� s zb STACEY L.MUELLER -No.2012-145 CIVIL—� 0 Defendants ORDER AND NOW,this %% day of 2012,upon con� s motion for Service Pursuant to Special Order of Court,it is hereby OMM and DECREED, that said Motion is GRANTED. It is fther ORDERED and DECREED that Plaintiff'may obtain servile of the Complaint and all future pleadings on the above captioned Defendants,STACEY L.MUELLER, by: 1. Posting of the premises: 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055 by the Sheriff or a non-party competent adult;and Muglass mail to STACEY L.MUELLER at the mortgaged premises located at 16 WEST SCHOOLSIDE DRIVE,MECHANICSBURG,PA 17055. 3. Publication in accordance with PA.R.C.P. 430. It is further ORDERED and DECREED that counsel for PlaintiVigr%directed to file a certificate of service,with the.Prothonotary's office to ensure compliance Order. BY THE COURT: J. Cc:STACEY L.MUELLER 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055 PHS#276693/KPL Name and PHELAN HALLINAN&SCHMIEG Address One Penn Center at Suburban,Suite 1400 of Sender Pbiladelpbia,PA 19103 ° 0 C a m N Line Article Name of Addressee,Street,and Post Office Address Postage CZ. VZ m Number � � -F' 0 C14 1 "** STACEY L.MUELLER o' �1 16 WEST SCHOOLSIDE DRIVE CHANICSBURG PA 1.7055-2767 a.C14 3 q **** 5 6 **** 7 **** g ** * g **** 10 **** 11 **** 12 % STACEY L.MUELLER PHS#276693 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 �p AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF f CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS#276693 DEFENDANT SERVICE TEAMI snl MATTHEW D.MUELLER COURT NO.:2012-145 CIVIL STACEY L.MUELLER SERVE STACEY L.MUELLER AT: TYPE OF ACTION 16 WEST SCHOOLSIDE DRIVE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-2767 SALE DATE:06/05/2013 ****PLEASE POST THE PROPERTY' **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to STACEY L.MUELLER,Defendant on the 3 day of U+1 ,20 at o'clock.M.,at 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG,PA 17055-2767,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. 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. _2QL Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I, f�y�G ,a competent adult,hereby verify that I personally posted the property with 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 td unsworn falsification to authorities. 1 1 U►'`�-- DATE: 3 NAME: ( PRINTED NAME: TITLE: NOT SERVED On the dav of ,20 at o'clock_.M.,I, a competent adult hereby state that eefendant use: _ 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.Hauinan,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 a Melissa J.Cantwell,Esq.,Id.No.308912 x f" 7 y , 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 February 8, 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. r- 01L 11 Marie Coyne, Edito , SWORN TO AND SUBSCRIBED before me this 8 day of February, 2013 Notary I f, �1 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 2012-145 CIVIL GMAC MORTGAGE,LLC VS. MATTHEW D. MUELLER and STACEY L. MUELLER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: STACEY L. MUELLER Being Premises:16 WEST SCHOOIr SIDE DRIVE,MECHANICSBURG,PA 17055-2767. Being in MECHANICSBURG BOR- OUGH, County of CUMBERLAND, Commonwealth of Pennsylvania, 18-22-0519-227. Improvements consist of residen- tial property. Sold as the property of MAT- THEW D.MUELLER and STACEY L. MUELLER. Your house (real estate) at 16 WEST SCHOOLSIDE DRIVE, ME- CHANICSBURG, PA 17055-2767 is scheduled to be sold at the Sher- iff's Sale on June 5, 2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of$142,619.68 ob- tained by, GMAC MORTGAGE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff Feb. 8 5 € PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Jackie Cox,Sales Director, 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 11881, 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): January 31,2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE/ IN THE COURT OF COMMON PLEAS 1. OF CUMBERLAND COUNTY,PENNSYLVANIA f NO.2012-145 CIVIL Affiant further deposes that he/she is not GMAC MORTGAGE,LLC interested in the subject matter of the MATTHEW D.MUELLER and STACEY L.MUELLER 1- aforesaid notice or advertisement, and that NOTICE TO:STACEY L.MUELLER { all allegations in the foregoing statement as NOTICE OF SHERIFF'S SALE OF REAL PROPERTY to time, place and character of publication Being Premises:16 WEST SCHOOLSIDE DRIVE,MECHANICSBURG,PA are true. 17055-2767 Being in MECHANICSBURG BOROUGH,County of CUMBERLAND, IY Commonwealth of Pennsylvania,18-22-0519-227 F Improvements consist of residential property. F Sold as the property of MATTHEW D.MUELLER and STACEY L.MUELLER I: r Your house(real estate)at 16 WEST SCHOOLSIDE DRIVE, 4 MECHANICSBURG,PA 17055-2767 is scheduled to be sold at the Sheriffs Sale on 06/05/2013 at 10:00 AM,at the CUMBERLAND County Courthouse, ' 1 Courthouse Square,Carlisle,PA 17013,to enforce the Court Judgment of $142,619.68 obtained by,GMAC MORTGAGE,LLC(the mortgagee), SWOrri t0 and subscr e before me this against the above premises. /} PHELAN HALLINAN,LLP 1 I Attorney for Plaintiff t it .fit_ _ _...--- �. ...-- ...,...-..`.,•...-_ -�+-,«... ,_ ' Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY MY Commission Expires Jan 27,2014 k , PHELAN HALLINAN, LLP Attorney for Plaintiff ' 0 " • 2: One Penn Center Plaza COUNTY 1617 JFK Boulevard, Suite 1400 , INSYLVA.MIA Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS v • CIVIL DIVISION MATTHEW D. MUELLER : NO. 2012-145 CIVIL • STACEY L. MUELLER 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, MATTHEW D. MUELLER, by certified mail and regular mail to MATTHEW D. MUELLER at 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767, and 305 MAIN STREET, CAMP HILL, PA 17011 and posting 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 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, MATTHEW D. MUELLER, the Notice of Sale at the mortgaged premises, 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767, 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, MATTHEW D. MUELLER, the Notice of Sale at 305 MAIN STREET, CAMP HILL, PA 17011, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as there was no response from the Defendant. 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 June 18, 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 June 24, 2013 and requested Defendant' concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs June 24, 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, MATTHEW D. MUELLER, 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 MATTHEW D. MUELLER at 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767, and 305 MAIN STREET, CAMP HILL, PA 17011 and posting 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 and by publication. Phelan Halli - • DATE: 4 6,11 By: wry P n i, :n, LLP Allison F. uckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 • • PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 • GMAC MORTGAGE, LLC • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS • v. • CIVIL DIVISION MATTHEW D. MUELLER NO. 2012-145 CIVIL • STACEY L. MUELLER 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, MATTHEW D. MUELLER, 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 MATTHEW D. MUELLER at 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 and 305 MAIN STREET, CAMP HILL, PA 17011 and posting 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallina/ �A.'" DATE: By: �jc/1 AR°son F. --- - -rman, Esq., Id. No.309519 Attorney for Plaintiff . PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 • GMAC MORTGAGE, LLC • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. • CIVIL DIVISION MATTHEW D. MUELLER NO. 2012-145 CIVIL STACEY L. MUELLER • 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. MATTHEW D. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 MATTHEW D. MUELLER 305 E MAIN ST CAMP HILL, PA 17011 STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 STACEY L. MUELLER 305 E MAIN ST CAMP HILL, PA 17011 Phelan Hallinan, LLP/ DATE: �, dr By: Alli ' F.Fck- an, Esq., Id. No.309519 - torney f: ' aintiff EXHIBIT "A" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PITS#276693 DEFENDANT SERVICE TEAM!lxh MATTHEW D.MUELLER COURT NO.:2012-145 CIVIL STACEY L.MUELLER SERVE MATTHEW D.MUELLER AT: TYPE OF ACTION 16 WEST SCHOOLSIDE DRIVE XX Notice of Sheriffs Sale MECHANICSBURG,PA 17055.2767 SALE DATE: June 5,2013 SERVED Served and made known to MATTHEW D.MUELLER,Defendant on the 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. 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 Height 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: NO1 SERVED On the t5 day of? ' 20 g ,at ? � o'clock e,M.,I, A t J� ,t/t;.:t _,a competent adult hereby state that Defendant NOT FOUND because: 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 aythorities. BY: ., 1rVh PRINTED NAME: ' T:t` (\ t& ATTORNEY FOR PLAINTIFF Phelan Haltinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS#276693 DEFENDANT SERVICE TEAM/Ixh MATTHEW D.MUELLER COURT NO.;2012-145 CIVIL STACEY L.MUELLER SERVE MA'1"I'IiEW D.MUELLER AT: TYPE OF ACTION 305 E MAIN ST XX Notice of Sheriff's Sale CAMP HILL,PA 17011 SALE DATE: June 5,2013 SERVED Served and made known to MATTHEW D.MUELLER,Defendant on the 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. _ Manager/Clerk of place of lodging in which Defendant(s)residefs). 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 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 unswom falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the 15 day of'54 { j' ,20(3,at` Txo`clock M I ,„- tA.._ ,a competent adult hereby start tiiiifMienclant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on ii(L atA41''.._. ; _ 1.f at__.1U. ._. 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: Ptittit `� PRINTED NAME: Lt _._. ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 276693 Attorney Firm: Phelan,fIaDioao&8cbzoicA'CEP Subject: Matthew D. Mueller 8z Stacey L Mueller Current Address: 305 East Main Street,Camp Hill,PA 17011 Property Address: 16 West Schoolside Drive,Mechanicsburg,PA 17055 Mailing Address: 305 East Main Street,Camp Hill,PA 17011 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Matthew D.Mueller-xxx-xx-l68V Stacey L. Mueller-xxx-xx-3900 D. EMPLOYMENT SEARCH Matthew D. Mueller&Stacey Mueller-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry ofczeditura indicated that Matthew D. Mueller reside(s) at:305 East Main Street,Camp Hill,PA 17011 &Stacey L Mueller reside(s) at: 16 West Schoolside Drive,Mechanicsburg,PA 17055. II. IN QUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Matthew D. Mueller&Stacey L. Mueller reside(s) at: 305 East Main Street, Camp Hill,PA 17011. On 01-24-13 our office made a telephone call to the subjects' phone number (717) 975- 2979 and received the following information:not ioservice. D. On 01-24-13 our office made several telephone calls to a ossibIe phone number of the subject(s) (717) 6914461 and received the following information: answering machine. On 01-24-13 our office made a telephone call to a possible phone number of the subject(s) (717) 731-1420 and received the following information: not in service. On 01-24-13 our office made a telephone call to a possible phone number of the aobicc8o) (7I7) 975-3599 and received the following information:not in service. On 01-24-13 our office made a telephone call to a possible phone number of the subject(s) (717) 763-4119 and received the following information:not in service. III. INQUIRY[}F NEIGHBORS On 01-24-13 our office made a phone call in an attempt to contact Debra E. I\'eozici (717) 761-2703,313 East Main Street,Camp Hill, PA 17011: spoke with an unidentified Female who confirmed that Matthew D. Mueller&Stacey L. Mueller reside(s) at: 305 East Main Street,Camp Hill,PA I7011. . ' . IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-24-13 we reviewed the National Address database and found the following information: Matthew D. Mueller-305 East Main Street,Shiremanstown,PA 17011 & Stacey L. Mueller- 16 West Schoolside Drive, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our in iryofc/editozo, Uze/ollovvin8isupmayiblezoai\iugaddreae:ooaddremees on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 01-24-13 Vital Records and all public databases have no death record on file for Matthew 0. Mueller&Stacey L. Mueller. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Matthew D. Mueller- 1973 Stacey L Mueller- 1g78 B. A.K.A. Stacey L. Bathgate * Our accessible databases have been checked and cross-referenced for the above named individual(s). * 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 ofl8PaC.S.Sec.4gU4relatiogtonuawnro1alei[icadoohouuUhoridee. �~7 ~y cc- * „ ---771,4-1,s, . c.,/ e..--1 Illy above it formaiton is obtained fionl available public records and we are only liable for the cost of the affidavit, � (Page 1 of 1) : C ? - IN TILE COURT OF COtMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS Court of Common Pleas TRUSTEE FOR HOME EQUITY ASSET TRUST 2005-1. HOME EQUITY PASS-TI•IROUC-11•I Civil Division CERTIFICATES. SERIES 2005-1 Plaintiff MONTGOMERY County vs No 2011-35387 MELISSA M !MORELLO Defendant ORDER AND NOW. this c,21 day of ri 1 . 2012 upon considciatton of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORI)ERFD and DECREED. that said Motion is GRANTED R is furthei ORDERED and DECRF ED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant. MELISSA M MORELLO, by 1 Posting of'thc premises 1419 WALNUT S'IREE I NORRISTOWN PA 19401-3511 by the Sheriff or a non-party competent adult. and 2 First class mail to MELISSA M MORELLO at 504 E FORNANCE STREET. NORRISTOWN. PA 19401-3536 and the mortgaged premises located at 1419 WALNUT STREET. NORRISTOWN PA 19401-3511 It is further ORDERED and DECREED that counsel foi Plaintiff is hereby directed to file a certificate of service with the Plothonotaiy s office to cnsutc compliance with this Count Otdei jill __..L .1 2011-35 1(7-0005 4/3(112012 11 44 )7 AM I u hdu R +/ 417 re,. S000 ) i^S%vJent Mark 1 LAy -Monismnr. ■Counth Prothonotary �,/ .2.-,) - — - — L erl : /- I'l iS#274570/KRH Date: " ' _._I ii- d lo �ae t9 tn a N f „:1?..O %y, <1 aJ O i t ✓ c"t. n tt n .0..%St C O M • N � tr� ° � � � Mi.`„,,.. o b � p A L � %IIIIII cn � -d � � c?, t� t r `'0� % C n� o o o um J t U4... � 9 y 4► o N e a % r O 1 -, G• 5 tro 0 I 4J TPGE?�'p��r�E''e USpQS li Ili 'vW�'� * �,�•t. g�p3 � DO'"� 2013 Apr '�yr Zip �� 91 APR ' �`. Pei:•%• p2 13811 AI .��4 . 000 • AFFIDAVIT OF SERVICE PLAINTIFF MONTGOMERY COUNTY US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR HOME EQUITY ASSET TRUST 2005-1,HOME EQUITY PASS-THROUGH PITS#274570 CERTIFICATES,SERIES 2005-1 DEFENDANT SERVICE TEAM/sal MELISSA M.MORELLO COURT NO.:2011.35387 SERVE MELISSA M.MORELLO AT: TYPE OF ACTION 1419 WALNUT STREET XX Notice of Sheriff's Sale NORR.ISTOWN,PA 19401-3511 SALE DATE:06/26/2013 i�' ****PLEASE POST THE PROPERTY*** **PI..EASE POST THE PROPERTY PER THE COURT ORDER** ).2C7 SERVED Served an made known to MELISSA M.MORELLO,Defendant on the day of ,20 j, at ,o'clock/r' M.,at 1419 WALNUT STREET REE NORRISTOWN,PA 19401-3511,in the manner de ribed 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. _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, a competent adult,hereby verify that I personally posted the property with a tnte and correct copy of the Notice of Sheriff's Stile in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: J /}...�13 NAME: . . PRINTED NAME:_�+ : - A Pi LL• TITLE: .._1.....'...................._..._......._...._.__.__ NOT SERVED On the day of ,20 ,at..._...............o'clock M..I,.._.....__.._._..___._.__...�..._..........._........,a competent adult hereby state thii Defendant NOT FOUND because: Vacant _ Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on Ott 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. PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phalan,Esq.,Id.No.32227 Elareas S.Hainan,Esq.,Id.No.62645 Daniel C Sehn?ie:,t wr:..Ed No.62205 Michele M E3rad#ol0,Esq.,JO.No 69849 Judith T.Romano,Esq„Id,No.58745 Jenine R Ducey,I3sq_,Id No,87077 I sere' N,Tabas,Esq.,Id No.93337 Jay 13 Jones,Esq [d.No.16657 Andrew 1...Spivack,Esq_.12.No.84439 Chrisos•alante P.Flukes,Esq.,Id.No.94620 Courtenay R.Dunn,Esq,,Id.No.206779 Allison F Zuckerman,Esq.,Id.No.309519 Melissa J.Cornwall,Esq.,Id.No,30012 Mario J.Ilanyon,Esq.Id.No,203993 John NI.Kole.anik,Esq,Id.No.301277 M:i thew C.Brushwood,Esq_,Id.No,310592 EXHIBIT "C " * t- W N — O Rte. a, O C'c CD V] 0. � /� a� Z n. e, w CD • m * ** * * * c CD x oro x CI) rd m n Fy r n n 2 o C0CYyd 0 Y P � Ceo `° Q r"� r o , b o r *0 C7 r" - t" -% c ,2,g ir1 077 a o y 77 in C a. ° ri n J �, o m� 17 51, oN , o M Y MM. C.H ro x rit a as a .� 0 oa a �' o a N -_ w a c `Dx.�io — b w2a ( x w ❑ 2 c 2 a_.o 2 2 (/] , ,,. • 5. -,,. 0•° o < O 7w7 � oW w v° w • `°w c N • "a c-- *" -,,0 a n. '' to O a w• o 3 m 001" a m_ a • H N .. lC� y w� H+ ❑ ? .. w o. .,. • a �, �w '0411R •G 7 � N Ec w d w is ,. u, 5- o ❑ w Li O O O O m o _ CIi A A ,, 0.8 ,,.= Cr0 O N CD v ti c g N . �' N w k• 0. 2 - -.a roc 9 w a E. :"!t' % 5,.. t: US POSTAGE>>PITNEY BOWES 1,-) -o at •,� $ 002.40° - : ZIP 19103 4 02 1A o■ :#r • 0001381191 JUN 24 2013 w Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania June 24, 2013 MATTHEW D. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 RE: GMAC MORTGAGE, LLC v. MATTHEW D. MUELLER and STACEY L. MUELLER Premises Address: 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055- 2767 CUMBERLAND County,No. 2012-145 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 JULY 1, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY, Legal Assistant for Phelan Hallinan, LLP 276693 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania June 24,2013 MATTHEW D. MUELLER 305 E MAIN ST CAMP HILL, PA 17011 RE: GMAC MORTGAGE, LLC v. MATTHEW D. MUELLER and STACEY L. MUELLER Premises Address: 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055- 2767 CUMBERLAND County,No. 2012-145 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 JULY 1, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY, Legal Assistant for Phelan Hallinan, LLP 276693 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA t GMAC MORTGAGE, LLC CIVIL DIVISION Plaintiff NO. 2012-145 CIVIL r . MATTHEW D. MUELLER r STACEY L. MUELLER Defendant ° Tf ORDER AND NOW, this Jf � day of G , 2013, afte�' � - 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 MATTHEW D. MUELLER by: REGULAR MAIL TO MATTHEW D. MUELLER at 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767, and 305 MAIN STREET, CAMP HILL, PA 17011 Service by mail is complete upon the date of mailing / CERTIFIED MAIL TO MATTHEW D. MUELLER at 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767, and 305 MAIN STREET, CAMP HILL, PA 17011 Service by mail is complete upon the date of mailing POSTING 16 WEST SCHOOLSIDE DRIVE, _ MECHANICSBURG, PA 17055-2767 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: J. PHS # 276693 A4' j; �, � � FILED-OFFICE E i HE FROTI-i0N0TAf Y Phelan Hallinan, LLP t A ��. Zachary Jones, Esq., Id. No.310721:1' ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • Civil Division v. • • CUMBERLAND County MATTHEW D. MUELLER • STACEY L. MUELLER • No.: 2012-145 CIVIL 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 January 13, 2012. 2. Judgment was entered on November 27, 2012 in the amount of$142,619.68. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 28, 2013, amending the judgment amount to $168,751.82. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 770525 which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on October 2, 2013. 6. 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 $140,446.23 Interest Through October 2, 2013 $21,792.53 Late Charges $44.60 Legal fees $1,300.00 Cost of Suit and Title $2,225.22 Escrow Deficit $10,529.43 TOTAL $176,338.01 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 4/11/2011 ESCROW BALANCE ($1,021.07) 8/15/2011 SCHOOL TAX $2,210.83 3/1/2012 HAZARD INSURANCE $690.90 4/2/2012 CITY TAX $840.32 8/14/2012 SCHOOL TAX $2,232.81 4/17/2012 CITY TAX $881.93 5/27/2013 HAZARD INSURANCE $1,770.00 8/20/2013 SCHOOL TAX $2,232.81 3/30/2013 HAZARD INSURANCE $690.90 TOTAL $10,529.43 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 770525 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 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 "C". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Christylee L. Peck entered an order to Reassess Damages dated May 28, 2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP 9' - 23 -1 DATE: By: Zacyf'Jo• 'squire A%'O' ► OR PLAINTIFF 770525 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 • MATTHEW D. MUELLER STACEY L. MUELLER • No.: 2012-145 CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MATTHEW D. MUELLER and STACEY L. MUELLER 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 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767. 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 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 770525 • 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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 770525 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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 770525 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the 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, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 770525 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 770525 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 Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 770525 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 770525 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: 23- (3 By: ■ Zac ��0 - 'squire A�► ey • ' aintiff 770525 Exhibit "A" 770525 C/4.-.;et PLEb.SE RETURN PHELAN HALLINAN&SCHMIEG,LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 CI ,,, '.:;� 215-563-7000 ° �` rn o 'T' GMAC MORTGAGE,LLC : CUMBERLAND COUNTY =In d -err, vs. : COURT OF COMMON PLEA x - 4.-.i.-1-),C© xi. Al C) nc =C': MATTHEW D.MUELLER : CIVIL DIVISION zo o a�,- STACEY L.MUELLER )''= cr m No.2012-145 CIVIL ,.< p _ • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAAQ `�"�,"Ll= r:-1-k,,;• 11 i err-'- : TO THE PROTHONOTARY: P �� [_�_i Kindly enter judgment in favor of the Plaintiff and against MATTHEW D.MUELLER and STACEY L.MUELLER,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $142,619.68 TOTAL $142,619.68 I hereby certify that(1)the Defendants'last known addresses are 16 WEST SCHOOLSIDEDRii -MECHANICSBURG,PA 17055-2767 and 305 E-MAIN ST,CAMP - - - - HILL,PA 17011,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date `rL'"F y '• IL... .L.,iA i L1,.. !Li eredith Wooters,Esquire Attorney f lainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. 3/#4.41P DATE: + � �7 I • PHS#276693 PROTHONOTARY 276693 Exhibit "B" 770525 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants ORDER AND NOW, this aay of Obki , 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 Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $140,446.23 Interest Through June 5, 2013 $19,052.84 Late Charges $44.60 Legal fees $1,300.00 Cost of Suit and Title $1,413.14 Property Inspections $10.00 Escrow Deficit $6,485.01 TOTAL $168,751.82 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. IASNHIj y ,i BY THE COURT: 276693 Exhibit "C" 770525 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 September 16,2013 MATTHEW D. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 RE: GMAC MORTGAGE, LLC v. MATTHEW D. MUELLER and STACEY L. MUELLER Premises Address: 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 2012-145 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 9/21/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly y;t -s- Zac ary;.i di,Esq., Id. No.310721 oey Plaintiff / hncl 770525 • N gIll at.. 1 Name and Phelan Hallman,LLP �+ , Address 1617 1Ptf Boulevard,Suite 1400. ' Of Sender One Penn Center Plaza 7 Philadelphia,PA 19103 KVM _ 1 o • . Line Article Number Name of Addressee,Street,and Post Office Address Postage ;•1; a 1 raer: . . MATTHEW D.MUELLER 50.46 . .STACEY t..MUELLER ~m 16.WESTSCHOOLSIDEDRIVE MCHANICSBURG,PA 17055-2767 } °` „a°J 2 •ire r MATTHEW 1):MUELLER $0.46 • a STACEY L MUELLER QIt*3� r';`' 305E MAIN ST . . :t>re 4tT CAMP.111LL,PA 17011... " RE:MATTHEW.D.MUELLER(CU BERLAND) P}1#77052511200 ...: Page 1 of 1 $0.92 1-:.1'. 1-(no Nmeler of Tatel Numher'arPiemt PwamYer;Pei of The MI declared=<tyska le required en dl*amok zed international repstezd emit The me P� Listed dySender Recthriiel Pat(MKO Recdviq ) roe die,aco nexioiibfoon.egaiabledocuments ender E>�Mii.Idaoumnetrooninnueie.is piton subject to alimit erssoo,d00 per occurrence.The owiemeaeidemaitypeyadk on Express (..';r `` The mtudreem indamityysya4k is 525.000 for tsputeed mail.meat with optiowl iutanna.Sec i t 1 R90o 3913 and 5921 fa beakliioes of cowl-.. '� 'J"�}`;� >; s. Form 3877 j'acsianile ,.. 3 I e 770525 • 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 MATTHEW D. MUELLER STACEY L. MUELLER • No.: 2012-145 CIVIL • 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. MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG, PA 17055-2767 CAMP HILL, PA 17011 Phelan Hallinan,LLP DATE: -22I By: dal( Zac 4,! , Esquire A%'• '1 FOR PLAINTIFF 770525 jr 1HE 1"i PROTH0NOTArq Phelan Hallinan, LLP Attorney for Plaintiff 2013 SEA 27 AH IO: Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 2012-145 CIVIL MATTHEW D. MUELLER STACEY L. MUELLER : CUMBERLAND COUNTY Defendants • • MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 involved herein has been scheduled for October 2, 2013. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A one month postponement of the Sheriffs Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendants. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. PH#770525 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendants via telephone on September 26, 2013 at(717) 691-1461 however, we had been advised that there is no MATTHEW D. MUELLER or STACEY L. MUELLER at that number. Plaintiff sent a copy of proposed Motion for Postponement of Sheriff's Sale and Order to the Defendants on September 26, 2013. 6. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Christylee L. Peck entered an order to Reassess Damages dated May 28, 2013 and an order for Service of Notice of Sale Pursuant to Special Order of Court on August 5, 2013. WHEREFORE,Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to November 6, 2013. Phelan Ha • an, LLP ' Date: September 26, 2013 'y: /MI rib • ison F. uc arm..•, sq., Id. No.309519 Attorney for ' .mtiff PH#770525 Phelan Hallinan, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 2012-145 CIVIL MATTHEW D. MUELLER STACEY L. MUELLER : CUMBERLAND COUNTY Defendants • • • MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendants. If the Defendants whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129. 2 (c) provides in part: 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 in the judgment who has not entered an appearance and upon the owner of the property 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 PH#770525 by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or 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... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE, Plaintiff respectfully requests a one month continuance of the Sheriffs Sale of the mortgaged premises to the November 6, 2013 Sheriffs Sale. Phelan Halli i. -- _ Date: September 26, 2013 �Alh , F. Zucke - , Esq., Id. No.309519 Attorney ' :' f PH#770525 Phelan Hallinan, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 alison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 2012-145 CIVIL MATTHEW D. MUELLER STACEY L. MUELLER : CUMBERLAND COUNTY Defendants • • • CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriffs Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on September 26, 2013. MATTHEW D. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 Phelan Date: September 26, 2013 By: ison ' • ---- .n, E -., d. No.309519 Attorney for Plaintif PH#770525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER No.: 2012-145 CIVIL Defendants RULE AND NOW,this o?7--61t day of X13, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT A%4��Z! J. rn ay� G )—n CD CD 770525 Zachary Jones,Esq.,Id.No.310721 V Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 /MATTHEW MATTHEW D. MUELLER D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG, PA 17055-2767 CAMP HILL, PA 17011 770525 R�` D 770525 it- , .. OCT - 1 PH 3: t4. ; CUMBERLAND D COD Y PENNSYLVANIA GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff v. : CIVIL DIVISION MATTHEW D. MUELLER : NO. 2012-145 CIVIL STACEY L. MUELLER Defendants : CUMBERLAND COUNTY ORDER d' -env AND NOW,this /44 day of.epterrrber 2013, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG, PA 17055-2767 is postponed one months to the Sheriff's Sale scheduled for November 6, 2013. No further advertising or additional notice to lienholders or Defendants is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: J. PH#770525 DISTRIBUTION LEGEND JOSEPH SCHALK,ESQUIRE ATTORNEY I.D.NO. 91656 Phelan Hallinan,LLP 126 LOCUST STREET HARRISBURG,PA 17101 TEL: (215)563-7000 FAX: (215) 563-8656 Joseph.Schalk@fedphe.com MATTHEW D. MUELLER ACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 RONNY R. ANDERSON, SHERIFF OF CUMBERLAND COUNTY,PENNSYLVANIA 1 COURTHOUSE SQUARE ROOM 303 CARLISLE, PA 17013 !O l//3 PH#770525 ,, . r3LEt —OFF 1C,L e. ROT11ONOD\F 2013 OCT —8 AM ID: 12 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas • Plaintiff vs. • Civil Division • • MATTHEW D. MUELLER • CUMBERLAND County STACEY L. MUELLER • No.: 2012-145 CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 27, 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. MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG, PA 17055-2767 CAMP HILL, PA 17011 Phelan Hallinan, LLP DATE: `o/7/I3 By: J athan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff 770525 t HE PRO MONO-TAR 2013 OCT 21+ Al 9: 5 I CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER : No.: 2012-145 CIVIL 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 September 24, 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 September 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. • 770525 3. A Rule was issued by the Honorable $jdName on or about September 27, 2013 directing the Defendants to show cause by October 17, 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 October 7, 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. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 17, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: /9/2 3/AY By: X Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff • 770525 • . . • . . . . • . : . • Exhibit "A" � - . - • . - . . 770525 IN THE COURT OF COMMON PI.JEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County MATTHEW D. MUELLER STACEY L. MUELLER • No.: 2012-145 CIVIL Defendants RULE AND NOW,this &IA day of lenlhpr 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT • • • ,., . : n C • . 4 La • • 770525 Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia.PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG,PA 17055-2767 CAMP HILL, PA 17011 770525 • 7705")`3 • . . . . . . . Exhibit "B" .. .. . . . . .. . . . . . . • • . • . . . . . . . . 770525 :. rn rs _ r CD d Phelan Hallinan, LLP Jonathan Lobb, Esq., Id.No.312174 A 1 I't)RNE 1 O PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza • Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff vs. Civil Division *60 MATTHEW D. MUELLER CUMBERLAND County STACEY L. MUELLER No.: 2012-145 CIVIL Defendants CERTIFICATION OF SERVICE • I hereby certify that a true and correct copy of the Court's September 27, 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. MATTHEW D.MUELLER MATTHEW D.MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST MECHANICSBURG,PA 17055-2767 CAMP HILL, PA 17011 • Phelan Hallinan, LLP X1..1.,, < .,P .. 13r- .• • Jc athan Lobb,Esq.,Id. No.312174 • • . •• . • • •Attorney for Plaintiff. • • 770525 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • MATTHEW D. MUELLER STACEY L. MUELLER • No.: 2012-145 CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MATTHEW D. MUELLER MATTHEW D. MUELLER STACEY L. MUELLER STACEY L. MUELLER 16 WEST SCHOOLSIDE DRIVE 305 E MAIN ST • MECHANICSBURG, PA 17055-2767 CAMP HILL, PA 17011 ? • Phelan Hallinan, LLP DATE: /��2 V//y By: ,�°l�t/� Adam H: Davis, Esq., Id.No.203034 • • Attorney for Plaintiff 770525 '3OCT 25 F° L: 1 !: UNi3E}RLA: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • vs. • Civil Division MATTHEW D. MUELLER • CUMBERLAND County STACEY L. MUELLER • Defendants • No.: 2012-145 CIVIL ORDER AND NOW, this a ( day ofd , 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 Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $140,446.23 Interest Through October 2, 2013 $21,792.53 Late Charges $44.60 Legal fees $1,300.00 Cost of Suit and Title $2,225.22 Escrow Deficit $10,529.43 TOTAL $176,338.01 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. • tS B THE COURT: J. 10A3A3 v 770525 =:ILED-OFFICE OF THE PPOTHONO TAR`i: PHELAN HALLINAN, LLP ' 2 AM 10: 2013 DEC Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. • CIVIL DIVISION MATTHEW D. MUELLER • NO. 2012-145 CIVIL STACEY L. MUELLER • 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 MATTHEW D. MUELLER on AUGUST 28, 2013 in accordance with the Order of Court dated AUGUST 5, 2013. The property was posted on SEPTEMBER 1,2013. Publication was advertised in THE SENTINEL on AUGUST 30, 2013 & in THE CUMBERLAND LAW JOURNAL on SEPTEMBER 6, 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. Phelan Hallinan, LLP -‘11AralV DATE: 13 By: Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC • CIVIL DIVISION Plaintiff • NO.2012-145 CIVIL v. • osti MATTHEW D. MUELLER STACEY L.MUELLER • r-' r- Defendant '"-. °ca ORDER a 0 �n ae ANI?NOW,-this _ ,..- 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 MATTHEW D.MUELLER by: REGULAR MAIL TO MATTHEW D.MUELLER at 16 WEST SCHOOLSIDE DRIVE,MECHANICSBURG,PA 17055-2767, and 305 MAIN STREET,CAMP HILL,PA 17011 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO MATTHEW D.MUELLER at 16 WEST SCHOOLSIDE DRIVE,MECHANICSBURG,PA 17055-2767, and 305 MAIN STREET,CAMP HILL,PA 17011 Service by mail is complete upon the date of mailing POSTING 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055-2767 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). BY THE COURT: +�, PHS#276693 1 _..� a a s O r b-j � r 5 eppos� CI l ih z N OD �] Q. Id' W N A C A. I r 1)1..1 y a * F—, ** * * * * * . Pi * * * * * * * * * ? t4 ,..i g 06 :171 t' o 1 r} e- r `° p F. til 0'I col Cilrr G r J d I p n H v ° til 2 � 1 g 7, ii s. r ug n * . p,Jr": t ' F o ?IF 1 1x3 . . Q2 1Y ...._ . .'. 00O1381191 AUJG 28 2013 7178 2417 6099 0143 6575 LXH/770525 MATTHEW D. MUELLER 305 E MAIN ST CAMP HILL, PA 17011-0000 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® -USPS TrackingTM Page 1 of 1 English Customer Service USPS Mobile Register/Sign In IGUSPSCOM° Search USPacorn or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions TM E23 Customer Service> USPS Tracking Have questions?Were here to help. Tracking Number:71782417609901436575 Product & Tracking Information Available Options Postal Product: Features: First-Class Mail® Certified Mail' Return Receipt Electronic STATUS OF ITEM WATTOU Electronic August 28,2013 Shipping Info Received Track Another Package What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy Government Services, About USPS Horne Business Customer Gateway Terms of User Buy Stamps&Shop, Newsroom Postal Inspectors, FOIA> Print a Label with Postage' USPS Service Alerts, Inspector General No FEAR Act EEG Data. Customer Service Forms&Publications Postal Explorer Delivering Solutions to the Last Mile, Careers' Site Index USPICOM" DopyrightlO 2013 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901436575 11/11/2013 n mo 7178 2417 6099 0143 6568 LXH/770525 MATTHEW D. MUELLER 16 WEST SCHOOLSIDE DRIVE MECHANICSBURG, PA 17055-2767 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register I Sign In alUSPSCOM. 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Tracking Number:71782417609901436568 Scheduled Delivery Day:August 30,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mail® Certified Mail" September 5,2013,6:00 Delivered PHILADELPHIA,PA 19103 am September 3,2013,11:30 Available for Pickup PHILADELPHIA,PA 19103 am September 3,2013,10:22 Arrival at Unit PHILADELPHIA,PA 19104 am September 1,2013,7:13 Processed through PHILADELPHIA,PA 19176 am USPS Sort Facility August 31,2013,12:02 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility August 31,2013 Depart USPS Sort LANCASTER,PA 17604 Facility August 30,2013,4:54 pm Processed through LANCASTER,PA 17604 USPS Sort Facility August 29,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility August 28,2013,9:51 pm Processed through PHILADELPHIA,PA 19176 USPS Sort Facility August 28,2013,6:08 pm Dispatched to Sort PHILADELPHIA,PA 19102 Facility August 28,2013,2:39 pm Acceptance PHILADELPHIA,PA 19102 August 28,2013 Electronic Shipping Info Received Track Another Package What's your tracking(or receipt)number? Track It https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901436568 11/11/2013 I AFFIDAVIT OF SERVICE(.FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PH#770525 DEFENDANT SERVICE TEAM/spl MATTHEW D.MUELLER COURT NO.:2012-145 CIVIL STACEY L.MUELLER SERVE MATTHEW D.MUELLER AT: TYPE OF ACTION 16 WEST SCHOOLSIDE DRIVE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055.2767 SALE DATE:10/02/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to MATTHEW D.MUELLER,Defendant on the .1 day of . ` . °20 13,at 3`r0 ,o'clock,.M.,at 16 WEST SCHOOLSIDE DRIVE,MECHANICSBURG,PA 17055.2767,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. _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, Al.-CC itiletN,a competent adult,hereby verify that I 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, p{_ DATE: 1 tyd NAME: . ` ti+`V6l "" ' I PRINTED NAME:firN 6-A TITLE: .S. getwefZ- NOT.SERVED_ On the day of ,20 at o'clock_.M..I, ,a competent adult hereby state that Defendant NOT FOUND because: 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 unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.IIallinan,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 i\, Courtenay R.Dunn,Esq.,Id.No.206779 8� Allison F.Zuckerman,Esq.,Id.No.309519 .. Melissa J.Cantwell,Esq.,Id.No.308912 PROOF OF PUBLICATION, State of Pennsylvania,County of Cumberland Jackie Cox,Director of Sales,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): August 30,2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFFS SALE Affiant further deposes that he/she is not IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA interested in the subject matter of the NO 24 -1e MVO. aforesaid notice or advertisement,and that GMAC MORTGAGE,LLC vs, all allegations in the foregoing statement as MATTHEW D MUELLER and STACEY L.MUELLER NOTICE TO: MATTHEW P,MUELLER to time,place and character of publication NOTICE OF SHERIFF'S SALE OF REAL PROPERTY via true. 8nl Peer}i}�a ,'IQ IAWgsr CHQCLSIOE DRIVE,MECHANIO8UURO,PA Being InM NIOStIURGaOItOt1G dfiis otCUMSEttLANI?, , Commonwealth at PPcnn*Ylvt lloa,.18' sideIE Improvements orrnvtatof resident prapa Sold es the property at.MiATTHEW U MUk t� nd STACEY L MUELLER Your soot*((rval tatelet1l3 TSICHQ E , SIECHANICSEURG..PPA 11p5�TE1'S std G4d 83 be cold dt a i tutson1074?f"ZO1 Sat ltf11b,AMattaeCrU�.,BERLAN000UORy owthou Caurtttau 22quare,Radm 3O9;GrrNuto,PA 17 I1,1),keenloroe the Obutt Sworn to and subscribed before me this nrigmentot Si4a,819 68 obtalneci by,-t3MAC MO t JIGE,LLC(the mortoagea),against the above promises. ?HELAN HALLINAN.LLP 3w 4 1� • Attorney for Plaintiff �7 �� *kSte._ L_. - R► • Notary P•blic My commission expires: COMMONWEIt T 1 OF PENNSYLVANIA Notarial Seal Bethany M.Holtry,Notary Public Carlisle Boro,Cumberland County My Commission '+• s QN 5,iO fSmut MEMOEI1;'i'FH YLW,I4IA J SSOC1 1 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 September 6, 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. � tom"°I .`.. Lisa M i de Coyne, Editor SWORN TO AND SUBSCRIBED before me this 6 day of September,2013 , � ... if .,.� . ' Notary t.OTA;a1At.'''''AL . 1 180111 ;A Cot.L1I S ";Dtary PA IT GxF inE b 3ROLI CUt�E r�'tr:",is CGtl 4TY tl,f Commission Erxren Apr 48,Al,m, �,. . rAWir WNW W I CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County,Pennsylvania NO.2012-145 CIVIL GMAC MORTGAGE,LLC vs. MATTHEW D.MUELLER and STACEY L.MUELLER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO:MATTHEW D.MUELLER Being Premises:16 WEST SCHOOL- SIDE DRIVE,MECHANICSBURG,PA 17055-2767. Being in MECHANICSBURG BOR- OUGH, County of CUMBERLAND, Commonwealth of Pennsylvania, 18-22-0519-227. Improvements consist of residen- tial property. Sold as the property of MAT- THEW D.MUELLER and STACEY L. MUELLER. Your house(real estate)at 16 WEST SCHOOLSIDE DRIVE, MECHANICS- BURG,PA 17055-2767 is scheduled to be sold at the Sheriff's Sale on October 2,2013 at 10:00 A.M.at the CUMBER- LAND County Courthouse, 1 Court- house Square,Room 303,Carlisle,PA 17013,to enforce the Court Judgment of$142,619.68 obtained by, GMAC MORTGAGE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff Sept.6 6 SHt-RIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody y S Smith FEL 28 RA r-:4 Chief Deputy ;° Richard W Stewart ' Solicitor OFFICE "° " PENNSYUVAtij'IA GMAC Mortgage, LLC Case Number vs. 2012-145 Stacey L. Mueller(et al.) SHERIFF'S RETURN OF SERVICE 04/01/2013 04:47 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 16 West Schoolside Drive, Mechanicsburg, PA 17055, Cumberland County. 04/11/2013 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: Matthew D. Mueller, 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 305 E. Main Street, Camp Hill, PA 17011, address is vacant, defendant did not leave a forwarding address at post office. 04/12/2013 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 L. Mueller, 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 16 W. Schoolside Drive, Mechanicsburg, PA 17055, address is vacant, defendant did not leave a forwarding address with post office. 06/03/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 08/19/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 10/01/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 11/06/2013 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, Cumberland County, PA on November 06, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $977.51 SO ANSWERS, February 18, 2014 RON , R ANDERSON, SHERIFF a • as- (c j%oun;ySutp Sheriff,1pleosoft.inc _30 On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 16 West Schoolside Drive, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: al Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-145 Civil GMAC MORTGAGE,LLC vs. STACEY L. MUELLER, Matthew D. Mueller Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 2012-145 CIVIL, GMAC MORT- GAGE,LLC vs.MATTHEW D.MUEL- LER,STACEY L.MUELLER owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumber- land County, Pennsylvania, being 16 WEST SCHOOLSIDE DRIVE, MECHANICSBURG,PA 17055-2767. Parcel No. 18-22-0519-227. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$142,619- .68. 58 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, April 19 and April 26, 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—��- 1-:::--a— Fsa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 26 dav of April, 2013 Notary NOTARIAL SEAL DEBCRAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Zbe Patr1*otwXtws Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUOLICATION COPY This ad ran on the date(s)shown below: 2N2-1415 CIW 04/16/13 QMAC MORTQAQE,LLC, Va. _ 04/23/13 STACEY L.MUELLER r 04/30/13 Matthew 0.Mueller Alty: Joseph P.Schalk BY virtue of a Writ of Execution N0.2012- rl / . . . . . . . . . . . . . . . . 145 CIVIL GMACMORTGAGE LLO VS. Sworn to and subscribed befor me this 13 day of May, 2013 A.D. MATTHEW D.MUELLER STACEY L MUELLER ,owner(s) of property situate in the BOROUGH OF 111ECHANICSBURG, tary Public Cumberbwd County,Pennsylvania,being (MMunicpat!g) 16 WEST SCHOOLSIDE DRIVE, MECHAMCSBURG,PA 17055-2761 P=I No.18-22-0519-227 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING. COMMONWEALTH OF PENNSYLVANIA JUDOMENTAMOUNi'$142,619.68 Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 6th day of November A.D., 2013, under and by virtue of a writ Execution issued on the 8th day of January, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 145, at the suit of GMAC Mortgage against Matthew D. Mueller and Stacey L. Mueller is duly recorded as Instrument Number 201404210. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this °� day of Feb - , A.D. QUI Ll P4=ft oeWs Qmft nd cart�te Recorder of De ds ,f�a MY Commission Expires the First Monday of Jan.2018