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HomeMy WebLinkAbout12-1695A .i f -NO'l HGN T ?U?2 MAR -U BERLAND CQUNPi" PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 267062 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. JOHN J. DONELON A/K/A JOHN J. DONELON, JR. JANICE L. DONELON 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM OI l qs C?vd NO. p? a- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 267062 ckm? ?? b3 7s ?d c?'# R 4 ,9 -7 9. <J9 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 267062 I . Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN J. DONELON A/K/A JOHN J. DONELON, JR. JANICE L. DONELON 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/25/2006 JOHN J. DONELON and JANICE L. DONELON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1952, Page 2978. By Assignment of Mortgage recorded 10/14/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201128572.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 267062 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 10/24/2011: Principal Balance $116,643.06 Interest $12,635.18 07/01/2010 to 10/24/2011 Late Charges $853.06 Property Inspections $167.00 Appraisal/Brokers Price Opinion $166.00 Escrow Deficit $3,060.47 Subtotal $133,524.77 Suspense Credit 645.52 TOTAL $132,879.25 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 267062 Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $132,879.25, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAJ HALLINAN & ?CHMIEG, LLP By: Robert W. Cu-#*' Attorney for Pl intiff File #: 267062 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, with the improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, twelve hundred forty-one (1241) feet northward from a division line between lands now or formerly of Robert J. Strong and Edward D. McClune; thence in a northeastern direction, along lands now or formerly of Strong, one hundred fifty-four (154) feet to a point, marked by a post, at a corner of land and a public road leading from Heck's Bridge; thence along said public road, in a southeastern direction one hundred thirty-five (135) feet to a point at other lands now or formerly of Edward B. McClune; thence along lands now or formerly of Edward B. McClune, in a southwestern direction, one hundred forty six (146) feet to a point, marked by an iron pin, at corner of lands of Robert J. Strong; thence in a northern direction, along lands of Robert J. Strong one hundred thirty-nine (139) feet six (6) inches to the place of BEGINNING. HAVING THEREON ERECTED a one-story structure and outbuildings, known as 1106 Oyster Mill Road, Camp Hill, Pennsylvania. 'UNDER AND SUBJECT to all conditions, restrictions and easements of records.' File k: 267062 BEING THE SAME PREMSIES WHICH Steven A. Murray and Diane Murray, A/K/A Diane M. Murray, by deed dated August 23, 2005, and recorded August 25, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 270, Page 2880, granted and conveyed unto Tricia A. Colyer, Grantors herein. Tricia A. Colyer, n/k/a Tricia A. Frankenstein, has since married Jesse Frankenstein, who joins in this conveyance to grant and convey all his right, title and interest to the property by virtue of his marriage to Tricia A. Colyer. PROPERTY ADDRESS: 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003 PARCEL # 09-16-1054-014 File # 267062 VERIFICATION Vadim Preysman. hereby states that he/she Authorized Officer MORTGAGE, LLC, servicing agent for Plaintiff in this matter, GMAC this Verification, and verify that the statements ma er, that he/she is authorized to make de in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her informs understands that this statement is made subject tot information and belief. The undersigned he penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ? -f ?. File#: 267062 Name: DONELON 4? Name: - Title: Authorized Officer GMAC MORTGAGE, LLC File k: 267062 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor tL-a'-1SL?+a 1.) vt . , Deutsche Bank Trust Company Case Number vs. John J. Donelon (et al.) 2012-1695 SHERIFF'S RETURN OF SERVICE 04/02/2012 06:21 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1821 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John J. Donelon, by making known unto himself personally, at 1106 Oyster Mill Road, 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. RONALD HOOVER, DEPUTY 04/02/2012 06:21 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1821 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Janice L. Donelon, by making known unto John J. Donelon, Husband of Defendant at 1106 Oyster Mill Road, 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. RONALD HOOVER, DEPU Y SHERIFF COST: $59.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF w T t .>^. , ` ' Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LI;P Matthew Brushwood, Esq., Id. No.31059 , ? IE ;, , _ '' (e 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 VS. JOHN J. DONELON A/K/A JOHN J. DONELON, JR -)JANICE L. DONELON CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 121695-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 JOHN J. DONELON A/K/A JOHN J DONELON, JR, and JANICE L. DONELON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $132,879.25 $132,879.25 I hereby certify that (1) the Defendants' last known address is 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date DAMAGES ARE HEREBY ASSESSED AS INDIC DATE: a --Uf PHS # 267062 M tthe wood, Esquire 4?y Attorne or Plaintiff 11 C4611 267062 PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. JOHN J. DONELON A/K/A JOHN J. DONELON, JR JANICE L. DONELON CIVIL DIVISION No. 121695-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN J. DONELON A/K/A JOHN J. DONELON, JR is over 18 years of age and resides at 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003. (c) that defendant JANICE L. DONELON is over 18 years of age and resides at 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 6?PP02__ a h Br shwood, Esquire Atto y r Plaintiff 267062 (Rule of Civil Procedure No. 236) - Revised DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 VS. JOHN J. DONELON AWA JOHN J. DONELON, JR JANICE L. DONELON CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 121695-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 Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY** 267062 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff V. JOHN J. DONELON, A/K/A JOHN J. DONELON, JR JANICE L. DONELON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 121695-CIVIL CUMBERLAND COUNTY TO: JOHN J. DONELON, A/K/A JOHN J. DONELON, JR 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 DATE OF NOTICE: t4ld -7 11,9 /,4 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE -- C 1tL ISLE„ PA 17013 Z (717) 249 ARdr'eat J. Mar y, Riquire Attorney for Plaintiff Phelan Hallinan & Sc ; g, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267062 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff V. JOHN J. DONELON, A/K/A JOHN J. DONELON, JR JANICE L. DONELON Defendant(s) TO: JANICE L. DONELON COURT OF COMMON PLEAS CIVIL DIVISION NO. 121695-CIVIL CUMBERLAND COUNTY 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 DATE OF NOTICE: 7 L-, / THIS FIRM IS A WEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE C RLISLE, PA 17013 / (717) 24q., 6 &ndrcw J. Marlfr, , Esquixle-i Attorney for Plaintiff Phelan Hallinan & Sc ieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267062 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1695 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff (s) From JOHN J. DONELON A/K/A JOHN J. DONELON, JR, JANICE L. DONELON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $132,879.25 L. L.: $.50 Interest FROM 6/5/2012 TO DATE OF SALE ($21.84 PER DIEM) - $4,018.56 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $210.25 Other Costs: Plaintiff Paid: Date: 8/9/2012 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff v JOHN J. DONELON A/K/A JOHN J. DONELON, JR JANICE L. DONELON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/05/2012 to Date of Sale ($21.84 per diem) TOTAL Note: Please attach description of property. PHS # 267062 CJ pso2$.5Z ai? :501.00 F l03• ?S ((It ?Le.Soit w a• pd a Rio •as COURT OF CIVIL DIVISION . NO.: 121695-CIVIL CUMBERLAND rn $132,879.25 p zc) $4,018.56 y? -+ _11 PLEAS C r-" 4c:> =-n E5 w $136,897.81 la nan & chmieg, LLP atthew Bru , Esq., Id. No.310592 Attorney for Plaintiff S6 .99 S -0 LW_ 'S. 56 L'- 0 j .9-7 901 ? ?j ?F_ o? ?a A, oa ?H O U oUo z 0 A4 Uw ?a U t- a ?D O O N a 9 0 w W H a H d U w O H H x w •? x •? ci a H W A > 9 z 0 a z A zti x O d z z0 Wow o A r. Aar ?UQ M-0 O? 0 UW W ? Oo v i w o? b a? .O i c? Q. 3 b c4 ti z 0 0 Q ti Q ? C O zao W ? a O Aa",d tiox 0- - N kt) 0 M O az E °' vw a w ^ M yQ' O O z o , ? O a QHa UO?C QoU LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, with the improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, twelve hundred forty-one (1241) feet northward from a division line between land now or formerly of Robert J. Strong and Edward D. McClune; thence in a northeastern direction, along Ian( now or formerly of Strong, one hundred fifty-four (154) feet to a point, marked by a post, at a corner of Ian( and a public road leading from Heck's Bridge; thence along said public road, in a southeastern direction one hundred thirty-five (135) feet to a point at other lands now or formerly of Edward B. McClune; thence alon lands now or formerly of Edward B. McClune, In, in a southwestern direction, one hundred forty-six (146) feet to a point, marked by an iron pin, at corner of lands of Robert J. Strong; thence in a northern direction, along lands of Robert J. Strong one hundred thirty-nine (139) feet six (6) inches to the place of beginning. HAVING THEREON ERECTED a one-story structure and outbuildings. UNDER AND SUBJECT to all conditions, restrictions and easements of records. TITLE TO SAID PREMISES VESTED IN John J. Donelon, Jr., and Janice L. Donelon, h/w, b: deed from Tricia A. Colyer, n/k/a Tricia A. Frankenstein and Jesse Frankenstein, h/w, recorded 05/31/2006 in book 274, page 4043. PREMISES BEING: 1106 OYSTER MII,L ROAD, CAMP ROLL, PA 17011-1003 PARCEL NO. 09-16-1054-014 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 r 1-E D - OFF l ` One Penn Center Plaza :'. I HE PROTHONOTAR ) Philadelphia, PA 19103 2012 AUG -g AM 10: 39 215-563-7000 CUMBERLAND COUNTY DEUTSCHE BANK TRUST COMPAN'?W*i* AAS TRUSTEE FOR RALI 2006QS7 Plaintiff V. JOHN J. DONELON A/K/A JOHN J. DONELON, JR JANICE L. DONELON Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 121695-CIVIL : CUMBERLAND CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa. B. 394 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities r hell allin & Schmieg, LLP Matthew rushwood, Esq., Id. No.310592 Attorney for Plaintiff to DEUTSCHE BANK TRUST COMPANY AMERICAS AS ;TRUSTEE FOR RALI 2006QS7 FIED-OFFICE Plaintiff OF THE PROTHONOTARY V. 2012 AUG -9 AM 10: 39; JOHN J. DONELON A/K/A JOHN J. DO R ND COUNTY t LVANCA JANICE L. DONELON Defendant(s) COURT OF COMMON (PLEAS CIVIL DIVISION NO.: 121695-CIVIL CUMBERLAND PHS # 267062 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7, Plaintiff in the abc by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information the real property located at 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003. Name and address of Owner(s) or reputed Owner(s): Name 2. JOHN J. DONELON A/K/A JOHN J. DONELON, JR JANICE L. DONELON SAME AS ABOVE Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) action, by the 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) I TENANT/OCCUPANT 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false state s herein are made subject to the of 18 Pa. C.S.A. § 4904 relating to unworn falsification to au riti . Date: By: chmieg, LLP Esq., Id. No.310592 Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY AMERICAS AS COURT OF COMMON PL EAS TRUSTEE FOR RALI 2006QS7 CIVIL DIVISION Plaintiff NO.: 121695-CIVIL VS. DONELON A/K/A JOHN J. DONELON, JR CUMBERLAND COUNT JOHN J C, . JANICE L. DONELON = _4 Defendant(s) sn f w ' an c - ca ter NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Ca p TO: JOHN J. DONELON A/K/A JOHN J. =C1 v o -? DONELON, JR JANICE L. DONELON 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBT AINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR CY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT O Y ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003 is sche uled to be sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,879.25 obtained by DEUTSC BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 (the mortgagee) again t you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R. P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1l 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance y?u will have of stopping the sale. (See notice on page two on how to obtain an attorney.) RI EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find ou if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule o distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in is office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the herifi within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BE O TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 121695-CIVIL DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7 VS. JOHN J. DONELON A/K/A JOHN J. DONELON, JR JANICE L. DONELON owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003 Parcel No. 09-16-1054-014 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,879.25 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, with the improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, twelve hundred forty-one (1241) feet northward from a division line between lands now or formerly of Robert J. Strong and Edward D. McClure; thence in a northeastern direction, along lands now or formerly of Strong, one hundred fifty-four (154) feet to a point, marked by a post, at a corner of land and a public road leading from Heck's Bridge; thence along said public road, in a southeastern direction one hundred thirty-five (135) feet to a point at other lands now or formerly of Edward B. McClune; thence along lands now or formerly of Edward B. McClune, In, in a southwestern direction, one hundred forty-six (146) feet to a point, marked by an iron pin, at corner of lands of Robert J. Strong; thence in a northern direction, along lands of Robert J. Strong one hundred thirty-nine (139) feet six (6) inches to the place of beginning. HAVING THEREON ERECTED a one-story structure and outbuildings. UNDER AND SUBJECT to all conditions, restrictions and easements of records. TITLE TO SAID PREMISES VESTED IN John J. Donelon, Jr., and Janice L. Donelon, h/w, by deed from Tricia A. Colyer, n/k/a Tricia A. Frankenstein and Jesse Frankenstein, h/w, recorded 05/31/2006 in book 274, page 4043. PREMISES BEING: 1106 OYSTER MILL ROAD, CAMP IU LL, PA 17011-1003 PARCEL NO. 09-16-1054-014 '~f i ~vi~ --- r, r~ t -,y PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esy., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney;;~bY~`~ s`i if~ Cj ~ ~ ~ ~ '°i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY CUMBERLAND COUNTY AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN J. DONELON A/K/A JOHN J. DONELON, JR No.: 121695-CIVIL JANICE L. DONELON Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(x) 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 Certi Mail Return Receipt stamped by the U.S. Postal Service is at hed her o xhibit ` " NaV ~ 6 2012 .Can squi Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 # 267062 r W + r »~. ., ~ ~ ~ ~ ~ ~ ~ d ~ W p ~ A w d tVM ~, QRK~ '~. r]~~ ~~ r+ w ~ ~~ ~~ ~ e ~ ~ "" ~ ~ W ~ ~ ~ ~ ~~+~+ rr "d A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~,~~r S~ t~i ~ ~ ~ t~6 rp V ,~ ~ p M~ rr ~ A ~CJ m y ~ ~ ~ ~• ~° ¢ `O @ Q ~ 0 M 4 ~ nn A ea a l ~ ! z i r ~o e C a \/ t V ~ ~J Q N r `^ {l~ to VI ."~. 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