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HomeMy WebLinkAbout12-2461? F r { ? r ll J• p Cow 5 L'1"4 i PHELAN HALLINAN & SCH 41EG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 Defendant File #: 272876 272876 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. la - o' W U/ 8VI-f CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE a) Cl 0 !03.7Spd a tiZ a 7 ?-(USO 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 #: 272876 Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/17/2007 RICHARD T. SHOOK and CATHY L. SHOOK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200733177. By Assignment of Mortgage recorded 12/19/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201135275.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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 272876 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon 6. are collectible forthwith. The following amounts are due on the mortgage as of 03/01/2012: Principal Balance $263,992.67 Interest $21,174.44 01/01/2011 to 03/01/2012 Late Charges $1,171.30 Property Inspections $157.75 Escrow Deficit $2,089.35 TOTAL $288,585.51 7 8 9 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. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 272876 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $288,585.51, 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. AN & SCHMIEG, LLP By: Esq., Id. No.80193 File #: 272876 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING at a point on the western right of way line of West View (50 foot right of way, 32 foot cart-way), said point being at the Southeast corner of Lot No. 15 on the hereinafter mentioned Plan of Lots; thence by western right of way line of West View, South 00 degrees 10 minutes 19 seconds East, a distance of 80.00 feet to a point at Lot No. 17 on the hereinafter mentioned Plan of Lots; thence by Lot No. 17, South 89 degrees 49 minutes 41 seconds West, a distance of 190.07 feet to a point at land now or late of Carl Eugene Jumper; thence by land now or late of Carl Eugene Jumper, North 00 degrees 09 minutes 06 seconds West, a distance of 80.00 feet to a point at Lot No. 15 on the hereinafter mentioned Plan of Lots; thence by Lot No. 15, North 89 degrees 49 minutes 41 seconds East, a distance of 190.04 feet to a point at the western right of way line of West View, the point and place of BEGINNING. BEING Lot No. 16 on a Final Subdivision Plan for North Ridge Phase VII, as recorded in Cumberland County Plan Book 90, Page 95. CONTAINING 15,204.47 square feet or 0.349 acres. PROPERTY ADDRESS: 185 WEST VIEW, CARLISLE, PA 17013-8151 PARCEL # 29-06-0019-112 File #: 272876 VERIFICATION hereby states that he/she WE' ufhorhad ()fffnptiii of GMAC MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: )::j Ll /^ I'd AI I Name: y t Title: Authorized Offiock File#: 272876 Name: SHOOK GMAC MORTGAGE, LLC Hit #: 272876 GMAC MORTGAGE, LLC Plaintiff(s) f 3 i 1 3 1,0 , 7 2 RICHARD T. SHOOK VS. QEF'LA?:`O CUNT` ?E-KmSi`L'NANIA Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA 12`QlQ /Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. ?v Date of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your _. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: State: Zip: Yes E:1 No El Listing date: Price: $ Realtor Phone:_ Yes ? No ? Office: Cell: How long? State: Zip: Phone Numbers: Home: Email: # of people in household: Mailing Address: City: Phone Numbers: Home: Email: # of people in household: First Mortgage Lender:_ Loan Number: Second Mortgage Lender: Office: Cell: Other: How long? Date you Closed Your Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: _ Date of Last Payment: Other: State: Zip: Type of Loan: Type of Loan: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No E] If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Pa ment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto f ieUre airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Twit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: _ Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor cU1 MAY -4 PM 3: 21 PF NNSYLVAHIA GMAC Mortgage, LLC vs. Richard T. Shook Case Number 2012-2461 SHERIFF'S RETURN OF SERVICE 04/26/2012 07:50 PM - 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: Richard T. Shook, 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 Richard T. Shook. Request for service at 185 West View, Carlisle, Pennsylvania 17013 is vacant. Request for service at 185 N. West Street, Carlisle, Pennsylvania 17013 does not exist. SHERIFF COST: $61.00 May 02, 2012 STEPHEN BENDER, DEPUTY SO ANSWERS, R007 R ANDERSON, SHERIFF cCav Aw' Sher l ; o!t. ?:,; GMAC MORTGAGE, LLC vs RICHARD T. SHOOK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF;NNSTLVANIA Plaintiff(s), , }' ;1 L n Defendant(s) 1 - Y ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Y Date of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: State: -Zip: Yes ? No ? Listing date: -Price: $ -Realtor Phone:_ Yes ? No ? Phone Numbers: Home: Email: # of people in household: Mailing Address: City: Phone Numbers: Cell: Office: State: Zip: Other: How long? Home: Cell: Date you Closed Your Loan: Email: # of people in household: How long? First Mortgage Lender: Loan Number: Second Mortgage Lender: Type of Loan: Office: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: _ Included Taxes & Insurance: Other: State:__Zip: Type of Loan: Primary Reason for Default: Is the loan in Bankruptcy'? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $_ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model:_ Amount owed: Value: Other transportation (automobiles. boats. motorcvcles): Model: owed: Value Monthly Income Name of Employers: 1. Year: Year: Year: Amount 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No F] If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 7. _ t'`Y!Jf'' 7 if r it ?• EP q'S YLV;? NIA PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No. 80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 Defendant 272876 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. J a -ay l-l Cl 0 11 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE i?;? ..vAar f dVs VLii?j l1 tCi >>ithin to be a true and ,or rect cOPY 1r?'?ty?n File #: 272876 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the of said COW-at Pa. .1 This _QMday of I-Vr1? • 20 12 rothonotary `?4p 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 #: 272876 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/17/2007 RICHARD T. SHOOK and CATHY L. SHOOK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200733177. By Assignment of Mortgage recorded 12/19/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201135275.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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 272876 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon 6 are collectible forthwith. The following amounts are due on the mortgage as of 03/01/2012: Principal Balance $263,992.67 Interest $21,174.44 01/01/2011 to 03/01/2012 Late Charges $1,171.30 Property Inspections $157.75 Escrow Deficit $2,089.35 TOTAL $288,585.51 7 9 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. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File li: 272876 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $288,585.51, 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. AN & SCHMIEG, LLP By: Rohert W. C4ick, Esq., Id. No.80193 File #: 272876 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING at a point on the western right of way line of West View (50 foot right of way, 32 foot cart-way), said point being at the Southeast corner of Lot No. 15 on the hereinafter mentioned Plan of Lots; thence by western right of way line of West View, South 00 degrees 10 minutes 19 seconds East, a distance of 80.00 feet to a point at Lot No. 17 on the hereinafter mentioned Plan of Lots; thence by Lot No. 17, South 89 degrees 49 minutes 41 seconds West, a distance of 190.07 feet to a point at land now or late of Carl Eugene Jumper; thence by land now or late of Carl Eugene Jumper, North 00 degrees 09 minutes 06 seconds West, a distance of 80.00 feet to a point at Lot No. 15 on the hereinafter mentioned Plan of Lots; thence by Lot No. 15, North 89 degrees 49 minutes 41 seconds East, a distance of 190.04 feet to a point at the western right of way line of West View, the point and place of BEGINNING. BEING Lot No. 16 on a Final Subdivision Plan for North Ridge Phase VII, as recorded in Cumberland County Plan Book 90, Page 95. CONTAINING 15,204.47 square feet or 0.349 acres. PROPERTY ADDRESS: 185 WEST VIEW, CARLISLE, PA 17013-8151 PARCEL # 29-06-0019-112 File #: 272876 VERIFICATION V"m Prey hereby states that he/she ie?':Lfhori?ed t]f#w of GMAC MORTGAGE, LLC, Plaintiff in this. matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: --j L- ?? t Name: if yadim Title: Authorized O£ficck File#: 272$76 Name: SHOOK GMAC MORTGAGE, LLC. File N: 272876 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC tii_ED -- YFFCE I PHS#272876 Ur PRO HONOTAR Y DEFENDANT SERVICE TEA ?y RICHARD T. SHOOK COURT NO.: 1 2 AM 9:41 SERVE RICHARD T. SHOOK AT: TYPE OF AC - LANG CQMTY 4088 STONEWOOD CT UNIT 46 XX Mortgage Fore NEWPORT, MI 48166-7816 XX Civil Action SERVED Served and made known to RICHARD T. SHOOK , Defendant on the &tQiy of _T(.t tV (_ 20 1),, at 7 ; I1 , o'clock P.M., at 1(b QP S-iy v c" L,> cod C'1` in the manner described below: Defendant personally served. i1vFw P 02-t yi6c, 'le i 4 <r _'Adult family member with whom Defendant(s) reside(s). Relationship is ii t 5 -514) . 2 A C''I -R- y SA co K _ 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 ZL_. Height.S y Weight IS6 Race &h 11(Sex M_. Other I, IDo nj SP fYl /CL ?i2s a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ?? *Alzu? Sworn to and subscribed before "m"'e? this 18 day of ? ?_, 20LZ M CAf1EW Noklry PUM • MChig Wbpw CCU* rMV Cofferdow 000 Jul 2.2013 A AC" In 80 No y: By: DEAN M CA=TELCA CovMr a NOT SERVED On the day of _ 20_, at __ o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist - Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Rornano, 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 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 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. RICHARD T. SHOOK F ILLt i ?iE PROTHONOTAR Attorney for Plaintiff 2012 AUG - I AM 10: 09 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-2461-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 RICHARD T. SHOOK, 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 I follows: As set forth in Complaint TOTAL $288,585.51 $288,585.51 I hereby certify that (1) the Defendant's last known addresses are 185 WEST VIEW, CARLISLE, PA 17013-8151 and 4088 STONEWOOD CT UNIT 46, NEWPORT, MI 48166- 7816, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date- 31-12 ff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 272876 PROTHONOTARY am,&i ,soPda e.k- --I a '751 27287 6 7 8'711 g.* IV r .r ?fI P.? PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. RICHARD T. SHOOK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-2461-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 knc of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant RICHARD T. SHOOK is over 18 years of age and resides at 185 WEST VIEW, CARLISLE, PA 17013-8151 and 4088 STONEWOOD CT UNIT 46, NEWPORT, MI 48166-7816. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date / ` 1"1 2- AZryJ uire ntiff (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS RICHARD T. SHOOK CIVIL DIVISION No. 12-2461-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 3W0009V By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, 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 A SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY** 2728 GMAC MORTGAGE, LLC V. Plaintiff RICHARD T. SHOOK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-2461-CIVIL CUMBERLAND COUNTY TO: RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 1701133-81151 DATE OF NOTICE: -7 Z (I It 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 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE RLISLE, PA 17013 (7174t49-3166 By: beladtlallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 272876 GMAC MORTGAGE, LLC V. Plaintiff RICHARD T. SHOOK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-2461-CIVIL CUMBERLAND COUNTY TO: RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 DATE OF NOTICE: *Z 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 CARLISLE, PA 17013 (7'7)249-3166 e . Esquire ?r or Plaintiff ! Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 272876 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2461 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE LLC Plaintiff (s) From RICHARD T. SHOOK (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 any ne other than a named garnishee, you are directed to notify him/her that he/she has been added as a gamis; ee and is enjoined as above stated. Amount Due: $288,585.51 L.L.: $.50 Interest FROM 8/2/2012 TO DATE OF SALE ($47.44 PER DIEM) - $5,977.44 Atty's! Comm: % Due Prothy: $2.25 Atty Plaid: $212.25 Other Costs: Plaintiff Paid: Date: 8/30/2012 David D. Buell, Prothonotary (Seal) ?Y o _-?"e- Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V RICHARD T. SHOOK Defendant(s) NO.: 12-2461-CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/02/2012 to Date of Sale ($47.44 per diem) TOTAL J Note: Phase attach description of property. PHS # 272876 DS ,wq? AF50 I Uf>. 7s 14. 4 tt N LL- bw 7_3 P#,g pow ? $288,585.51 $5,977.44 r N :Po $294,562.95 W a 3allinan & Schmieg, LLP Z G chael Kolesnik, Esq., Id. No.30 for Plaintiff --C S v ca -?' -t N r14 of P ? :15scco'l v ? 3 v= O d 0-4 O ?? W d PA UA O a' O W H a O ? ° O A H? ?? w a tom" v W U '?.1 U a U w r- 00 C) 0 M a r? ?W v Y o? a f L a e 1 ? ? LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING at a point on the western right of way line of West View (50 foot right of way, 32 foot cast-way), said point being at the Southeast corner of Lot No. 15 on the hereinafter mentioned Plan of, Lots; thence by western right of way line of West View, South 00 degrees 10 minutes 19 second$ East, a distance of 80.00 feet to a point at Lot No. 17 on the hereinafter mentioned Plan of Lots; thence by Lot No. 17, South 89 degrees 49 minutes 41 seconds West, a distance of 190.07 feet to a poifnt at land now or late of Carl Eugene Jumper; thence by land now or late of Carl Eugene Jumpers North 00 degrees 09 minutes 06 seconds West, a distance of 80.00 feet to a point at Lot No. 15 on the hereinafter mentioned Plan of Lots; thence by Lot No. 15, North 89 degrees 49 minutes 41 second$ East, a distance of 190.04 feet to a point at the western right of way line of West View, the point and place of BEGINNING. BEING Lot No. 16 on a Final Subdivision Plan for North Ridge Phase VII, as recorded in Cumberland County Plan Book 90, Page 95. CONTAINING 15,204.47 square feet or 0.349 acres. UNDER AND SUBJECT to certain building and use restrictions recorded in Cumberland County; Miscellaneous Book 716, Page 649. North Middleton Township Authority has indicated that lots within North Ridge Phase VII, with finished floors of/or greater than elevation 520 (MSL) may experience low water pressures; which may require individual lot pressure boosting pumping system be installed by the homeowner; especially with multistoried building units. TITLEITO SAID PREMISES VESTED IN Richard T. Shook, an adult individual, by Deed from Classic] Communities Corporation, a Pennsylvania Corporation, dated 08/14/2007, recorded 08/24/007 in Instrument Number 200733176. PREMISES BEING: 185 WEST VIEW, CARLISLE, PA 17013-8151 PARCEL NO. 29-06-0019-112. PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center 'Plaza Philadelphia, PA'19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff V RICHARD T. SNOOK Defe$idant(s) Attorneys for Plaintiff HE F OTHONOTAR i 1011 AUG 30 AM 10: 44 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-2461-CIVIL CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (') the mortgage is an FHA Mortgage (') the premises is non-owner occupied ( ) the premises is vacant O Act 91 procedures have been fulfilled ('') Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Plan Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff GMAC MORTGAGE, LLC f Plaintiff - .. rr NOTAk" V. 2012 AUG 30 AM 10: 44 RICHARD T. SHOOK Defendant(s) PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-2461-CIVIL CUMBERLAND COUNTY PHS # 272876 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 185 WEST VIEW, CARLISLE, PA 17013-8151. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) HOMECOMINGS FINANCIAL, LLC (F/K/A 9 SYLVAN WAY, SUITE 310 HOMECOMINGS FINANCIAL NETWORK, PARSIPPANY, NJ 07054 INC) HOMECOMINGS FINANCIAL, LLC (F/K/A ONE MERIDIAN CROSSING STE 100 HOMECOMINGS FINANCIAL NETWORK, MINNEAPOLIS, MN 55423 INC) HOMECOMINGS FINANCIAL, LLC (F/K/A 9 SYLVAN WAY, STE 310 HOMECOMINGS FINANCIAL NETWORK, PARSIPPANY, NJ 07054 INC) C/O CRISTY PEYTON MERS, AS NOMINEE FOR HOMECOMINGS P.O. BOX 2026 FINANCIAL, LLC (F/K/A HOMECOMINGS FLINT, MI 48501-2026 FINAN IAL NETWORK, INC) MERS, INC. MERS, INC. AS OF 12/6/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 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 affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENAN*/OCCUPANT NORTHRIDGE II HOMEOWNERS ASSOCIATION GMAC MORTGAGE, LLC MERS,?S NOMINEE FOR GMAC MORT ,AGE, LLC DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DE) ARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING CATHY IL. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 1950 CHESTNUT ST CAMP HILL, PA 17011 MAIL CODE 507-345-186 3451 HAMMOND AVENUE WATERLOO, IA 50702 P.O. BOX 2026 FLINT, MI 48501-2026 13 NORTH HANOVER STREET CARLISLE, PA 17013 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 185 WEST VIEW CARLISLE, PA 17013-8151 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: Za' 2 By: Pi an Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 1 GMAC MORTGAGE, LLC 4 ctn. 'PRO THoNOIAR 2062 AUG 30 AM 10* 44 VS. LIMSERLANO COUNTY RICHARD T. SHOOK PENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 12-2461-CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 **THIS FIRMS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 185 WEST VIEW, CARLISLE, PA 17013-8151 is scheduled 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 $288,585.51 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE "To prevent this! Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You',may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y STILL BE ABLE TO SAVE Y 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 bq able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. t 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to Ithe buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may bdentitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this sched le unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) (days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-2461-CIVIL GMACI MORTGAGE, LLC vs. RICHARD T. SHOOK owner($) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland Countya Pennsylvania, being (Municipality) 185 WEST VIEW CARLISLE PA 17013-8151 Parcel o.29-06-0019-112. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $288,585.51 Phelan "allinan & Schmieg, LLP Attorney !for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, described as follows: BEGINNING at a point on the western right of way line of West View (50 foot right of way, 32 foot cart-way), said point being at the Southeast corner of Lot No. 15 on the hereinafter mentioned Planof ots; thence by western right of way line of West View, South 00 degrees 10 minutes 19 seconds) East, a distance of 80.00 feet to a point at Lot No. 17 on the hereinafter mentioned Plan of Lots; thence by Lot No. 17, South 89 degrees 49 minutes 41 seconds West, a distance of 190.07 feet to a point at land now or late of Carl Eugene Jumper; thence by land now or late of Carl Eugene Jumper,, North 00 degrees 09 minutes 06 seconds West, a distance of 80.00 feet to a point at Lot No. 15 on the hereinafter mentioned Plan of Lots; thence by Lot No. 15, North 89 degrees 49 minutes 41 seconds) East, a distance of 190.04 feet to a point at the western right of way line of West View, the point and place of BEGINNING. BEING' Lot No. 16 on a Final Subdivision Plan for North Ridge Phase VII, as recorded in Cumberland County Plan Book 90, Page 95. CONTAINING 15,204.47 square feet or 0.349 acres. UNDER AND SUBJECT to certain building and use restrictions recorded in Cumberland County 'Miscellaneous Book 716, Page 649. North Middleton Township Authority has indicated that lots within North Ridge Phase VII, with finished floors of/or greater than elevation 520 (MSL) may experience low water pressures; which may require individual lot pressure boosting pumping system be installed by the homeowner; especially with multistoried building units. TITLE TO SAID PREMISES VESTED IN Richard T. Shook, an adult individual, by Deed from Classic Communities Corporation, a Pennsylvania Corporation, dated 08/14/2007, recorded 08/24/2007 in Instrument Number 200733176. PREMISES BEING: 185 WEST VIEW, CARLISLE, PA 17013-8151 PARCEL NO. 29-06-0019-112. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County RICHARD T. SHOOK Defendant RULE No.: 12-2461-CIVIL AND NOW, this .~~'- ~r`~ day of ~.-2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. 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. -- _; _, ~.~: ; IL~E~tkrd T_ ~~100~ - ~ 1~~~~Ct,n Na ~~,~nan ~ .~ wt~ ~bp;es ~, ~~e~ iD~i?~/~ Allison F. Wells, Esq., Id. No.309519 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19]03 TF,L: (2]5)563-7000 FAX: (215) 563-3459 RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-81 ~ 1 RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 272876 272876 ~ i. ~ ~ Via: i ! ~ . .,~( PHEL.AN HALLINAN & SCHMIEG, LLP by: Allison }-'. Wells, Esquire, Atty. LD. No. 309519 1617 John F. Kennedy boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 GMAC MORTGAGE, LLC Plaintiff v. RICHARD T. SHOOK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland Count, No.: 12-2461-CIVIL PRAECIPE TO SUBSTITUTE EXHIBI'C To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "B" to Plaintiff s Motion t:o Reassess Damages which was filed with the court on or aboi.rt October I~, 2l) LL. Phelan Hallinan c mien. L;L-;~-`~ DATE: i~lI son~F: mss, Esquire .Attorney for Plaintiff EXHIBIT "B" PHELAN HALLINAN & S~C1=[MIEU., LLP 161'7 John F'. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (? 15) 563-7000 FAX#: (215) 563-3459 Phelan Nallinan & Sclvnieg, I_L,P Representing Lenders in Pennsylvania and New ;lersey October 3, 2012 RICHARD 'I~. SHOOK 18.5 ~VIST VIEW CARLISLE, PA 17013-81ST RE- GMAC h1ORTGAGE, LLC v. RICHARD T. SHOOK Premises Address: 185 WEST' VIEW CARLISLE, PA 17013 CliMBF,RLr~~ND County CCP, No. 12-2461-CYNIC Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess D~~mages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking you~• concurrence with the requested relief that is, increasing the amou~lt of the judgment. Please respond to me within 5 days, by 1O/09/2012.. Should you leave further questions or concerns, please do not hesitate to contac~~[ nee Otherwise, please be guided accordingly. _ m Ve~~y h-r~lti yours; Allison F 41'c~lls. I sc.I,,'~. Nc 109519 __._ ;ytt~u~~c~y-`flir I'lai~riil"I~ Enclosure 2,72876 Val . ,,,;~; £ 0 l 61 ~t7O:S'i~2 i+~?J3`i337iNYi . Z.OZ iQ1~p ~SZLLZhOpO o£0'Z(1 ~ ~~ ~~ ~ was ~l~+ika °~ ~ o ;.f f ~, -, A,~~' '~4 `~ Z1 ` ~ C ~ L \~`~i~t \~v ~ ~ .Y V Q ~ dqR ~__. R bQg ~ ~ ~ - ~ $ c TTE}} `~ u _E dC ~ _ T ~q tq C G O `w ~ mE rc u ~ ~ o E_ m -~ 3 ~~ ~ c ~ ~ u ~ ~ a"r X ~' E u 7 v~~ ai .V r ~ E N :! V O G C ~ ~ ~ C _ O .Q ~ ~ t ~ C yy U .6 641 C ': ' ~ A ^ c x'7,25°- ~ , ~ x a C O h-' ~ a g N ~.g ~. o ` o .•a W ' o c - ~~~ a o ..• 4t a `n c_ ,~ C ° Etc _ Y, ~ £ ~ X 47' `O ~ y= N y~ VppJ ~ ~ ~ L _ C P w ~ dF- R' N ~ /l G. 6J 4 w h !- ~ ~ daC _ ~y ~ ~ c ~ ~ ~ X 0~4 ~v ~a~ ~C ,~ }n. ... x~,.,sC ,~ ~~d y"'~a"'3 ~~~U~~q~~}„W~2 F vim` ~.,. ~Ur, V c'S-- ~~ ~ z* ~« Vy~ t7 W tom..' ~ ~y Z40 a V z V v C a E vTr t0 p u as 0 w o ~, .~ N [~ By: Allison F. Wells, Esq., Id. No. 309519 1617 .LFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pieas Civil Division v. RICHARD T. SHOOK Cumberland Count~,~ No.: 12-2461-CIVIL. Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Exhibit was sent to the following individuals on the date indicated below. RICHARll T. SHOOK 185 WEST VIEW CARLISI_,E. PA 17013-8151 DATE: ~~~ ~~' RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 Phelan Ha.llinan & Schr ' , ,.:~== Allison F. W lls, Esq., Id. No. 30951 ~~~ ATTORI~IEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP '' - , .~;~ «%' t~-- ._ .. , . Allison F. Wells, Esq., Id. No.3095 l9 ~ ~~'TORNEY I10R PLAIN"TIFF 1617 JFK Boulevard, Suite 1400 ~. ~ ~'!~ ~ ti ; ; ~ ~ ~ ,rt, One Penn Center Plaza -~ ~~ Philadelphia, PA 19103 21 ~-56 ~-7000 GMAC MORTGAC?E, LLC Plaintiff Court of Common Pleas Civil Division vs. RICHAF:1) T. SHOOK Defendant CUMBERLAND County No.: 12-2461-CIV1l_ CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 17. 2012 Kule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated belov~~. RICHARD T. SHOOK 185 WEST VIEW CARLISLE. PA 17013-8151 DATE: ~~ ~ ~_~__ RICHARD "t. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 _-___. Y ~- Phelan Hallinan. ~ Sc ieg, LLP ---._ Allison 1's, Esq.. Id. No.30951 ~ Attorney for Plaintiff 272876 Phelan Hallinan & Schmieg, LLP~~ ~ ~ ~~~~~~ ' ~ ~.~1 ~~' ~ ~ Melissa J. Cantwell, Esq., Id. No.~f~~~2f~L~`~~D C~U'~T°~ ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 `''' ~,~l~S~~~~,~~~~, One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County RICHARD T. SHOOK No.:12-2461-CIVIL Defendant 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 October 12, 2012. 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 Defendant on October 3, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 3. A Rule was issued by the Honorable Christylee L. Peck on or about October 17, 2012 directing the Defendant to show cause by November 6, 2012 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 31, 2012 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. 272876 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P lan Hal ' an & S ieg, LLP DATE: ~ By: e issa J. Cantwel ,Esq., Id. No.308912 Attorney for Plaintiff 272876 Exhibit "A" 272876 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: {215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 3, 2012 RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 RF, GMAC MORTGAGE, LLC v. RICHARD T. SHOOK Premises Address: 185 WEST VIEW CARLISLE, PA 17013 CUMBERLAND County CCP, No. 12-2461-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within S days, by ] 0!09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Allison F, Wells, Esq., . No. 095 19 Enclosure 272876 ~n •_ V 'A~, N a{ ~~~ A ' ~s ;. ~.j~.. Y i. t~}~ ~t.' '~ c .,~ P ~ ~ ~ '~ } V# S~ 'M1 ~ i f ': i [1 yr i '~N.._ 4 { ~f{ E ~~ Y k~''f. L~~S~1'~e3C ~~ ~ "f t ri.3 I~y~ t ~~ » ~; 1 ^ Y ~__ , ~~ ,~ ~ _ x Exhibit "B" 272876 V •;ry `IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC . Court of Common Pleas Plaintiff Civil Division v, . CUMBERLAND County RICHARD T. SHOOK No.:12-2461-CIVIL Defendant RULE AND NOW, this f,~ ~~ day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. 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. JBY THE COURT J; -~., ~' _:. ~:-~ ~~z 272876 Exhibit "C" 272876 Phelan Hallinan & Schmieg, LLP ;%i ; f .~~;~ ~~ ~-- ~ ~. ~ ~ Allison F. Wells, Esq., Id. No.309519„ , ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza `" '" ' `° Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CiIMBERLAND County RICHARD T. SHOOK ,..~.~~~~ No.: 12-2461-CIVi~ ` ~ Defendant ~~"~'~ . C'Ij,It'TiFC'CA`1`~t}N E)F SERVICE I hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendant to show cause as to why PlaintifFs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD T. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 DATE:~~ ~'~ RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 Phelan Ilaltinatr Rc ~rl~ma~.g, LLP - - Allison ~elfs, Esq., Id. No.309519 Attorney for Plaintiff 272876 P Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County RICHARD T. SHOOK No.:12-2461-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. RICHARD T. SHOOK RICHARD T. SHOOK 185 WEST VIEW 4088 STONEWOOD CT UNIT 46 CARLISLE, PA 17013-81 S 1 NEWPORT, MI 48166-7816 helan Hallinan & S ieg, LLP DATE: ~ ~ ~ gy. issa J. C ,Esq., Id. No.308912 Attorney for Plaintiff 272876 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Meredith Wooters, Esq., Id. No.307207 16 ] 7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19].03 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff, v. RICHARD T. SHOOK Defendant(s) r.., ~._ y ... - Y' ~~'~ __ ~~ ,~v ~ , _- ~,i ~- .W . r--; CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 12-2461-CIVIL 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 Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Meredith Wooters, Esq., Id. No.307207 I ~ ' l 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 # 272876 GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. N0.:12-2461-CIVIL RICHARD T. SHOOK Defendant(s) , CUMBERLAND COUNTY PHS # 272876 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 185 WEST VIEW, CARLISLE, PA 17013-8151. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RICHARD T. SHOOK 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) HOMECOMINGS FINANCIAL, LLC (F/K/A 9 SYLVAN WAY, SUITE 310 HOMECOMINGS FINANCIAL NETWORK, PARSIPPANY, NJ 07054 INC) HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC) HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC) C/O CRISTY PEYTON ONE MERIDIAN CROSSING STE 100 MINNEAPOLIS, MN 55423 9 SYLVAN WAY, STE 310 PARSIPPANY, NJ 07054 MERS, AS NOMINEE FOR HOMECOMINGS P.O. BOX 2026 FINANCIAL, LLC (F/K/A HOMECOMINGS FLINT, MI 48501-2026 FINANCIAL NETWORK, INC) MERS, INC. AS OF 12!6/10, 1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 185 WEST VIEW CARLISLE, PA 17013-8151 NORTH RIDGE II HOMEOWNERS 1950 CHESTNUT ST ASSOCIATION CAMP HILL, PA 17011 GMAC MORTGAGE, LLC MAIL CODE 507-345-186 3451 HAMMOND AVENUE WATERLOO, IA 50702 MERS, AS NOMINEE FOR GMAC P.O. BOX 2026 MORTGAGE, LLC FLINT, MI 48501-2026 CATHY L. SHOOK 185 WEST VIEW CARLISLE, PA 17013-8151 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 LHiERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By. Phelan Hallinan & Schmieg, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Natpe 8tad Pl~eitp }i~ltmen.& Schmieg, LLP AEdress Y~27 iPC }7qu~n4 S~citt 14100. s?f'Srnder Q»Pe~aC~ser~Ran fAc#~~ieii~~ ~na_ ~ a ~ na Ia~+t ~ ~ ~ ~ and Pdst t7ficr A~j v ~ t '"'aT G t 1ES Wes'-'~Y " ,ice ~ j y ~~ .. r or i ~~. ;'s~a.~ -_ .... . ~ .. 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TT,emuimum ~nba®ttp.ydieaaE 11K ouimvm tMnmicypeYjl~ic Is S2J,000 for rCl43tzmd ,dai7, smr w3fi epBwttl rneaacc--, C~ KACO $?{~ 497}' igr ~nyy~py cf ~ ~t.~ ~ rv +a ~~ o a `~ lliM ~ ~ ~ ~ ~~ ~tl ~: 00 ~~ ,a ,, V Name grid Phe1~1 fi&HiaBn & Schmieg, LI. Address ~ #bt7 JFl? Boukv~i, Sfrite 1400 Of Sender Oetie Pam Cater R~Za Philwtii3nhia PA U>~tli'~. Linc Article Al~riber Hamc;~~.slli l ,•.+ A_ te5 _ lA [7DI3.tt5t Z }~~* GtSLIC MOiitTCAG1i.CLC Ml14G~ObE9YfJ~-t>*G ':d~16t ttAldi(O~(DAVPNU6 1~'" ~, _ ~ qtr. ':[;[.C ~ x~Bt'EE3tr ~ ~wrk R~A?lQL,l.lC C13~16.1t1't>tG STE li A~'f SL~3 5 ~..r LU 9 SYI:YMI WAY, SC£ 31& _ EAR14~,~101~+S1 wraa YVRC#IAC11 rasoac~ +q~ut P.~ ~OX;ir2i PEJTl', Fp l~l•y36 g +r++ MS[HS,IkC 19131 £. VpORH$Y85IRE6T,SUCC1 R C11 COiA~IF'Y 13 NOA~$Al!IOVIrA 3'[RE£1' A 1'I+1tJ 1~ •sa• 1 DY1~A~t'fAEp3V'f OF WELFARE P.Q 8b1[ ~5 .#'~~~~EItIAi91~s ._~ TotrtthaMrorof T~m]firdttafFioro P,qd Piecetl~,+Kd W SctWar R..si.+d a Pmt OSia Faq AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 272876 DEFENDANT RICHARD T. SHOOK SERVICE TEAM/ ]xh COURT NO.: 12-2461-CIVIL SERVE RICHARD T. SHOOK AT: 4088 STONEWOOD CT UNIT 46 NEWPORT, MI 48166-7816 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 5, 2012 SERVED ~ ~ ;~,+ _, Served and made known to RICHARD T. SHOOK, Defendant on the ~ day of Se~, 20 ~~i r°~i t°^, '.' t/:~ , o clock ? . M., at `rG~ , in the manner described below: ~ ~ `t.. ,.~ _ Defendant personally served. ~ r w !/adult family member with whom Defen t(s) reside(s). ~ ` / C Z / r--~ '~ ~ ~;-~, o- t ~ . Relationship is $e ~ ~ „ sa _ Adult in charge of Defendant's residence who refused to give name or relationship. ,w„~ ~ ~,~~; ___ Manager/Clerk of place of lodging in which Defendantf s) reside(s). ~,. ~? ~~ r _ Agent or person in charge of Defendant's office or usual place of business. ..,.1 ~ _ an officer of said Defendant's company. °°C ~' ` ; Other: Other Desc~ri~tt¢on: Age ~ Height ~ ~ Weighta~6 _ Race t/ Sex I, ~~'tTwt 1~ __, a competent adult, being duly sworn according to law, depose and state that I personally ~ handed a true and correct copy of the Notice of Sheriffs Sate in the manner as set forth herein, issued in the captioned/ case on the date and at the address indicated above. ~~ ~~ ~ ~ ~. IOYtN OLAI)iPQ Sworn to and suJ~sgribed before me this ~-day of ~(~_, 20~~--- r-^ Notary: t0~th ©~~P~y On the day of , 20_, at Defendan2NOT FO cause: Notary Pubtic -Michigan Wayne County My Commission Expire r tS, 201 Acting in the County of NOT SERVED o clock _. M., I, , a competent adult hereby state that _ Vacant ~ Does Not Exist ~ Moved _ Dces Not Reside (Not Vacant) _ No Answer on at at e\ Service Refused Other: Sworn to and subscribed before me this day of , 20,. By: notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~ Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No, 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No, 309519 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 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id, No. 310721 Justin F. Kobeski, Esq., Id. No. 200392 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400