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Home My WebLink About12-3063 r_ ? 1 '1 l? n u?J r1 ? d ? PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM n v. 3003 ?'v<< NO. J 'Q - SCOTT A. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 Defendants File 4 293714 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE CUMBERLAND COUNTY ask s ros. Dd a CAA 11 e99ga 124 c?l SP 3? 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 #E 293714 A. 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: SCOTT A. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/19/2006 SCOTT A. DUNCAN and JENNIFER M. DUNCAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC AS REGISTRATION SYSTEMS, INCORPORATED A NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1960, Page 79. By Assignment of Mortgage recorded 01/11/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201000853.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 09/01/2011 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 # 293714 16 6 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 03/07/2012: Principal Balance $145,309.76 Interest $3,704.00 08/01/2011 to 03/07/2012 Late Charges $663.89 Property Inspections $97.00 Escrow Deficit $2,023.56 Subtotal $151,829.46 Suspense Credit $643.55 TOTAL $151,154.66 8. 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. File k 293714 C1 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,154.66, 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. PHELAN HALLINAN-&-SCH34+EG, LLP By: Attorney for Plaintiff File #: 293714 LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road (T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing, line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point:; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor, Il, prepared by Stephen G. Fisher, R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50, page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Sandra E. Stuck and Ronald E. Stuck, husband and wife, by Deed dated February 17, 1997, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 153, Page 762, granted and conveyed to Joseph Briscese and Mercedes G. Briscese, husband and wife, Grantors herein. PROPERTY ADDRESS: 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 PARCEL # 40-11-0286-092. File #: 293714 VERIFICATION Arm-Mvie o.? y states that he/she is A t?Orizea offs f GMAC ereb 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: ?.Z File#: 293714 Name: DUNCAN Name: Title: ?,yt?onz GMAC MORTGAGE, LLC File #: 293714 Pa.R.C.P. 205.5 Updated 01/01/2011 FORM 1 IN THE COURT OF COMMON PLEAS GMAC MORTGAGE, LLC OF CUMBERLAND COUNTY, PENNSYL IA Plaintiff(s) - - y vs.:' ; _CJ SCOTT A. DUNCAN c-> JENNIFER M. DUNCAN rr?? Defendant(s) 66'tivil 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- superv ised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, 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 no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all 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 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 out 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 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 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 out reasonable arguments 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 BV THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: _ j Allison Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. 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: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: How long? Loan Number: _ Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: -State: Zip: Yes ? No El Listing date: Price: $ -Realtor Phone: Yes ? No ? - State: Zip: Home:- Office: Cell: Other: How long? _ State: Zip: Home:- Office: Cell: Other: Included Taxes & Insurance: 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: _ Year: Amount owed: Value: _ Automobile #2: Model: _ Year: Amount owed: Value: Other transportation (au tomobiles, boats, motorcvcles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. -Monthly Gross -Monthly Net 2 _ Monthly Gross -Monthly Net 3. -Monthly Gross Monthly Net 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 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Twit. 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 ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: 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. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) FORM 3 GMAC MORTGAGE, LLC Plaintiff(s) VS. SCOTT A. DUNCAN JENNIFER M. DUNCAN Defendant(s) REQUEST FOR CONCILIATION CONFERENCE CIVIL Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Date Date Date FORM 4 GMAC MORTGAGE, LLC Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SCOTT A. DUNCAN JENNIFER M. DUNCAN Defendant(s) CIVIL ACTION NO. CASE MANAGEMENT ORDER AND NOW, this day of , 2012, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 'The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months, and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; Sheriff gtrt at?ntF Ur- Jody S Smith ( _7 1 Chief Deputy Richard W Stewart =f ttL, ?; Solicitor ='EttSY'AIraa' GMAC Mortgage, LLC Case Number vs. 2012-3063 Scott A. Duncan (et al.) SHERIFF'S RETURN OF SERVICE 05/31/2012 03:22 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1522 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Jennifer M. Duncan, by making known unto De-Ette Kirkpatrick, Step Mother of Defendant at 923 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE GLIHALL, 05/31/2012 03:22 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1522 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Scott A. Duncan, by making known unto De-Ette Kirkpatrick, Step Mother of Jennifer M. Duncan at 923 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE GLITSHALL, PLITY SHERIFF COST: $50.00 June 04, 2012 SO ANSWERS, WON R ANDERSON, SHERIFF (c) CcuntySuite Shenif, Teleosoft. Inc. t �t�.i_�, fit,° ,•��.,t TIE Y PM 1: G�+ —k 5 N C Y 1 %t o k y1 _ PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg,PA 17101 215-563-7000 Attorney for Plaintiff GMAC MORTGAGE,LLC 1100 VIRGINIA DRIVE Court of Common Pleas P.O.BOX 8300 FORT WASHINGTON,PA 19034 Civil Division Plaintiff Term Vs No.2012-3063-CIVIL SCOTT A.DUNCAN JENNIFER M.DUNCAN Cumberland County 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 16, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due September 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On May 31, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 293714 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty(60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, P Date: _ BY: J sep Schalk, Esquire A orney for Plaintiff 293714 Exhibit A 293714 c» C-) m i 50 go 4 � N � 'o rn PM AN HALLINAN do StHMG,LLP A1tiion F.Welk,Paq.,Id.No.M519 1617 JM BOVW4 d,SWU 1400 ATTORNEY FOR PLAINTIFF Ora Pam callow Phu P10 1;hh,PA 19103 215-363-7000 GMAC MORTGAGE,LLC 1100 VIRGINIA DRIVE COURT OF COMMON PLEAS P.O.BOX 8340 FORT WASHINGTON,PA 19034 CIVIL DIVISION Plaintiff TERM V. NO. SCOTT A.DUNCAN JENNWER bE DUNCAN CUMBERLAND COUNTY 923 PHI"ERSBURG ROAD CARLISLE,PA 17015-9211 Defendants Co1ULA> 1N NKWsAG2 CLQS(= 41TtRKY t-"tiur. wb yo rf► PLEM REMR14 b9 trW: 4W oormdcwyofft File#- 293714 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#: 293714 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: SCOTT A. DUNCAN JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 07/19/2006 SCOTT A. DUNCAN and JENNIFER M. DUNCAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC AS REGISTRATION SYSTEMS, INCORPORATED A NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1960, Page 79. By Assignment of Mortgage recorded 01/11/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201000853.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 09/01/2011 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 Pile#: 293714 by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 03/07/2012: Principal Balance $145,309,.76 Interest $3,704.00 08/01/2011 to 03/07/2012 Late Charges $663.89 Property Inspections $97.00 Escrow Deficit $2,023.56 Subtotal $151,829.46 Suspense Credit ($643.55) TOTAL $151,154,66 7. Plaintiff is not seeking a judgment of personal liability(or an in persolnam 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. 8. 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. G i!e 1/: 293714 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,154.66,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. PHELAN HALLIN AI*— ,LLP By: ,. . quire Attorney for Plaintiff File#: 293714 LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania,more fully described as follows: BEGINNING at a point in the center line of Petersburg Road(T-518)at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan;thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point;thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor,II, prepared by Stephen G. Fisher, R.S.,dated May 1, 1986 and recorded in Cumberland County Plan Book 50,page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road, Carlisle,Pennsylvania. BEING the same premises which Sandra E. Stuck and Ronald E. Stuck,husband and wife, by Deed dated February 17, 1997, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 153, Page 762, granted and conveyed to Joseph Briscese and Mercedes G. Briscese,husband and wife, Grantors herein. PROPERTY ADDRESS: 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 PARCEL#40-11-0286-092. File 1[: 293714 VERIFICATION MW'e. by states that he/she is AUth�OffiMtf 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. � Name: DATE: arG Cam. Title: Authmiz6d()Mee GMAC MORTGAGE, LLC File#: 293714 Name: DUNCAN Filc 4: 293714 Pa.R CA 205.5 Updated 01/01/2011 FORM 1 IN THE COURT OF COMMON PLEAS GMAC MORTGAGE, LLC OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. SCOTT A.DUNCAN JENNIFER M.DUNCAN Defendant(s) 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 a lawyer,you most 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 no charge to you.Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all 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 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 out 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 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 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 out reasonable arguments 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. Respectfully submitted: „ Date A tui Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: tltt : Zip: Is the property for sale? Yes 0 No Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes El No Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ ____ Included Taxes&Insurance: Date of Last Payment: ' Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes,provide names,location of court,case number&attorney: Assats Ammylr 929A Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ Investments: $ $ Checking: $ $ Savings: $_ _ $ Other: $ Automobile#1:Model: Year: Amount owed: Valuer .Automobile#2:Model: Year: Amount owed: Value: Other transportation automobiles,boats.motorcycles Model: Year: Amount owed: Value moxg.l?'18cowt Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop. payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income& Fxpenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): W� 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 known,regarding your lender and 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. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) FORM 3 IN THE COURT OF COMMON PLEAS OF GMAC MORTGAGE, LLC : CUMBERLAND COUNTY, Plaintiff(s) PENNSYLVANIA Vs. SCOTT A. DUNCAN CIVIL JENNIFER M.DUNCAN Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: I; Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF GMAC MORTGAGE, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) CIVIL ACTION VS. NO. SCOTT A.DUNCAN JENNIFER M. DUNCAN Defendant(s) CASE 1VIAN -GEMENT ORDER AND NOW, this day of ,2012, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse,Carlisle, Pennsylvania, 2. At least twenty-one(21)days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"(Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the' Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference,the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement;paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time;agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed lieu of foreclosure;entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. Exhibit B 293714 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andean sbwff jo*s snfh 00 K cwr ♦ ChWDW* Not= W sb m SoNd& o�cE of�a a+f s Wmc Mmtme,LLC V& Caaa-Nsw+ber Seat A.Duncan(at W.) 2012-M SHERIFF'S RETURN OF SERVICE 0&3112012 03:22 PM-bt dwb Dgxft ShwW,who beft duly sworn law. tan mmy 31,2012 at IN2 hem,domved a true copy of the vrtthtn cmpk"in F dorr�r+u and Nstios of fle kl ,4WMiaM a Formlosuns GhmWon ft an upon tha to vdt: jo imdk M,DWWmn. mddnp known unto D*4ft lgrlgadd*Skpr Mofmi d st S23 Patsy —Read,C�,cWnbartsr'rd County.Panrayt nWs 17016 b cow 1 b and at the awns"m landing to tar psrsonagy tt»aid true and con rd Copy of the awns. 06/31/2012 03 2 PM-MiahaIs btmA Dgx4y Sherllf.who baing duly swan a000r*rp to Nw,dt do that on May 31,200 d ilft haeos,shaesrved a thus d0w***CompMi M in�FahsNIMMrNr lrrd Nolios offtWO M&A-- s Fa+osbsara4 ,upon the Wift n d f,to wit: SW A,OWnew by n krroMm wMo ce ft 8t6p►>w dt.Nr r1 ;C aMrr st�3 PaN Road, ,Cwnimlem County,POVSAW&17M to o m*W is and lit to sons time WOW l her panornSy the saki twos and omied copy tithe own*. M d VERITY SHERIFF COST..$60.00 SO ANSWERS, June 04,2012 R ANDERSON,WIEW (o)CWA%4mm WWW Tdoo"k ML PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff GMAC MORTGAGE,LLC Court of Common Pleas 1100 VIRGINIA DRIVE P.O.BOX 8300 Civil Division FORT WASHINGTON, PA 19034 Term Plaintiff No.2012-3063-CIVIL Vs Cumberland County SCOTT A.DUNCAN JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: SCOTT A.DUNCAN JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 MECHANICSBURG,PA 17050-2206 Date: 3 g ?tto chalk, Esquire y f or Plaintiff 293714 IN THE COURT OF COMMON PLEAS CUMBERLAND COtf*Y,PENNSYLVANIA GMAC MORTGAGE,LLC 1100 VIRGINIA DRIVE Court of Common Pleas P.O.BOX 8300 FORT WASHINGTON,PA 19034 Civil Division i Plaintiff Term Vs No.2012-3063-CIVIL SCOTT A.DUNCAN Cumberland County JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 i Defendants ORDER AND NOW,this day of ^4.aA x2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. i BY THE COURT: i J. C-) rn O M-- M V/ Phel&01 3/2b-3 293714 CC: Scott A. Duncan and Jennifer M. Duncan Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 SCOTT A.DUNCAN JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 293714 FILED-OFFICE i� i3 E i' ZOTl70t�OTAr Y PHELAN HALLINAN, LLP ., Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 2013 APR 29 PM 1. 35 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE,LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SCOTT A. DUNCAN CIVIL DIVISION JENNIFER M. DUNCAN No. 12-3063-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 SCOTT A.DUNCAN, and JENNIFER M. DUNCAN, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $151,154.66 TOTAL $151,154.66 I hereby certify that (1) the Defendants' last known addresses are 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and PO BOX 427, BOILING SPRINGS, PA 17007-0427, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. f�J Date 'T l Z\//� ,��J'l'1? Adam H. Davis, Esq., Id. No.203034 Attorney f Plain DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PROTHONOTARY 293714 C" 13�� PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE,LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SCOTT A.DUNCAN CIVIL DIVISION JENNIFER M. DUNCAN No. 12-3063-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants 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 SCOTT A. DUNCAN is over 18 years of age and last known addresses are 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and PO BOX 427, BOILING SPRINGS,PA 17007-0427. (c) that defendant JENNIFER M. DUNCAN is over 18 years of age and last known addresses are 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and PO BOX 427, BOILING SPRINGS, PA 17007-0427. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. e Date �� \7 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 293714 Department of Defense Manpower Data Center Results as of:Apr-252013 RA: SCRA 3..0 0 statm Report III Puisuant to Servicemomben Civil Relief Act Last Name: DUNCAN First Name: SCOTT Middle Name: A Active Duty Status As Of: Apr-25-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NA This response reflects the indiviEuals active duty statu's based on'ihe.Ac6ee Duty.Slalus Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .-.No NA This response reflects where the individual left active duty status within 367 days preceding the Aciive'Duty Status Date 4 - The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA .%NO NA h _ This response reflects whether the mdNidual or hislher unit has received early potifcatio6i to report for active duty Upon searching the data banks of the Department of Defense Manpower Data-6ente(,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised GMAC MORTGAGE,LLC CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS SCOTT A.DUNCAN JENNIFER M. DUNCAN CIVIL DIVISION No. 12-3063-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, LLP Adam H. Davis, Esq., Id. No.203034 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * 293714 i GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v: NO. 12-3063-CIVIL SCOTT A.DUNCAN JENNIFER M.DUNCAN CUMBERLAND COUNTY Defendant(s) TO: SCOTT A.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17L0�15-9211 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 U CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. .. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 1 7013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 41 249-3166 By: - Za y e , �sq.,Id.N6.310721 1'114 1' d:infiff '161.1 an,LLP 161 F o0levard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#293714 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V; NO. 12-3063-CIVIL SCOTT A.DUNCAN JENNIFER M.DUNCAN CUMBERLAND COUNTY Defendant(s) TO- SCOTT A.DUNCAN PO BOX 427 BOILING SPRINGS,PA 17007-0427 DATE OF NOTICE: 1-5, 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 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 OFF-ICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 249-3166 By: Tech; loll Id.No.310721 Au hdififf P '1M) Im LLP 517 J' ulevardi Suite 1400 One Pcm Lento Plaza Philadelphia,PA 19103 PHS#293714 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-3063-CIVIL SCOTT A.DUNCAN JENNIFER M.DUNCAN CUMBERLAND COUNTY Defendant(s) TO: JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 DATE.OF NOTICE: THIS FIRM IS A DEIST 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717,-4- 49-3166 By.: Iii.No.310721 At Icy r jai'. ff LLP 1711-K. oulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#293714 t GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-3063-CIVIL SCOTT A.DUNCAN JENNIFER M.DUNCAN CUMBERLAND COUNTY Defendant(s) TO: JENNIFER M.DUNCAN PO BOX 427 BOILING SPRINGS,PA 17007-0427 DATE OF NOTICE: q--11--13 3__ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE 1S 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 BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 {7 7)249-3166 By:- -e�l 7ae1 ry.J n Id.No.310721 A arne 'F Pl;if1tiff 1clai -h it n,LLP 1617 JFK, oulewwd.Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#293714 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION SCOTT A.DUNCAN NO.: 12-3063-CIVIL JENNIFER M.DUNCAN Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: cr Amount Due $151.154.66 = w; Interest from 04/30/2013 to Date of.Sale w rn ($24.85 per diem) 3 180.80-c .0 fir- N TOTAL $154,335.46 n n t-i IN ww1ww_ _< Q Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Note: Please attach description of property. PHS#293714 OF 5 So« Aga. asap <1 . CIIJ1136LIV64f, 19 1 L a°1O$`t 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE,LLC Plaintiff V. SCOTT A.DUNCAN JENNIFER M.DUNCAN Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: /?' / � t&w �IA Q/�x1�G7/L'V/I Address where papers may be served: SCOTT A.DUNCAN Phelan Hallinan,LLP 923 PETERSBURG ROAD Meredith Wooters,Esq.,Id.No.307207 CARLISLE,PA 17015-9211 Attorney for Plaintiff JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township,Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road(T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos.4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point;the Place of BEGINNING. $EING-b=b-ey-dm'idbed alit No. 4 of the FinaLS-tLbdimision.Planfoy—XfichaeX..Marlm II, prepared by Stephen G.Fisher,R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50,page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road,Carlisle,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Scott A. Duncan and Jennifer M. Duncan, h/w, by Deed from Joseph Briscese and Mercedes G. Briscese, h/w, dated 12/21/2000,recorded 12/21/2000 in Book 236,Page 575. PREMISES BEING: 923 PETERSBURG ROAD,CARLISLE,PA 17015-9211 PARCEL NO. 40-11-0286-092. 71t PHELAN HALLINAN,LLP Attorneys for Plaintiff Meredith Wooters, Esq., Id. No.307207 FUD-ou 1617 JFK Boulevard, Suite 1400 OF TRE PROTHONOTAR', One Penn Center Plaza Philadelphia, PA 19103 20113 MAY 21 AM 11: 1 215-563-7000 CU�BERLAND COUNTY GMAC MORTGAGE,LLC ENNSYLVANIA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3063-CIVIL SCOTT A.DUNCAN JENNIFER M.DUNCAN ' Defendant(s) 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 Act 91 procedures have been fulfilled (X) 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. Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff GMAC MORTGAGE,LLC t -Q COURT OF COMMON PLEAS Plaintiff -0 THE PR'OTHONOTAR'f CIVIL DIVISION 70113 MAY 21 AM 1`1 1 . NO.: 12-3063-CIVIL SCOTT A.DUNCAN CUMBERLAND COUNTY . JENNIFER M. DUNCAN PENNSYLVANIA Defendant(s) CUMBERLAND COUNTY 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 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) VERSATILE PROPERTY SOLUTIONS,LLC 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SCOTT A.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 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) CHASE BANK,USA,N.A. 3700 WISEMAN BOULEVARD SAN ANTONIO,TX 78251 CHASE BANK,USA,N.A. 436 SEVENTH AVENUE C/O WELTMAN WEINBERG ET AL ATTN: SUITE 1400 MATTHEW D.URBAN,ESQUIRE PITTSBURGH,PA 15219-1827 CHASE BANK,USA,N.A. 960 WALNUT BOTTOM ROAD C/O M&T BANK,AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A. 1 WEST HIGH STREET C/O M&T BANK,AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A. 105 NOBLE BOULEVARD C/O PNC BANK,AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A. 269 PENROSE PLACE C/O SOVEREIGN BANK,AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A. 604 EAST HIGH STREET C/O WACHOVIA BANK,AS GARNISHEE CARLISLE,PA 17013 PHS #293714 CHASE BANK,USA,N.A. 1400 KOPPERS BUILDING C/O WELTMAN WEINBERG&REIS ATTN: PITTSBURGH,PA 15219 WILLIAM T.MOLCZAN,ESQUIRE 'CHASE BANK,USA,N.A. 436 SEVENTH AVENUE C/O WELTMAN WEINBERG ET AL ATTN: SUITE 1400 JAMES C.WARMBRODT,ESQUIRE PITTSBURGH,PA 15219-1827 CHASE BANK,USA,NA 3700 WISEMAN BOULEVAR SAN ANTONIO,TX 78251 PARTNERS FOR PAYMENT 3748 WEST CHESTER PIKE RELIEF DE,III LLC SUITE 1.03 NEWTOWN SQUARE,PA 19073 PARTNERS FOR PAYMENT RELIEF,LLC 298 WISSAHICKON AVENUE C/O KERNS PEARLSTINE ET AL ATTN: UPPER GWYNEDD,PA 19454-4114 STEPHEN M.HLADIK,ESQUIRE s 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PARTNERS FOR PAYMENT RELIEF,LLC 3748 WEST CHESTER PIKE SUITE 103 NEWTOWN SQUARE,PA 19073 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 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 PHS #29371.4 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: Nnum -�� Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHS #29371.4 ' GMAC MORTGAGE,LLfTHE � � }Az i COURT OF COMMON PLEAS 2013 Vim 21 Am 11: 1 1 Plaintiff CIVIL DIVISION CUMBERLAND��NSY A�ACOUNT � NO.: 12-3063-CIVIL SCOTT A.DUNCAN JENNIFER M. DUNCAN CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SCOTT.A.DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 923 PETERSBURG ROAD,CARLISLE,PA 17015-9211 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$151,154.66 obtained by GMAC MORTGAGE, LLC(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be-receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-3063-CIVIL GMAC MORTGAGE,LLC V. SCOTT A. DUNCAN JENNIFER M. DUNCAN owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, CUMBERLAND County, Pennsylvania,being 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211 Parcel No. 40-11-0286-092. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $151,154.66 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township;Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in.the center line of Petersburg Road(T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 1.50.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 1.0 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 1.50 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor, II, prepared by Stephen G. Fisher, R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50,page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road,Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Scott A.Duncan and Jennifer M. Duncan, h/w, by Deed from Joseph Briscese and Mercedes G. Briscese, h/w,dated 12/21/2000,recorded 12/21/2000 in Book 236, Page 575. PREMISES BEING: 923 PETERSBURG ROAD,CARLISLE,PA 17015-9211 PARCEL NO. 40-11-0286-092. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3063 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC Plaintiff(s) From SCOTT A.DUNCAN,JENNIFER M.DUNCAN (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: $151,154.66 L.L.: $.50 Interest FROM 4/30/2013 TO DATE OF SALE($24.85 PER DIEM)-$3,180.80 Atty's Comm: Due Prothy: $2.25 Atty Paid: $198.75 Other Costs: Plaintiff Paid: Date: 5/21/13 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.307207 FILFP CF -OFFICZ PHELAN HALLINAN,LLP PR0Tiiojq0'TArRy Attorney for Plaintiff A UC 7 Ai? 10: One Penn Center Plaza CtjP1BPL/AND COU4, Ty 1617 JFK Boulevard, Suite 1400 PEt"IYS YLVANIA Philadelphia,PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION SCOTT A. DUNCAN NO. 12-3063-CIVIL JENNIFER M. DUNCAN Defendants MOTION FOR SERVICE OF NOTICE.OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan,LLP,petitions this Honorable Court for an Order directing service of the-Notice of Sale upon the above-captioned Defendants, SCOTT A. DUNCAN and JENNIFER M. DUNCAN,by certified mail and regular mail to SCOTT A. DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and P.O. BOX 427, BOILING SPRINGS, 17007-0427and publication pursuant to PAR.C.P. 3129.2 (D)and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, SCOTT A. DUNCAN and JENNIFER M. DUNCAN, with the Notice of Sale at the mortgaged premises, 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit"A".No service made as the property is vacant. 4. Plaintiff attempted to serve the Defendants, SCOTT A. DUNCAN and JENNIFER M. DUNCAN,via certified mail,return receipt requested at P.O. BOX 427,BOILING SPRINGS, 17007-0427. By way of the United States Postal Service's website(www.usps.com), Plaintiff,by and through its attorney,was able to track and confirm that certified mail was attempted and notice was attempted and unclaimed on July 6,2013. Attached hereto as Exhibit"B" is a copy of the United States Postal Services tracking information 5. Pursuant to Pa.R.C.P. 430,Plaintiff has made a good faith effort to locate.the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "C". 6. Plaintiff contacted the Prothontary's Office and as of July 23, 2013,no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on July 26,2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff s July 26,2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9)attached hereto, made part hereof, and marked Exhibit"D". 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, SCOTT A. DUNCAN and JENNIFER M. DUNCAN, but has been unable to do SO. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P.,Rule 430 by certified and regular mail to SCOTT A. DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and P.O. BOX 427, BOILING SPRINGS, 17007-0427 and posting 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and by publication. Phelan Hallinan, L DATE: By: P allina ACH41'son F. Z erman, Esq., Id.No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE,LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION SCOTT A. DUNCAN NO. 12-3063-CIVIL JENNIFER M. DUNCAN Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically,Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1), Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A)or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, SCOTT A. DUNCAN and JENNIFER M. DUNCAN,are unknown,a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff s return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes(1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2)inquiries of relatives,neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories,voter registration records, local tax records and motor vehicle records. As indicated by the of return of service,hereto as Exhibit"A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation,marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to SCOTT A. DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 and BOILING SPRINGS, 17007-0427 posting and by publication pursuant to PA.R.C.P. 3129.2. L Phelan H man, LLP DATE: U By: V .�Zu Esq., Id.No.309519 ey ff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 HK Boulevard, Suite 1400 Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION SCOTT A. DUNCAN NO. 12-3063-CIVIL JENNIFER M. DUNCAN Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court,Proposed Order,Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. SCOTT A. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 SCOTT A. DUNCAN PO BOX 427 BOILING SPRINGS, PA 17007-0427 JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 JENNIFER M. DUNCAN PO BOX 427 BOILING SPRINGS,PA 17007-0427 Phelan Hallinan, LLP tA DATE: I W By Ly (AW ro ckdfrr`na, Esq., Id.No.309519 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS#293714 DEFENDANT SERVICE TEAM/txh SCOTT A.DUNCAN COURT NO.:12-3063•CI1,1IL JENNIFER M.DUNCAN SERVE SCOTT A.DUNCAN AT: TYPE OF ACTION 923 PETERSBURG ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17015-9211 SALE DATE: September 4,2013 SERYEID Served and made known to SCOTT A.DUNCAN,Defendant on the____day of,_,20 at o'clock_.M.,at —,.in the manner described below: —Defendant personally served. _Adult family member with whom Defendants)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other:. Description: Age Height Weight Race Sex Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unswom falsification to authorities. DATE: NAME:, PRINTED NAME: TTfLE:. Y On the �-9 day of�20(3 at o'clock M.,I .httn ,a competent adult hereby state tha�fendant ecause: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at. at.. _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to thoritits. BY: PRINTED NAME:. ' ATTORNEY FOR PLAINTIFF Phelan hlallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Y� AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PHS#293714 DEFENDANT ffRVICE TEAM/ixh SCOTT A.DUNCAN COURT NO.:M3063-CIVIL JENNIFER M.DUNCAN SERVE JENNIFER M.DUNCAN AT: TYPE OF ACTION 923 PETERSBURG ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17015.9211 SALE DATE: September 4,2013 *IUD VED Served and made known to JENNIFER M.DUNCAN,Defendant on the_day of 20�,at o'clock_.M.,at_ in the manner described below: Defendant personally served, —Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _,Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. `Other: Description: Age Height Weight—Race— Sex—Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unswom falsification to authorities. DATE: NAME- PRINTED NAME: TITLE: NQT SERVED On the day of�II 20 gat o'clock .M.,I, Vk% a competent adult hereby state that Defendant NO FFOO 11I5�ecause: Yvacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: PRINTEDNAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 . (215)563-7000 Process:Seiver:Check List if Service Is Made: Spouses Names if Applicable wife Husband: Divorced: Yes ( } N.o ;: .tic u...3:�.r..t...M.N..uv W,'nK;:+�'..i•u's/.,r:+![r.iMi-�.?`"Yw!.YK y+:� _._ .^,. -y.l^.�":'!.' .v... �t...a. � .r..Jb!4 w�Y}:ri.. ��.JS:..�w...�� No.Service Made, 1 . Vacant : Yes ( ) No 2 . Is there a name on the mailbox? is it the defendants? 3 . Neighbor Contact : Yes ( ) No , Left Side: Right Side: 4 . For Sale Sign: Yes ( ) No ). Realtor Name : Company Name t f (Z.S n A G Phone Number:=� 5 . Car in Drive Way Yes ( ) No Plate Number: 7178 2417 6099 0138 0830 LXH/293714 SCOTT A. DUNCAN PO BOX 427 BOILING SPRINGS, PA 17007-0427 --fold here(regular) 1 fold here(6x9) --fold here(regular) USPS.com®- Track&Confirm Page 1 of 1 English Customerservice LISPS Mobile Register/Sign In .cusps - Search USPS.com or Track Packages Ouick Tools -rack&confirm SI1€p a Package Send Mail Enter up to 10 Tracking A Find Manage Your Mail Shop Business Solutions Find LISPS Loo«^tons 8riy Stamps Ir a & Confirm F id a w Met Hold Mall Change of Address CET EEAL.r1PQATES PRINT DETAILS YOUR LABEL NUMBER SERVICE tt STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 7178241760990f380830 First-Class Mail® 3 Delivered =July 12,2013,9:00 am PHILADELPHIA,PA 19103 Expected Delivery By: i June 19,2013 Certified Mall'" Return Receipt j Electronic I Available for Pickup i July 11,2013,11:30 am i PHILADELPHIA,PA 19103 € i €Processed through r July 10,2013,10:59 pm PHILADELPHIA,PA 19176 i USPS Sort Facility - Processed through ?July 9,2013,2:03 pm :LANCASTER,PA 17604 USPS Sort Facility € i Depart LISPS Sort J July 9,2013 LANCASTER,PA 17604 #Facility Unclaimed ;July 6,2013,10:53 am BOILING j SPRINGS,PA 17007 Available for Pickup i June 19,2013,11:46 am !BOILING }} :SPRINGS,PA 17007 'Arrival at Unit rjr June 19,2013,8:40 am CARLISLE,PA 17013 3 I Depart USPS Sort j June 19,2013 HARRISBURG,PA 17107 Facility 1 Processed through `June 19,2013,2:51 am HARRISBURG,PA 17107 USPS Sort Facility it Processed through #June 18,2013,5:57 pm ;HARRISBURG,PA 17107 i USPS Sort Facility Depart USPS Sort June 18,2013 'PHILADELPHIA,PA 19176.! Facility Processed at USPS i June 17,2013,11:34 pm PHILADELPHIA,PA 19176 €Origin Sort Facility jj]] I Accepted at USPS i June 17,2013,10:19 pm I PHILADELPHIA,PA 19103 Origin Sort Facility Electronic Shipping Info June 17,2013 €Received j i Check on Another Item What's your label(or receipt)number? I Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy Government Services. About USPS.Home - Business Customer Gateway 1'orrns of ise• Huy Stamps&Stil p• Neh;'room. Postal Inspectors• FOIA, Print a Label with Posiage• Mail Service U atss, fw' Inspector General Na FF.'.AH iac4 EEO Data• Customer Service, Forms&Puhlicarldns• Posa Expictter,, Delivarng Sol;dioos io Lie Lasi;.tile, Career•, Sire Index, Copynghtn 2013 USPS.All Rights Reserved. https://tools.lisps-conVgo/TrackConfirmAction.action?tLabels=71782417609901380830 7/23/2013 7178 2417 6099 0138 0847 LXH/293714 JENNIFER M. DUNCAN PO BOX 427 BOILING SPRINGS, PA 17007-0427 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® -Track&Confirm Page 1 of 1 English Customer Service LISPS Mobile Register/Sign In au-++ -s coff Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GEr WAIL UPOAIES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR REM DATE 671ME LOCATION FEATURES 71782417609901380847 First-Class Malls Delivered 'July 12,2013,9:00 am _PHILADELPHIA.PA 19103 Expected Delivery By: t l June 19,2013 Certified Mail'" Return Rocolpt t i Electronic i Available for Pickup July 11,2013,11:30 am !PHILADELPHIA,PA 18103 i Processed through July 10,2013,10:59 pm I PHILADELPHIA,PA 19176 i USPS Sort Facility ) j Processed through July 9,2013,2:03 pm (LANCASTER,PA 17604 i ! LISPS Sort Facility I ' k Depart LISPS Sort July 9,2013 !LANCASTER,PA 17604 Facility i tUnclaimed July 6,2013,10M am BOILING SPRINGS,PA 17007 ' i (Available for Pickup June 19,2013,11:46 am BOILING j SPRINGS,PA 17007 I Arrival at Unit June 19,2013,8:40 am CARLISLE,PA 17013 i Depart USPS Sort June 19,2013 HARRISBURG,PA 17107 Facility f ! ! I i 1It i I Processed through {June 19.2013,2:51 am ;HARRISBURG,PA 17107 j USPS Sort Facility fl i . r i Processed through June 18,2013.5:57 pm 'HARRISBURG,PA 17107 ; j USPS Sort Facility E j Depart USPS Son June 18,2013 !PHILADELPHIA,PA 19176 1 S' Facility Processed at USPS June 17,2013,11:34 pm !PHILADELPHIA,PA 19176 I j Origin Sort Facility i t Accepted at USPS June 17,2013,10:19 j t P pm ;PHILADELPHIA,PA 19103 Origin Sort Facility l Electronic Shipping Info June 17,2013 i 'lIV Received iCheck on Another Item f What•s your label(or receipt)number? i Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy• Government Services• About USPS Home Terms Of Use• pol I Business Inspector.- Gateway Buy Stamps 6 Shop• Newsroom• Postal Inspector• FOIA• Pdrd a Label with Postage• Mail Service Updates Inspector General. No FEAR Act EEO Data• Customer Sewico• Forms 8 Publications Postal Explorer Delivering Solutions id the Last Mile• Careers Site index- CopyngliMa 2013 USPS.All Rights Reserved. https://tools.usps-com/go/TrackConfirmAction.action?tLabels=71782417609901380847 7/23/2013 EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 293714 Attorney Firm: .Phelan Hallinan,LLP Subject: Scott A. Duncan&Jennifer M. Duncan Property Address: 923 Petersburg Road,Carlisle,PA 17015 Possible Mailing Address: (Jennifer M. Duncan) P.O. Box 427,Boiling Springs,PA 17007 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Scott A. Duncan.-xxx-xx-0320 Jermifer M. Duncan-xxx-xx-6031 B. EMPLOYMENT SEARCH Scott A. Duncan&Jennifer M.Duncan-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Scott A. Duncan reside(s) at:923 Petersburg Road,Carlisle,PA 1.701.5 &Jennifer M.Duncan reside(s) at: P.O Box 427,Boiling Springs,PA 17007. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Scott A. Duncan&Jennifer M. Duncan, B. On.06-14-13 our office made several telephone calls to a possible phone number of the subject(s) (71.7) 254-6902 and received the following information: answering machine. On 06-14-13 our office made a telephone call to a possible phone number of the subject(s) (717) 691-2616 and received the following information:wrong number. On 06-14-13 our office made several telephone calls to a possible phone dumber of the subject(s) (717) 386-7512 and received the following informati.ori:n.o answer.On 06-14-1.3 our office made a telephone call to a possible phone number of the subject(s) (71.7) 218-9876 and received the following information:not in service. I:II. INQUIRY OF NEIGHBORS On 06-1.4-1.3 our office made several phone calls in an attempt to contact Scott A. Starner (717) 258-5874, 921 Petersburg.Road,Carlisle, PA 17015: answering machine. On 06-1:4-1.3 our office made several phone calls in an attempt to contact Erin R. Frank (717) 254-6225, 919 Petersburg Road, Carlisle, PA 17015: answering machine. On 0644:43 our office made a phone call in an attempt to contact Scott A. Hart(717) 243-4278,925 Petersburg Road,Carlisle,PA 1.7015:not in service. IV.ADDRESS INQUIRY A. NATIONAL.ADDRESS UPDATE On 06-14-13 we reviewed the National Address database and found.the following information:Scott A. Duncan-923 Petersburg Road,Carlisle,PA 17015&Jennifer M. Duncan-P.O Box 427,Boiling Springs,PA 17007. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: (Jennifer M. Duncan)P.O Box 427,Boiling Springs,PA 17007. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-14-13 Vital Records and all public databases have no death record on file for Scott A.Duncan&Jennifer M. Duncan. VI. ADDIT:ION.AL INFORMATION OF SUBJECT A. YEAR OF BIRTH Scott A. Duncan-1971 Jennifer M. Duncan -not avaiable B. A.K.A. Jennifer M. Kirkpatrick * Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.'S vc..4904 relating to unworn falsification to authorities. V- 7 The above information is obtained from available}public records arid.we are only liable for the cost of t:lle affidavit. rji' 1A' IYJA)IT 6G/t.�' 99 d Name and Phelan Hallinan,LLP U) I o M Address y 1617 JFK Boulevard, Suite 1400 'V c Of Sender One Penn Center Plaza O N Philadelphia,PA 19103 LXH ocvi N Line Article Number Name of Addressee,Street,and Post Office Address Posts e ^ ` � 1 **** SCOTT A.DUNCAN $0.45 PO BOX 427 rn BOILING SPRINGS,PA 17007-0427 O)�M JENNIFER M.DUNCAN a PO BOX 427 � �i N o 0 BOILING SPRINGS PA 17007- **** SCOTT A.DUNCAN $0.45 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 **** JENNIFER M.DUNCAN $0.45 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 A 26 J � RE: SCOTT A.DUNCAN CUMBERLAND TEAM 4 PH#787535/1021 Page 1 of 1 $1.35 Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is$50,000 per piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is$500. The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. **CONCURRENCE LETTER LXH*** 787535 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@])helanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania July 26,2013 JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 RE: GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 CUMBERLAND County,No. 12-3063-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by August 2, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 787535 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haingy@ph gj an anhallin .com LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in Service Department Pennsylvania July 26,2013 SCOTT A. DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 RE: GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 CUMBERLAND County,No. 12-3063-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week,by August 2, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 787535 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@,phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania July 26,2013 JENNIFER M. DUNCAN PO BOX 427 BOILING SPRINGS, PA 17007-0427 RE: GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211 CUMBERLAND County,No. 12-3063-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by August 2,2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 787535 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania July 26,2013 SCOTT A. DUNCAN PO BOX 427 BOILING SPRINGS,PA 17007-0427 RE: GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD,CARLISLE,PA 17015-9211 CUMBERLAND County,No. 12-3063-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by August 2, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 787535 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 l3"% ' -9A F 3 )` ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUIMBERL pID t, I Y One Penn Center Plaza {'Et�lySl'L1�`�+f�lA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 1.2-3063-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 16,2012. 2. Judgment was entered on April 29, 2013 in the amount of$151,154.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 4, 2013. 787535 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $145,309.76 Interest Through September 4, 2013 $12,91.6.76 Late Charges $425.51 Legal fees $1,875.00 Cost of Suit and Title $580.41 Property Preservation $1,570.40 Mortgage Insurance Premium/Private Mortgage Insurance $2,174.48 Escrow Deficit $8,870.30 TOTAL $173,722.62 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 30, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order Lifting Conciliation Stay. Said Order was entered on March 22, 2013. 787535 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: J 3 By: J ian M. Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 787535 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonatlian.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SCOTT A. DUNCAN and JENNIFER M. DUNCAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 787535 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its.collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem,it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 787535 Company v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 787535 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 787535 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint,Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v.Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping_Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an.attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton ELally, 662 A.2d 1120(Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law, 787535 VII. COST OF SUIT AND TITLE Pursuant to the tenns of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 787535 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing,.removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral;consistent with the terms of the mortgage contract. 787535 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings,and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 7113 By: JoXan M. Etkowicz, Esquire Atforney for Plaintiff 787535 Exhibit "A" 787535 OF THE PROTHONOTARY PHELAN HALLINAN, LLP ; 13 APR 29 PM 1: 35 _ Attorney for Plaintiff Adam H. Davis, Esq., Id. No.2030 -- 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 GMAC MORTGAGE,LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SCOTT A.DUNCAN CIVIL DIVISION JENNIFER M.DUNCAN No. 12-3063-CIVEL f% 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 SCOTT A.DUNCAN,and JENNIFER M.DUNCAN,Defendants for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $151,154.66 TOTAL $151,154.66 I hereby certify I� 'last ts known addresses are 923 PETERSBURG ROAD,CARLISLE, PA BOX 427,BOILING SPRINGS,PA 17007-0427, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. f� Date 7 /Z H.Davis,Esq.,Id.No.203034 fiv-Plaintiff .` �f h DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Ybda PROTHONOTARY 293714 Exhibit 787535 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania July 30,2013 SCOTT A. DUNCAN JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 RE GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD CARLISLE,PA 17015 CUMBERLAND County CCP,No. 12-3063-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days, by 8/5/2013. Sho.uld,you have.further questions or.concerns,•please do-not hesitate4o contact-me.-�---��- --- Otherwise,please be guided accordingly. Ver -rul y s, at ian M. Etkowicz, Esq., Id.No.208786 ttor.ney for Plaintiff Enclosure 787535 Name and Phelan Hallinan,LLP I o ei Address 1617 JFK Boulevard,Suite 1400 n Mender One Penn Center Plaza Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street and Post Office Address SCOTT A.DUNCAN $0 45 Postage M'm JENNIFER M.DUNCAN 923 PETERSBURG ROAD ° 6° CARLISLE,PA 17015-9211 ? o 2 '"• SCOTT A.DUNCAN JENNIFER M.DUNCAN $0.45 PO BOX 427 BOILING SPRINGS PA 17007-0427 RE:SCOTT A.DUNCAN CUMBERLAND PH 0 787535/1200 Page 1 of] $135 Toml Numbu of Total Nmnbcr o(Pimes Pnvmtster,Per(Name of The full declaration of valor is requbed on all domesic tad imemational mgisfered mail.The maid/�` �Cr�1 Pieces Listed by Sender Received u Post Ot&x ReoeMng Employ.) for the rmn astruction orommCgoliable documents under Exyrus Mail document moomtmaian insuf f,� pima vximat to in limit ofpayable0 pm accurtence.Tbu mtuimum indemnity payable on Express Ms -1Yf.UE 7Le masimmn indemnity payable is 525,000 for mgutered mail,sent with optional intanance.Sm D. n.' R900 9913 end 5921 for limitations of roves . y / Form 3877 Facsimile 787535 e F Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 jonathan.etkowicz@pbelanliallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE,PA 17015-9211 BOILING SPRINGS, PA 17007-0427 Phelan Hallinan,LLP DATE: r3 ByATTORNEY;FOR owicz, Esquire PLAINTIFF 787535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE,LLC CIVIL DIVISION Plaintiff NO. 12-3063-CIVIL V. SCOTT A. DUNCAN cn -<> JENNIFER M. DUNCAN Defendants ORDER Z74 AND NOW,this x Z day of of 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa. R.C.P. 436(a), service of the Notice of Sale is permitted on Defendants SCOTT A. DUNCAN and JENNIFER M.DUNCAN by: REGULAR MAIL TO SCOTT A.DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211 and P.O. BOX 427, BOILING SPRINGS, 17007- 0427 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO SCOTT A. DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211 and P.O. BOX 427, BOILING SPRINGS, 17007- 0427 Service by mail is complete upon the date of mailing. POSTING 923 PETERSBURG ROAD, CARLISLE, PA 17015- POSTING PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3120.2 (D). BY TH OURT- J. PH#787535 0-6 Py Mtn LQ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants RULE AND NOW, this /t" day of +'' 2013, a Rule is entered upon the Defendants to show cause why an .Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT / J. r-, C7) f'rl p7 � m U7 --- ::7j � .� C 787535 Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE,PA 17015-9211 BOILING SPRINGS, PA 17007-0427 787535 787535 i,-E0-CAF(=11C.- Phelan Hallman, LLP U.' T - PROT� Jonathan M. Etkowicz, Esq., Id. No.208786 AM 'Y FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 c063 AUG 23 AM IQ: 10 One Perm Center Plaza Philadelphia, PA 19103 CUMBERLANO COUNTY jonathan.etkowicz@phelanhallinan.com PENNSYLVANIA 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE - I hereby certify that a true and correct copy of the Court's August 14, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS,PA 17007-0427 Phelan Hallinan, LLP DATE: By: 6 Jon t an M.Etkowicz,Esq., Id.No.208786 Att6mey for Plaintiff 787535 I.� Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.2Q, 7$C 2- jot lTTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 � � � � One Penn Center Plaza CUMBERL,' COUNTY Philadelphia, PA 191.03 PENNSYLVAN'A jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 14, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS, PA 17007-0427 Phelan DATE: Z.3 By: Jo4dn M. Etkowicz,Esq., Id.No.208786 Attorney for Plaintiff 787535 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 C= -� GMAC MORTGAGE, LLC Court of Common P rn Plaintiff Civil Division r-.&= C� vs. C) IMP Trc-) C� , CUMBERLAND C06 =; SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL - ' Defendants MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on August 7, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 30, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about August 14, 2013 directing the Defendants to show cause by September 3, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 22, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 787535 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 3, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hall• , LLP DATE: 5� By: Justin F. obes •,Esq., Id.No.200392 Attorn for P intiff 787535 i C Exhibit "A" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 30,2013 SCOTT A. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 RE GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD CARLISLE,PA 17015 CUMBERLAND County CCP,No. 12-3063-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days, by 8/5/2013. Should you have.further questions or concerns,-please do-not hesitate-to contact me. Otherwise,please be guided accordingly. V :r 11 yc c at 11 f.dt!(`.,.Etkowicz,Esq., Id.No.208786 atom y for Plaintiff Enclosure _. 787535 e Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza c°q Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street and Post Office Address Postage tllM,Q 1 **** SCOTT A.DUNCAN $0.45 JENNIFER M.DUNCAN c 923 PETERSBURG ROAD CARLISLE PA 17015-9211 (d vi oo 2 **++ SCOTT A.DUNCAN $0.45 JENNIFER M DUNCAN PO BOX 427 j BOIL)NG SPRINGS PA 17007-0427 RE:SCOTT A.DUNCAN CUMBERLAND PH#787535/1200 Page 1 of 1 $135 — Total Number of ToW Number of Pius Posmaeter,Per(Name of The fR declaration of wlm is required on all domestic and intemational registered mail.The masiri/, �rf. Piece Listed by Scads Received at Post�a Retxiviag Employee) fa the remnetrudion of nouoegotiable documents under Express Mail document reconstnrtion imul �+ piece subjmt to a limit of 5500,000 per occutreace.The muimum indemnity payable on Express Ms :jai Q G N It The marimun indemnity,payable is$25,000 fm tegistered mail,sent with optional insurance.See Di n•j 8900 5913 and 5921 fm limitations of-verage. Form 3877 Facsimile 787535 Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff ; Civil Division V. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants RULE AND NOW,this day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT r an `,G C- :r- C.5 a� 787535 Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE,PA 17015-9211 BOILING SPRINGS,PA 17007-0427 t 787535 787535 Phelan Hallman, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 ` jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE. I hereby certify that a true and correct copy of the Court's August 14,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE,PA 17015-9211 BOILING SPRINGS,PA 17007-0427 Phelan,.. llin. , LLP DATE: ZZ% /3 By, JbM._ian,M. Etkowicz,Esq.,Id.No.208786 Attoiney'for Plaintiff 787535 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS,PA 17007-0427 Phelan inan, LLP DATE: 515h By: Justi . Ko ,Esq., Id.No.200392 AtOney for laintiff 787535 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. c'> CUMBERLAND Cg9t5i �-, SCOTT A. DUNCAN =,�-F,' ' r, JENNIFER M. DUNCAN No.: 12-3063-CIVI T--' !° CD Defendants ORDER AND NOW,this day of. >&A/ , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $145,309.76 Interest Through September 4,2013 $12,916.76 Late Charges $425.51 Legal fees $1,875.00 Cost of Suit and Title $580.41 Property Preservation $1,570.40 Mortgage Insurance Premium/Private Mortgage Insurance $2,174.48 Escrow Deficit $8,870.30 TOTAL $173,722.62 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY COURT: T 97, �l J. 787535 s � r1 F'I*LED-GF Fil 2 -13 DEC -5 AM 1D: 2 9 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.20303,f 9BERLANQ COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE,LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SCOTT A.DUNCAN JENNIFER M.DUNCAN No.: 12-3063-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". / Adam H.Davis,Esq.,Id.No.203034 Date: / G./ V Attorney for Plaintiff / IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#787535 GMAC MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3063-CIVIL SCOTT A. DUNCAN JENNIFER M. DUNCAN Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 923 PETERSBURG ROAD, CARLISLE,PA 17015-9211. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) VERSATIEL PROPERTY SOLUTIONS LLC 923 PETERSBURG ROAD,CARLISLE,PA 17015- 9211 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SCOTT A.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 JENNIFER M.DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 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) CHASE BANK,USA,N.A. 3700 WISEMAN BOULEVARD SAN ANTONIO,TX 78251 CHASE BANK,USA,N.A. C/O WELTMAN 436 SEVENTH AVENUE WEINBERG ET AL ATTN:MATTHEW D. SUITE 1400 URBAN,ESQUIRE PITTSBURGH,PA 15219-1827 CHASE BANK,USA,N.A.C/O M&T BANK, 960 WALNUT BOTTOM ROAD AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A.C/O M&T BANK, 1 WEST HIGH STREET AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A.C/O PNC BANK,AS 105 NOBLE BOULEVARD GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A.C/O SOVEREIGN 269 PENROSE PLACE BANK,AS GARNISHEE CARLISLE,PA 17013 PH#787535 CHASE BANK,USA,N.A.C/O WACHOVIA 604 EAST HIGH STREET BANK,AS GARNISHEE CARLISLE,PA 17013 CHASE BANK,USA,N.A.C/O WELTMAN 1400 KOPPERS BUILDING WEINBERG&REIS ATTN:WILLIAM T. PITTSBURGH,PA 15219 MOLCZAN,ESQUIRE CHASE BANK,USA,N.A.C/O WELTMAN 436 SEVENTH AVENUE WEINBERG ET AL ATTN:JAMES C. SUITE 1400 WARMBRODT,ESQUIRE PITTSBURGH,PA 15219-1827 PARTNERS FOR PAYMENT RELIEF DE,111 3748 WEST CHESTER PIKE LLC SUITE 103 NEWTOWN SQUARE,PA 19073 PARTNERS FOR PAYMENT RELIEF,LLC 298 WISSAHICKON AVENUE C/O KERNS PEARLSTINE ET AL ATTN: UPPER GWYNEDD,PA 19454-4114 STEPHEN M.HLADIK,ESQUIRE DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY,OH 43054 DISCOVER BANK C/O JAMES WELTMAN WEINBERG ET AL WARMBRODT 436 SEVENTH AVE STE 1400 PITTSBURGH,PA 15219 PARTNERS FOR PAYMENT RELIEF DE III, 3748 WEST CHESTER PIKE LLC SUITE 103 NEWTOWN SQUARE,PA 19073 PORTFOLIO RECOVERY ASSOCIATES LLC 140 CORPORATE BOULEVARD C/O ROBERT POLAS NORFOLK,VA 23502 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PARTNERS FOR PAYMENT RELIEF,LLC 3748 WEST CHESTER PIKE SUITE 103 NEWTOWN SQUARE,PA 19073 VERSATILE PROPERTY SOLUTIONS,LLC P.O.BOX 19954 CHARLOTTE,NC 28219 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) PH#787535 TENANT/OCCUPANT 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ly/ By. e�2L� A c-' Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#787535 9 dt Ash 44- oi ldarrlc acid fh dan T3adlinan,LLP Address 1617 J Boulevard,Suite 1400 c s of=.T one F.Iml Neuter I'laz P9titadel PA 99103 AZKISCS.091041:013 SALE y Lane Artide Number }tame of Addreye&Suet and Post Office Addreas CHASEBANK,USA,N.A.CIO WELTititAN WELVBERGET AL ATTN.3A.,MES C.WARMBRODT, S0»45 436 SEVENTH AVENUE,SU1;TE 140D l;'IT sWRCH PA 7S2T4 1$23 1 ,: %P4 2 r► m R;IIASEIIANIC USA,NA $0 k5 rctcz 3700'fA159rd N NOULEVAR MA SAN ANT'ONT T X 78x51 3 ' *`:• FARTN FOR PAYM 9wT Rt"LI EF 01E III LLC $U.45 374 WEST CHESTER PIKE,SUITE 183 NjW3fliAtS(17ATt ?{419033.. 4 ?AR17+t1IISFOR PAYMSTREL[EF,LLG � $0.45 37491YIEa4T CHESTER PIKE SMTE 181 r NEWTOU'N S ?A 19073 5 44** PARTNERS FOR'PAYl4i1:'9+T ABL F,LL+C C/O KERNS PEARLSTITE ET AL ATTN,STEPHEN:4i 90.45 298 VM AMCK014 AYZMM UPPER+G>�'YI`lEp :A,1,94S4-4114 6 "+** IIOME.SM RELATIONS OF $0.45 CUMBERI-4ND COUNTY 13 NORTH HANOVER STREET CARIARL Y PA 17013 71 ON W RALT'H OF PENNSYLVANIA SOAS 13E?ARTMENT OF WELFARE to.Bbx 1475 RA ISEtUR PA 17103 g n rrm INTEECPIAL RIVSNU S9KNICE A VISORY i $0.45 IOW I ERTY AVENUE ROOM 704' , ?IilI9I£GHPA 15223_..', . .._- U4 DEPARTMENT OF JUSTICE SO.45 11.5.ATC UNEY FOR THE MII DL&DIS°TRJCT OF PA T'TIUIIR3 L BUILDING 123 WALNUT STREET,SVITR 220 ?O B#'?x 11754 - LC!MXWA" PHS#29372411021 Pa a lof3 'VWH(Tealn l t2Rra xai Mow t sotmoC flatfluUdarlraraPiaiaY�i ¢' aaalidaaios is am►tnnat r pe miN'fPeirr% eui g k Yiacae laa�r116Y 5ciNe� Via,€ NCI 'f�aw aru#a aaeuK�on�unn�r �ep t�l�t �a�aen rseartneaKa+6n�as��tr�44B�+' ot"seb)ui m oo dtof"06,ao8 Pa'ooew"Mo,"t'M enx#m�pn l lW ma G,igsnaslt xmumhesdi,ca'1#aa- Mowulow n 4 dotal w py"Is S"S RUti tmrrc�maa ,mil.�e4�ingMidtu##acannae Ss t awt a9m6#t3wd"21 lbrkndtrotbasa care Form 3M-rAW Name and Phelan wunan,LLP as e s Address 1617 3FX Boulevard,Suite l Of Sender One Paw CeruerPlm ' Fhi4*Jphia4 PA 19103 AZKISCS 0410412013 SALE Line Ankle Number ftweofAddr Sft"4 md'Posc Office Address Pt�sta ] ** CHASE RAW USA,N.A.CIO WELTMAN WEINBERG ET AL ATTIC:JAMES C.'WARMBRODT. ? 438 SEVENTH AVENUE,SUTiT 1400 fars"cm PA 152119-1&27 v. . CM%SE 8ANY,USA,NA 3700 WISEMAN-40MEVAR ' SAN AT`IT'tIT90 TX78231 PARTNERS FOR PAYMENT RELIEF DE,III LLC $U:4i 3748 WIST,CKESTER PM,SUITE 143 _.,, . NEWTWN U PA 1"'13',PARTNERS FOR P'AYbIENTRELt .,LLC i SOA5 37148 WEST CHESTER PIKE SU1'I E 183 NKWTOUN PA 191173 j 3 * °* PARTNERS FOR PAYME"BELIEF,LLC CIO KERNS PEAIILSTINE ET AL ATTN:STEPHEN K 90.45 111AIYM ESQUIRE 248 WAWCICOX,AVZKU UPPER 0" PA 19454.4114 I1Ct14 STrREI:A.TIONS OF $0.45 CUMBERLAND COMW 13 NORTH HANOVER STRUT 1 FA 17013 i COME1RWT,ALT OIL PENINSVLVANIA $0.45 I icki�T OF WELFARE P>>t?.1EEU3IT5; DARR,ISBU a 171115 ', ItV 1 R1 All RR 1,Z SERVICE ADVISORY X 911.+13 1009 I�DII1SITYAVENUE ROOM 704' I'I'I'TS3Tk1R� Pl#1Sx ._� **"* U RR1l ,_...,. � : 11JV TIC£ $0,45 U.S.ATMIMEY,100114 HE KWIiLT DISTRICT OF PA IrEIi PR.t��i'+ , WAL111 iiRIiST,SVITE 220 Po SOX 1175+1 � RA1RI11! UR CUMHM AND PUS#29371+411011 PK a t of3 WH(T8om T+�tItrmGacf�_' Tasailliiidlxrt�4 _�� arPaaf'AinmaoP 'Ckfiilil } pC�atafvt�t�n�pd'�+itsli�i�rl if�pNs TAcmaaittw� __.w� _. ri�ae L.iMN b�^ben6aa' ikciyuaFnfCtlfka•: �YaAQlaynt far tl»�tiaa�` •., la daeumalt,aaiaxEtti4ra ffsr+ 1e+�'a�nfesuxats SJGp� ' abalf�aa!#'3.�4,CgdParaaaaere+wv..'SMawr,{arwarjnyabtrgnE 'iR3aaa�haaa4ixa:;zSSAa, Tlraxatainwm iaaify�kr 1iRSQ8 fAr�#rta'd m►i6aaaC a�N aaiiaaai iaxuaat�a.Sae Ifaie t�xdgd aS913 mlS42R#nrie�mtYnrcr`ta' forkii, n Ficsi aile • OF THE PROTHONOTARY PHELAN HALLINAN, LLP Zin DEC -9 AM 10' 06 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 • GMAC MORTGAGE, LLC • CUMBERLAND COUNTY Plaintiff : COURT OF COMMON PLEAS • • vs. • CIVIL DIVISION SCOTT A. DUNCAN • NO. 12-3063-CIVIL • JENNIFER M. DUNCAN Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to SCOTT A. DUNCAN and JENNIFER M. DUNCAN on AUGUST 28, 2013 in accordance with the Order of Court dated AUGUST 12, 2013 . The property was posted on SEPTEMBER 1,2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP I DATE: 101i6/13 By: l I`.1/ IA ,f 4117' Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE,LLC . CIVIL DIVISION , , ` c-) t.....1 Plaintiff = NO. 12-3063-CMVII W n• 7.rri v. z�� G, r va .. c;,, SCOTT A.DUNCAN cv o � JENNIFER M.DUNCAN z o z h DC N �r-1 Defendants co 4:. ORDER AND NOW,this /i 4&.day of atourf ,2013,after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendants SCOTT A.DUNCAN and JENNIFER M.DUNCAN by: uZREGULAR MAIL TO SCOTT A.DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD,CARLISLE,PA 17015-9211 and P.O. BOX 427,BOILING SPRINGS, 17007- z 0427 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO SCOTT A.DUNCAN and JENNIFER M. DUNCAN at 923 PETERSBURG ROAD,CARLISLE,PA - 1.71115.9211 and PA/BOX 427.BOILING$PRINGS. 17007- / 0427 Service by mail is complete upon the date of mailing. ✓ POSTING 923 PETERSBURG ROAD,CARLISLE PA 17015- 9211 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). BY THE COURT: . (0 J /yX () J. PH#787535 /� O l l . A� p r ro . ., ' . C �C r w O. y A�tv PD x N z N Oo �l O v, A w N �- ^�S O r. O. ,. B a� j IN ` �' C) O `n CD * 0 O. * * * CD * * * * * * * * * * * * * * * * til �o 'b T� Op � Opn � w Ywn z Om 2 Fs �' vl � bdzr" Oxl ,.0z " .0 t" V1 ,-, c O CayCtrJt� h � r" Ci7C17rCrJa nx bfD, .....4 V1AZ � A ' CrJ � � LsJ � a A� CD r On? � Y - • � � � � YCZ Y ? t" M 53 r w z tyz no- 7dd •-∎ n CA � ?' z (7 z v' zcn z›. .-c-i:, nrxjz (1 i°,, c PZ z � z � � dz � d b � � a •o .. = x 0 A A a Cv J a A C N O y CD CD M J 2 C CD o 4 0 0 rCfq n * y 0 Iv 0 ip L.ti U.S.POSTAGE> ThEYGOWES L tlkf'L•r C, .- $ .44° - r 02 ZIP 111 19103 YV 191AUG 003 28 2013 I i I 110111 • • 7178 2417 6099 0143 6650 LXH/787535 JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com®- USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register/Sign In ouspis Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions I' TM Customer ry ' USPS Track 11 g Have questions?Se We ice're here to help. Tracking Number:71782417609901436650 Scheduled Delivery Day:August 30,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mabie Certified Mail September 24,2013, Delivered 10:33 am PHILADELPHIA,PA 19103 September 23,2013, 11:30 am Available for Pickup PHILADELPHIA,PA 19103 September 22,2013,9:05 Processed through pm USPS Sort Facility PHILADELPHIA,PA 19176 September 21,2013,6:04 Processed through LANCASTER,PA 17604 pm USPS Sort Facility September 20,2013, Processed through LANCASTER,PA 17604 11:52 pm USPS Sort Facility September 19,2013,4:48 Unclaimed pm BOILING SPRINGS,PA 17007 September 3,2013,5:41 pm Available for Pickup BOILING SPRINGS,PA 17007 September 3,2013,9:07 Arrival at Unit CARLISLE,PA 17013 am September 1,2013 Depart USPS Sort Facility HARRISBURG,PA 17107 September 1,2013,1:25 Processed through HARRISBURG,PA 17107 am USPS Sort Facility August 31,2013,7:17 pm Processed through USPS Sort Facility HARRISBURG,PA 17107 August 31,2013 Depart USPS Sort Facility LANCASTER,PA 17604 August 30,2013,4:54 pm Processed through USPS Sort Facility LANCASTER,PA 17604 August 29,2013 Depart USPS Sort Facility PHILADELPHIA,PA 19176 August 28,2013,9:51 pm Processed at USPS Origin Sort Facility PHILADELPHIA,PA 19176 August 28,2013,6:08 pm Dispatched to Sort Facility PHILADELPHIA,PA 19102 August 28,2013,2:39 pm Acceptance PHILADELPHIA,PA 19102 USPS.com® - USPS TrackingTM Page 2 of 2 August 28,2013 Electronic Shipping Info Received Track Another Package What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER LISPS SITES Privacy Policy> Government Services: About USF S Home: Business Customer Gateway> Terms of Use> B.iy Stamps&Shop r Newsroom> Postai Inspe ors: FOIA: Pint a Label with Postage> USPS Service Alerts> inspector General No FEAR Act EEO Data> Customer Service> Forms&Publications, Postal Explorer: Delivering Solutions to the Last Mile> Careers> Site Index> a(f,WSCOli Copyrght©2613 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901436650 11/27/2013 • 11 11 I 110111 11 111 7178 2417 6099 0143 6667 LXH/787535 JENNIFER M. DUNCAN PO BOX 427 BOILING SPRINGS, PA 17007-0427 --fold here(regular) --fold here(6x9) --fold here(regular) ii , UNITED STATES POSTAL SERVICE. Date Produced: 09/09/2013 PHELAN HALLINAN & SCHMIEG: The following is the delivery information for Certified MaiITM item number 7178 2417 6099 0143 6667. Our records indicate that this item was delivered on 09/03/2013 at 03:36 p.m. in BOILING SPRINGS, PA 17007. The scanned image of the recipient information is provided below. Signature of Recipient : r. ç - Address of Recipient : L'( -L7 1 1 (_)--0 i Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 143510 USPS.com® -USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register I Sign In USPSCOMSearch USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Customer Service> Tracking 1 racks ng TM Have questions?Were here to help. Tracking Number:71782417609901436667 Scheduled Delivery Day:August 30,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mail° Certified Mail" September 3,2013,3:36 Delivered BOILING SPRINGS,PA 17007 pm August 30,2013,1:22 pm Available for Pickup BOILING SPRINGS,PA 17007 August 30,2013,8:17 am Arrival at Unit CARLISLE,PA 17013 August 30,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility August 30,2013,3:39 am Processed through HARRISBURG,PA 17107 USPS Sort Facility August 29,2013,4:19 pm Processed rt thFacilitrougy h HARRISBURG,PA 17107 August 29,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility August 28,2013,9:51 pm Processed at USPS PHILADELPHIA,PA 19176 Origin Sort Facility August 28,2013,6:08 pm Dispatched to Sort PHILADELPHIA,PA 19102 Facility August 28,2013,2:39 pm Acceptance PHILADELPHIA,PA 19102 August 28,2013 Electronic Shipping Info Received Track Another Package What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy, Government Services> About USPS Home> Business Customer Gateway Terms of Use, Buy Stamps&Shop, Newsroom, Postal inspectors FOIA> Print a Label with Postage> !UPS Service Alerts> Inspector General No FEAR Act EEC Data> Customer Service> Forms&Publications, Postal Explorer https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901436667 11/27/2013 N1111111E1 111111 7178 2417 6099 0143 6643 LXH/787535 SCOTT A. DUNCAN PO BOX 427 BOILING SPRINGS, PA 17007-0427 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com®- USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register/Sign In u> l . wo>A Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Customer Service> TM USPS Tracking Have questions?Were here to help. Tracking Number:71782417609901436643 Scheduled Delivery Day:August 30,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mail® Certified Mail September 3,2013,3:36 Delivered BOILING SPRINGS,PA 17007 Pm August 30,2013,1:22 pm Available for Pickup BOILING SPRINGS,PA 17007 August 30,2013,8:17 am Arrival at Unit CARLISLE,PA 17013 August 30,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility August 30,2013,3:39 am ProceUSPS Sort ed ss through HARRISBURG,PA 17107 August 29,2013 4:19 pm Processed rtthrough HARRISBURG,PA 17107 Facility August 29,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility August 28,2013,9:51 pm POrigirocessed n Sort at Facility USPS PHILADELPHIA,PA 19176 August 28,2013,6:08 pm Dispatched to Sort PHILADELPHIA,PA 19102 August 28,2013,2:39 pm Acceptance PHILADELPHIA,PA 19102 August 28,2013 Electronic Shipping Info Received Track Another Package What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy Government Services> About USES Home, Business Customer Gateway Terms of Use Buy Stamps&Shop• Newsroom> Postal Inspectors FDA> Print a Label with Postage> USPS Service Alerts> Inspector General> No FEAR Act EEC Data, Customer Service> Forms&Putrllcations> Postal Explorer https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901436643 11/27/2013 • • la, UNITED STATES POSTAL SERVICE. Date Produced: 09/09/2013 PHELAN HALLINAN & SCHMIEG: The following is the delivery information for Certified MaiITM item number 7178 2417 6099 0143 6643. Our records indicate that this item was delivered on 09/03/2013 at 03:36 p.m. in BOILING SPRINGS, PA 17007. The scanned image of the recipient information is provided below. Signature of Recipient : c-6T fir G A.t6 Address of Recipient : (-"( -L7 ") o--0 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 143508 I 11 I fill 110 I 1111 7178 2417 6099 0143 6636 UCH/ 787535 SCOTT A. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.comI -USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register/Sign In auspscom. Search USPS corn or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions USPS TM Customer Service> Tracking Have questions?We're here to help. Tracking Number:71782417609901436698 Scheduled Delivery Day:August 30,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mail® Certified Mail September 23,2013,8:00 Delivered PHILADELPHIA,PA 19103 am September 21,2013,3:05 Available for Pickup PHILADELPHIA,PA 19103 Pm September 20,2013, Processed through PHILADELPHIA,PA 19176 11:01 pm USPS Sort Facility September 19,2013,4:08 Processed through LANCASTER,PA 17604 pm USPS Sort Facility September 19,2013 Depart USPS Sort Facility LANCASTER,PA 17604 September 17,2013, Unclaimed LAUREL,DE 19956 12:33 pm August 30,2013,1:37 pm Notice Left LAUREL,DE 19956 August 30,2013,7:49 am Arrival at Unit LAUREL,DE 19956 August 29,2013,9:44 pm Processed through WILMINGTON,DE 19850 USPS Sort Facility August 29,2013 Depart USPS Sort WILMINGTON,DE 19850 Facility August 29,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility August 28,2013,9:51 pm Processed at USPS PHILADELPHIA,PA 19176 Origin Sort Facility August 28,2013,6:08 pm DiFacilispatched ty to Sort PHILADELPHIA,PA 19102 August 28,2013,2:39 pm Acceptance PHILADELPHIA,PA 19102 August 28,2013 Electronic Shipping Info Received Track Another Package What's your tracking(or receipt)number? https://tools.usps.com/go/TrackConfirmAction.action?tLabels=7178241760990143 6698 11/27/2013 AFFIDAVIT OF SERVICE(FNMA) •PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE,LLC PH#787535 DEFENDANT SERVICE TEAM/spl SCOTT A.DUNCAN COURT NO.: 12-3063-CIVIL JENNIFER M.DUNCAN SERVE SCOTT A.DUNCAN AT: TYPE OF ACTION 923 PETERSBURG ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17015-9211 SALE DATE: 12/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED rr Served a d made known to SCOTT A.DUNCAN,Defendant on the 1 day of S �'^ 20 13,at If o'clock p.M.,at 923 PETERSBURG ROAD,CARLISLE,PA 17015-9211,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I, f ' 4' (C ,a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: .2i)(3 NAME: r7 �� PRINTED NAME: ivA TITLE: (1(149(±-C- ' z S NOT SERVED On the day of ,20 at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 '�1' ; ' � ;' tG�TiiuNO�'r;r Phelan Hallinan, LLP Attorney for Plaintiff Jonathan Lobb, Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN • Defendants • MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff,by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 involved herein has been scheduled for January 8, 2014. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A two month postponement of the Sheriffs Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendants. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel PH#787535 attempted to reach Defendants via telephone on January 3, 2014 at(717) 254-6902 however,the number has been disconnected. Plaintiffs counsel attempted to reach Defendant SCOTT A. DUNCAN via telephone on January 3, 2014 at(717) 691-2616 and was advised he no longer worked at that place of employment. Plaintiffs counsel attempted to reach Defendant Jennifer M. DUNCAN via telephone on January 3, 2014 at(717) 386-7512 and was advised she no longer resides at the number. 6. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge entered an order for Motion for Special Service dated August 12, 2013. WHEREFORE,Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to March 12, 2014. Phelan Hallinan, LLP Date: January 3, 2014 By: Jonath Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#787535 Phelan Hallinan, LLP Attorney for Plaintiff Jonathan Lobb, Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN • • • Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendants. If the Defendants whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129. 2 (c) provides in part: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by rule 3129.1. 1. Service of the notice shall be made (i) upon a defendant in the judgment who has not entered an appearance and upon the owner of the property by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or PH#787535 by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of the mortgaged premises to the March 12, 2014 Sheriffs Sale. Phelan Hallinan, LLP Date: January 3, 2014 By: • . Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#787535 Phelan Hallinan, LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN • • • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on January 3, 2014. SCOTT A. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 Phelan Hallinan, LLP Date: January 3, 2014 By: Jonath Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#787535 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN • Defendants • • ORDER AND NOW,this r day of January 2014, after consideration of Plaintiff's Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the sale of 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 is postponed two months to the Sheriff's Sale scheduled for March 12, 2014. No further advertising or additional notice to lienholders or Defendants is required. However,the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: , 4 J. r�? U7�_ t4) . PH#787535 ,II Fit oF rielig,,,pi-Fif2E- Phelan Hallinan, LLP 2014 JAW 24 i Jonathan M. Etkowicz, Esq., Id. No.2Q J86 °r=y I1: I'ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 "11°i� ', � y One Penn Center Plaza ENNS Y j v c A WA °UST Y Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC : Court of Common Pleas Plaintiff • Civil Division v. • : CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN • No.: 12-3063-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 16, 2012. 2. Judgment was entered on April 29, 2013 in the amount of$151,154.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated September 11, 2013, amending the judgment amount to $173,722.62. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 787535 5. The Property is listed for Sheriffs Sale on January 8, 2014. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $145,309.76 Interest Through January 8, 2014 $15,043.00 Per Diem $16.92 Late Charges $425.51 Legal fees $1,875.00 - Cost of Suit and Title $541.93 Property Preservation $3,260.00 Escrow Deficit $13,401.27 TOTAL $179,856.47 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. 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 December 30, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered,an order for$173,722.62 dated September 10, 2013 . 787535 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: P-34 By. Abratt ■ig I J n nat► .n M. Etkowicz,Esquire A ORNEY FOR PLAINTIFF 787535 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza • Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County SCOTT A. DUNCAN • JENNIFER M. DUNCAN • No.: 12-3063-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SCOTT A. DUNCAN and JENNIFER M. DUNCAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 787535 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 787535 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 787535 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 787535 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 787535 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 787535 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property Y preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 787535 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP r . / DATE: ) l�Ul By: Jonl an M. Etkowicz, Esquire Atto ey for Plaintiff 787535 Exhibit "A" 787535 OF THE PROTHONOTARY PHELAN HALLINAN, LLP �APR 29 PM Attorney for Plaintiff Adam H. Davis,Esq., Id. No.2030 0 M 1: 35 -- 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 GMAC MORTGAGE,LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS • SCOTT A.DUNCAN : CIVIL DIVISION JENNIFER M.DUNCAN ijib No. 12-3063-CIVIL p.Aa ei'bk 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 SCOTT A.DUNCAN,and ,JENNIFER M.DUNCAN,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint $151,154.66 TOTAL $151,154.66 I hereby certify �ts'last known addresses are 923 PETERSBURG ROAD,CARLISLE, PA PO BOX 427,BOILING SPRINGS,PA 17007-0427, and(2)that notice has been given in accordance with Rule Pa.R./C..P237.1. Date 'T/2 ic/ A? at°,440L 17A9/12-J. H.Davis,Esq.,Id.No.203034 . •tiff "N DAMAGES ARE HEREBY ASSESSED AS INDICATED. / J DATE: y)D0,),s PROTHONOTARY • 293714 Exhibit "B" 787535 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • • Civil Division vs. r' CUMBERLAND CcupS, --f SCOTT A.DUNCAN • mrn n `` -; •JENNIFER M. DUNCAN • No.: 12-3063-CIVIL _° sloc 3' - CD ; Defendants yr, -I ORDER _ ; AND NOW,this 10' day of J),itael ,2013,upon consideration of Plaintiff s Motion to Make Rule Absolute,it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $145,309.76 Interest Through September 4,2013 $12,916.76 Late Charges $425.51 Legal fees $1,875.00 Cost of Suit and Title $580.41 Property Preservation $1,570.40 Mortgage Insurance Premium/Private Mortgage Insurance $2,174.48 Escrow Deficit $8,870.30 TOTAL $173,722.62 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Odor'es mkt.)_ / BY T- COURT: 911/13 J. .ry 787535 Exhibit "C" 787535 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hal]inan, LLP Representing Lenders in Pennsylvania December 30, 2013 • SCOTT A. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 RE: GMAC MORTGAGE,LLC v. SCOTT A. DUNCAN and JENNIFER M. DUNCAN Premises Address: 923 PETERSBURG ROAD CARLISLE, PA 17015 CUMBERLAND County CCP,No. 12-3063-CIVIL Dear Defendants, e Enclosed please find a true and correct c opy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 1/4/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. rely yours, r. I gnat an M.Etkowicz,Esq., Id.No.208786 Att. hey for Plaintiff Enclosure 787535 , • our Cuu C01,6 i ;412 ',4 ft '-I -.47.; — ' •••7- ''-.**13Nk . ._ _ _ 41111=WIMMININIMML isi:' = -Ili) •,4c...-004-,,-- e -1;4'''''. N ="11. 7. re _i_ • te . : .• Oet:7n S3MOS.GNikWa0V.I.S0d STI '%g:.•:'• . E.' ' r* ,/, ieli, --' ik °P 111A . ... 4fy-, g g 4' ko er ,S1 2 8 ...II . zpv g I, al it4u g= • 1:0! 11:1J1 ..... "fi . V ett oglc_ HEit' C> 2 2 00 4t^ E. a, . e t 0 ei r,4 (Tr v VI E il •zr Ca t".. kJ et.w 00 en > 9 .4t l'?g4 1 g4 ol U , - •c .g.,! .= < 0-0 g Pt e - '''' - v •r52 6 ZesIOZ4/ 112 t .0 8 Z. M t•)k4 14 Uw0014 71 - — a. z r.rs -s os L) rn ■-s a, go x f(2.-05 , tle it rg N. ... r.s c. ort : . 4. III I N. 21' N ao c g 5 U ff) E -cl ez) I g i'.. I f•I gX4 i4 ..., .,:. . Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • Civil Division v. • • CUMBERLAND County • SCOTT A. DUNCAN JENNIFER M. DUNCAN • No.: 12-3063-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS, PA 17007-0427 Phelan Hallinan,LLP DATE: By: if Jon 7 M. Etkowicz,Esquire AT ,r'/RNEY FOR PLAINTIFF 787535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT A. DUNCAN : JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants RULE AND NOW, this 2 8 ' day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. d r Z M A r7i G Q O Cs r"X r a Z C7C-. dw•^I W '+ 787535 onathan M. Etkowicz,Esq., Id.No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 OTT A. DUNCAN ./SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS, PA 17007-0427 Pat 787535 787535 fit- riOTHONCPFAii 2034,JAN 31 AN 10: /5 PENNSYLVANIAN! Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County SCOTT A. DUNCAN • JENNIFER M. DUNCAN • No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 28, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE,PA 17015-9211 BOILING SPRINGS, PA 17007-0427 Phelan Hallinan, LLP DATE: 1/.301)*4 By: John D. Kro , Esq., Id.No.312244 Attorney for Plaintiff 787535 r t Phelan Hallinan, LLP Attorney for Plaintiff20III FEB 20 Adam H. Davis, Esq., Id. No.203034 Alt T;' 1617 JFK Boulevard, Suite 1400 (-/r3: Er�L CCU One Penn Center Plaza :�t dNo ►'LVANf4 N Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN VERSATILE PROPERTY SOLUTIONS, • LLC • • Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 involved herein has been scheduled for March 12, 2014. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A three month postponement of the Sheriffs Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendants. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. PH#787535 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiff scounsel attempted to reach Defendants via telephone on February 19, 2014 at (717) 254-6902 however, the number has been disconnected. Plaintiffs counsel attempted to reach Defendant SCOTT A. DUNCAN via telephone on February 19, 2014 at(717) 254-6902 and left a voice message. Plaintiffs counsel attempted to reach Defendant SCOTT A. DUNCAN via telephone on February 19, 2014 at(717) 254-6902 and left a voice message. Defendants have not responded. 6. No judge has previously entered a ruling in this case. 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge entered an order for dated WHEREFORE,Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to June 4, 2014. Phelan Hallinan, LLP Date: February 19, 2014 By: /' G?/ in../ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH#787535 Phelan Hallinan, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN • VERSATILE PROPERTY SOLUTIONS, • LLC • Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendants. If the Defendants whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129. 2 (c) provides in part: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by rule 3129.1. 1. Service of the notice shall be made (i) upon a defendant in the judgment who has not entered an appearance and upon the owner of the property by the sheriff or by a competent adult in the manner PH#787535 prescribed by Rule 402(a) for the service of original process upon a defendant, or by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE, Plaintiff respectfully requests a three month continuance of the Sheriffs Sale of the mortgaged premises to the June 4, 2014 Sheriffs Sale. Phelan Hallinan, LLP Date: February 19, 2014 By: "e41/1)‘,C Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH#787535 Phelan Hallinan, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO. 12-3063-CIVIL SCOTT A. DUNCAN : CUMBERLAND COUNTY JENNIFER M. DUNCAN • VERSATILE PROPERTY SOLUTIONS, • LLC Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on February 19, 2014. SCOTT A. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 CARLISLE, PA 17015-9211 VERSATILE PROPERTY SOLUTIONS, LLC 923 PETERSBURG ROAD CARLISLE, PA 17015-9211 Phelan Hallinan, LLP Date: February 19, 2014 By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH#787535 I.` iiL pv in II lo: ti f''r }`(1fnCOUNTY Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County SCOTT A. DUNCAN JENNIFER M. DUNCAN : No.: 12-3063-CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 24, 2014. 2. A Rule was issued by the Honorable Judge Hess on or about January 28, 2014 directing the Defendants to show cause by February 18, 2014 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 A 787535 3. The Rule to Show Cause was timely served upon all parties on January 30, 2014 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 B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 18, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 2/214/M By: John D. Kr , Esq., Id.No.312244 Attorney for Plaintiff 787535 Exhibit "A" 787535 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County SCOTT A. DUNCAN • JENNIFER M. DUNCAN • No.: 12-3063-CIVIL • Defendants RULE AND NOW,this 2 8' day of 9,2,,,,,, 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T. COURT A ,1/ J. c.: z C- r" �" rn `gym r- < � 3 6 r• XCl C; co � w : 787535 onathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 SOTT A. DUNCAN COTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE,PA 17015-9211 BOILING SPRINGS,PA 17007-0427 es NA t 787535 787535 Exhibit "B" 787535 rtu r f P ; • rFag x? T � f/ Phelan Hallinan, LLP John D. Krohn,Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 GMAC MORTGAGE,LLC Court of Common Pleas • Plaintiff Civil Division vs. • CUMBERLAND County • SCOTT A. DUNCAN JENNIFER M. DUNCAN No.: 12-3063-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 28, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS,PA 17007-0427 Phelan HaIlinan, LLI' DATE .... tl' _ By: John D. Kral 7, Esq., Id. No.312244 Attorney for Plaintiff 787535 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 GMAC MORTGAGE, LLC • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • SCOTT A. DUNCAN JENNIFER M. DUNCAN • No.: 12-3063-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. SCOTT A. DUNCAN SCOTT A. DUNCAN JENNIFER M. DUNCAN JENNIFER M. DUNCAN 923 PETERSBURG ROAD PO BOX 427 CARLISLE, PA 17015-9211 BOILING SPRINGS, PA 17007-0427 Phelan Hallinan, LLP DATE: 204114 By: John D. ohn, Esq., Id. No.312244 Attorney for Plaintiff 787535 y GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-3063-CIVIL SCOTT A. DUNCAN CUMBERLAND COUNTY JENNIFER M. DUNCAN VERSATILE PROPERTY SOLUTIONS, LLC Defendants ORDER AND NOW,this ZS" day of February 2014, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 923 PETERSBURG ROAD, CARLISLE, PA 17015-9211 is postponed three months to the Sheriff's Sale scheduled for June 4, 2014. No further advertising or additional notice to lienholders or Defendants is required. However,the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: J. c-i r ` mm --n � r W rt3 r-" T1 7 ca 't3z Cn� h) CD _ i {CO e'V PH#787535 a f i DISTRIBUTION LEGEND ✓JOSEPH SCHALK,ESQUIRE ATTORNEY I.D.NO. 91656 Phelan Hallinan,LLP 126 LOCUST STREET HARRISBURG,PA 17101 TEL: (215)563-7000 FAX: (215)563-8656 Joseph.Schalk @fedphe.com ,/SCOTT A.DUNCAN JENNIFER M. DUNCAN VERSATILE PROPERTY SOLUTIONS, LLC 923 PETERSBURG ROAD CARLISLE,PA 17015-9211 a, 2c.�iy PH#787535 S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff vs. SCOTT A. DUNCAN JENNIFER M. DUN Court of Common Pleas Civil Division CUMBERLAND Cou rn J= rn CAN No.: 12- 3063 -CIVIL cis cm Defendants AND NOW, this .5' day of 144.-4/4• , 2014, upon consideration of Plaintiffs c ORDER Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through January 9, 2014 Per Diem $16.92 Late Charges Legal fees Cost of Suit and Title Property Preservation Escrow Deficit $145,309.76 $15,043.00 $425.51 $1,875.00 $541.93 $3,260.00 $13,401.27 TOTAL $179,856.47 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. co ‘es /e;,rteV J. 144nivo J appmf �r✓1 787535 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC G PH # 787535 -40 7i H„ ., DEFENDANT SERVICE TEAM/ lxh ; SCOTT A. DUNCAN COURT NO.: 12- 3063 -CIVIL tfi JENNIFER M. DUNCAN 2 , - T - VERSATILE PROPERTY SOLUTIONS, LLC C t-.0 SERVE VERSATILE PROPERTY SOLUTIONS, LLC. AT: TYPE OF ACTION `-C? ;;% 3515 GIBBON TERRACE CT XX Notice of Sheriff's Sale -;7'_ C-`) '% CHARLOTTE, NC 28269 -5754 SALE DATE: March 12, 2014 * *PLEASE RUSH SERVICE * ** ..0 SERVED `� Served and made known to VERSATILE PROPERTY SOLUTIONS, LLC, Defendant on the V 1 day of 1"�t�1A, , 20 1 4, at p 1:23, o'clock 1 M., at 3SiS l oot4Tetie, ce Cr , in the manner described below: Defendant personally served. C[4.4.rio + +e _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager /Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. )� 'MA t )t0. L. fry an officer of said Defendant's company. (10 OVa5e r% Other: Description: Age 3 U Height S' S" Weight loo I6SRace Sex F Other LI, .\■v,p ekr•s/tS , 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 Sale in the mann, of 'Pft herein, issued in the captioned y�4. case on the date and at the address indicated above. ; a 0:0":1 TA . Si>. Sworn to and subscribed sue! ��Obefore me this 1 Z day ?i CO1. EX Z = of M0-t'c.�. , 20 I 4 -2018 otaty: By: A , 'f' �w,,,ze1.� ? NOT SERVEts,F „...01 On � he day of 20 , at o'clock _. M., I, �``'�o,.DUNn`` , a competent adult hereby state that Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 092081 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f 1110 -OF FiCE THE PROTHONOTARY OFFiCE OF THe S.HERIFF Mil PM 2:3 CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage, LLC vs. Scott A. Duncan (et al.) Case Number 2012-3063 SHERIFF'S RETURN OF SERVICE 06/27/2013 04:23 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 923 Petersburg Road, South Middleton Township, Carlisle, PA 17015, Cumberland County. 07/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Scott A. Duncan, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 923 Petersburg Road, Carilsle, PA 17013, property is vacant, did not leave a forwarding at post office. 07/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jennifer M. Duncan, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 923 Petersburg Road, Carilsle, PA 17013, property is vacant, did not leave a forwarding at post office. 08/26/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 11/27/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 01/08/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 01/08/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of , Federal National Mortgage Association being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $933.52 June 20, 2014 (c) CountySu:te Sherif`; Teleosoft, Inc. SO ANSWERS, RONNY R ANDERSON, SHERIFF On May 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 923 Petersburg Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 23, 2013 By: Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-3063 Civil Term GMAC MORTGAGE, LLC vs. SCOTT A. DUNCAN, Jennifer M. Duncan Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -3063 -CIVIL, GMAC MORT- GAGE, LLC v. SCOTT A. DUNCAN, JENNIFER M. DUNCAN owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, CUMBER- LAND County, Pennsylvania, being 923 PETERSBURG ROAD, CAR- LISLE, PA 17015-9211. Parcel No. 40-11-0286-092. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $151,154.66. 47 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 CAO. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ,The Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 7177255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1je patriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular -daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2012-3063 Civil Term GMAC MORTGAGE, LLC vs. SCOTT A. DUNCAN Jennifer M. Duncan Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -3063 -CIVIL GMAC MORTGAGE, LLC v. SCOTT A. DUNCAN JENNIFER M. DUNCAN owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, CUMBERLAND County, Pennsylvania, being 923 PEIERSBURG ROAD, CARLISLE, PA 17015-9211 Parcel No. 40-11-0286-092. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING • Judgment Amount: $151,154.66 This ad ran on the date(s) shown below: 07/28/13 08/04/13 08/11/13 Svl/orn to end subscr . -. befo day of August, 2013 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 21st day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3063, at the suit of GMAC Mortgage LLC against Scott A. Duncan & Jennifer M. Duncan is duly recorded as Instrument Number 201416267. IN TESTIMONY WHEREOF, I have ee hereunto set my hand and seal of said office this day of July ;A.D. aoiy KaAm.,(0.(A2e.dfor, L9 D Recorder of Deeds, Cumberland County, Carlisle, PA Recorder of De ds My Commission Expires the First Monday of Jan. 2018