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HomeMy WebLinkAbout04-6283 FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO.Ol/ -b.U<3 C'(').lL~~ v. CUMBERLAND COUNTY DAVID L. JOHNSON MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE, P A 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 LA WYER 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 107806 File #: 107806 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID L. JOHNSON MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/06/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FAIRFIELD FINANCIAL MORTGAGE GROUP, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1719, Page: 50. By Assignment of Mortgage recorded 8/8/01 the mortgage was assigned to PLAINTIFF which assignment is recorded in assignment of mortgage book No. 680, page 301. 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 07/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 107806 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 12/14/2004 (Per Diem $25.57) Attorney's Fees Cumulative Late Charges 06/06/2001 to 12/14/2004 Cost of Suit and Title Search Subtotal $135,738.61 5,037.29 1,250.00 144.28 $ 550.00 $ 142,720.18 Escrow Credit Deficit Subtotal 0.00 264.79 $ 264.79 TOTAL $ 142,984.97 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 142,984.97, together with interest from 12/14/2004 at the rate of$25.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN PHELA~, LL2 ~ ~ ~c.~ J. /Tl!:. a.- By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 107806 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern comer of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No.1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in comer of Lot No. I; thence along common boundary of Lot No.3, Lot No.1 and Lot No.4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty- nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING NO. 26 WINDY HILL ROAD File #: 107806 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. -F.~S H- IIr:;E . ranClS . a man, sqUire Attorney for Plaintiff ---. DATE: J Z / I L( !Vlj Gpj;~ ~ #- 'ii. 0 ~ [;; ~ 0 ~ ~~~:tJ PI --0 ~ ~~tJ , -'" .....,} ':, ~' l-,:.J (".:.-.) n -- - -11 1-:-:J :::;~ 1" , r-;'\ fTI C) ,-' (r1 I (.)1 .; c; e \ , I ".- (? ',J n,1 ) C") f<~ : "I n 1 -' r-) ',~ :.rl C;J ., ;0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-06283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS JOHNSON DAVID L ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE JOHNSON DAVID L was served upon the , at 1315:00 HOURS, on the 27th day of December, 2004 DEFENDANT at 26 WINDY HILL ROAD NEWVILLE, PA 17241 DAVID JOHNSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.62 .00 10.00 .00 37.62 Sworn and Subscribed to before me thi s /b!:: day of . \ l J!AA-L~ A,. dOVeS A. D . / ./)}. - \~~'L () ~P~I~' ~ 7 rothonotary-' So Answers: .?~?~~~~~~ R. Thomas Kline 12/28/2004 FEDERMAN & PHELAN By: QilAv.- Deputy Sher' .. ' SHERIFF'S RETURN - REGULAR CASE NO: 2004-06283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS JOHNSON DAVID L ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE JOHNSON MARY T was served upon the at 1315:00 HOURS, on the 27th day of December, 2004 DEFENDANT at 26 WINDY HILL ROAD NEWVILLE, PA 17241 DAVID JOHNSON, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this /6 ~ day of (l . / '-7tM.~) 2/;'-1) 5 A . D . ( ~~~~rL-- a ~ ~C Prothonotary I I' 7 So Answers: .~i _./~ R. Thomas Kline 12/28/2004 FEDERMAN & PHELAN By: ~h eputy t; ~tf- Sherl~f PHELAN HALLINAN & SCHMIEG, L.L.P. .. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-6283 CIVIL TERM OA VIO L. JOHNSON MARY T. JOHNSON Oefendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID L. JOHNSON and MARY T. JOHNSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/14/04 to 2/28/04 TOTAL $142,984.97 $1,968.89 $144,953.86 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~(, 1~1_,~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. ~ DATE: (Y2';:UlC.J.. d d.~ f;..I/J7;.o, 12 , PRO PROTHY PHELAN HALLINAN & SCHMIEG. LLP . By: Lawrence T. Phelan, Esq., [d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Danie[ G. Schmieg, Esq., [d. No. 62205 Philadelphia, PA 19[03 (71)) )lii-7000 ATTORNEY FOR PLAINTIFF FILE COpy GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIl. DIVIS[ON Vs. : CUMBERLAND COUNTY DAVID L. JOHNSON MARY T. JOHNSON Defendants : NO. 04-6283 CIVIL TERM TO: DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 DATEOFNOTICE:.JANIIARYI92005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TH[S 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 [S 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 MAYBE 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. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFF[CE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFF[CE MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLlNAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMlEG, LLP . By: Lawrence T Phelan. Esq.. Id. No. 32227 Francis S. HaHinan, Esq., [d. No. 62695 Daniel G. Sdunicg, Esq., [d. No. 62205 Philadelphia, P A 19103 (71 '\) '\1i~.7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORA nON Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DAVID L. JOHNSON M/\RY T. JOHNSON Defendants : NO. 04-6283 CIVIL TERM TO: MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 DATE OF NOTICE: .JANTTARV t9 2005 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 DEF AUL l' 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 MAYBE 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 MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA l70t3 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S PPTURN - REGULAR LASE NO: 2004-06283 P COMMONWSALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS JOHNSON DAVID L ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON DAVID L the DEFENDANT at 1315:00 HOURS, on the 27th day of December, 2004 at 26 WINDY HILL ROAD NEWVILLE, PA 17241 by handing to DAVID JOHNSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.62 .00 10.00 .00 37.62 ?'j;~~ R. Thomas Kline 12/28/2004 FEDERMAN &- PHELAN Sworn and Subscribed to before -- By: me this day of A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-6283 CIVIL TERM DAVID L. JOHNSON MARY T. JOHNSON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID L. JOHNSON is over 18 years of age and resides at, 26 WINDY HILL ROAD, NEWVILLE, PA 17241. (c) that defendant MARY T. JOHNSON is over 18 years of age, and resides at , 26 WINDY HILL ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~(:~ DANIEL G. SCHMIEG, ~QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Tov.'IlSbip, Cumberland County, PetulSylvania. bounded and described in accordance with a Subdivision Plan prepared by Fisher Mowery and R08eudale Assoc. Inc. as reconled in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the Soutbem corne:.- of other lands !lOW or formerly of David L. and Mary T. Johnson; Ihence along Lot No. 1 on the aforementioned Subdivision Plan Soulh 88 degr~s 18 minuks 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin sel in comer of lot No. I; tbence a10ug common boundary of Lot No.3, Lot NO.1 and Lot No.4, North 05 degrees 59 minutes 40 secoods West seven 1w.ndte4 and fony'niIle bundrtdths (700.49) feet. 10 an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along Iaods now or formerly of Harold E. and Clara P. JohllllOn; thence along lands now or fonuerly of HaroW E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (28().OO) feet to an iron pin set in lands of same; tbence along bmds now or formerly of Harold E. and C1ara P. Johnson and lands now 01' fonnedy of David t. and Mary T. Johnson, South 01 degrees 28 mlnuteli 30 secnnd< West seven hundred five and eighty hundredths (705.80) feet. to a fence post, tfle point and place of begilllling. BEING all of LoI No. 3 and CODlaining 3.1637 acres. TITLE TO SAID PREMISES IS VESTED IN David L. Jolwon and Mary T. Johnson, biB wife by Deed from Kcanedl L. Tuch:y and Marsha A. Tuclrey, bis wife, dated 7/1211995 and recorded 111411995 in Record Boot. 125 Page 175. PROPERTY ADDRESS: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 TAX PARCEL: #30-08-0593-002B ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-6283 CIVIL TERM DAVID L. JOHNSON MARY T. JOHNSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on f/l;:ln.J l3 20o..S. If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." t F j ~ '0 -p0 tt-~ ...t:: -- r t>-> o -I:., -'Q. -.0 \) \) -0 \2J ?- ~-r:> '(~ t-' () ~i:t~1 -n ::r' \ W '-\ ::r: -rJ rni."~ nl c;; /) ~~ -;,~ i_,,~ (~'') .-':: (f1 c:) <,'~ ~TJ "c:"' ::'L C") U1 c....) ".',. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 04-6283 CIVIL TERM DAVID L. JOHNSON MARY T. JOHNSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $144,953.86 Interest from 2/28/04 to JUNE 8, 2005 (per diem -$23.83) $2,383.00 and Costs TOTAL $147,336.86 ~(.,)l,L~ DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attomey for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ........ '<1''<1' ........ t-r- ........ << ~~ ~;j ",J",J ~... .,..$ z ~~ 0 ZZ o~ S ~ ~~ .,::J ~~ ~ OJ U gg c: ~~ ~ ~'E ~ ~m ZZ ",J",J OJ zZ 0 00 Ii>< ~ $$ ,r:, ~~ ~ mm .,.. 0 ~ ~~ 0'" ., 0 \-' .. ~~ if> ~ ~ U 00 ;~ k O~ OJ ~ ,;, ...... ~~ g. uZ ;.. ..5.... ~~ ~~ p., .,..~ <. e~ ~~ OJ 00 " Ot: ",,,, ~ u ~ ;;..<. .,.. 0 ........ ~~ ~~ Ii><~ <n ~~ 0 e: if> ~ OJ 8; u .i:j ..t3 ~ ~ OJ ~ ~Ii>< - '--S ..... '"' \-'~ ~ ~ ~~ u jl --f:, . cd. t'!') 3 U' -t-*' ~ - J .- ~ ~ - - ~ 0) - - ~ -r ":il. '::: ::J---- q:: 1i ~ ~ :: j ~ <:l CIJ ~ , ~ d rvJ ~ ~ (0 , I -deS t- ...!\ c;; I ~ ,.,." ('- ..::- I N: Cl (J \.:;l <J '" J :J (\ 1h ~ \,J-. (:;':} "J ..j a V) J' () C,:'" () C) ~ c--' -..} () G ~ '\'i lI) --.. <::j V1 1;- ..,j ~ CJ ':l. l),- ""- ~ --.. ~ ('1) ~ . " LEGAL DESCRIPTION AIL THAT CERTAIN tract of land silUate in North Newton Township, CumbeIland County, Pennsylvania, bounded and described in accorda11ce with a Subdivision Plan prepared by Fisher Mowery and Rosendale Assoc. Inc. lIS re<:otded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the Southern corner of other lands lIOW or formerly of David L and Mary T. JohDsQn; thence along Lot No. I un the aforementioned Subdivision Plan South 88 del!f~s 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of lot No.1; thence along common 00n0dary of Lot No.3, Lot No. I and Lot No.4, North 05 degrees 59 minute<S 40 =onds West seven hUlli1red aDd fony-nine hundredths (700.49) feet to an iron pin set in lands now or fonncrly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson; tbenre along lands now or fonnerly of HaroW E. and Clara P. .JoIuIson Norlh 88 degrees 39 minutes 41 seconds East two hundred eighty and rero hundredths (2S0.00) feel to lID iron pin set in lands of same: thence along lands now or forrnerly of Harold E. and Clara P. Johmon and lands DOwor formerly of Da\,jd L and Mary T. Johnson, Soulh 07 degl'eCll 28 minutes 30 seconds West seven hundred live and eighty hundredths (705.80) feel to a fence post, lhe point and place of beginniog. BEING all of Lot No.3 and cowainiDg 3.1637 acres. TITLE TO SAID PREMISES IS VESTED IN David L Johnson and Mary T. Johnson, his wife by Deed from Kenne<ll L. Tuckey and Manila A. Tuekey, his wife, dated 7/1211995 and recorded 7/14/1995 in llecool Boot. 125 Page 175. PROPERTY ADDRESS: 26 WINDY HILL ROAD, NEWVILLE, P A 17241 TAX PARCEL: #30-08-0593-0028 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-6283 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From DAVID L. JOHNSON AND MARY T. JOHNSON (I) 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) Ifproperty 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 himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $144,953.86 L.L. $.50 Interest FORM 2/28/04 TO 6/8105 (PER DIEM - $23.83) - $2,383.00 AND COSTS Atty's Comm % Atty Paid $135.62 Plaintiff Paid Date: MARCH 3, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon~ p ~ ~y. ~ - . '/lAd. ;--- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Request for Military Status Page I 0 f I Department of Defense Manpower Data Center _ Military Status Report . Pursuant to the Servicemen's Civil Relief Act of2003 FEB-28-2005 11 :54:26 <Last Name First Middle Begin Date I Active Duty Status I Servicel Agency JOHNSON DAVID L. Currently not on Active Military Duty, bascd on the Social Security Number, but the middle namc does not match. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~w~~~ Rohert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Emollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Reqnesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:l/www.dmdc.osd.mil/udpdri/owalsscra.prc _Select 2/28/2005 Request for Military Status Page I of I Department of Defense Manpower Data Center _ Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of2003 FEB-28-2005 II :55:29 <Last Name First Middle Begin Date I Active Duty Status I Servicel Agency JOHNSON MARY 1. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches of the Military. ~w~~~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:/Iwww.dmdc.osd.mil/udpdri/owalsscra.prc _Select 2/28/2005 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID L. JOHNSON MARY T. JOHNSON NO. 04-6283 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~r; !rL.~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff .1.--'" "', C~..;l ("'" ',':~~ -'(1 I C\) ,--'..' ';~'" en w GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DAVID L. JOHNSON MARY T. JOHNSON CIVIL DIVISION NO. 04-6283 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action. by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 26 WINDY HILL ROAD, NEWVILLE, PA 17241. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITlBANK(SOUTH DAKOT A)NA 701 EAST 60TH STREET SIOUX FALLS, SD 57104-0432 . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRSTAR BANK, NA 205 WEST 4TH STREET CINCINATTI, OH 45202 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 26 WINDY HILL ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Februarv 28.2005 DATE &-n~P G .~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff (l ,,~ G:;') c:,) [~.n ~. ..,...;.',<' :.:,t,~ :;>:) I 0.) ,.-..... ,---,. -n en en "'" GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-6283 CIVIL TERM DAVID L. JOHNSON MARY T. JOHNSON Defendant(s). February 28, 2005 TO: DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 26 WINDY HILL ROAD. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the CUDlberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $144.953.86 obtained by GMAC MORTGAGE CORPORATION (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled 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. 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. I. If the Sheriffs 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 ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~ . LEGAL DESCRIPTION AU THAT CERTAIN tract of laod situate in North Newton Township, Cumberland County, PelUlSylvania, bounded and described in accordance with a Subdivision Plan prepared by Fisher Mowery and Rosendale Assoc. Inc. as recoIded in Cumberland County Plan Book 70 Page 70. as follows: BEGINNING at a fence poSI in the Soutbem corner of other lands llOW or fonnerly of David L. and Mary T. JohI\sQn; thence along Lot No. I on the aforementioned Subdivision Plan Sonth 88 degrees 18 minule5 30 seconds West one hundred fifteen and zero hundredths (115.00) feet 10 an Iron pin Sl:t in comer of lot No. I; thence aloog common bouudary of Lot No.3, LoI No. I and Lot No.4, North OS degrees 59 minutes 40 seconds West seven hWldred aod forty-nine hundredths (700.49) fcellO an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or follllel1y of Harold E. and Clara P. Johnsoo; thence along lands now or formerly of MaroW E. and Clara P. Johnson North gg degrees 39 minutes 41 seconds East two hUlldred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along laods now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnsoo, Soulh 07 degree8 28 minutes 30 seconds West seven hundred five and eighty buodredths (705.80) feet to a fence post, the point and plal:e of begilUliog. BEING all of LoI No.3 and comaining 3~ 1637 acres. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson. his wife by Deed fwm Keanetb L. Tuckey and Marsha A. Tuckey, his wife, dated 7/1211995 and recorded 7/1411995 in RC(:nrd Book 125 Page 175. PROPERTY ADDRESS: 26WINDYHILLROAD,NEWVILLE,PA 17241 TAX PARCEL: #30-08-0593-002B ~:; () .....:;:1 -"" ^.;...t'l :;tr. J.P ;::~j. \ (..J L')) c!i. ~ GMAC Mortgage Corporation VS David 1. Johnson and Mary 1. Johnson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6283 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this it is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Mileage Levy Law Library Prothonotary Surcharge 30.00 50.00 10.36 15.00 .sO 1.00 30.00 $ 136.86 Sworn and subscribed to before me This ~ day of?lJ.,. ~"- 2005,A.D'i,.J : .~... rothonotary , ~~s~s: r~- ~...~~~ R. Thomas Kline, Sheriff BY vcc4JJfVli-t~ Real Estate Deputy t.\OI')..L.l. .. o~~ _ 1(, d- f GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PL AS DAVID L. JOHNSON MARY T. JOHNSON CIVIL DIVISION NO. 04-6283 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution as filed the following information concerning the real property located at 26 WINDY HILL RO NEWVILLE PA 17241. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot e reasonably ascertained, please indicate) DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a recor lien on the real property to be sold: Name Last Known Address (if address caIlIl t be reasonably ascertained, please indicat ) CITlBANK(SOUTH DAKOT A)NA 701 EAST 60TH STREET SIOUX FALLS, SD 57104-0432 . 4. Name and address of last recorded li'older of every mortgage of record: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) FIRSTAR BANK, NA 205 WEST 4TH STREET CINCINATTI, OH 45202 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known 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 ha any interest in the property which may be affected by the sale: Name Last Known Address (if address cann be reasonably ascertained, please indicat Tenant/Occupant 26 WINDY HILL ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best knowledge or information and belief. I understand that false statements herein are ma penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. f my personal subject to the Februarv 28, 2005 DATE ~F (, ~;~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-6283 CIVIL TERM DAVID L. JOHNSON MARY T. JOHNSON Defendant(s). February 28, 2005 TO: DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 MARY T. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 **TH1S FlRM lS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTA1NED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVlOUSLY RECEIVED A D1SCH. RGE IN BANKRUPTCY AND THlS DEBT WAS NOT REAFFlRMED. THIS IS NOT AND SHOULD NOT BE CON lWED TO BE AN A TTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * Your house (real estate) at 26 WINDY HILL ROAD NEWVILLE PA 17241 is scheduled to be sold at the Sheriffs Sale on JUNE 8.2005 at 10:00 a.m. in the Cumberland County ourthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $1 44.953.86 btained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event th sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rul 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prcvent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees due. To find out how much you mu t pay, you may call: (215) 563-7000. 2. You may be able to stop the salc by filing a petition asking the Court to trike or open the judgment, if the judgment was improperly entered. You may also ask t e 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 attome .) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE 0 HER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bi der. 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 ossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount du find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain th 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 t the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal procee ings to evict you. 6. You may be entitled to a share of the money which was paid for your house. schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 0 the sale. This schedule will state who will be receiving that money. The money will be paid out in ace rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are file with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home ba k, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI E LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not prese at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3 I 66 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, CumbeIlaOO County, Pennsylvania. bounded and described in accotdance with a Subdivision Plan prepared by Fisher Mowery and Rosendale Assoc. IJIC. as recorded ill Cumberland County Plan Boot 70 Page 70, as follows: BEGlNNI NG at a feJIl:e poSI in thl: SolIlbern corn~ of olber lands IJOW or formerly of David L. and Mary T. JoblIson; thence along Lot No. I on the aforementioned Subdivision Plan South 88 degrees 18 minutes 30 :second$ West ODe hundred fifteen and zero hundredths (I1.5.00) fl:et 10 an iron pin set in comer of lot No.1; thence a10118 common boundary of Lol No.3. LoI No. t and Lot NO.4, North 05 degrees .59 mlnules 40 secoods West .seven blllldred alld fony-nille hundredths (700.49) feet 10 an iron pill set in lands now or formerly of Harold E. and Clam P. Johnson; thence along lands now or fonnerly of IlaroJd E. and Clara P. JobllllOo; thence along lands now or formerly of Harold E. and Clam P. .JoblIson Norlh 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pia set in lands of same: theoce along lands now or formerly of Hacold E. aDd Clara P. Johnson and landt now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feel to a fence post, the point and place of begilllllng. BEING all of Lot No.3 and colliaiaiJlg 3.1637 acres. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson. his wife by Deed from Kenneth L. Tucb:y and Marslta A. Tuckey, bis wife, dated 71 1211995 and recoroed 7/14/1995 in Record Boot. 125 Page 175. PROPERTY ADDRESS: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 TAX PARCEL: #30-08-0593-002B WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANLll) COUNTY OF CUMBERLAND) NO 04-6283 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs dne GMAC MORTGAGE CORPORATION, Plaintiff ( ) From DAVID L. JOHNSON AND MARY T. JOHNSON (I) 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 om paying any debt to or for the account of the defendant (s) and from delivering any property of the defe ant (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 himlher that he/she has been added s a garnishee and is enjoined as above stated. Amount Due $144,953.86 L.L. $.50 Interest FORlVl 2/28/04 TO 6/8/05 (PER DIEM - $23.83) - $2,383.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $135.62 Other Costs Plaintiff Paid Date: MARCH 3, 2005 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563,7000 Supreme Court ID No. 62205 c, c~. LLJ;' C) .~ L":r "- .. C):~ c l..J_c.:;:::' "- ~~~~" (n"- ~,_.' ~:, a ..:=;- r\', 0_ i:."':r- co I = '"'" ::.:: <r-, = ~eal Estate Sale #34 On March 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 26 Windy Hill Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09, 2005 By: )~ (ty J ~vu.-fJ, Real Estate Deputy @~ ~@><f