Loading...
HomeMy WebLinkAbout05-3655 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRlSE ROAD SUITE 150 HORSHAM, PA 19044-0969 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS" -31c,5$ (!;u~L~~ CUMBERLAND COUNTY v. WILLIAM A DILLEN, II. 708 ALLENVIEW DRIVE MECHANlCSBURG, P A 17055 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 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 INFORMA TlON 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, PA 17013 (800)990-9108 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 L1TIGA nON 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 OBLIGA nONS 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: WILLIAM A. DILLEN, II. 708 ALLENVIEW DRNE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/31/1998 mortgagor(s) WILLIAM A. DILLEN, II. & BECKY M. SULLIV AN- DILLEN made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1473, Page: 443. By Assignment of Mortgage recorded OS/25/99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 613, Page 1061. 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 03/01/2005 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. 6. The following amounts arc due on the mortgage: Principal Balance Interest 02/01/2005 through 07118/2005 (Per Diem $19.67) Attorney's Fees Cumulative Late Charges 07/31/1998 to 07/18/2005 Cost of Suit and Title Search Subtotal $97,357.98 3,304.56 1,250.00 114.06 $ 550.00 $ 102,576.60 Escrow Credit Deficit Subtotal - 585.40 0.00 $- 585.40 TOTAL $ 101,991.20 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 ofa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of] 983 because the mortgage is FHA-insured. 10. Plaintiff hereby releases BECKY M. SULLlV AN- DILLEN, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 101,991.20, together with interest from 071l8/2005 at the rate of$19.67 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. PHELAN L1N~N &s'~4xa?(- By: IsIFraneis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, PelU1sylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick, dated July 4, 1981, with revisions through and including Sept 8, 1982, as follows, to wit: ALL that land in Stage III, Section B, Townhouse Plot No. l-E, being described more particularly on said Plan and recorded in Plan Book 42, Page 69, and being described on said Plan as Lot No.1-E. BEING known and numbered as 708 Allenview Drive, Mechanicsburg, Pennsylvania, P A 17055. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions, dated September 8,1982 and Recorded September 22, 1982 in the Cumberland County Recorder of Deeds Office in Misc. Book 280, Page 81. ALSO UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record. BEING THE SAME PREMISES which Kathy A. Wright, by her deed dated the 31st of July 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 182, Page 982, granted and conveyed unto William A. Dillen, Il, and Becky M. Dillen, his wife, grantors herein. File #: 119476 VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, 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: S;/io5 / ~ ~ G p ut t If\ .:t:. lrt (; ...', 0 ~ - c:~-. ~ 41 , .J: \) , ..... \ () ~ ~ ~~~ ..t:::. w - :{~\ ',:} "\) ~ ...0 ::~~~ (?, -0 -.:1 "'r1" ~' '.~~ -::1 ~ -" -~~ (" ) -~... :dt~1 9 ,,' U' '):J ----L.... -'- _J -< - ---- Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs. CwnberIand COUNTY William A. Dillen, II NO. 05-3655 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, William A. Dillen, II, by first class mail and certified mail to the last known address and mortgaged premises, located at 708 Allenview Drive, Mechanicsburg, P A 17055, and in support thereof avers the following: I. Attempts to serve Defendant, William A. Dille'll, II, with the Complaint have been unsuccessful. The Sheriff of Cwnberland County attempted to Sf:rve the Defendant at the mortgaged premises, 708 Allenview Drive, Mechanicsburg, P A 17055. As indicated by the SherifI's Return of Service attached hereto as Exhibit "A", according to a neighbor the defendant stays at his girlfriends house. The neighbor could not provide a name or address for the girlfriend. 2. The Plaintiff attempted to serve the Defendant at the last known address, 5022 East Trindale Road, #B6, Mechanicsburg, P A 17055. As indicatl~d by the Return of Service attached hereto as Exhibit "B", the current resident does not know the defendant. 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 14, 2005 to bring loan current. 5. Plaintiff submits that it has made a good faith t:ffort to locate the defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests tIns Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~---_._. . leg, Esquire Attorney for Plaintiff Date: September 14,2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation vs. COURT OF COMMON PLEAS CIVIL DNISION Cumberland COUNTY NO. 05-3655 Civil Term William A. Dillen, II MEMORANDUM OF LA V~ Pa. R.c.P. 430(a) specifically provides: (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 vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last knmvn address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165.360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infonnation 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 attached Sheriffs Retum of Service, attached hereto and marked as Exhibit "A" and Exhibit "B", the Sheriffhas been unable to s(:rve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B~ Dame leg, Esquire Attorney for Plaintiff Date: September 14,2005 SHERIFF'S RET:URN - NOT FOUND CASE NO: 2005-03655 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DILLEN WILLIAM A II R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DILLEN WILLIAM A II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DILLEN WILLIAM A II 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 PER NEIGHBOR, DEFENDANT STAYS AT GIRLFRIEND'S HOUSE AND IS RARELY HOME. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 8.00 5.00 10.00 .00 41.00 So answe"7'>".=':"'~~;'''>''''' --;:; :~~ R. ThomaE' Kline Sheriff of CUrrloerland County PHELAN HALLINAN SCHMIEG 08/31/2005 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETIJRN - NOT FOUND CASE NO: 2005-03655 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DILLEN WILLIAM A II R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DILLEN WILLIAM A II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DILLEN WIL:GIAM A II 5022 EAST TRINDLE ROAD # B6 MECHANICSBURG, PA 17055 RESIDENT AT 5022 E TRINDLE ROAD B6 CLAIMS THAT SHE DOES NOT KNOW DEFENDANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 8.00 5.00 10.00 .00 29.00 So answ:.:~ ,~c?_;cc<?~.:' CO' //:;:::::;:;:/ ~ ~::---./ /~~::'r-t(____~..._. R. ThomaEl Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/31/2005 Sworn and subscribed to before me this day of A.D. Prothonotary FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 119476 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: William A. Dillen, II & Becky M. Sullivan-Dillen Current Address: 708 AlIenview Drive, Mechanicsburg, P A 17055 Property Address: 708 AlIenview Drive, Mechanicsburg, PA 17055 Mailing Address: 708 AlIenview Drive, Mechanicsburg, P A 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct William A. Dillen, 11- 433-90-2028 Becky M. Sullivan-Dillen - 186-50-4816 B. EMPLOYMENT SEARCH William A. Dillen, II & Becky M. Sullivan-Dillen - A review of the credit reporting agencies provided no employment information. C INQUIRY OF CREDITORS Our inquiry of creditors indicated that William A. Dillen, II & Becky M. Sullivan-Dillen reside(s) at: 708 AlIenview Drive, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that William A. Dillen, II & Becky M. Sullivan-Dillen reside(s) at: 708 AlIenview Drive, Mechanicsburg, PA 17055. On 7/7/05, 7/8/05, and 7/11/05 our office made several telephone calls to the subjects' phone number, (717) 796-1946 and received the following information: answering machine on all occasions "Hello you've reached 796-1946". III. INQUIRY OF NEIGHBORS On 7/7/05, 7/8/05, and 7/11/05 our office made several attempts to contact T. Marango, at 706 AlIenview Drive, Mechanicsburg, P A 17055, (717) 691-8338 and received the following information: answering machine on all occasions. On 7/8/05 our office attempted to contact Matthew Walko, at 709 AlIenview Drive, Mechanicsburg, PA 17055, (717) 697-3145 and received the following information: spoke with an unidentified male who could not confirm or deny that the subject resides at 708 AlIenview Drive, Mechanicsburg, PA 17055. On 7/7/05, 7/8/05, and 7/11/05 our office made severa] attempts to contact J A Miller, at 710 AlIenview Drive, Mechanicsburg, PA 17055, (717) 697-7799 and received the following information: answering machine on all occasions. Using both our White Pages data base and our National Address data base our office was unable to locate any neighbors within ten houses of 5022 East Trindale Road, #B6, Mechanicsburg, P A 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 7/11/05 we reviewed the National Address database and found the following information: William A. Dillen, II & Becky M. Sullivan-Dillen- 708 Allenview Drive, Mechanicsburg, P A 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES V. DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on William A. Dillen, II & Becky M. Sullivan-Dillen. VI. OTHER INQUIRIES A DEATH RECORDS As of 7/11/05 Vital Records and all public databases have no death record on file for William A Dillen, II & Becky M. Sullivan-Dillen. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for William A Dillen, II & Becky M. Sullivan-Dillen residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A DATE OF BIRTH William A. Dillen, 11- 2/1953 Becky M. Sullivan-Dillen - 8/1969 B. AKA Becky M. Sullivan AKA Becky M. Dillen * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates Ilhe subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby 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 CS. See. 4904 relating to unsworn falsification to authorities. ~~ AFFIANT - Brendan Booth Foreclosure Review Services, Inc. Sworn to and subscribed before me this 11 'h day of July 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. kls COMMONWEALfH m PENNSYLVANIA Notarial Seal Kimberly A. Hafto, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Jan. 29, 2007 Member, Pennsylvania A~sndatjon of Notaries ~~~Q t\~ " VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallimm & Schmieg, L.L.P. ~~ ;~mieg, Esquire Attorney for Plaintiff Date: September 14,2005 " ~ = en (/) ~ 1'-' <=> ~ ~:1J ~~ :;-1'1 ..,t... --U Qb .c-(f1 o ~ ~o :-<; :;g r:-? \D Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 Jolm F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation COURT OF COMMON PLEAS CNIL DNISION Vs. Cumberland COUNTY William A. Dillen, II NO. 05-3655 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. William A. Dillen, II at: 708 Allenview Drive Mechanicsburg, P A 17055 5022 East Trindale Road, #B6 Mechanicsburg, PA 17055 The undersigned nnderstands that this statement is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~"" E"lWre Attorney for Plaintiff Date: September 14, 2005 Q \~;; ~ ~ U> ,.,-, --0 1" o ""f'll.~. l~\:' (t) -'- f;:~ '~~~ ~ ...-: -0 -. ..>>- l)? ~ ~ 01~ 0\:?, O,b ......1 ~f, :J::;!] QO ,.-{11 o ~....l.. ~ ~ - ...0 PHELAN HALLINAN & SCHMIEG, 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 GMAC MORTGAGE CORPORATION A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CNIL DNISION vs. CUMBERLAND County WILLIAM A. DILLEN, II No. 05-3655-CNIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: :r;~~ ~ , ~~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: September 19.2005 fromt, Svc Dept. File# 119476 -oc". P'l:' :;;?' ~,. :~? r (/~, I -0(" r-" :< ~~~~,; ~ D ~~ ~ <'-> = = t.n U> fTl -0 N o ""'0 ::r. N N ~ :r fl1 :n -viii :::J~ () ..,-4 . I-d ~~C) (3m ..,~ "'" So -< GMAC MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERI-AND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WILLIAM A. DILLEN, II,: Defendant NO. 05-3655 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of September, 2005, upon consideration of Plaintiff's Motion for Service Pursuant To Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendant by (I) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 708 Allenview Drive, Mechanicsburg, P A 17055, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 708 Allenview Drive, Mechanicsburg, PA 17055. PAPERS subsequent to original process may be served by regular mail to the said last known address. BY THE COURT, :rc Daniel G. Schmieg, Esq. ~e Penn Center at Suburban Station 1617John F. Kennedy Blvd. ~ Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff v:r\{'/;I.:.I,\,S!\;\I'~ d U' I(~'-"'-' r, '. -, '*'0"'-'1_1'-'(') I 1\.',~'; ~' -;--i,. \1 tv S I :8 Hd 92 d::JS SOUZ . LJ'II'" ,~" "r" 'd 'JHl -'0 ^a\,,~U!'~I....jrL~,I,-h:1";':J, .:J 381-):10-(1311:1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03655 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DILLEN WILLIAM A II R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DILLEN WILLIAM A II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DILLEN WILLIAM A II 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 PER NEIGHBOR, DEFENDANT STAYS AT GIRLFRIEND'S HOUSE AND IS RARELY HOME. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 8.00 5.00 10.00 .00 41.00 S~_<:~~"'----_---~c-~6;;;i~-=-- ~'~~8~~~ { R. Thomas Kline Sheriff of Cumberland County ? PHELAN HALLINAN SCHMIEG 08/31/2005 Sworn and subscribed to before me this _((P day of '3--et ~M bu- J-voS- (j~ Prothcmotar. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03655 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DILLEN WILLIAM A II R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DILLEN WILLIAM A II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DILLEN WILLIAM A II 5022 EAST TRINDLE ROAD # B6 MECHANICSBURG, PA 17055 RESIDENT AT 5022 E TRINDLE ROAD B6 CLAIMS THAT SHE DOES NOT KNOW DEFENDANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 8.00 5.00 10.00 .00 29.00 So answer~ ,,/ / _ ,~~c~~2~::;;' .- -;C . R. Th;;mas-Klin:; Sheriff of Cumberland County " PHELAN HALLINAN SCHMIEG 08/31/2005 Sworn and subscribed to before me this fCp day of ~ JDOc:) A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, 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 GMAC MORTGAGE CORPORATION ATTORNEY FORPLAThITITF COURT OF COMMON PLEAS Plaintiff CNIL DMSION vs. CUMBERLAND County WILLIAM A. DILLEN No. 05-3655-CNIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. , PHe AN HALLINAN & SCHMIEG, LLP ~ ' / By:'! flik~ F NCIS S. HALLINAN, ESQUIRE LA RENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: October 13. 2005 /lxh, Svc Dept. File# 119476 ...., C"? r.;:.:? Cf' o n ! (-:\, -, .:;.. 1'.;) l'0 0' PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ~) ~1i,-7000 GMAC MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS vs. CNIL DNISION WILLIAM A. DILLEN, II. Defendant( s) CUMBERLAND COUNTY : NO. 05-3655 CNIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT RV MAn. PI TR SlT A NT TO COlTRT ORnRR I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons WILLIAM A. DILLEN, II. at 708 ALLENVIEW DRIVE, MECHANICSBURG, P A 17055, 5022 EAST TRINDALE ROAD, #B6, MECHANICSBURG, P A 17055 on OCTORRR ll; 2005, in accordance with the Order of Court dated SEPTEMBER 26, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. , '. Date: Odoher 1, 700~ . ,~,~ CIS S. HALLINAN, ESQUIRE rney for Plaintiff t;:~ C) ',-;;;:;) '::'n c..>.~ j.". LI.) o --J SHERIFF'S RETURN - REGULAR CASE NO: 2005-03655 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DILLEN WILLIAM A II KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DILLEN WILLIAM A II the DEFENDANT at 1011:00 HOURS, on the 27th day of October 2005 at 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 708 ALLENVIEW DRIVE MECHANICSBURG 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 Posting 18.00 11.52 .00 10.00 6 .00 45.52 So Answers: ~~/ ,,.<::;1'( .r ~~~~~1~~~ R. Thomas Kline 10/28/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: A.D. me this 'j e day of PHELAN HALLINAN & SCHMIEG, 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 GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY WILLIAM A. DILLEN, II No. 05-3655-CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: l^--=- 5. I/.v~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: February 28. 2006 /jmr, Svc Dept. File# 119476 ,~ ---! "f' PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 GMAC Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF COURTOFCO~ONPLEAS vs. : CIVIL DIVISION William A. Dillen, II Defendant( s) CUMBERLAND COUNTY : NO. 05-3655 Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy ofthe Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following person, William A. Dillen, II at 708 AIIenview Drive, Mechanicsburg, P A 17055, on March 20. 2006, in accordance with the Order of Court dated Sentember 26. 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: March 20. 2006 1^-~ 5 ~- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~, ,~'_? c) c";::':l -..-\ c~ ::r. ~ :;'~'.,,,, r-\-:-'; ;,0 ,......., N t,._ r....J J="' , ~ . Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FORPLAmTWF GMAC Mortgage Corporation : Court Of Common Pleas vs. Civil Division William A. Dillen, II Cwnberland County : No. 05-3655 Civil Tenn AFFlDA VIT OF SERVICE BY PUBLICATION m ACCORDANCE WIlli COURT ORDER I hereby certi1Y that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated September 26, 2006 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(l) in The Sentinel on March 29. 2006 and Cwnberland Law Jownal on March 31, 2006. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L:; ~1(~ Francis S. Hallinan, Esquire Date: April 24, 2006 Jason Ricco Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker, Classified Advertising Manar;er ,of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) March 29, 2006 COpy OF NOTICE OF PUBLICATION NOTICE OF ACTldhV&l.u,."/W~.s_l!'-l.I.\~l.OSUFlE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA caVIL ACTION - LAW GMAC Mortgage Corporation. V,. William A. Dillen, II COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-3655-C1VIL TERM NOTICE TO WilJiam A. OiJIen. II: Yo~ are hereby notified that on J.!J..!.:!.~ Plaintiff. GMAC Mortgage Corporation. I flied a Mortgage FOreclosure Complaint endorsed with a Notice to Defend, against I . you In the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 05-36SS-CIVIL TERM. Wherein Plaintiff seeks to foreclQse on the mortgage secured on your property located at 708 A1.LENVJEW DRIVE, MECHANICS BURG PA 17055 wllereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publicatlon or a Judgement will be entered against you. NOTICE If you ",:iSh to defend, you must enter a writt,en appearance personaUy or by attomey and file your defenses or Objections in Writing with the court. You are wamed that if you .fall to do ~ the case may ~roceed without you and a Judgement may be entered agamst you without further notice for the relfef requested by the plaintiff. You may lose money or property or other rights Import8l"lt to YOU. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU 00 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 AFPORD 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 lAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of p blication are true. Sworn to and subscribed before me this 29th. day of March2006. , /J . I) II U/(,w/J. Ii, C/J/:r LJ e ' Not ry Public My commission expires: N01AIlIAL SEAl. lIClNIM A CANUP r_"E~~UND~ Mv c:om......... "'*-.luIl eo ... CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-3655 Civil Term GMAC Mortgage Corporation VS. William A. Dillen, II NOTICE TO William A. Dillen. II: Vou are hereby notified that on July 19. 2005. Plaintiff. GMAC Mort- gage Corporation. filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cum- berland County Pennsylvania, dock- eted to No. 05-3655 Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 708 Allenview Drive. Mechanicsburg, PA 17055 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OF- FICE 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 SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Mar. 31 4 ~ 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 March 31, 2006 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. ~. SWORN TO AND SUBSCRIBED before me this 3 I day of March, 2006 ~,,~,~,:;d~!::n:&:!fA/ I"" , -~(~' j'. c, ---- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 05-3655 WILLIAM A. DILLEN, II Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $107,793.85 Interest from 5/9/06 to SEPTEMBER 6, 2006 (per diem -$17.72) $2,126.40 and Costs TOTAL $109,920.25 j) DANIEL G. SCHMIEG, ESQUIRE! One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney 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. >. a~; j2~ :...!.15-~~ :~~}~ ~,5 ~~S-~< ::31)_ I,LLl '-"--''I''" ;:::: lJ.~ o ~~ Z O~ Z 0 ~;, ..... 0 "'" \ol'" ..... ;;;l ...:>- ~ ..... U ~if) ..... \ol.., zZ Z X... O~ 0 \ol '" ;:l ~ en ~~ ... ~ '" ..;l 0<:1 ~ . 0 ..... ... O~ u ~ "'" ... '" ,;. .i. ;~ uz .. ~;;;l " ~ ~~ 00 < ~~ U " ~~ ~ ..... 01: ..;l ~ '" ;;;lZ 0 := \ol6 0< ~ ~ ~ UE2 ..... U U ~'" < \ol -i:i q "",i:C ~ ~ ~ Z~ " c:.. G: _;;l U N ~2i: -J:7 . ';;-r f+-. ~ ^"n~ : '- ~ '"- '- ij~i-.j -t; ~ ;;; ~ ~ " ,cir- <23 ..",;. :5 ^ U a'J C)ni<>" () 0 ,_<?qVJ..jVJ08 ~~~~~~0-f) Cl rl --.: :::r- <'6 ::: :>- '.,.~ ::tC ....c, <:;::::".:> = "" ~:5 '() \J () Iv, --..: ~~ on on Q .... - < c:.. rS ~ ;;;l i:C if) U - Z < =' u ~ w: ;, -,j ..... ~ " > ~ k 0) ~ en " .c ;, ~ z s '" if> ... k " ~ g. P- 00 " <:> k .... " .<:: vi ::: en OJ k -0 ~ '--.......i v I..j '.,J ,~ -+ '2 J to <i f"'"<) :x- () '~ 'l.~ d'cX. w + Jlj '---j-- (j) .....J ~ \J,J nL WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANlA) COUNTY OF CUMBERLAND) NO 05-3655 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM A. DILLEN, II (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,793.85 L.L. $.50 Interest FROM 5/9/06 TO 9/6/06 (PER DIEM - $17.72) - $2,126.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $241.20 Plaintiff Paid Date: MAY 11, 2006 Other Costs Jl~dl#~ CURTIS 2::;;;-"1 Prothonotary (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 . 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 CIVIL DIVISION Plaintiff, v. NO. 05-3655 WILLIAM A. DILLEN, II Defendant(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 WILLIAM A. DILLEN, II, 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 7/19/05 to 5/9/06 TOTAL $101,991.20 $5,802.65 $107,793.85 I hereby certify that (I) 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DATE: (Yl.':J'l IIi -:l.c'Ot- PRO PRO THY . PHELAN HALLINAN & SCHMIEG, LLP -, By: Lawrence T. Phelan, Esq., [d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY WILLIAM A. DILLEN, II Defendants : NO. 05-3655 CIVIL TERM TO: WILLIAM A. DILLEN, II 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 DATE OF NOnCE: APRIL 21, 2006 THlS 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 NonCE fiLE COPY 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 THlS 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 HlRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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, PA 17013 (800)990-9108 1^---'- >. +l~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP -. By: Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff ATTORNEY FORPLAINTffF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY WILLIAM A. DILLEN, II Defendants : NO. 05-3655 CIVIL TERM TO: WILLIAM A. DILLEN, II 5022 EAST TRINDALE ROAD, #B6 MECHANICSBURG, PAl 7055 DATE OF NOTICE: APRIL 21. 2006 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. F Il EGO P Y IMPORT ANT 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 LA WYER, 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 17013 (800)990-9108 1~.~ 5 kXk- FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3655 WILLIAM A. DILLEN, II 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 ofthe 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 WILLIAM A. DILLEN, II is over 18 years of age and resides at , 708 ALLENVIEW DRIVE, MECHANICS BURG, PAl 7055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jv. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (:) D ~ ~ \l ~ -u ~ '>- W "D ?-J +- Cl') -f- --L.. '(; r< v =t- K r". \ ~ ~' - ~ ~ .-..0 1""'-0 rI\ r"' (""' -lQ.. -') r-. " '" v (") ~; < -rJ t~':,~' n-ll -/ ;i~: r''''' ~ ~ c;.:l c,-.. .--\ -;;.. :c.....r'\ )::'>. rn-- -" -0 r-n ::ny :~r) ".-- ~r L g?\ -r~ r ~ N ,~.- ;po ;:;:: - - .' - (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3655 WILLIAM A. DILLEN, II Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ('fl::I, U 200 Ie, By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attomey for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 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.** LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick, dated July 4, 1981, with revisions through and including Sept 8, 1982, as follows, to wit: ALL that land in Stage III, Section B, Townhouse Plot No. I-E, being described more particularly on said Plan and recorded in Plan Book 42, Page 69, and being described on said Plan as Lot No. I-E. BEING known and numbered as 708 Allenview Drive, Mechanicsburg, Pennsylvania, P A 17055. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions, dated September 8, 1982 and Recorded September 22, 1982 in the Cumberland County Recorder of Deeds Office in Misc. Book 280, Page 81. ALSO UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record. BEING THE SAME PREMISES which Kathy A. Wright, by her deed dated the 31 st of July 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 182, Page 982, granted and conveyed unto William A. Dillen, II, and Becky M. Dillen, his wife, grantors herein. TITLE TO SAID PREMISES IS VESTED IN William A. Dillen, II, by Deed from William A. Dillen, II and Becky M. Dillen, his wife dated 4-28-00, recorded 10-16-00 in Deed Book 231, page 363. BEING PARCEL # 42-28-2423-271 PROPERTY BEING: 708 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 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 WILLIAM A. DILLEN, II NO. 05-3655 Defcndant(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: (X) an FHA mortgage () non-owner occupied () vacant () 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. j) n DANIEL G. SCHMIEG, ESQU1 Attorney for Plaintiff -0 c~, <\~': f --1"" ;.",,' ((:/ ~:"" 1,,<. CJ G ,,-~'-- r-> = "" 0' % ;:.:: -- - - ',:.-c\, 1:--::"" :;;~ ,.- 7.: ~~ -<: "" ::;r.: o -n :::;;\ ~-r, fl1r -,"2 -:-~l _( '~'~C\ ~x: :f~ St~~ ,") ?~ ~-b C< - - ~ N ... GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WILLIAM A. DILLEN, II CIVIL DIVISION Defendant(s). NO. 05-3655 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 .708 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM A. DILLEN, II 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(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) None 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) BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A 3 PARK PLAZA, SUITE 1800 IRVINE, CA 92614 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR COUNTRYWIDE HOME LOANS G4318 MILLER ROAD FLINT, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR COUNTRYWIDE HOME LOANS 1800 TAPO CANYON ROAD, SV-79 SIMI VALLEY, CA 93063 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 708 ALLENVIEW DRIVE MECHANICS BURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /f)a <<UP Q N. lx ~~O' DANIEL G. SCHMIEG, ESQUIRE i Attorney for Plaintiff May 9, 2006 DATE (') f? -c l~;-~: n'1f ~~:. ((;! .'. f.::'-'< 'j:. ....., = c:~ w~ ~ :::~.. -( o ., --< X-r'j fnp :-g~ nl~ '.~ c-l ,> "-D '-< """ ::J\~ .r- N ". - GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-3655 WILLIAM A. DILLEN, II Defendanl(s). May 9, 2006 TO: WILLIAM A. DILLEN, II 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 "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 DlSCHARGE 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, 708 ALLENVIEW DRIVE. MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $107,793.85 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: 1. 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. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may tind 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe 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 (to) 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 ALA WYER 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,PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick, dated July 4, 1981, with revisions through and including Sept 8, 1982, as follows, to wit: ALL that land in Stage III, Section B, Townhouse Plot No. I-E, being described more particularly on said Plan and recorded in Plan Book 42, Page 69, and being described on said Plan as Lot No. I-E. BEING known and numbered as 708 Allenview Drive, Mechanicsburg, Pennsylvania, P A 17055. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions, dated September 8, 1982 and Recorded September 22, 1982 in the Cumberland County Recorder of Deeds Office in Misc. Book 280, Page 81. ALSO UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record. BEING THE SAME PREMISES which Kathy A. Wright, by her deed dated the 31 st of July 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 182, Page 982, granted and conveyed unto William A. Dillen, II, and Becky M. Dillen, his wife, grantors herein. TITLE TO SAID PREMISES IS VESTED IN William A. Dillen, II, by Deed from William A. Dillen, II and Becky M. Dillen, his wife dated 4-28-00, recorded 10-16-00 in Deed Book 231, page 363. BEING PARCEL # 42-28-2423-271 PROPERTY BEING: 708 ALLENVIEW DRIVE, MECHAN1CSBURG, P A 17055 () c ,.".c>" 1:,) \~o':: r-:l'f -, ~:...; ;. (~l ::,/ ~.~~ >~i =< ,...., r~) c::> c:r' :!.: :,;.... -< o -., ---' ::r:-n n1r= -oj'T'l :--00 (") ~. .:-~() ", -tl ..;.';~ '-1"1 ,~,;-') ~jrn _-l ?E -<. ".. ........'''' - - r (.o.l SHERIFF'S RETURN - REGULAR CASE NO: 2005-03655 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DILLEN WILLIAM A II ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DILLEN WILLIAM A II the DEFENDANT , at 1941:00 HOURS, on the 2nd day of March , 2006 at 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 708 ALLENVIEW DRIVE 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 Posting Surcharge So Answers: 18.00 9.68 6.00 10.00 .00 43.68 .r~~ R. Thomas Kline me this day of 03/03/2006 PHELAN HALLINAN SCHMIEG ~i ' &// Deputy erlff Sworn and Subscribed to before A.D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION WILLIAM A. DILLEN, II NO. 05-3655-CIVIL TERM Defendant(s). 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 WILLIAM A. DILLEN, II on MAY 10, 2006 at 708 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 in accordance with the Order of Court dated SEPTEMBER 26, 2005. 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 & SCHMIEG, LLP , ESQUIRE By: Dated: July 28, 2006 1loWl .RJ. '11M mo a, 1 I I TO: \ -.>-',., - WILLIAM A. DILLEN, I( 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 SENDER: REFERENCE: TEAMS LLD 0306148627 PS Fann 3SOO Juno 2000 RElURN ~ RECEIPT CortilIod".. SEIMCE Rotum I\OCOlpt ".. - TotoI~&_ US Postal Service Reeeiptfor Certified Mail No Ir\8OOll108 Coverage ProYided Do Not Use lor IrrtemaUonal MIll --..-----------.. __.nT ~. ~ ~T ~F~" rrt ~.." .".....- ~. - ..~",l.~~ , ~li' ~'3c!lZ~(l",,(l(l(l ,\:~\~t;r" S.$ ,.\~~~(l. \~~l - ',' , "......i' \' . ~~ ,.,,-, .... '" l"",\ <. g.f t i,~ ~ ~ \ \\ % \ \ ~~ \~ t~ ~~ ~ 8 on ~ ~ ifJ to ll"\ a "e. ~<2~~~ 8 8 H~n \ \ ~~~e'5 ~ ~ ;l\H~ ~ ~ ,~u~% 'i'i% ~~~,~~ ~ ~~ 8 ~ ~ ~ ~ ~ ~ ~ ~o'@.~:S:!.~ t;~ ~~~~%~~-~~ llP~~~o~H~ 1~~~~~~~~~1+ n\ ~,\\\\\\ t~~'5~lf,,,,,,,,,,'jt:; ",~~u""o"';lii";"'~ \~~~;~5~j~'& !H'U%~~~P i88~n~%%%~ '3 ~ ~ it \>;< ~ . g~ Po; ... .... -~ ..i\, .~~ ~ ~ J\~ z:t lS :<a"J ..;-< l;td.~ ~~~~ :r. ~ Ii. ." ~~-%\ .... p.. ~ $I ~~~-.a p..o....p.., \ ~ Gl U 1:. 4. .., ~ ~ ..~C1 ~:a~ -~ ~ .... <'l '" ... on ':,. ..... JH 1 :l6.~! ~S.\'li 'a.g 1- \~ '~ j~H fh l\\r ~g\ \\ \ \'~ e\'a.\ ~ _~\'\l hS ".' ~ - ~ %! hat \l"'~'; \\~~ ' 'ii~\il' \ \\; <e:\ s. 'a.:% ~\~~l ~bh. i"O~is i~l-l ~~.~~ _PI!.$. ~ ~lg~ /!.~i'Q," .~ 1 '0 l l ",\1 ~." ....e.~ . '," 'f oOa-.~~~~-- ! "OJ> n ';< 11 . Jl~C MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW WILLIAM A. DILLEN, II, : Defendant NO. 05-3655 CIVIL TERM ORDER OF COURT AND NOW, this 26tl1 day of September, 2005, upon consideration of Plaintiffs Motion for Service Pursuant To Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendant by (I) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 708 Allenview Drive, Mechanicsburg, PA 17055, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 708 Allenview Drive, Mechanicsburg, P A 17055, PAPERS subsequent to original process may be served by regular mail to the said last known address. BY THE COURT, Daniel G, Schmieg, Esq. PIe Penn Center at Suburban Station /' 1617John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff :rc ,.;;;-" .3 '- , ~ -~" ., PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No, 69849 One Penn Center, Suite 1400 1617 JohnF. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, 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 July 19, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 11,2006 in the amount of$107,793.85. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 708 Allenview Drive, Mechanicsburg, PA 17055 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 05-08584 on October 14,2005. Plaintiff obtained relief from automatic stay by order of court dated January 31, 2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. . , 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $19.94 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $97,357.98 11,967.00 152.08 2,775.00 2,508.55 0.00 982.40 0.00 586.40 0.00 0.00 4.659.47 TOTAL $120,988.88 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 Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:~ By: Michele M. Bradford, E Attorney for Plaintiff . . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant 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. Plaintiff's Note was secured by a Mortgage on the Property located at 708 Allenview Drive, Mechanicsburg, PA 17055. The Mortgage indicates that in the event 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's 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 Defendant credit for monthly payments tendered through bankruptcy, if any. . . n. INTEREST The Mortgage clearly requires that the Defendant 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. m. 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. IV. ATTORNEY'S 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). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. . . Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. 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 9 191. 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 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 ajudgment 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 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 Defendant 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 ajudgment to conform to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's 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 mortgagor is 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 has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust tinanciallosses on this loan. VI. 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. DATE:~2f~ Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esqu' e Attorney for Plaintiff By: Exhibit "A" COURT OF COMMON PLEAS CNIL DNISION TERM NO. O!; - JLss c/~l---T'tJL"'1 CUMBERLAND COUNTY '~ '; .,'-.. : :'j, PHELAN HALtINAN& SCHMIEG; LLP LAWRENCE T. PHELAN, ESQ., Id.No. 32227 FRANCIS S. HALLINAN, ESQ.,ld. No, 62695 . ONE PENN CENTER PLAZA, SUITE 1400 PHn.ADELPHIA, P A ) 9) 03 (2,15) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRlSE ROAD SUITE 150 HORSHAM, P A ) 9044-0969 ()-"\... <:I."" (.. L ATTORNEY FOR PLAINTIFF Plaintiff v. willIAM A. DILLEN, n. 708 ALLENVIEW DRIVE MECHANICSBURG, PA ) 7055 o ~ c = s:: en -u ro e...- m r~-i c::: Zx! r- 2r-- ~~ \0 ~CJ ~O ?E -6 >c 0 z -- You have been sued in court, If you wish to defend against the claims set forth in the i~ho~ 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 obj~ions 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 onelief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOUlD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER. 00 TO OR TELEPHONE TIJEomCE SEI' FORlH BEWW. lHlS OmCE CAN PROVIDE YOU . -wrm INFORMATION ABOUT HIRING A ~WYER. . IF YOU CANNOT AFFORD TO IllRE A LAWYER, lHlS OFFICE MAYBE ABLE TO PROVIDE YOU WITIlINFORMA nON ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Defendants CIVIL ACI10N- LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE Lawyer RefemtJ Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 ~. . ~~IJJ.fAAI . '1, 1011/1/,'. ~tvo P'fEJJSFf FJL~ ~O,.fl~ RerUFlNPY ~e hereb Within t()bY~ the C~rrect co e a tme ana onginal m PY of the FEDEmJd of record NAND PHELAN o " -t m:o -0 hi , ~6 :r=t; 2@ ~ ~ \ . " IF TIllS lS TIlE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THlS OFFICE, BE ADVlSED TIlA T: 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 RECEIYT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITII WRlITEN VERIFICATION THEREOF; OTIlERWISE, 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 ACfION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF TIJA T 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 ANDADDRESS OF THE ORIGINAL CREDITOR WITHIN THE'THIRTY (30) DAY PERIOD: THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LA W REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTIlERWJSE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGA nONS IN THIS SUIT. .IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, TIllS IS NOT AN ATTEMYT TO COLLECT . A DEBT. ITIS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. " ] . Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRlSE ROAD SUITE ] 50 HORSHAM, PA ]9044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM A. DILLEN, n. 708 ALLENVIEW DRIVE MECHANlCSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07131/1998 mortgagor(s) WILLIAM A. DILLEN, II. & BECKY M. SULLIV AN- DILLEN made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder ofCUMBERLANDCOWlty, in Mortgage Book: 1473, Page: 443. By Assignment of Mortgage recorded OS/25/99 the mortgage was Assigned To PLAlNTIFF which Assignment is recorded in Assignment Of MOrtgage Book No. 6]3, Page 1061. 4. The premises subject to said mortgage is described as attached. 5. 1be mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/0 I /2005 and each month thereafter are due and Wlpaid, 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. -!' .\ ", 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0112005 through 07/18/2005 (PeT Diem $19.67) Attorney's Fees Cumulative Late Charges 07/31/1998 to 07/1812005 Cost of Suit and Title Search Subtotal $97,357.98 3,304.56 1,250.00 114.06 $ 550.00 $ 102,576.60 Escrow Credit Deficit Subtotal - 585.40 0.00 $- 585.40 TOTAL $ 101,991.20 7. The attorney's fees set forth above are in conformity with the mortgage docwnents and Peoosylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. )f the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. ]0. Plaintiff hereby releases BECKY M. SULLIVAN- DilLEN, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rgn Judgment against the Defendant(s) in the sum of $ .1 OJ,99J .20, together with inteTest from 07/18/2005 at the rate of$J 9.67 per diem to the date of . Judgment, and other costs and charges collectible under the mortgage and for the foretlosure and sale of . the mortgaged property. p~.. AN&SCHMJ~W.. " ... . "S~ By: 1s/FranciS- S. HaJJma:. LAWRENCE T. PHELAN, ESQUIRE. FRANCIS S. HALUNAN, ESQUlRE Attorneys for Plaintiff \' .. LEGAL DESCRIPTION .Ai.L TIlA T CERTAIN piece or p3rcelof land situate in Upper Allen Township. Cumberland County. Pennsylvania. more particularly bounded and described in accordance with a Plan by Rogers and Frederick, dated July 4. 1981. with revisions through and including Sept 8, 1982, as follows, to wit: ALL that land in Stage 1Il, Section B. Townhouse Plot No. I -E. being described more particularly on said Plan and recorded in Plan Book 42. Page 69, and being described on said Plan as Lot No. I-E. BEING known and numbered as 708 AlJenview Drive. Mechanicsburg. Pennsylvania, PA 17055. UNDER AND SUBJECf to the Declaration of Covenants and Restrictions, dated September 8. 1982 and Recorded September 22. 1982 in the Cumberland County Recorder of Deeds Office in Misc. Book 280. Page 8 1_ ALSO UNDER AND SUBJECf to any and all covenants. conditions. restrictions. rights of way. easements and agreements of record. BEING TIlE SAME PREMISES which Kathy A Wright, by her deed dated the 31st of July 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 182. Page 982, granted and conveyed unto William A. Dillen. n. and Becky M. DiUen. his wife. grantors herein. File.: 119476 -, \ 'it VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this VerificatioD, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, infonrlation and belief.iJfheundersigned understands that this statement is made subject to the penalties of 18 Pa. c.s. Sec. 4904 relating to unsworn falsification to authorities. ./' /' // / DATE: 5jl&5 , .-".,:. " ", Exhibit "B" ": .." :.:.' i I I 1 I PHELAN HAlLINAN '" SCHMIEG, LL.P. By: DANIEL G. SCHMIEG Idcatifie.tion No. 61105 Alto...e)' for Plah,Ufr ONE PENN CENTER AT SUBUIUJAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1410 PHILADELPHIA, PA 19103-1814 {lis} SUo 7tH GMAC MORTGAGE CORPORATION SOl ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. os.36SS . (") ~ 0 c g; "'f1 .\ ' .... , 1)f$ ~ :;!:D " I 'I '.'-'II'..rv'IT' ~ i'ii~ . . ..-, -..v;: r t= -fi - . 'P~~:>i: Ii. :GOEt, ~ <: AN ,~'--n 3'-c: ~") ~5 ~2 - gm PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ~ ,; ~ ANSWER AND ASSESSMENT OF DAMAGES (..) WILLIAM A. DILLEN, II Derendant(s). TO TIJE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM A. DILLEN. I!, Defendant(s) for failure to file an Answer to Plaintift's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintift's damages as follows: As set forth in Complaint Interest from 7/19/05 to 5/9/06 TOTAL $101,991.20 $5,802.65 $107,793.85 I hereby certify that (I) the addresses of the Plaintiff and Def~t(s) ale as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTORNEY FfLE COPY PlEA~E RETURN DANIEL G. SCHMIEG, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: fYl~y II, ;tOOb P-t\S~ ll941(p .. ., Exhibit "c" \ " IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: William A. Dillen, II a/k/a Bill Dillen Bk. No. 1 05-bk-08584 MDF Debtor Chapter No. 13 ~ Mortgage Corporation Movant 11 U.S.C. S362 v. William A. Dillen, II a/k/a Bill Dillen Respondent ORDER MODIFYING S362 AUTOMATIC STAY Upon consideration of Motion of ~ Mortgage Corporation (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. ~362 is modified with respect to premises 708 Allenview Drive, Mechanicsburg, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a) (3) is not applicable and ~ Mortgage Corporation may immediately enforce and implement this Order granting relief from the automatic stay. By the COlU1, ~~6t~ . · ... ... .1\IlIp (JI\) This electronic order is signed andfiled on the same date. Dated: January 31,2006 \ .. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DA1E:-* Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff By: ~ . . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant 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 individual on the date indicated below. William A. Dillen, II 708 Allenview Drive Mechanicsburg, PA 17055 William A. Dillen, II 308 Adelia, 2nd Floor Middletown, P A 17057 William A. Dillen, II 5022 East Trimlale Road, #B6 Mechanicsburg, P A 17055 DATE: Phelan Hallinan g,LLP By: Michele M. Bradford, Esqui e Attorney for Plaintiff I, . () ~. ......:> =.> = 0" > (-'. G; N (J1 o -n -t :r: m;!! -om :0 CJ ,__ r ~J ~f~ ~;;2 ~'S c"5 m ,--I ?U -< > ~ ......,:::. C) ~ '" ... , , GMAC MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW WILLIAM A. DILLEN, II : NO. 05-3655 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2006, upon consideration of Plaintiff's Motion To Reassess Damages, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. Michele M. Bradford, Esq. One Penn Center ..A"1i17 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff $imam A. Dillen, II \ 708 Allenview Drive Mechanicsburg, PA 17055 Defendant, pro Se ~l1iam A. Dillen, II 5022 East Trindle Road #B6 Mechanicsburg, PA 17055 Defendant, pro Se ^ BY THE COURT, w J. esley Oler, ~/D\P ~:~ o .# . . ,. , I I I I j I I ~ J -, I , ViNv/\lX:;i\Ji'.f3d i "In ~ ,- co, -, ,v-'''n'"' I\JJ'\!~ ',r' ,..,<:' ,'-I,):,:" 'wi '1 C :01 Wit Of: :Jnv 9002 I AtI\ILONOHlOUd 3Hl :10 j81~:IO.031':l .\,. ( . , VV"illiam A. Dillen, II 308 Adelia, 2nd Floor Middletown, PA 17057 Defendant, pro Se :rc '. . SALE DATE: SEPTEMBER 6. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 05-3655 vs. WILLIAM A. DILLEN II AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the fol1owing information concerning the real property located at: 708 ALLENVIEW DRIVE. MECHANICSBURG. P A 17055. As required by Pa, R.C.P. 3129,2(a) Notice of Sale has been given 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 attached Affidavit No.2 (previously filed) and Amended Affidavit No, 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice, D=~~~ Attorney for Plaintiff September I, 2006 . , GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WILLIAM A. DILLEN, II CIVIL DIVISION Defendant(s). NO. 05-3655 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 was filed the following information concerning the real property located at .708 ALLENVIEW DRIVE. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM A. DILLEN, II 708 ALLENVIEW DRIVE MECHANICSBURG, P A 17055 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) None > , 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) BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS TRUSTEE OF MELLON eRA MORTGAGE LOAN TRUST 1998-A 3 PARK PLAZA, SUITE 1800 IRVINE, CA 92614 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR COUNTRYWIDE HOME LOANS G4318 MILLER ROAD FLINT, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. , AS NOMINEE FOR COUNTRYWIDE HOME LOANS 1800 TAPO CANYON ROAD, SV.79 SIMI VALLEY, CA 93063 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 708 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities, May 9. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff . .. DATE: ~/,olv& GMAC MORTGAGE CORPORATION vs. WILLIAM A. DILLEN, II TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): WILLIAM A. DILLEN, II PROPERTY: 708 ALLENVIEW DRIVE MECHANICSBURG, P A 17055 Improvements: Residential dwelling Judgment Amount: $107,793.85 CUMBERLAND COUNTY NO. 05-3655 The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on SEPTEMBER 6, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A at 10:00 a.m., Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests, If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN A ITORNEY, as we are not permitted to give you legal advice, The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. - -=. gt~ \t r ,... - .... ,... ,... -' '" '" ... '" to> ,... $' w~l ,... '" 00 " '" ... '" to> - 0 ~~~ 't. P \ ~ ~ ",K ~a, '" \ % c: :I i ~ ~ \ t >Q-o>Q U ~ - ~ 0 ~ '" '" ~ n S;e:g~ 8 t; \\ ~ ",-'>Qt" ~ - ~ ~'t. "' .. ~ So \~g~ ;\ ~ ~ 0 ~ 0 ~ 'a to ~ ~ ~ .. 0 \ F:ng~ %So ~ '" t;; ttl ~ ~ ?> 8 ~ n it,t ?> 'fl " 'fl 0 ~ >Q~i gll :2- ~ ~ t ?>,,~r ~ ~ 'r\ ~ ;= c 7O~~Z t: 'l 8 '"" ~ ~ ~ ~ ~ ';:l l o~'t~ ~ ~ ~ ~ z. ~ ~ ." Z - . .. '" <:r ~ ~ n ~ ~ :F . ~ .;;~\~ :::l (') -' '"" '" % % -' ~ ~ ~ 0 ,.-_ rJJ ~ ~ 0 f ...~ \ ~ 00 ~ ~ ~ ~ ~ ~ %~ ~ t{ 2 '" ~ ~ ~ ~ ~ t p.. ~. '" ~ ~ ~ i '" ",g 0 ~ (') <. 1!' ~ - :>> ~ ~ ~ ~c: . .. <. '6 ~ ~ ~ 2~ \' a ~ Z. Z t;\ ;; ~ ~ ~ '.e. ~ 1'\- t'" ~ :;: % ~J;> "0 ~ <:> . ~ ~ rJ> Z % <:> S1. ~ 'I" ~ '"" \ ~ " (') ~ \ ~, :>> !I' !I' ~ ';i\ ~. ~ f; :z ~ ~ ~ r ~ \' ~ . .. ~ ~ ~ - ~ ~ ~ '" F- iil~i z '5 '" ~ z \ ~ ,... () ~ 0 '%i~H ~ ~ g ~ ~ '"' ~ ~.. ~ ~ ';lO ~nl\ '" ." ~ ." ." S .P ~ ~% ~~ ~ ~ z '"" .~\g\ So '"" ?> 2 8 8 ~ 1- Mj -' ~ - 0 ;:l _ ~ Il .... -' H '9..' ~ \ -' 0 C:l ~",& ~\ ~ 0 '" ~ ~ \ '" V' .\~.. . ~ '" m So ~r ~ s.' ~ 0 < ~g 'g ~ '" :-l S t;. ~!:: tn tn \ ~ ~li\\ ~ 'cl S -~r ~ ~ . g 'P "",. i S S ~ "a ~ ~ e: '€f sn nt' ~ ~ ~ Mj rJ> rJ> .P 1- ,''<!t - '"" - ~'\ .. $ -' .. 1- 0 ~ " ?- ,... .... .. -' '" - r I!- 0 \. '" "'H 1~~" .h~ {,.... ,,,', ".' \tH ~ l'OSl:., . ~, ",-. \H ., 1!tIlIA-- ~ 5. .' g (~~~,:.r~ < '2 ~e' l~t . ()1.. '\!>>o "\~ 02 ~)>. $ '1"'02006 (\, "8.:2' t ,l 0004009S2'5 -n":'r:fJOE. \ \l~ O~ ~ t'l% ?' ~j>.\\.E.O fll.O~ .. ~ ~ I - '" c ::,.:rf ..... = = CT' <." ,., " I Ul -0 3 R, ~~ :gO OJ.. ---IU :;-~~; Orn ~ -< ~ &"' -.l ... PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc" by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: J, That it is The Plaintiff in this action. 2. A Rule was entered by the Court on August 29, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted, A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on August 29, 2006 by the Prothonotary in accordance with the applicable rules of civil procedure, 4, Respondents failed to respond or otherwise plead by the Rule Returnable date of Fifteen (15) days after service. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP or Michele M, Bradford, Es u' Attorney for Plaintiff Date w PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 24, 2006. A Rule was entered by the Court on August 29,2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 29, 2006 by the Prothonotary in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of Fifteen (15) days after service upon the Defendant. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. CHMIEG, LLP Co Michele M. Bradford, Attorney for Plaintiff I Exhibit "A" /' ..~ ~- GMAC MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WILLIAM A. DILLEN, II : NO. 05-3655 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2006, upon consideration of Plaintiffs Motion To Reassess Damages, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. BY THE COURT, 1. Michele M. Bradford, Esq. ~n Penn Center 17 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff William A. Dillen, II 708 AUenview Drive Mechanicsburg, PA 17055 Defendant, pro Se William A. Dillen, II 5022 East Trindle Road #B6 Mechanicsburg, P A 17055 Defendant, pro Se .. William A. Dillen, II 308 Adelia, 2nd Floor Middletown, P A 17057 Defendant, pro Se :rc VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. Date Michele M. Bradfo Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: William A. Dillen, II 708 Allenview Drive Mechanicsburg, PA 17055 William A. Dillen, II 308 Adelia, 2nd Floor Middletown, P A 17057 William A. Dillen, II 5022 East Trindale Road, #B6 Mechanicsburg, P A 17055 Date"~ ~re Attorney for Plaintiff o ~ -".. -ct i~~! rr-, ~'l j ;~~ >~-' Cr': ,)> -< ~. .::~;;-~ '. fi::;.\ ..... t. ~ ~ <:;::) <:;::) c:T' (/) rr1 -0 N N -0 :x W .. ~ ~:D 13fil ('-'6 --tor :S..,.i ~...o ..-::s-m ~ ~ .. PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 GMAC Mortgage Corporation SEP 2 5 2006 Attorney for Plairtiit\' :c1'-~:..:- -= --, Court of Common Pleas Plaintiff Civil Division vs. Cumberland County William A. Dillen, II No. 05-3655 Defendant ORDER AND NOW, this 3 t J day of 0(.. f ~ , 2006, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $19.94 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc, Credits Escrow Deficit $97,357.98 11,967.00 ]52.08 2,775.00 2,508.55 0,00 982.40 0.00 586.40 0.00 0.00 4,659.47 TOTAL $120,988.88 Plus interest through the date of sale at six percent per annum, Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure, J. 0'f 0/0 Y 119476 ;y J - J \/1 r\J\~/\~lA~) .!\i r~ '.3ej I I ~Inr'!" t''', :~':-;:~"nl"'\ I,-u .~I ~'.".', ' ,,; ~:'+;r~( V I 8 : II WJ iJ- IJO 9002 A' 8\.110'\ I."\' I' ,-" I I :/f-'l :10 v, ~\J'.....W1LUdO-" 381::LjO-.03l1::l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sherif:fs Deed in which GMAC Mtg Corp is the grantee the same having been sold to said grantee on the 8th day of No v A.D., 2006, under and by virtue of a writ Execution issued on the 11 th day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3655, at the suit ofGMAC Mtg Corp against William A Dillen II is duly recorded in Deed Book No. 277, Page 4137. IN TESTIMONY WHEREOF, I h~ereunto set my hand and seal of said office this!j day of corder of Deeds . ,:,UillU8nand County, CIdIIe. PA &pm Ole Fht t.IalIcIerclJID.IDtO . , GMAC Mortgage Corporation VS William A. Dillen, II In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3655 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, notice of the action to the within named defendant, to wit: William A. Dillen, II at his last known address of708 Allenview Drive, Mechanicsburg, PA 17055. This letter was mailed on June 01, 2006. The letter was received by William Dillen on June 03, 2006 and the return receipt card was signed by William Dillen. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 10:36 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William A. Dillen, II located at 708 Allenview Drive, Mechanicsburg, P A 17055 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William A. Dillen, II, by regular mail to his last known address of 708 Allenview Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of June 26, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on November 08, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Road, Suite 150, Horsham, PA 19044-0969, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$929.65. Sheriffs Costs: Docketing 30.00 Poundage 18.22 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.68 Certified Mail 4.64 . . Postpone Sale Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed ~~~ ~ . R. Thomas Kline, Sheriff Bye 'tr1ti~ Real Estat ergeant 20.00 15.00 20.00 359.00 297.80 19.31 25.00 39.50 $ 929.65 ..I ~ /~/ol-I/O~ ~ c~ jD'OO I'~ Ck. 5' t </99 ~. f J>c, ; ~' L GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS WILLIAM A. DILLEN, II CIVIL DIVISION Defendant(s ). NO. 05-3655 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 .708 ALLENVIEW DRIVE, MECHANICSBURG, P A 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM A. DILLEN, II 708 ALLENVIEW DRIVE MECHANICSBURG, P A 17055 2. Name and address of Defendant(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) None .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) BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A 3 PARK PLAZA, SUITE 1800 IRVINE, CA 92614 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR COUNTRYWIDE HOME LOANS G4318 MILLER ROAD FLINT, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR COUNTRYWIDE HOME LOANS 1800 TAPO CANYON ROAD, SV-79 SIMI VALLEY, CA 93063 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 708 ALLENVlEW DRIVE MECHANICSBURG, P A 17055 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, ,J)a rftlil 11. hCM~O DANIEL G. SCHMIEG, ESQUIRE 1 Attorney for Plaintiff ' May 9, 2006 DATE 511 :b V b I AVr~ qOOZ ')\ 1, ~ I '. \) '",; l ,j 'i (j ~'j 8~,cJ 1"1 J .:L:Jltl3HS ::lHl .:10 3JI.:J.:lO ~ .~.-- GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-3655 WILLIAM A. DILLEN, II Defendant(s). May 9, 2006 TO: WILLIAM A. DILLEN, II 708 ALLENVIEW DRIVE MECHANICSBURG, P A 17055 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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, 708 ALLENVIEW DRIVE. MECHANICSBURG, PA 17055. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $107,793.85 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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 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 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 LA WYER 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 . .' LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick, dated July 4, 1981, with revisions through and including Sept 8, 1982, as follows, to wit: ALL that land in Stage III, Section B, Townhouse Plot No. I-E, being described more particularly on said Plan and recorded in Plan Book 42, Page 69, and being described on said Plan as Lot No. I-E. BEING known and numbered as 708 Allenview Drive, Mechanicsburg, Pennsylvania, P A 17055. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions, dated September 8, 1982 and Recorded September 22, 1982 in the Cumberland County Recorder of Deeds Office in Misc. Book 280, Page 81. ALSO UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record. BEING THE SAME PREMISES which Kathy A. Wright, by her deed dated the 31 st of July 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 182, Page 982, granted and conveyed unto William A. Dillen, II, and Becky M. Dillen, his wife, grantors herein. TITLE TO SAID PREMISES IS VESTED IN William A. Dillen, II, by Deed from William A. Dillen, II and Becky M. Dillen, his wife dated 4-28-00, recorded 10-16-00 in Deed Book 231, page 363. BEING PARCEL # 42-28-2423-271 PROPERTY BEING: 708 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 . .' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-3655 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM A. DILLEN, II (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 gamishee(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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,793.85 L.L. $.50 Interest FROM 5/9/06 TO 9/6/06 (PER DIEM - $17.72) - $2,126.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $241.20 Plaintiff Paid Date: MAY 11, 2006 Other Costs C~lS R. LON~ (Seal) Prothonotary 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 Real Estate Sale # 47 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 708 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. i:J 4- (J Date: May 31, 2006 By: "J ui.~ <Swti~L~ Real Estate Sergeant S f1 :b "V b I A VW qOOl \/d ')~ 1f; i >1 CJ t.) L: n'i ~f ~i Ej ~,,1 !.~! J .:I.:J1~3HS 3H.i _-.iO jJ'UlO 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 21, July 28, and August 4,2006 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. REAL ESTATE SALE NO. 47 Writ No. 2005-3655 Civil GMAC Mortgage Corporation vs. William A. Dillen, II Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County Pennsylvania, more particularl; bounded and described in accor- dance with a Plan by Rogers and Frederick, dated July 4, 1981, with revisions through and including Sept 8, 1982, as follows, to Wit: ALL that land in Stage III, Sec- tion B, Townhouse Plot No. l-E, beinll deserihpn mnrp n~rli,...nl!:l1rhT SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 ~~~~,q~~~ ; NOT.n-RIi\L SEAL I 1 !)it~ C, SNYDEfi, Notary Public ~ !, ,CFiIS!e Br)f() , Cumberland County I , ')'/ Mil'ch 5, 200Q ! "," '^"""",'n"c<"",,,,~,,,,,,,,.,,,,~_."..:.,,~~;j~~'''~~/o."fi''''''':''''''''.F'"' .I' ...... 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. 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 S ALE #47 ~ iluom ~ ~sofoN m ~o =~ ~~M. I REAL ESTATE SALE NO. 47 Writ No. 2005-3655 CIVIl Term GMAC Mortgage CorporatIon Va William A. Dillen, II AUy: Daniel Schmieg DESCRIPTION , All.. TIIAT ~piece or pan:el of land situate in Upper. en TOW11Ship, Cumberland County, Pennsyl more particularly bounded and described in ace with a Plan by Rogers \ and Frederick, dated July 4, 1981, with revisions tbrougb and including Sept, 8, 1982, as follows,lo wit: All.. that land in Stage m. Section B, '\-Ownboose P\ot No. I-B, being described more particularly 00 said Plan and recorded in Plan Book 42, Page 69, and being described 00 said Plan as Lot No. l-E. Being known and numbered as 708 AIlenview Drive. Meehan;,_<"''''' CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013