Loading...
HomeMy WebLinkAbout06-2914PHELAN 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 121260 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No. ©6- 29lc f i v LIL'-? CUMBERLAND COUNTY 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 121260 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 121260 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/06/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FAIRFIELD FINANCIAL MORTGAGE GROUP, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1719, Page: 50. By Assignment of Mortgage recorded 08/08/2001 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 680, Page 301. Said Assignment of Mortgage was re-recorded on 11/19/2001 in Assignment of Mortgage Book No. 682, Page 2138. 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 12/01/2005 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. File p. 121260 The following amounts are due on the mortgage: Principal Balance $144,385.96 Interest 5,412.80 11/01/2005 through 05/18/2006 (Per Diem $27.20) Attorney's Fees 1,250.00 Cumulative Late Charges 200.51 06/06/2001 to 05/18/2006 Cost of Suit and Title Search 550.00 Subtotal $ 151,799.27 Escrow Credit -293.95 Deficit 0.00 Subtotal 293.95 TOTAL $ 151,505.32 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or hasihave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 151,505.32, together with interest from 05/18/2006 at the rate of $27.20 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 HAI AN & SCHMIEG, LLP By: s Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 121260 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty- nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page. 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PROPERTY BEING: 26 WINDY HILL ROAD File H: 121260 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ? 11c, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: f) I 1$ 0 c-b tv-) ? ; (?} (?, V i ? ro ^O F? ^? V U N .r C.r'. ONZ ?^- co PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). CIVIL DIVISION NO. 06-2914 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID L. JOHNSON and MARY T. JOHNSON A/K/A MARY THERESE JOHNSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/19/06 to 7/8/06 TOTAL $151,505.32 $1,387.20 $152,892.52 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DA G. ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.. DATE: . aE /6? Cl?k?`i r PRO PROT 121260 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). CIVIL DIVISION NO. 06-2914 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY If you have any questions concerning this matter, please contact: D G. S G, ESQUIRE Attorney 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.'" ,;HELAN HALLINAN AND SCHMIEG 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 GMAC MORTGAGE CORPORATION Plaintiff Vs. DAVID L. JOHNSON MARY T. JOHNSON AWA MARY THERESE JOHNSON Defendants TO: DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 DATE OF NOTICE: -TUNE 16.2006 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-2914 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THIS INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 i FRANCIS S. HALLINAN, ESQUIRE AttoN eys for Plaintiff PHELAN HALLINAN AND SCHMIEG By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 561 7000 215 ( - ) GMAC MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DAVID L. JOHNSON MARY T. JOHNSON :NO. 06-2914 A/K/A MARY THERESE JOHNSON Defendants TO: MARY T. JOHNSON FILE COPY A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 DATE OF NOTICE: JUNE 16- 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 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 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVH, DIVISION NO. 06-2914 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID L. JOHNSON is over 18 years of age and resides at, 26 WINDY HILL ROAD, NEWVILLE, PA 17241. (c) that defendant MARY T. JOHNSON A/K/A MARY THERESE JOHNSON is over 18 years of age, and resides at, 26 WINDY HILL ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DAKrL G. , ESQUIRE Attorney for laintiff r c- p? ?.. 1 e c• •- C? 0 `?... ?i s ;i ice, -q k: a .,: i GMAC MORTGAGE CORPORATION Plaintiff, V. No. 06-2914 DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/8/06 to DECEMBER 6, 2006 (per diem -$25.13) TOTAL $152,892.52 $3,794.63 and Costs $156,687.15 DANIEL G. SgESW, ESQUIRE One Penn Center at S4burban Station 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 plaintiff. It may not be sold in the abs the plaintiff at the Sheriff's Sale. The at the direction of the ence of a representativ stayed in the event that a representative present at the sale. sale must be postponed or of the plaintiff is not 121260 } 0 x 0 o? c y? O ?t oW o ?? U O O? 0 OG A O w W .s v o ? N W w to 0 a U a a? .y as ? c ? A N a ?? 6 ? a v N d 'w DESCRIPTION r ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern comer of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. I on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in comer of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PARCEL IDENTIFICATION NO: 30-08-0593-002B Control #: 30000101 TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7- 12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEW VILLE, PA 17241 ?g F? coo ? ??8 Jc t . ?1 .01 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2914 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation Plaintiff (s) From David L. Johnson Mary T. Johnson a/k/a Mary Therese Johnson (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 gamishee(s) that: (a) an attachment has been issued; (b) the 0arnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering O y property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment i found in the possession of anyone other than a named garnishee, you are directed to notify him/her t he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152,892.52 L.L.$.50 Interest from 7/8/06 to December 6, 2006 (per diem - $25.13) $3,794.63 Atty's Comm % Arty Paid $137.44 Due Prothy $1.00 Other Costs Plaintiff Paid Date: July 11, 2006 (Seal) CURTIS R. LONG Prothonotary By: 7r 0 O?P?AJ:-7 Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE NO. 06-2914 JOHNSON Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D L G. iEAEG, ESQUIRE Attorney for Plaintiff r.? =tt (...: :,_ -. ?`n r ? - . - ' ' ?. . _ ,: . -:?.:. LJ •• C:.7 Lr v'? GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2914 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,26 WINDY HILL ROAD, NEWVILLE. PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 MARY T. JOHNSON A/K/A MARY 26 WINDY HILL. ROAD THERESE JOHNSON NEWVILLE, PA 17241 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) CITIBANK, N.A. 701 EAST 60TH SIOUX FALLS MET NORTH 57104-0432 BANK OF AMERICA N.A. 4161 PIEDMO? PARKWAY GREENSBOR NC 27410 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRSTAR BANI{,N.A. 205 WEST 4TH'STREET CINCINNATI, OH 45202 5. Name and address of every other person who has any record lied on the property: Name Last Known Address (if address cannot be reasonably ascerdained, 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 Addlress (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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 26 WINDY HILT:, ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 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 unswom falsification to authorities. July 7, 2006 DATE DANIEL G. SCBIMEG, ESQUIRE Attorney for Plaint ff ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in comer of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page 70 The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PARCEL IDENTIFICATION NO: 30-08-0593-002B Control #: 30000101 TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7- 12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 a..? ,: { .-i f ,t 1, ' -r? _ CA :{ l6' V GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). TO: DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 July 7,'2006 CUMBERLAND COUNTY No. 06.2914 MAR T. JOHNSON A/K/A MARY THE WI SE JOHNSON 26 DY HILL ROAD NE LLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLEC A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIM)SLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT ANO SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY.' Your house (real estate) at 26 WINDY HILL ROAD WVILLE PA 17241, is scheduled to be sold at the Sheriff s Sale on DECEMBER 6, 2006 at 10:00 a lm. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $152,892.52 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 RIGMTS 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 mortgagjee 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. v 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.) 1. If the Sheriffs Sale is not stopped, your property will be gold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sherit 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 of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AF 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 She f 's Sale. The sale must be postponed or stayed in the event that a representative of they 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern comer of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. I on the aforementioned $ubdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a feribe post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PARCEL IDENTIFICATION NO: 30-08-0593-002B Control #: 30000101 TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7- 12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 ,_, ?w - y; ,' .? ?: ;_. ,; - -, i. ? ?- -. ? -- AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION .(S) DAVID L. JOHNSON DEFENDANT MARY T. JOHNSON AIWA MARY THERESEJOHNSON SERVE DAVID L. JOHNSON AT 26 WINDY HILL ROAD NEWN LLE, PA 17241 CUMBERLAND COUNTY No. 06-2414 ACCT. #0600146439 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 ?- SERVED Served and made known to IJ (tV t L . c! p ltit S o r1 _ Defendant, on the Z day of 'J ? Y , 200(, at 8.o s.o'clock/-.m.,at ZG W11?ldY A!// L4. Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age!0-r,Y- Height s)4tt Weight e10 Race W Sex,-!O Other I, h au d Q o 6 e?¢ S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and -Br Davo f .? 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRIDA E. HARRIS NOT SERVED k1sion ?itesday of 6' 2008 200. at o'clock _.m., Defendant NOT FOUND because: -Moved -Unknown _ No Answer Vacant Vt Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Daniel G. Schadeg, Esquire - I.D. No. 62205 C? o p 4 vrz oY z* cn nim GJ C7 fV ? AFFIDAVIT OF SERVICE . CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION / No. 06-2914 DEFENDANT(S) DAVID L. JOHNSON • MARY T. JOHNSON A/K/A MARY ACCT. #0600146439 THEIZESE JOHNSON Type of Action SERVE MARY T. JOHNSON A/K!A MARY THERESE JOHNSON -Notice of Sheriffs Sale AT 26 WINDY HII I ROAD Sale Date: DECEMBER 6, 2006 NEWVILLE, PA 17241 SERVED Serve//d and made known to /O Or y 1. ?O \ n S or\ , Defendant, on the Z O day of y ,200tpat S.GS ,o'clock -fm.,at Z(a W `ndY 14, (t Rd , Commonwealth of Pennsylvania, in the manner described below: 'Iefendant personally served. / L J V Adult family member with whom Defendant(s) reside(s). Name and Relationship is LY Gt s O A C: Adult in charge of Defendant(s)'s residence who refined to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age yr-$ T- Height E1cl" Weight 2 t'd Race W Sex 44 Other I, N Q V M K o b ei,*S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. and By: D LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. \ciary ruoiic State of mew Jersey NOT SERVED PATRICIA E. HARRIS G Dn- f16, goe, 200_at _ omftl V_ Moved Unknown _ No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 o'clock _.m., Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: O C ro O TJ D . c? w ^' -c Jrri N ? < l17 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGEA CORPORATION VS JOHNSON DAVID L ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON DAVID L the DEFENDANT , at 1700:00 HOURS, on the 26th day of May 2006 at 26 WINDY HILL ROAD NEWVILLE, PA 17241 by handing to ANGELA WATTS, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 11.44 4 .00 10.00 R. Thomas Kline .00 39.44/ 05/30/2006 PHELAN HALLINAN SCHMIEG By: day Deputy Sheriff A. D. CASE NO: 2006-02914 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGEA CORPORATION VS JOHNSON DAVID L ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON MARY T AKA MARY THERESE JOHNSON the DEFENDANT , at 1700:00 HOURS, on the 26th day of May , 2006 at 26 WINDY HILL ROAD NEWVILLE, PA 17241 by handing to ANGELA WATTS, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 05/30/2006 17,12-01-- PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: Z?l - before me this day `Deputy Sheriff of A.D. GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania David L. Johnson and Mary T. Johnson a/k/a Writ No. 2006-2914 Civil Term Mary Therese Johnson R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Poundage Levy 30.00 30.00 .50 1.00 1.53 15.00 $ 78.03 ? So ns ers: A R. Thomas Kline, Sheriff BYJ#Ct??j ?? Real Estate Sergeant I1?03?o G 4 r'fL 5.59?? GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DAVID L. JOHNSON CIVIL, DIVISION MARY T. JOHNSON A/K/A MARY THERESE JOHNSON NO. 06-2914 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,26 WINDY HILL ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 26 WINDY HILL ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment 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) CITIBANK, N.A. BANK OF AMERICA N.A. 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 57104-0432 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 I- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRSTAR BANK,N.A. 205 WEST 4TH STREET CINCINNATI, OH 45202 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 26 WINDY HILL ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 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 unworn falsification to authorities. July 7, 2006 DATE D L G. G, ESQUIRE Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold. E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PARCEL IDENTIFICATION NO: 30-08-0593-002B Control #: 30000101 TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7- 12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 0. GMAC MORTGAGE CORPORATION Plaintiff, V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). TO: DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 July 7, 2006 CUMBERLAND COUNTY No. 06-2914 MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND 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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 26 WINDY HILL ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $152,892.52 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: 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 find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page 70 The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PARCEL IDENTIFICATION NO: 30-08-0593-002B Control #: 30000101 TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7- 12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION. and/or ATTACHMENT + a COMMONWEALTH OF PENNSYLVANIA) N006-2914 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation Plaintiff (s) From David L. Johnson Mary T. Johnson a/k/a Mary Therese Johnson (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152,892.52 L.L.$.50 Interest from 7/8/06 to December 6, 2006 (per diem - $25.13) $3,794.63 Atty's Comm % Due Prothy $1.00 Atty Paid $137.44 Other Costs Plaintiff Paid Date: July 11, 2006 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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 S ? =b `d L I Inn 4001 '!.:1 ?.1,? -11LIHS .t?'J_t_j0 3J ??0 Real Estate Sale # 71 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 26 Windy Hill Road, Newville, more fully described on Exhibit "A" A filed with this writ and by this reference incorporated herein. 00 Date: September 11, 2006 By. Real Estate Sergeant PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL, DIVISION V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/09/2006 to Date of Sale ($25.13 per diem) NO. 06-2914 CUMBERLAND COUNTY $152,892.52 $35,810.25 TOTAL $188,702.77 e /I Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Pe r J. Mulcahy, Esq., Id. No. 61791 ? ndrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 121260 a? O ti td W ? 0?? 0 ?? 04 Q ANz T. N w O9 w? a oa O U o° ?U ?r c-: 0 O d c? O Ua C7 > 8 0 w a? d zz oo„ 42 d? A iz w '1 w D O c H w a? ? ero v a w 0 (14 v?inA ? o??c??roMo ??f p- O W N MNN?l'", OOO'? CpMO [??G?'?NN p zv az G O Oz..o?p?NW, O p2 C pZ a 2 Z° ,Z od b y `fi b v? v ? o?n,oW?w?wW~?•??'??? v a >n ?w,?•?,???? ? ° -0 J, Qwooo?oooooo0 000 o Cr ? ? N c.= :) 1: 1 - ? .? t- ? to c? ?? ? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION Plaintiff V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-2914 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. B Y• Attorney or Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? P er J. Mulcahy, Esq., Id. No. 61791 JOA ndrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 O THE )'.:!NARY THE ?r 2009 DEC 2 1 M 10: 1 14 GMAC MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS NO. 06-2914 CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 26 WINDY HILL ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 4. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 26 WINDY HILL ROAD NEWVILLE, PA 17241 26 WINDY HILL ROAD NEWVILLE, PA 17241 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CITIBANK (SOUTH DAKOTA) N.A. CITIBANK (SOUTH DAKOTA) N.A. C/O BURTON NEIL, ESQUIRE BANK OF AMERICA, N.A. BANK OF AMERICA, N.A. C/O BURTON NEIL, ESQUIRE 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 57104 1060 ANDREW DRIVE, #170 WEST CHESTER, PA 19380 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 1060 ANDREW DRIVE, #170 WEST CHESTER, PA 19380 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRSTAR BANK, N.A. 205 WEST 4T' STREET' CINCINNATI, OH 45202 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 26 WINDY HILL ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 P.O. 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.A. § 4904 relating to unsworn falsification to authorities. December 17, 2009 L By: Attorney fo intiff Phelan Hallman & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? J 'B. Jones, Esq., Id. No. 86657 VAndrew er J. Mulcahy, Esq., Id. No. 61791 L. Spivack, Esq., Id. No. 84439 me McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 F{LEG ?w 4 L. TAR 2004 QCL 2 fa 10: 14 CuPr _.I UWY GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 06-2914 DAVID L. JOHNSON CUMBERLAND COUNTY MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 26 WINDY HILL ROAD, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriffs Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $152,892.52 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-2914 GMAC MORTGAGE CORPORATION VS. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON owner(s) of property situate in the TOWNSHIP OF NORTH NEWTON, Cumberland (Municipality) County, Pennsylvania, being 26 WINDY HILL ROAD. NEWVILLE. PA 17241 (Acreage or street address) Parcel No. 30-08-0593-002B Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,892.52 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15-foot drainage easement as set forth in Plan Book 70 Page 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7-12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 PARCEL NO. 30-08-0593-002B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2914 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From DAVID L. JOHNSON, MARY T. JOHNSON a/k/a MARY THERESE JOHNSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152,892.52 L.L. $.50 Interest from 7/9/06 to Date of Sale ($25.13 per diem) -- $35,810.25 Atty's Comm % Atty Paid 159.97 Plaintiff Paid Date: 12/21/09 (Seal) Due Prothy $2.00 Other Costs S Olt 1 19 ?$ Curti . Long, Prothonotary By:_ Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 ?z Supreme Court ID No. 90134 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION PHS # 121260 Served and made known to di o L SO NN SON Defendant on the day of 3 /?*Ay 201p , at (Z ; 7.0, o'clock ?. M., at 26 W i N a y14) RN 14e IJEwviu E1 p/} , in the manner described below: C7 ^' ,L Defendant personally served.- -° ca - Adult family member with whom Defendant(s) reside(s). ? f'A 'Tt ICU Relationship is w - Adult in charge of Defendant's residence who refused to give name or relationship. N Manager/Clerk of place of lodging in which Defendant(s) reside(s). N f _ Agent or person in charge of Defendant's office or usual place of business. == an officer of said Defendant's company. - Other: Description: Age 5JD Height !5't.? Weight 7 $ Race W Sex M Other I, -P4AlA-G y A6 u- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. SERVED Sworn to and subscribed before me this ?ZfLday of rT-I/, 2C9 A_. Not Y' I DEFENDANT SERVICE TEAM/ iln DAVID LEROY JOHNSON A/K/A DAVID L. JOHNSON COURT NO.: 06-2914 MARY THERESE ANN JOHNSON A/K/A MARY THERESE JOHNSON A/K/A MARY T. JOHNSON SERVE DAVID LEROY JOHNSON A/K/A DAVID L. TYPE OF ACTION JOHNSON AT: XX Notice of Sheriffs Sale 26 WINDY HILL ROAD SALE DATE: 06/02/2010 NEWVILLE, PA 17241 On the day of , 200_, at - Vacant - Bad Address - No Answer _ Service Refused Other: Sworn to and subscribed before me this day of Notary: By: -ern rz7 KIMBERLY CURTY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 NOT SERVED _ o'clock M., Defendant NOT FOUND because: Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. N. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal R. Shah-Jani, Esq., Id. No. 81760 Janine P- Davey, Esq., Id. No. 87077 Lauren R. Talras, Esq., Id. No. 93337 Vivek Saivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivaek, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chcisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. N. 205047 Courtemy R. Dunn, Fsq., Id. No. 206779 ?? AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION PHS # 121260 DEFENDANT SERVICE TEAM/ iin DAVID LEROY JOHNSON A/K/A DAVID L. JOHNSON COURT NO.: 06-2914 MARY THERESE ANN JOHNSON A/K/A MARY THERESE JOHNSON A/K/A MARY T. JOHNSON SERVE MARY THERESE ANN JOHNSON A/K/A TYPE OF ACTION MARY THERESE JOHNSON A/K/A MARY T. XX Notice of Sheriffs Sale JOHNSON AT: SALE DATE: 06/02/2010 26 WINDY HILL ROAD NEWVILLE, PA 17241 SERVED Served and made known to AWY I 4 F N ?? Defendant on the 2!"day of J'A#4?*a' 201IZ, at z4 o'clock k. M., at Zb MAlbi 4M ,A/Ewd)WQA , in the manner described below: Defendant personally served. ? Adult family member with whom Defendant(s) reside(s). Relationship is ?.D Adult in charge of Defendant's residence who refused to give name or relationship._ _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. r7; I r V,i -T1 an officer of said Defendants company. _ Other: r -j LJ Description: Age SS Height 5,6 Weight 17 r Race K) Sex '' - 1, a competent adult, being duly sworn according to law, depose ~l ? ?. a state-that personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set4orth ereir issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 20k day KIMBERLY CURT)( of _4 'A1 , 2004_. N01 ARY PUBLIC STATE OF NEW XRSEY N -.By: OMMISS'10N EXPIRES MARCH 7,1013 NOT SERVED On the day o , 200at o'clock _. M., Defendant NOT FOUND because: - Vacant - Bad Address - Moved - Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed before me this day By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Fcancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew 1.. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrlsovalonte P. FSakos, Esq., Id. No. 94620 r `•,F - , i -?T r,!?I 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION Plaintiff V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Court of Common Pleas Civil Division CUMBERLAND County No. 06-2914 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 22, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 7, 2006 in the amount of $152,892.52. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 26 WINDY HILL ROAD, NEWVILLE, PA 17241 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1-06-01532 on July 26, 2006. The Bankruptcy was dismissed by order of court dated November 24, 2006. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". b.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:06-02785 on December 1, 2006. The Bankruptcy was dismissed by order of court dated October 28, 2009. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "D". 5. The Property is listed for Sheriffs Sale on June 2, 2010. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $133,179.14 Interest Through June 2, 2010 $13,021.34 Per Diem $25.09 Late Charges $655.20 Legal fees $4,700.00 Cost of Suit and Title $1,971.00 Sheriffs Sale Costs $33.47 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,986.52 TOTAL $155,546.67 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 12, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "E". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 'J?25 ?U By: U Lawre LPhela , Es , Id. No. 32227 ? Fran c' SEs , Id. No. 62695 Dani 1 GqId. No. 62205 ? Michele d, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION Plaintiff V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-2914 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID L. JOHNSON and MARY T. JOHNSON A/K/A MARY THERESE JOHNSON executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 26 WINDY HILL ROAD, NEWVILLE, PA 17241. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciong_oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VL 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). In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorn 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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: ZS JU By: Phelan Hallinan & Schmie2, LLP ? La/el e T. helan, Esq., Id. No. 32227 ? FraS. H Ilinan, Esq. d. No. 62695 ? Da . Sc ieg , , Id. No. 62205 El Michele M. Bra ord, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Exhibit "A" 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 121260 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 Defendants ATMRNEy ALE CM CIVIL ACTION - LAW r mum 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. , Lawyer Referral Service Cumberland County Bar Association FNEY ME COO* ATTO 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 0 o -0 W , ,,,.. F S v> 3--?:._ n r- C A a ATTORNEY FOR PLAIN 3C COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. O?- ?9?1 1. lc t'L y CUMBERLAND COUNTY We hereby certffy the within. to be a true and correct coby of our invoice File #: 121260 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 1l: 121260 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described On 06/06/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FAIRFIELD FINANCIAL MORTGAGE GROUP, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1719, Page: 50. By Assignment of Mortgage recorded 08/08/2001 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 680, Page 301. Said Assignment of Mortgage was re-recorded on 11/19/2001 in Assignment of Mortgage Book No. 682, Page 2138. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 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. File k: 121260 6. The following amounts are due on the mortgage: Principal Balance $144,385.96 Interest 5,412.80 11/01/2005 through 05/18/2006 (Per Diem $27.20) Attorney's Fees 1250.00 Cumulative Late Charges 200.51 06/06/2001 to 05/18/2006 Cost of Suit and Title Search 550.00 Subtotal $ 151,799.27 Escrow Credit -293.95 Deficit 0.00 Subtotal - 293.95 TOTAL $ 151,505.32 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale If . the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 151,505.32, together with interest from 05/18/2006 at the rate of $27.20 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 HAl AN & SCHMIEG, LLP By. /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 121260 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in comer of Lot No. l; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North 05 degrees 59 minutes 40 seconds West seven hundred and forty- nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book 70 Page. 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. BEING part of the same premises which Kenneth L. Tuckey and Marsha A. Tuckey by Deed dated May 11, 1990 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book '0', Volume 34, Page 343, granted and conveyed unto Kenneth L. and Marsha A Tuckey. PROPERTY BEING: 26 WINDY HILL ROAD File #: 121260 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 51 i44 Exhibit "B" 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 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s). NO. 06-2914 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID L. JOHNSON and MARY T. JOHNSON A/K/A MARY THERESE JOHNSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/19/06 to 7/8/06 TOTAL $151,505.32 1 387.20 $152,892.52 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. D G. S ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 121260 Exhibit "C" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE:DAVID LEROY JOHNSON MARY THERESE ANN JOHNSON Debtor(s) Order Dismiss Case Chapter13 Case No.1:06-bk-01532 Upon consideration of Motion to Dismiss Case for material default and after notice of hearing set for November 15, 2006, No appearance for debtor and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By flke Comi, ?J Ban rup' .judge ?R) This docierent is electronically signed and led on the same date Date: November 24, 2006 MDPA-DISMI8S2.WPT REV 6/05 Exhibit "D" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAVID L. JOHNSON MARY T. JOHNSON Chapter: 13 Debtor(s) CHARLES J. DEHART, III CHAPTER 13 TRUSTEE Movant(s) vs. DAVID L. JOHNSON MARY T. JOHNSON Respondent(s) Case Number: 1-06-bk-02785 RNO ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Date: October 28, 2009 Robert N. Opel, ii, Bankruptcy Judge This document is electronically signed and filed on the same date. (131) MDPA-Dismiss Case.WPT - REV 03/09 Case 1:06-bk-02785-RNO Doc 93 Filed 10/28/09 Entered 10/28/09 16:16:58 Desc Main Document Page 1 of 1 Exhibit `6E" _ 'JI J-? w lJ O s N ? a c o ? cr ry= ?a A ? o ' ?- r' O .? ?a O z o z ? a ? rn -o ?1 fD , a - Z o 0 x y A ? O = N fD fD " o - al y ? HI . y 0 2 ? c o i N O O d 9 o d °4 y y'Op - S' 2 ( ? ., m D ? N r ?y _. c a y d m - ro y ? ? rn A7 c , a m ? o g eC _ - ® PRNEY womms - x a ? 02 1M $01.26° ry. 0004277256 MAR12 2010 ° a a MAILED FROM ZIP CODE 19 10 3 (F O _ 'm O 'O n 'O 'J O>? eD I o. O b C a' o' (D b x m ?Z z x m C) r It PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 12, 2010 DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 RE: GMAC MORTGAGE CORPORATION v. DAVID L. JOHNSON and MARY T. JOHNSON, A/K/A MARY THERESE JOHNSON Premises Address: 26 WINDY HILL ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 06-2914 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 17, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve tays a wi re Francis S. Hallman, Esquire D iel G. Schmieg, Esquire 44ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: G By: U 'aw'e ce Yhelan, E , Id. No. 32227 ? Franc' S. allinan, E , Id. No. 62695 ? Dan' 1 G. S ie sq., Id. No. 62205 ? Mic I ele M. Bra ford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? hrisovalante P. Fliakos, Esq., Id. No. 94620 Doshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No. 06-2914 A/K/A MARY THERESE JOHNSON Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 Phelan Hallinan & Schmieg, LLP DATE: 25 U By: LJ Lawr nce . Phelan, Esq Id. No. 32227 ? Fr cis S. allinan, Es ., Id. No. 62695 ? D iel G. hmie sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF ILED T ;= iJ E '"','?TIDY ;._ 2010 APR - I AM 10:41 1 ????ld4tlk L 1?AN MAR 3 0 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No. 06-2914 A/K/A MARY THERESE JOHNSON Defendants RULE AND NOW, this day of dA&?z-L 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. L,3-A t"?' 2-D Ct " -7 A-4- t S 4L) J4ZD Rule Returnable 4r?v of -III C-eroom of the Cumberland County Courthouse, Carlisle, Pe . j 0 f F) tj E: 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION Plaintiff V. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-2914 CERTIFICATION OF SERVICE r' I hereby certify that a true and correct copy of the Rule Returnable Dated March 31, 2010 noting a Rule Return date of April 20, 2010 to file a response to Plaintiffs Motion to Reassess Damages was sent to the following individual on the date indicated below. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 Phelan Hallinan,% Schmieg, LLP DATE: L ICI hu By: LJ Lac T. Phelan, E q., Id. No. 32227 ? Fr T S Hallinan, q., Id. No. 62695 ? Daniel G. chmi sq., Id. No. 62205 ? Michele M. radford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 El/Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF ~,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Plaintiff v. DAVID L. JOHNSON MARY T. JOHNSON AiKfA MARY THERESE JOHNSON Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 06-2914 MAY. 1 ~ 2010 ORDER AND NOW, this t ~ ,day of 1~7~ ~ , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, ghat the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $133,179.14 Interest Through June 2, 2010 $13,021.34 Per Diem $25.09 Late Charges $655.20 Legal fees $4,700.00 Cost of Suit and Title $1,971.00 Sheriffs Sale Costs $33.47 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,986.52 TOTAL $155,546.67 Plus interest from June 2, 2010 through the date of sale at six percent per annum. fure.cv ,s ~= ~' y ~ i >tS rn~ c ~c~ . ~1 ~._ Y'° ~7 ~Q O~ ~'t . Jo~so~J _ `\ c~v V sfr~~ta ~'n'~ Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above BY THE CyDURT i~~(yr 121260 ~. SHERIFF`S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~~~~tr 4t ~~r~~tr~irr~,i~~ t:. GAF ~ i~~ '?F rHC ~ ~FRIFF ~ k' d 1 GMAC Mortgage Corporation Case Number vs. David L Johnson (et al.) 2006-2914 SHERIFF'S RETURN OF SERVICE 04/05/2010 08:36 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2030 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David L. Johnson & Mary T. Johnson, located at 26 Windy Hill Road, Newville, Cumberland County, Pennsylvania according to law. 04/05/2010 08:36 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David L. Johnson, by making known unto, David L. Johnson, personally, at 26 Windy Hill road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/05/2010 08:36 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mary T. Johnson, by making known unto, David L. Johnson, husband of defendant, at 26 Windy Hill road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/27/2010 Property sale postponed to 9/8/2010. 09/01/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 10/2/10 SHERIFF COST: $688.46 October 05, 2010 SO ANSWERS, ~¢". _~~ RON R ANDERSON, SHERIFF a"~ ~~° ~- _Sa ~G-~d ~~~ >~~~ ~ 01 ~~'~~ (cj Cour', Suite ShenYf. Teiecsott. Irn;. .~- GMAC MORTGAGE CORPORATION 'Plaintiff CIVIL DIVISION v. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS NO.06-2914 CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 26 WINDY HILL ROAD, NEWVILLE, PA 17241. 1. 2. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 26 WINDY HILL ROAD NEWVILLE, PA 17241 26 WIIVDY HILL ROAD NEWVILLE, PA 17241 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60~ STREET NORTH SIOUX FALLS, SD 57104 1060 ANDREW DRIVE, #170 WEST CHESTER, PA 19380 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 - CITIBANK (SOUTH DAKOTA) N.A. C/O BURTON NEIL, ESQUIItE BANK OF AMERICA, N.A. 4. BANK OF AMERICA, N.A. C/O BURTON NEIL, ESQUIRE 1060 ANDREW DRIVE, #170 WEST CHESTER, PA 19380 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIItSTAR BANK, N.A. 205 WEST 4~ STREET' CINCINNATI, OH 45202 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. r 6. Narn+e and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name ~ Address (if address cannot be reasonably ascertained, please indicate} None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 26 WINDY HILL ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 P.O. 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.A. § 4904 relating to unsworn falsification to authorities. December 17, 2009 w L By: ~ Attorney fo intiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R Davey, Esq., Id. No. 87077 ^ Lauren R Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ J B. Jones, Esq., Id. No. 86657 ^ eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. DAVID L. JOHNSON N0.06-2914 CUMBERLAND COUNTY MARY T. JOHNSON A/KiA MARY THERESE JOHNSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 26 WINDY HILL ROAD, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $152,892.52 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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. Xou 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 cal1215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house-will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.06-2914 GMAC MORTGAGE CORPORATION vs. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON owner(s) of property situate in the TOWNSHIP OF NORTH NEWTON, Cumberland (Municipality) County, Pennsylvania, being 26 WINDY HILL ROAD. NEWVILLE, PA 17241 (Acreage or street address) Parcel No. 30-08-0593-002B Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,892.52 Phelan Iiallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern comer of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North OS degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49} feet to an iron pin set in lands now or formerly of Hazold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Claza P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (?05.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15-foot drainage easement as set forth in Plan Book 70 Page 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7-12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 PARCEL N0.30-OS-0593-002B GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.06-2914 DAVID L. JOHNSON CUMBERLAND COUNTY MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 26 WINDY HILL ROAD, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriff's Sale on JiJNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $152,892.52 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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights.. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. Yqu 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 cal1215-Sb3-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your hame back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND. OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31bb (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.06-2914 GMAC MORTGAGE CORPORATION vs. DAVID L. JOHNSON MARY T. JOHNSON A/K!A MARY THERESE JOHNSON owner(s) of property situate in the TOWNSHIP OF NORTH NEWTON, Cumberland (Municipality) County, Pennsylvania, being 26 WINDY HILL ROAD, NEWVILLE, PA 17241 (Acreage or street address) Parcel No. 30-0$-0593-002B Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,892.52 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Fisher Mowery & Rosendale Assoc. Inc. as recorded in Cumberland County Plan Book 70 Page 70, as follows: BEGINNING at a fence post in the southern corner of other lands now or formerly of David L. and Mary T. Johnson; thence along Lot No. 1 on the aforementioned subdivision plan South 88 degrees 18 minutes 30 seconds West one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of Lot No. 1; thence along common boundary of Lot No. 3, Lot No. 1 and Lot No. 4, North OS degrees 59 minutes 40 seconds West seven hundred and forty-nine hundredths (700.49) feet to an iron pin set in lands now or formerly of Hazold E. and Clara P. Johnson; thence along lands now or formerly of Harold E. and Clara P. Johnson North 88 degrees 39 minutes 41 seconds East two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, South 07 degrees 28 minutes 30 seconds West seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of BEGINNING. BEING all of Lot No. 3 and containing 3.1637 acres. UNDER and SUBJECT to a 15-foot drainage easement as set forth in Plan Book 70 Page 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, husband and wife, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, husband and wife, dated 7-12-95, recorded 7-14-95, in Deed Book 125, page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 PARCEL N0.30-08-0593-002B WRIT' OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2914 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From DAVID L. JOHNSON, MARY T. JOHNSON a/k!a MARY THERESE JOHNSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152,892.52 L.L. $.50 Interest from 7/9106 to Date of Sale ($25.13 per diem) -- $35,810.25 Atty's Comm % Due Prothy $2.00 Atty Paid 159.97 Plaintiff Paid Date: 12121/09 Other Costs (Seal) REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Deputy Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No, 90134 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered, 26 Windy Hill Road, Newville more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 201 Q Rea state Coor orator Z Q ~8 b' Z Z X30 6~Q1 ~.~IL~3NS ~~1 0 ~~1 ~ y,`l.. < . 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 Cazlisle 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: April 16, April 23, and Apri130, 2010 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. Writ Ifo. 2006-2914 Civil GMAC Mortgage Corporation vs. David L Johnson Mary T. Johnson a/k/a Mary Therese Johnaon Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 06-2914, GMAC MORTGAGE CORPORATION vs. DAVID L. JOHN- SON, MARY T. JOHNSON A/K/A MARY THERESE JOHNSON, owners of property situate in the TOWNSHIP OF NORTH NEWTON, Cumberland County, Pennsylvania, being 26 WINDY HILL ROAD, NEWVILLE, PA 17241. Parcel No. 30-08-0593-002b. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $152,892- .52. SWORN TO AND SUBSCRIBED before me this 30 day of April. 2010 Notary ....~ NOTARIAL SEAL DEBORAH A COt.LINS Notary Public CARLISLE 80ROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2614 The Patriot-News Ca. 2020 Technology Pkwy " Site 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 on the date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s) shown below: 04/16/10 04/23/10 ~ J ~ ,___ 04/30/10 Sworn to a~ bscribed before t ~ 18 day of May, 2010 A.D. ,~ Notary Public COMM4NVJLAlfiM 6F P€NNBYLVANIA NOhr9al Swat ShwRiw L. Klsrwr, Notary public Lower Paxton 71Np,, Oauphln County My Commission ~kplres Nov, 26, 2011 Member, Pennsylvania Association of Notaries Writ No. 2006-2914 Civil Term .AAC Mortgage Corporation Vs. David L Johnson MaryT Johnson a/kla Mary Therese Johnson Arty: Daniel G Schmieg By virtue of a Writ of Execution N0.06-2914 GMAC MORTGAGE CO1tP0RATI0N vs. DAVID L, JOHNSON MARY T. JOHNSON A/K!A MARY THERESE JOHNSON owner(s) of property situate in the TOWNSHIP OF NORTH NEWTON, Cumberland (Municipality) County, Pennsylvania, being 26 WINDY HILL ROAD, NEWVILLE, PA 17241 (Acreage or street address) Parcel No. 30-08-0593-002B Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,892.52 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff v. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) PRAECIPE TO ENTER ORDER To the Prothonotary: COURT OF COMMON PLEAS CIVIL DIVISION N0.:06-2914 CUMBERLAI~Ib C9UNTY ....~ ~.~ .. , - ~ =. -- ~-~~ `--° r,. ~_ Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against DAVID L JOHNSON and MARY T. JOHNSON A/K/A MARY THERESE JOHNSON, defendant(s). As Set Forth in the Order $ 155, 546.67 Date: 9/ 18/2012, ~--13v~~ Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP r 1 ~~~ Printed Name: ~/ Bar ID No. __~~~-- - - - -_ a~ ~~.sa~d a~ C~.~~au~y4~ ~~ ~a ~,s {voh c~ ~1i1~.~ ~ ~~ [N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Plaintiff v. DAVID I.. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendants Court of Common PI~Y ~ ~ Z~~Q Civil Division CUMBERLAND County No. 06-2914 ORDER AND NOW, this J~..day of ~,~/ , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $133,179.14 Interest Through June 2, 2010 $13,021.34 Per Diem $25.09 Late Charges $655.20 Legal fees $4,700.00 Cost of Suit and Title $1,971.00 Sheriffs Sale Costs $33.47 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0,00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ~$0.0U1 Escrow Deficit $1,986.52 TOTAL $15 5, 546.67 Plus interest from June 2, 2010 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. BY THE COURT J. 121260 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSI7RE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff v. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/03/2010 to Date of Sale ($25.57 per diem) COTA L COURT t)F COMMON PLEAS CNIL DIVISION NO.: U6-2914 CUMBERLAND COUNTY __, ,_ ; ______ $155,546.67_ ~ ~~ ~_ _ $25,774.56 -_ ~._ ._ _ r,,: $181, 3321~.~--=-~= _"`,.. f'hE1an Hallinan & Sehmieg, LLP Allison F. Wells, Esq.., Id. No.309519 Attorney for Plaintiff Note: Please attach. description of property. PHS # 121260 ~~ ~~~ ~~. 3~, ~y tt r~ ~~ g. ~~ l~ g~ . ~ ~, t~ (, SS J~" ~ ~ rl ~U (( ~ ~ ~~ ~~ (l u I~. SDI' ~~ ~. ~~ ~ ~~ e~.~ Iaa~9~~`~ laa~ysl LEGAL DESCRIPTION All that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan prepared by Fisher Mowery & Rosendale Assoc. Inc. As recorded in Cumberland County plan book 70 page 70, as follows: Beginning at a fence post in the southern corner of other lands now or formerly of David L.,and Mary T. Johnson; thence along lot no. 1 on the aforementioned subdivision plan south 88 degrees 18 minutes 30 seconds west one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of lot no. 1; thence along common boundary of lot no. 3, lot no. 1 and lot no. 4, north OS -degrees-~-9;,,;^„*AC 0-sgcenfts-west rlye_hundredths-(70D~9~fee~to~n __ ___ - __ iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence north 88 degrees 39 minutes 41 seconds east two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, south U7 degrees 28 minutes 30 seconds west seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of beginning. Under and subject to a 15 foot drainage easement as set forth in plan book 70 page. "70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Pvlary T. Johnson, h/w, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, h/w, dated 07/12/1995, recorded 07/14/] 995 in Book 125, Page 175. PREMISES BEING: 26 WINDY HII.L ROAD, NEWVILLE, PA 17241 PARCEL NO.30-08-0593-002B PHELAN HAI_ LINAN & SCHMIEG, LLP .Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION Plaintiff v. - r.;~ ~~~ ,~ , ~. `~`~.. `. ,.i;`1;,, DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISI(1N N0.:06-2914 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: { ) the mortgage is an FHA Mortgage ( j the premises is non-owner occupied ~ j the premises is vacant (X) Act 91 procedures have been fulfilled ~ ) Act 91 is Not Applicable pursuant to Pa Bulletin., Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating~o~rorn falsification to authorities. ~~`' ~,. /,, ~~/' . B . __ Phelan a linan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff AC MORTGAGE CORPORATION . Plaintiff` ~ ":,. ; DA ~'ID L. JOHNSON M~,RY T. JOHNSON ~," :~ Cis€:~' , A/>F;,~A MARY THERESE JOHNSON " ~ ' ~~ ` ~ ~-~~ ~• ~~~' ^~ , Defendant(s) , COURT OF COMMON PLEAS CIVIL DIVISION v0.: 06-2914 CUMBERLAND COUNTY PHS # 121260 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Prae pipe for the Writ of Execution was filed, the following information concerning the real property located at 26 WINDY HILL ROAD, NEWVILLE, PA 17241. l . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DAVID L. JOHNSON MARY' 'T. JOHNSON A/K/A MARY THERESE JOHNSON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 26 WINDY H[LL ROAD NEWVILLE, PA 17241 26 WINDY HILL ROAD NEWVILLE, PA 17241 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA DEPT. OF P.O. BOX 280946 REVENUE BUREAU OF' COMPLIANCE HARRISBURG, PA 17128-0946 COMMONWEALTH OF PA DEPT. OF P.O. BOX 280948 REVENUE BUREAU OF COMPLIANCE HARRISBURG, PA 17128-0!)48 CITIBANK (SOUTH DAKOTA) N.A 701 E. 60TH STREET N SIOUX FALLS, SD 57104-0432 CITIBANK (SOUTH DAKOTA), N.A. 1060 ANDREW DR STE 170 C/O BURTON NEIL, ESQ. WEST CHESTER, PA 19380 BURTON NEIL & ASSOCIATES, P.C. BANK OF AMERICA N..A. (USA) 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 BANK OF AMERICA N.A. (USA) 1060 ANDREW DR STE 170 C/O BURTON NEIL, ESQ. WEST CHESTER, PA 19380 BURTON NEIL & ASSOCIATES, P.C. 1 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRSTAR BANK, NA. 205 WEST 4TH STREET CINCINNATI, OH 45202 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENAN'T1OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 26 WINDY HILL ROAD NEWVILLE, PA 17241 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17]08-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made sect to the penalties of 18 Pa. C.S.Q. § 4904 relating to unsworn falsification to authorities. _~" Phelan Ha an Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. DAVID L. JOHNSON N0.:06-2914 MARY T. JOHNSON A/K/A MARY THERESE JOHNSON CUMBERLAND e'O~~1TY Defendant(s) ~_~ R{ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID L. JOHNSON ~' `~ ~ `~-`~ MARY T. JOHNSON r . r, ~'~;! A/K/A MARY THERESE JOHNSON ~~~ 26 WINDY HILL ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 26 WINDY HILL ROAD, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $155,546.67 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an antlouncement will be made at said sale in compliance with Pa.R.C._P. Rule 3129.3. NOTI('E OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may he 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 ST1LL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. ~'ou may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled. to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses. or ways of getting your home back., if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-2914 GMAC MORTGAGE CORPORATION vs. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON owner(s) of property situate in the NORTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 26 WINDY HILL ROAD, NEWVILLE, PA 17241 Parcel No. 30-08-0593-002B (Acreage or street address) Impro~~ements thereon: RESIDENTIAL DWELLING JUDGMEN"h AMOUNT: $155,546.67 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION All that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan prepared by Fisher Mowery & Rosendale Assoc. Inc. As recorded in Cumberland County plan book 70 page 70, as follows: Begirvling at a fence post in the southern corner of other lands now or formerly of David Land Mary T..Iohnson; thence along lot no. 1 on the aforementioned subdivision plan south 88 degrees 18 minutes 30 seconds west one hundred fifteen and zero hundredths (115.00) feet to an iron pin set in corner of lot no. 1; thence along common boundary of lot no. 3, lot no. 1 and lot no. 4, north OS degrees S9 minutes 40 seconds west seven hundred and forty-nine hundredths (700.49} feet to an iron pin set in lands now or formerly of Harold E. and Clara P. Johnson; thence north 88 degrees 39 minutes 41 seconds east two hundred eighty and zero hundredths (280.00) feet to an iron pin set in lands of same; thence along lands now or formerly of Harold E. and Clara P. Johnson and lands now or formerly of David L. and Mary T. Johnson, south 07 degrees 28 minutes 30 seconds west seven hundred five and eighty hundredths (705.80) feet to a fence post, the point and place of beginning. Under and subject to a 15 foot drainage easement as set forth in plan book 70 page. 70. The foregoing is a lot addition and cannot be sold, transferred or otherwise used for the construction of a dwelling unit or for other land development. TITLE TO SAID PREMISES IS VESTED IN David L. Johnson and Mary T. Johnson, 1~/w, by Deed from Kenneth L. Tuckey and Marsha A. Tuckey, h/w, dated 07/12/1995, recorded 07/14/1995 in Book 125, Page 175. PREMISES BEING: 26 WINDY HILL ROAD, NEWVILLE, PA 17241 PARCEL, NO. 30-OS-0593-002B WRIT OF EXECUTION and/or ATTACHMENT COMMONWF,ALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 06-2914 Civil CIVIL ACTION LAW TO "fHE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From DAVID L. JOHNSON, MARY T. JOHNSON A/K/A MARY THERESF. JOHNSON (1) You are directed to levy upor~~ the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (?) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ai7d 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; (=) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $]55,546.67 L.L.: Interest FROM 6/3/2010 TO DATE OF SALE ($25 57) - $25,774.56 ~r ~.t~w Atty's Comm: % Due Prothy: $2.25 Attv Paid: $970.43 Plaintiff Paid: Other Costs: Uate: 1(i/24/12 (Seal} REQUF.S`i [NCB PARTY: Name: ALLISON F. WELLS, ESQUIRE ~o~,Jl ~ ~~- ~V ~~ David D. Buell rothonotary /f_Y' `' Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAP.A PHILADELPHIA, PA 1910.3 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 309519 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION PHS # 121260 DEFENDANT SERVICE TEAM/ lxh DAVID L. JOHNSON COURT NO.: 06-2914 MARY T. JOHNSON A/K/A MARY THERESE JOHNSON SF,RVE DAVID L. JOHNSON AT: TYPE OF ACTION `~ r,a 26 WINDY HILL ROAD XX Notice of Sheriff s Sale NEWVILLE, PA 17241 SALE DATE: March 6, 2013 ~"'-~ °"" ,~- ~ ~ ~ Ls' '°Y' SERVED ~ ~ --~ Served and made known to DAVID L. JOHNSON, Defendant on the 16~ay of NO U !_lYl~~~20 jay ~ W . f 3 -~ ~ ; 1 Q ~~ :to , ci clock ~. M., at ~( lU t ~~ ~~ f2D ,JJF.1,uV1[.eE~, in the manner described below: ~. ~ ~;;~ / Defendant personally served. ~!~+ G=~- ~ Adult family member with whom Defendant(s) reside(s). ~°', ~ - -t''~ Kelationship is _ '-I "~ ~ ~ '' Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: /~~S ~ ~~ Description: Age ~LS1 HeightTJ l Weight ~ Race _ ~ Sex ~_ Other I. - °' ' ` ""1 ~ , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/r --1 n 1 /1 n DATE: 1 ~ +'0~ t ~ NAME: ~~ ~~~ PRINTED NAME: '~;_._.; .~;icll TITLE: ~, ..:_ _ . . ; c ~ ti~ s~ r NOT SERVED On the da of 20 , at o'clock _. M., I, , a competent adult hereby state that e endyant N~TF~IIRb because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on aT at _ _ Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. F3Y: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., ld. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Ro~:.ano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay $. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn. Esq., Id. No. 206779 Allison F. Wells, Esq., 1d. No. 3095]9 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Td. No. 80193 ,~-S AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY ,- -~ ~-~~• GMAC MORTGAGF, CORPORATION ~ , PHS # 121260 "~` t.:,.. ~.~~ E'v - ..."" ~ .. DF,FENDANT SERVICE TEAM/ lxh ~ '?~+ ~ , t,,;~r DAVID L..JOHNSON COURT NO.: 06-2914 i MARY T. JOHNSON A/K/A MARY THERESE JOHNSON ~~-. W t~W `;'~ ~ . 'C: _, ,.~, SERA-'E MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 'TYPE OF ACTION ~'' ~ ~ , -. AT: XX Notice of Sheriff s Sale ~ ~~_ ~7 ~.~: 26 WINDY HILL ROAD SALE DATE: March 6, 2013 „~ "'l •• ~ ~, NEWVILI,E, PA 172A1 ' °<: ! 0.~ SERVED ` Scrvcd and made known to MARY T. JOHNSON A/K/A MARY THERESE JOHNSON, Defendant on the ~T'"day ~~6tf>F,.titP,y'~fr; of A1Cf/r`lltB/zf- , 20 L at j0` 20 , o'clock ~. M., at ~ IU~NP/ ~Ht-(. QA}NEWr/lu,N~ P/~- , in the manner described below: Defendant personally served. /Adult family membel Nvith whom Defendant(s) reside(s). Relationship is SBgv.l~ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. ether Description: Age ~~ Height ,1 ~ ~ Weight (0 7 Race w Sex ! V\ Other I, `" -~; ioll _, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subjectnalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ` ~ ~ M ~ ~ DATE: ~ t ~ (O ~j ~~ NAME: _ PRINTED NAME: _ ~ _ _: ` TITLE: NOT SERVED On the day of 20 , at o'clock _. M., I, , a competent adult hereby state that De endant N~~ HZ5-LTl~~iecause: Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at _ Service Refused Other: 1 understand that this statement is made subject to the penakies of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY': PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn. Esq., 1d. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., td. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 ~~ •,_~., AFFIDAVIT OF SERVICE (FNMA] PLAINTIFk' CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION PHS # 121260 DEFENDANT SERVICE TEAM/ Ixh DAVID L. JOHNSON COURT NO.: 06-2914 MARY T. JOHNSON A/K/A MARY THERESE JOHNSON SERVE DAVID L. JOHNSON AT: TYPE OF ACTION ^...) r~ x 26 WINDY HILL ROAD XX Notice of Sheriff s Sale ~ . _ NEW'VILLE, PA 17241 SALE DATE: March 6, 2013 -5~: ~ C7 SERVED ~~ ,:"_ ~ ` M ~ Served and made known to DAVID L. JOHNSON, Defendant on the ~S'~`day of 6e-ro $ ~R, 20 j r ~-~t ~ 34 o'clock ~. M., at.'o~ W W~ ( ~[ RD IU~1t/VI(.l.E p~ , in the manner described below: _ .~G7 { Defendant personally served. y ~„ ~ _ Adult family member with whom Defendant(s) reside(s). R i l hi i ~ ~ a e at ons p s _ ~ h _ Adult in charge of Defendant's residence who refused to give name or relationship. ' ~ P~ _ Manager/Clerk of place of ]odgina in which Defendant(s) reside(;). ~c _. Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: S Description: Age~b Height ~ ~~ Weight lg~ Race W Sex M Other r, . :.~a ti~oll I, ~ , a competent adult, hereby verify that I personally handc;d a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ DATE: _ fib ~~ f ~ NAME: PRINTED NAME: ~~~1~~: ~'~~~ r~,~.~cc.yt, o,~~-, ~r TITLE: . ' NOT SERVED On the day of 20 . at o'clock _. M., I. , a competent adult hereby state that e endant I~ZS'TF~LTI~IS~fiecause: _ Vacant ~ Does Not Exist _ Moved ~ Does Not Reside (Not Vacant} No Answer vn at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 49(k1 relating to unsworn falsification to authorities, SY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., id. No. 62695 Daniel G. Sehmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., id. No. 94620 Courtenay R. Dunn, Esq.. ]d. No. 206779 Allison F. Wells, Esq., Td. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., 1d. No. 203993 Andrew J. Marley. Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. R0193 ;;.: -_€; j :;_-, .-'„ ~:t ~.. ~ cw.~ ``~ ~f~1 -~w, 3 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC ]MORTGAGE COKPORATION PHS # 121260 DEFENDANT SERVICE TEAM/ lxh DAVID L. ,JOHNSON COURT NO.: 06-2914 MARY T. IOHNSON A/K/A MARY THERESE JOHNSON SERVF, MARY T. JOHNSON A/K/A MARY THERESE JOHNSON TYPE OF ACTION e.,~ ~ ~' c~a AT: XX Notice of Sheriff s Sale '-~+ '"^~ 26 WIND' HILL ROAD SALE DATE: March 6, 2013 ~~`,,-~ CJ ~ ft'1 ; NEWVILLE, PA 17241 ., w ,, _'-~ c-~ ~ G'3 1 ~ SERVED ~ Served and made known to MARY T. JOHNSON A/1{/A MARY THERESE JOHNSON, Defendant on ~b5 ~ of OCt'o13~2 , 26~. at ="~'~' -` ~ ~ ~~ ~=3g, o cla:k ~. M., at ~6 w ~ ~ aJ N-!(.t f~D. ~1~~~E,P!Iin the manner described below: ~ .' ' _ Defendant personally served ~ y~j Adult family member with whom Defendant(s) reside(s). Relationship is _I~us Ba~D _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) resides}. _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age _~_l)' Height __~ ~_~~_ Weight ~ Race _W Sex ~ Other I, `~`~ '``t" i`'~~~1 , a competent adult, hereby verify that 1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address 18 Pa. C.S. Sec. 4904 retating to indicated above. I understand that this statement is made subject to the penalties of unsworn falsification to authorities. ~~ ~~~~~~~0~ ~ d DATE: ~ ~ f S ~ a- NAME: _ ~~ E , ,_ . __ '~ ~~ .~,. -~ ~ ~~~' ~~ ~..~ ~-~ ~,.:; ~^ PRINTED NAME: '' ~~'"': ~" '~, i .~ ~ 1 TITLE: ~``'~ ~2 z> ,~ .... NOT SERVED On the dayy of , 20 , at o'clock _. M., 1, . a competent adult hereby state tha~endant N T F iJND cause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not VacanC) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 49(kl relatAng to unsworn falsitcation to authorities. BY: _ (j)) PKINTED NAME: /// ATTORNEY FOR PLAINTIFF Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas. Esy., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86b57 Andrew L. Spivack, Esq., Id. Nn 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtcnay R. Dunn, Esq., ld. No. 206779 Allison F. Wells. Esq.. Id. No. 309519 Melissa J. Cantwell, Esy., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID L. JOHNSON ; c) CD = n MARY T. JOHNSON No.: 06-2914 -0:r --j A/K/A MARY THERESE JOHNSON r-1 Co =-•I M +,, M _ Defendants 6 PLAINTIFF'S MOTION TO REASSESS DAMAGES ' Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 22, 2006. 2. Judgment was entered on July 11, 2006 in the amount of$152,892.52. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 14, 2010, amending the judgment amount to $155,546.67. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit`B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 121260 which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 5. A Sheriffs Sale of the mortgaged property at 26 WINDY HILL ROAD, NEWVILLE, PA 17241 (hereinafter the "Property")was postponed or stayed for the following reason: a.)The Defendant,DAVID LEROY JOHNSON A/K/A DAVID L. JOHNSON and MARY THERESE ANN JOHNSON A/K/A MARY T.JOHNSON A/K/A MARY THERESE JOHNSON, filed a Chapter 13 Bankruptcy at Docket Number 1:06-61532 on July 26, 2006. The Bankruptcy was dismissed by order of court dated November 24,2006. A true and correct copy of the Bankruptcy Court Order is attached hereto,made part hereof, and marked as Exhibit "C". b.)The Defendant, DAVID LEROY JOHNSON A/K/A DAVID L. JOHNSON and MARY THERESE ANN JOHNSON A/KJA MARY T. JOHNSON A/K/A MARY THERESE JOHNSON,filed a Chapter 13 Bankruptcy at Docket Number 1:06-02785 on December 1, 2006.: The Bankruptcy was dismissed by order of court dated October 28, 2009. A true and correct copy of the Bankruptcy Court Order is attached hereto,made part hereof, and marked as Exhibit "D". c.)The Defendant, DAVID LEROY JOHNSON A/K/A DAVID L. JOHNSON'and MARY- THERESE ANN JOHNSON A/K/A MARY T. JOHNSON A/K/A MARY THERESE JOHNSON, filed a Chapter 13 Bankruptcy at Docket Number 1:10-04256 on May 24,2010. Plaintiff obtained relief from the bankruptcy stay by order of court dated January 19,2012. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "E". 121260 6. The Property is listed for Sheriffs Sale on June 5,2013. 7. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal.Balance $128,751.66 Interest Through June 5, 2013 $29,602.64 Legal fees $5,350.00 Cost of Suit and Title $2,690.29 Sheriffs Sale Costs $721.93 Escrow Deficit $9,706.01 Suspense/Misc.'Credits {$666.85} TOTAL $176,155.68 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 11. In acdordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 15, 2013 and requested the Defendants' Concurrence.Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of .mailing are attached hereto,made part hereof, and.marked as Exhibit"F" 12. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Wesley Oler,Jr entered an order for Motion to Reassess Damages dated May 14,2010 . 1.21260 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP s- DATE: By: Jo an M.ttkowicz,Esquire TORNEY FOR PLAINTIFF 121260 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No.: 06-2914 A/KJA MARY THERESE JOHNSON Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID L. JOHNSON and MARY T. JOHNSON executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 26 WINDY HILL ROAD,NEWVILLE, PA 17241. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 121260 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and t6 grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good. 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has'repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super:2003). Morgan Guaranty Trust Co. of N.Y. v. iylowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595-A.2d-179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat.Bank 445 Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co.,332 Pa. 545,2 A.2d 826 (1939). Because.a judgment in mortgage foreclosure is strictly in rem,it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 1.21260 CompM v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff.submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss'in that it would not be able to recoup monies it advanced to protect its interests. Conversely,amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v.Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Deferiddrits' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 1H. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v.Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 121260 Discount Company v. Babuscio,257 Pa. Super 101, 1095 390 A.2d 266,270(1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from.the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 121260 VI. ATTORNEYS FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents,.account records,title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint,,Rule 237.1 Notice, Department.of Defense search, entry of judgment, the writ of execution process, lien holder notices, and,all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v.Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shoppmg enter,68 D&C 2d 751 755 (1974). In Federal Land Bank of Baltimore v. Eejner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetne'r in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton C Realty, 662 A.2d 1120(Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 121260 V11. 'COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as PaR.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action'. It is'also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property,whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time-of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriffs sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only,Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 121260 V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The tender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as"property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent am' ounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 121250 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX, CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings,and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage,and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP II .�- DATE: 4 /-� By:_ _ Jo Etkowicz,Esquire A omey for Plaintiff 121260 Exhibit "A" 121260 PHELAN HALLINAN&SCHMIEG,L.L.P.. By: DANIEL G.SCHMIEG Identification'No.62205 ,Attorney for Plaintiff ONE PENN:CENT.ER AT SUBURBAN STATION 1617 JOHN F.KENNEDY BLVD.,SUITE 1400. 'PHILADELPHIA,PA 1'9103-1814 (2151 563-7000 'GMAC.MORTGAGE CORPORATION 500 ENTERPRISE ROAD;SUITE 150 CUMBERLAND COUNTY .HORSHAM,PA 190,44-0969 COURT OF COMMON PLEAS Platntiff, CIVIL'DMSION ve NO. `06w2914 DAVID L.JOHNSON MARY T.JOHNSON A/K/A MARY THERESE . JOHNSON Defendant(s). PRAECIPE FOR,IN REM JUDGMENT-FOR FAILLURE TO ANSWER AND ASSESSMENT OF IDAMAGES TO THE PROTHONOTARY: Kindly enter an`in rem judgment in-favor of th'e PlaintiffAbd against DAVID.L.,JOHNSON and MARY T.JOHNSON A%K/A MARY THERESE JOHNSON,Pdfi 04'.f.faliureto file an Answer to:Plaintiffs Complaint within 20 days;from_servicethereof and.for Foreclosure aiid Sale ofthe mortgaged pretnises;'and assess Plaintiffs dainages.as follows:. .As set forth in C. $151.,505:32 .Interest,from 5/19/66 to 7/8/06 - 1.387:20, TOTAL $:151,892.51 I herebycert-i v that(1):the addresses of the Piaintiff.-and:Defendant(s)areas shown above,and (2)that notice has been given in accordance with Rule ITT copy attached:; D.. G. ESQUIRE Attornl6yfor Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 PRO PROT � /e!Z_ 121260 Exhibit "B" 121260 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Court of Common P1AY 2010 Plaintiff V. Civil Division DAVID L. JOHNSON MARY T. JOHNSON CUMBERLAND County A/K/A MARY THERESE JOHNSON Defendants No. 06-2914 ORDER AND NOW, this / day of ,� 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $133,179.14 Interest Through June 2, 2010 $13,021.34 Per Diem $25.09 Late Charges $655.20 Legal fees $4,700.00 Cost of Suit and Title $1,971.00 Sheriffs Sale Costs $33.47 Property Inspections/Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,986.52 TOTAL $155,546.67 Plus interest from June 2, 2010 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. f BY THE COURT ' J. 12.1260 Exhibit "C" 121260 UNITED STATES BANKRUPTCY COURT MIDDLE .DISTRICT OF PENNSYLVANIA IN RE:DAVID LEROY JOHNSON MARY THERESE ANN JOHNSON Chapter13 Case No.1:06-bk-01532 Debtor(s) Order Dismiss Case Upon consideration of Motion to Dismiss Case for material default and after notice of hearing set for November 15, 2006, No appearance for debtor and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. 7')�j BY the`Coiu�t; 4_ —_�\ Aa4y Bnn rup. Jpdge' (BR) Tliis.document is el actronically-signed'anal;fled:on the. date. Date: November 24,2006 Case 1:06-bk-01532-MDF Doc 28 Filed 11/24/06 Entered 11/24/06 14:53;, 4-D,SQ& TREV 6/05 Main Document Page 1 of 1 Exhibit "D" 121260 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAVID L. JOHNSON Chapter: 13 MARY T. JOHNSON Debtor(s) Case Number: 1-06-bk-02785 RNO CHARLES J. DEHART, III CHAPTER 13 TRUSTEE Movant(s) vs. DAVID L. JOHNSON MARY T. JOHNSON Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion.to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Date: October 28, 2009 R4bert>N.0. Tip aar u4 Tdias a'ocuine'rif is electroraicadly,cigned arad filed on the sam;a date: �n MDPA-Dismiss Case.WPT-REV 03/09 Case 1:06-bk-02785-RNO Doc 93 Filed 10/28/09 Entered 10/28/09 16:16:58 Desc Main Document Page 1 of 1 Exhibit "E" 121260 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CASE NO.1:10-bk-04256 MDF DAVID LEROY JOHNSON A/K/A DAVID L.JOHNSON CHAPTER l3 MARY THERESE ANN JOHNSON A/K/A MARY THERESE JOHNSON A/K/A MARY T.JOHNSON Debtors 11 U.S.C.§362 GMAC MORTGAGE CORPORATION Movant V. DAVID LEROY JOHNSON A/K/A DAVID L.JOHNSON MARY THERESE ANN JOHNSON A/K/A MARY THERESE JOHNSON A/K/A MARY T.JOHNSON Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY UPON CONSIDERATION of Motion of GMAC MORTGAGE CORPORATION (Movant), and after Notice of Default and the filing of a Certification of Default,it is hereby: ORDERED AND DECREED that Relief from the Automatic Stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 26 WINDY HILL ROAD, NEWVILLE, PA 17241. (hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant to proceed with its rights under the terms of said Mortgage; and it is further ORDERED AND DECREED that Rule 4001(a)(3) is not applicable and GMAC MORTGAGE CORPORATION may immediately enforce and implement this Order granting Relief from the Automatic Stay. AO By tlieCourt, Chief Bankruptcy-Judge (ARP) Dated: January 19,2012 Case 1:10-bk-04256-MDF Doc 83 Filed 01/19/12 Entered 01/19/12 15:43:04 Desc Main Document Page 1 of 1 a Exhibit "F" 121260 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 15,2013 DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 RE: GMAC MORTGAGE CORPORATION v. DAVID L. JOHNSON and MARY T... JOHNSON,A/K/A MARY THERESE JOHNSON Premises Address: 26 WINDY HILL ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP,No..06-2914 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9); I.am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 5/21/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V truly y rs `o avian 1r1 Esq.,Id.No.208786 lbyfor Plaintiff Enclosure 121.260 i Name and Phelan Hailinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza o Philadel2hia,PA 19103 KVM c Line Article Number Name of Addressee Street and Post OMce Address Posta t N 1 '••* DAVID L.JOHNSON S0.46 w MARY T.JOHNSON 26 WINDY HILL ROAD tg NEWVILLE PA 17241 RE:DAVID L.JOHNSON CUMBERLAND PHS#12126011200 Page 1 of 1 50.46 a ? Tanl Nawba of - 7tla1 Nmnber of Pleoes tontnaaef,Per(Name of The full declaration of value o required on all domutic and imemationai registered=11. O o Pieoa toted by Sender Reeee+M N Aov 01fiu Reod,i.S�Plo)-) for the reeoaAtsactiun of twtme abk documents Hader E tmi W=Mail document mcoem Pic subjed to a limit of$500.000 pa occmmw.7be mavontnt indemnity payabic w Y! The maximum indenmity payobk is$75.000 for registered mml,sent with optiotml iamr Form 3877 Facsimile R900 5913 am 5921 for limitriom of � .. r. A i I I I 121260 Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff V. Civil Division DAVID L. JOHNSON CUMBERLAND County MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERESE JOHNSON Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 Phelan Hallinan,LLP DATE: V 3 By: Jonat M. t owicz,Esquire ATT RNEY FOR PLAINTIFF 121260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERESE JOHNSON Defendants RULE AND NOW, this day of 2013,. a Rule is eTitered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. c� ics rq—taltzeL rv,CO =;.r: —am u --s J. E4k6 w► -<> � _ �� `° ° ' cc r z) �. Jo1,Nst�J ;C -C c:sn -? sag/1 a 121260 Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP . 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 121260 121260 Phelan Hallinan,LLP Attorney for Plaintiff Troy Sellars, Esq., Id.No.210302 126 LOCUST STREET HARRISBURG,PA 17101 TEL: (215)563-7000 = GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Mco C— Plaintiff CIVIL DIVISION M C-7 �W- -lot V. NO. 06-2914 CD--q DAVID L. JOHNSON CUMBERLAND COUNTY--- MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel,Phelan Hallinan, LLP,petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 26 WINDY HILL ROAD, NEWVILLE, PA 17241 involved herein has been scheduled for June 5,2013. 2. Plaintiff has ordered a title report update in order to ensure we have notified all necessary lienholders and interested parties under Pa. R.C.P. 3129.1 and 3129.2. Plaintiff is still awaiting receipt of the update and cannot proceed to sale until it has confirmed that all required parties and lienholders are notified as required by law. 3. A one month postponement of the Sheriffs sale will provide the time necessary to review the title update and send out any additional notices required under Pa. R.C.P. 3129.1 and 3129.2 that may be needed. PHS# 121260 4. Unless the Court grants this Motion to postpone the Sheriff Sale, the Plaintiff will have to re-advertise the property to comply with Pa.R.C.P. 3129.2 which will result in additional costs to the parties. 5. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. 6. In accordance with Cumberland County Local Rule 2083(a)(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel' s office attempted to reach Defendants via telephone on June 4, 2013 however, Plaintiff does not have any active telephone numbers for the defendants. 7. In compliance with Cumberland County Local Rule 208.3(a)(2),Plaintiff avers that Judge Mary France entered an order for Automatic Relief from Bankruptcy Stay dated January 19, 2012. WHEREFORE,Plaintiff respectfully requests that the Sheriff s Sale of the mortgaged premises be continued to July 10, 2013. Phelan Hallinan, LLP Date: June 4, 2013 By: Troqfor , Id. No.210302 Attotiff PHS# 121260 Phelan HAllinan, LLP Attorney for Plaintiff Troy Sella\rs, Esq., Id. No.210302 126 LOCUST STREET HARRISBURG,PA 17101 TEL: (215)563-3000 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS' Plaintiff CIVIL DIVISION V. NO. 06-2914 DAVID L. JOHNSON CUMBERLAND COUNTY MARY T. JOHNSON A/KIA MARY THERESE JOHNSON Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff s Sale of real property by special order of Court. ' In the case sub judice, a Sheriffs Sale of the mortgaged premises known as 26 WINDY HILL ROAD, NEWVILLE, PA 17241 has been scheduled for June 5, 2013. However, a one month postponement is requested to ensure Plaintiff has notified all necessary lienholders and interested parties under Pa. R.C.P. 3129.1 and 3129.2. Plaintiff is still awaiting receipt of the update and cannot proceed to sale until it has confirmed that all required parties and Lienbolders are notified as required by law. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be injured by the granting of the relief requested. PHS# 121260 t WHEREFORE, Plaintiff respectfully requests a one month continuance of the Sheriffs Sale of the mortgaged premises to the July 10, 2013 Sheriff's Sale. Phelan Hallinan,LLP Date: June 4, 2013 By; �fi Troy Sellars, Vq., Id. No.210302 Attorney for Plaintiff PHS# 121260 Phelan Hallinan, LLP Attorney for Plaintiff Troy Sellars, Esq., Id.No.210302 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE CORPORATION COURT OF COMMON.PLEAS Plaintiff CIVIL DIVISION V. NO. 06-2914 DAVID L. JOHNSON CUMBERLAND COUNTY MARY T. JOHNSON A/K/A MARY THERESE JOHNSON : Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on June 4, 2013. DAVID L. JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD. NEWVILLE, PA 17241 Phelan Hallina , LLP Date: June 4, 2013 By: `V . 42- �^- Troy Sellar sq., Id.No.210302 Attorney for Plaintiff PHS# 121260 ' �!c FRB 1313,Jt# ' -� : � CUt,BERLAND COLIN7-y PENNSYLVANIA GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 06-2914 DAVID L. JOHNSON CUMBERLAND COUNTY MARY T. JOHNSON A/K/A MARY THERESE JOHNSON Defendants ORDER AND NOW,this day of June 2013, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 26 WINDY HILL ROAD,NEWVILLE, PA 17241 is postponed one months to the Sheriff s Sale scheduled for July 10, 2013. No further advertising or additional notice to lienholders or Defendants is required. However,the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: J. PHS# 121260 DISTRIBUTION LEGEND: OSEPH SCHALK,ESQUIRE D. TROY SELLARS,ESQUIRE PHELAN HALLINAN,LLP 126 LOCUST STREET HARRISBURG,PA 17101 ATTORNEYS FOR PLAINTIFF DAVID L. JOHNSON MARY T.JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 DEFENDANTS Lc /X , 3 4� Y PHS# 121260 v�F T1.1E P R 0 T H ON O ►Ak� Phelan Hallinan, LLP l j JUN -6 AM 10' 04 Allison F. Zuckerman, Esq., Id.No.309519 �NEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBER 11 � T T- One Penn Center Plaza BEN S L Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff : Civil Division vs. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERESE JOHNSON Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 29, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 Phelan in , LLP DATE: By: Allison F. - erman, Esq., Id.No.309519 Attorney for Plaintiff 121260 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division. vs. , CUMBERLAND CouriTw r, DAVID L. JOHNSON f�„� r''i✓ MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERESE JOHNSON Defendants �G MOTION TO MAKE RULE ABSOLUTE v -c GMAC MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 24, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 15, 2013. and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto,made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about May 29, 2013 directing the Defendants to show cause by June 18,2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on June 5, 2013 in accordance with'the applicable-rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 121260 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 18, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show. Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan DATE: I3 By: JonatkCh M.Etkowicz,Esq., Id. No.208786 Attorney for Plaintiff 121260 Exhibit "A" 121260 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 15,2013 DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 RE: GMAC MORTGAGE CORPORATION v.DAVID L. JOHNSON and MARY T. JOHNSON, A/K/A MARY THERESE JOHNSON Premises Address: 26 WINDY HILL ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP,No. 06-2914 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 5/21/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V truly y. rs. athrY ;, 1i -Z;,Esq.,Id.No.208786 A, irrWy,for Plaintiff Enclosure 121260 Name and Phelan Hallinan,LLP Address 16171FK Boulevard,Suite 1400 OCSender One Penn Center Plaza Philadelphia,PA 19103 KVMi N Line Article Number Name of Addressee Street and Post Office Address Posta 1 •"'* DAVID L.JOHNSON $0.46 1� MARY T.JOHNSON 26 WINDY HILL ROAD — NEWVILLE PA 17241 n t o RE:DAVID L.JOHNSON CUMBERLAND PBS#12126011200 Page I of 1 50.46 os 6 tYb i ToW lhunbcr of Taal Number of Wear Pastnaster,Per(Name o! The full deelam on of value o required on all domestic and vnernational repseercd mail. N 00 Pieces Lsted by Send" Rem;ttd at Poo OiTet ReeeiAuS Employee) for the tccoa>>netioo oreemeetoliatle dtxam"ds under EWw Mal doeumeul raamfu i piece xAject to admit oC$SDD,ODO per Oeearrenee. 11emv6awm6&-nhypsysbkor The muimum indeamily payable is S25.00D for registered mil,sew uiih optiotul incur R900 5913 and 5921 for lWinions of Form 3877 Facsimile I I ✓fit. F� I i I I i i 121260 1 t Exhibit "B" 121260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERESE JOHNSON Defendants RULE AND NOW,this 'L4 day of- /.•cry. ,,_,:2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT m TTl C-� 121260 Exhibit "C" Phelan Hallman, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of.Common Pleas Plaintiff Civil Division vs. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERE-SE JOHNSON Defendants ?�? CERTIFICATION OF..SERVICE I hereby certify that a true and correct copy of the Court's May 29, 2013 Rule directing the Defendants to show cause as to why Plaintiff's Motion to Reassess Damages should'i, Ube- granted was served upon the following individuals on the date indicated below. DAVID L. JOHNSON MARY T. JOHNSON : A/K/A MARY THERESE JOHNSON rig 26 WINDY HILL ROAD y C;, G NEWVILLE,PA 17241 pC ? ZO. C) C C C Phelan. :na ALP, DATE '_ By: `Allison F �<q Li'a- Esq, Id.No.309519 Attorney.for Plaintiff 121260 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GMAC MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County DAVID L. JOHNSON MARY T. JOHNSON No.: 06-2914 A/K/A MARY THERESE JOHNSON Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. DAVID L. JOHNSON MARY T. JOHNSON A/K/A MARY THERESE JOHNSON 26 WINDY HILL ROAD NEWVILLE, PA 17241 Phelan m , DATE: ZA:� l3 By: Jona M. Etkowicz,Esq., Id.No.208786 Attorney for Plaintiff 121260 { f t F' li��{ i� l 't � 4 U PHELAN HALLINAN,LLP f-1.0 �P`T`' All Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 ;) �,�� RD COURT { 1617 JFK Boulevard, Suite 1400 °EH115Y M411\ One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS v. : CIVIL DIVISION DAVID L.JOHNSON MARY T.JOHNSON A/K/A MARY THERESE : No.: 06-2914 JOHNSON Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit"A". %7 ; Adam H.Davis,Esquire ‘'7)-- S//3 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#121260 • • GMAC MORTGAGE CORPORATION • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION • v. • NO.: 06-2914 • DAVID L.JOHNSON • MARY T.JOHNSON AJK/A MARY THERESE JOHNSON ▪ CUMBERLAND COUNTY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 26 WINDY HILL ROAD, NEWVILLE,PA 17241. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DAVID L.JOHNSON 26 WINDY HILL ROAD NEWVILLE,PA 17241 MARY T.JOHNSON 26 WINDY HILL ROAD A/K/A MARY THERESE JOHNSON NEWVILLE,PA 17241 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) COMMONWEALTH OF PA DEPT.OF P.O.BOX 280946 REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0946 COMMONWEALTH OF PA DEPT.OF P.O.BOX 280948 REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0948 CITIBANK(SOUTH DAKOTA)N.A 701 E.60TH STREET N SIOUX FALLS,SD 57104-0432 CITIBANK(SOUTH DAKOTA),N.A.C/O 1060 ANDREW DR STE 170 BURTON NEIL,ESQ.BURTON NEIL& WEST CHESTER,PA 19380 ASSOCIATES,P.C. BANK OF AMERICA N.A. (USA) 4161 PIEDMONT PARKWAY GREENSBORO,NC 27410 BANK OF AMERICA N.A. (USA)C/O 1060 ANDREW DR STE 170 BURTON NEIL,ESQ.BURTON NEIL & WEST CHESTER,PA 19380 ASSOCIATES,P.C. PHS # 121260 • THOMAS SANGREY 717 MARKET STREET SUITE 222 LEMOYNE,PA 17043 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) FIRSTAR BANK,NA. 205 WEST 4TH STREET CINCINNATI,OH 45202 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 26 WINDY HILL ROAD NEWVILLE,PA 17241 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: d/Z tJ/A3 By: / '%/1.-.1.7d Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS # 121260 , Name sad Phelan Hal e,LI-P Address 111111101S 1617 JFK Boidevierst Suite 1400 :« Of Sender 013e Pant CeaterPlass Philadelphia,?A 19103 s is -3/6/13 SALE P/P TO 01/10/2013 a Line .Article Number Name a[41,,d4nssee,Stretet,and Poet Ottlee Address Pastsge Z. I 1 Thomas S®Ad ,1i_`, , '717 11tarIcet Street ""'4. t 0 .-- Suite 222 Lemoyne,PA 17043 � �. RE:DAVID L.J0110401I(C113111 11111./1.01D) PBS 012126011026 Nee 1 of 1' 45 Day $0A6 TaaiNtkebaar rosittosoterottrwes rosnisismrsccssmo at Tioe0dtd ats is aaaitdueaa.13cud isatustassitsisoss4 ant ills n *mil � t_ 19aanthdliba�Fadx 9Ee adaiPatafice Reciwarg6hnpfa�ue) fardticne aor doe ww3 E ss ial edeaaatstessa.s.tiaei 'a �" ,,:° e Pae wtyegba liniterninereeperecaerniee Iae talleektet Weiner Pnetes es Ewa 4.s.4.°z, % : 7leaea.aemie Oitlpy�irk A[cf.e∎arp(wsdmr,xatavtlthottia Lima imamate*.Se MO S913 ood S921 in tinetaaaa sf eveeaee. =' Form 38 F resimile .-,,14:41,:4 ',, alt Y PHS#121260 ig _ ..... ..,n =In L .+ at_ :Q ri� ft 1 * * * ** ' Z 4, * * * ,.,-, I- -----.-.v-3 ,owne.,,,:intvtl....,..”0:50g,Dig,-042.i52-1.0,...riz,,,,,,,„,4.zev ..01, .;,:g2 T 00 ;XO" 4-5a;gRi-/,'.1,-"j§. bt.105,c c;)%mg. A.00....0..d rvi.40.. R.1.4,,, filit., . i,., ...:cb ... eb .z -. ggt ..t:1 r. 0, -IglItv. '`.)- gl 8-4 g - i ''''" g 1" * `-' 7. "A'.. e-2;*.o.F.cv=31.1.zr,(1)*,0, i ebt ;..1E; E.,fa r 'l°H t� - ,„,,, ijp Ito!11s �a a u F be d fg. 1/ .0 oririv 'im',./ ''' ” I go- "'"'"{A,1 e-1 g-* it..... ..1 ,,,i-1 .t, g,.,,, ,,,,z, 4. a0c4g- r f o'-III d Y 111 i 2 4 7m 14 a 40 a t. tk4 P I1; all' ... -t, ,, . ig ,Itzi, 4 J. A o . 1 'i 1 _4 s s i % a v g - a , s USPOST Y a daratistirr ZIP 10103 .• ��� ° t 1- r!'4 too3att b rO 2; �..n • 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • Civil Division vs. <.:. • CUMBERLAND Coy DAVID L. JOHNSON -a `- 777'- MARY T. JOHNSON : No.: 06-2914 z �= ` f= A/K/A MARY THERESE JOHNSON • ci> tc.;.3 Defendants - .° ORDER t AND NOW, this /At" day of , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $128,751.66 Interest Through June 5, 2013 $29,602.64 Legal fees $5,350.00 Cost of Suit and Title $2,690.29 Sheriffs Sale Costs $721.93 Escrow Deficit $9,706.01 Suspense/Misc. Credits ($666.85) TOTAL $176,155.68 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. CO t' / lgC-`, BY THE COURT: J. E-1-kawe e..2, J. F'?. Jdj 121260 ` 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff p plc) titttr pt Cuutoo, Jody S Smith 44,0 Chief Deputy „, OC —7 P it I2• Richard W Stewart �U SE11LAtii) ,%, Jt f '" Solicitor O FICEOF`tsEwt4ERIFF PENN SYLVAN!A GMAC Mortgage Corporation vs. Case Number David L Johnson (et al.) 2006-2914 SHERIFF'S RETURN OF SERVICE 12/28/2012 12:23 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 26 Windy Hill Road, Newville, PA 17241, Cumberland County. 01/07/2013 04:05 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Mary T Johnson at 26 Windy Hill Road, Newville, PA 17241, Cumberland County. 01/07/2013 04:05 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: David L Johnson at 26 Windy Hill Road, Newville, PA 17241, Cumberland County. 02/21/2013 As directed by Francis Hallinan,Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 06/05/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/10/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on July 10, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $968.29 SO ANSWERS, September 27, 2013 RONR ANDERSON, SHERIFF gq.9O pal (' 0 a965.3e, c;Coun!ySuite Sheriff Telecsoft,Inc