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HomeMy WebLinkAbout06-6403PHELAN 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 15) 563-7000 143184 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. AMOS HOMAN A/K/A AMOS W. HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM / NO. 0(e -jot[b3 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 #: 143184 g 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 #: 143184 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: AMOS HOMAN A/K/A AMOS W. HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FREMONT INVESTMENT & LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1943, Page: 1035. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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 #: 143184 6. The following amounts are due on the mortgage: Principal Balance $108,513.55 Interest 4,235.00 06/01/2006 through 11/0 1 /2006 (Per Diem $27.50) Attorney's Fees 1,250.00 Cumulative Late Charges 107.41 01/13/2006 to 11/01/2006 Cost of Suit and Title Search 550.00 Subtotal $ 114,655.96 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 114,655.96 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 114,655.96, together with interest from 11/01/2006 at the rate of $27.50 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. PHELAN44ALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LA RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143184 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on Springfield Road in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Route No. 336, know as Springfield Road, which point is in the line of other lands of Grantors herein; thence along said other lands of Grantors herein, South 55 degrees 37 minutes 50 seconds West, 255.00 feet to an iron pin; thence continuing along other lands of Grantors herein, North 34 degrees 22 minutes 10 seconds West, 150.00 feet to an iron pin the southwest corner of Lot No. 8 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 8, North 55 degrees 37 minutes 50 seconds East, 255.00 feet to the centerline of Township Route No. 336, known as Springfield Road; thence along the centerline of said Road, South 34 degrees 22 minutes 10 seconds East, 150 feet to a railroad spike, the place of BEGINNING. CONTAINING 0.878 acres and being Lot No. 9 as shown on the Preliminary Final Subdivision Plan of George A. Stambaugh, prepared by Wilbur H. Clifton, Registered Surveyor, dated September 8, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 51, page 65. BEING THE SAME PREMISES which Amos W. Homan and Shari L. Homan, husband and wife, by deed dated June 28, 2001 and recorded June 29, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 247, page 939 granted and conveyed to Shari Homan, single person. PREMISES: 232 SPRINGFIELD ROAD File #: 143184 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. DATE: _Ilu ? ?)al- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ED Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation vs. Amos Homan a/k/a Amos W. Homan Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6403 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Amos Homan a/k/a Amos W. Homan, by first class mail and certified mail to the mortgaged premises, 232 Springfield Road, Newville, PA 17241, and in support thereof avers the following: 1. Attempts to serve Defendant, Amos Homan a/k/a Amos W. Homan, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 232 Springfield Road, Newville, PA 17241. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the deputy made numerous attempts but was unable to serve the complaint. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Halli L.L.P. B Danie . squire Attorney for Plaintiff Date: January 11, 2007 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation VS. Amos Homan a/k/a Amos W. Homan Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6403 Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to -Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Date: January 11, 2007 Respectfully submitted, Exh? b;t A SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06403 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOMAN AMOS AKA AMOS W HOMAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOMAN AMOS AKA AMOS W HOMAN but was unable to locate Him in his bailiwick. He therefore returns the the within named DEFENDANT NOT FOUND as to HOMAN AMOS AKA AMOS W HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO MAKE SERVICE. Sheriff's Costs: So answers: Docketing 18.00x` Service 21.12 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 54.12 PHELAN HALLINAN SCHMIEG 12/04/2006 Sworn and Subscribed to before me this day of A.D. . ,?,;? ? ???? N FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 143184 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Amos Homan Property Address: 232 Springfield Road, Newville, PA 17241 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Amos Homan -177-42-0616 B. EMPLOYMENT SEARCH Amos Homan - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Amos Homan reside(s) at: 232 Springfield Road, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Amos Homan. B. On 10-24-06 our office made several telephone calls to the phone number (717) 386- 9278 and received the following information: no answer. On 10-24-06 our office made several telephone calls to the phone number (717) 776-5640 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 10-25-06 our office made several phone calls in an attempt to contact Roy M. Franklin (717) 776-5678, 212 Springfield Road, Newville, PA 17241: no answer. On 10-25-06 our office made several phone calls in an attempt to contact R. Johns (717) 776-7475, 215 Springfield Road, Newville, PA 17241: answering machine. On 10-25-06 our office made several phone calls in an attempt to contact Mary Brenize (717) 776-4744, 220 Springfield Road, Newville, PA 17241: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-25-06 we reviewed the National Address database and found the following information: Amos Homan - 232 Springfield Road, Newville, PA 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Amos Homan. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-25-06 Vital Records and all public databases have no death record on file for Amos Homan. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Amos Homan residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Amos Homan - 08-25-1960 B. A.K.A. Amos W. Homan * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of October, 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, c leg, I?attYei squire Attorney for Plaintiff Date: January 11, 2007 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Vs. Amos Homan a/k/a Amos W. Homan Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6403 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Amos Homan a/k/a Amos W. Homan at: 232 Springfield Road Newville, PA 17241 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan.%-8tivr e2. L.L.P. Y?...... -1 -t Date: January 11, 2007 Attorney for r.,,, ? ? ?-s. ? _3 t ---{ ?,. _ ? r? ?' ? f°,,? , ' s -? 't ?'... ?.J PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. AMOS HOMAN A/K/A AMOS W. HOMAN Defendants CUMBERLAND COUNTY No. 06-6403 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Januag 11, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION PHELAN HALLINAN & SC IEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 143184 IT, rye SHERIFF'S RETURN - NOT FOUND CASE'NO: '2006-06403 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOMAN AMOS AKA AMOS W HOMAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOMAN AMOS AKA AMOS W HOMAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 232 SPRINGFIELD ROAD NOT FOUND , as to HOMAN AMOS AKA AMOS W HOMAN NEWVILLE, PA 17241 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE. Sheriff's Costs: So answers: j Docketing 18.00 Service 21.12 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 54.12v/ PHELAN HALLINAN SCHMIEG 12/04/2006 Sworn and Subscribed to before me this day of , A. D. ?r ON182oo7e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation vs. Amos Homan a/k/a Amos W. Homan ORDER AND NOW, this /G CIVIL DIVISION NO. 06-6403 Civil Term day of 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Amos Homan a/k/a Amos W. Homan, by: 1. First class mail to Amos Homan aWa Amos W. Homan at the mortgaged premises located at 232 Springfield Road, Newville, PA 17241; and 2. Certified mail to Amos Homan aWa Amos W. Homan at the mortgaged premises located at 232 Springfield Road, Newville, PA 17241. RV TAF d"nITRT• ?¢ Q 5.31 U- ELL, r ? LL- Q o 1 v o _ 't r1 v PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage Corporation Plaintiff VS. Amos Homan a/k/a Amos W. Homan Defendant ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 06-6403-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Amos Homan a/k/a Amos W. Homan at 232 Springfield Road, Newville, PA 17241, on February 12, 2007, in accordance with the Order of Court dated January 16, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: February 12, 2007 F NCIS S. HALL AN, ESQUIRE Attorney for Plaintiff C`t Q n Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney' Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION CUMBERLAND COU. Plaintiff, COURT OF COMMO] V. CIVIL DIVISION AMOS HOMAN A/K/A AMOS W. HOMAN NO. 06-6403 CIVIL T: Defendant(s). Plaintiff PLEAS AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the a ove captioned matter was sent by regular mail and certified mail, return receipt requested, t AMOS HOMAN A/K/A AMOS W. HOMAN on MARCH 21, 2007 at 232 SPRINGFIEL ROAD, NEWVILLE, PA 17241 in accordance with the Order of Court dated JANUARY 16, 007. The undersigned understands that this statement is made subject to the penalti s of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. P(H?ELAN LINAN & SC MIEG, LLP By: l Ali 9&A 1? Dated: April 5, 2007 s -? 7160 39M 9849 9378 4295 i TO: i .. AMOS HOMAN A/K/A AMOS W. HOMAN 232 SPRINGFIELD ROAD 1 i SENDER: NEWVILLE, PA 17241 i REFERENCE: TEAM4/AXA 0835013005 J PS Forth 388 2005 PAIGE i RETURN Postage i RECEIPT CM Fee . SERVICE Retum Receipt Fee . ResMcftd Del .2.40 Taal Postage d Fees US Pww SeMce 4.64 lop I Receipt for ,?- Certified Mail ( - - ------- - ---- ------- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation VS. Amos Homan a/k/a Amos W. : Homan CIVIL DIVISION NO. 06-6403 Civil Term ORDER AND NOW, this 1G ft- day of '2007, c consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain Complaint and all future pleadings on the above captioned Defendant, Amos Homan Homan, by: 1. First class mail to Amos Homan a/k/a Amos W. Homan at the mortga premises located at 232 Springfield Road, Nevwille, PA 17241; and 2. Certified mail to Amos Homan a/k/a Amos W. Homan at the mortgag located at 232 Springfield Road, Newville, PA 17241. BY THE COURT: J. TRUE COPY FROM ,Tftq whereof, I Here a the ski of sand Cwt ? ? hk I/-'!L .4- &A 200,,,, of the Amos W. premises ale, A C) -n 4l l y 7 ? t Fn ` (j ti 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 Plaintiff, V. AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 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 AMOS HOMAN A/K/A AMOS W. HOMAN and , 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 $114,655.96 Interest from 11/02/06 to 03/21/07 $3,850.00 TOTAL $118,505.96 0 DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: oZ01?7 PRO OTHY 143184 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. 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. AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 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 AMOS HOMAN A/K/A AMOS W. HOMAN is over 18 years of age and resides at, 232 SPRINGFIELD ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 06 0111 DANIEL G. SCH EG, ESQU Attorney for Plaintiff CJ t"°,' mac,; > C, co C.r3 _O A (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 Plaintiff, V. AMOS HOMAN A/K/A AMOS W. HOMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 Defendant(s). ANIEL G. SCHMIEG, ESQU 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. Notice is given that a Judgment in the above-captioned matter has been entered against you on A? 2007. By: If you have any questions concerning this matter, please contact: f OP% (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. No. 06-6403 AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 03/21/07 to SEPTEMBER 9, 2007 (per diem -$19.48) $118,505.96 $ 2,193.93 $3,292.12 and Costs TOTAL $123,992.01 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban S ti 1617 John F. Kennedy Boulevard, uite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143184 '? d O ? d p O ? d ? ' U O ? O oA a d w,? d ? ? V ~` U Pq .. >- `O CC) - "" C j r = ca 7:Z t "it N r d a W d a a? w A a M a? 45 w "T 161 q?j ..1 M :z 'tD' '(?j-? .-V DESCRIPTION ALL THAT CERTAIN lot of ground situate on Springfield Road in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Route No. 336, know as Springfield Road, which point is in the line of other lands of Grantors herein; thence along said other lands of Grantors herein, South 55 degrees 37 minutes 50 seconds West, 255.00 feet to an iron pin; thence continuing along other lands of Grantors herein, North 34 degrees 22 minutes 10 seconds West, 150.00 feet to an iron pin the southwest corner of Lot No. 8 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 8, North 55 degrees 37 minutes 50 seconds East, 255.00 feet to the centerline of Township Route No. 336, known as Springfield Road; thence along the centerline of said Road, South 34 degrees 22 minutes 10 seconds East, 150 feet to a railroad spike, the place of BEGINNING. CONTAINING 0.878 acres and being Lot No. 9 as shown on the Preliminary Final Subdivision Plan of George A. Stambaugh, prepared by Wilbur H. Clifton, Registered Surveyor, dated September 8, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 51, page 65. BEING THE SAME PREMISES which Amos W. Homan and Shari L. Homan, husband and wife, by deed dated June 28, 2001 and recorded June 29, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 247, page 939 granted and conveyed to Shari Homan, single person. PARCEL IDENTIFICATION NO: 46-10-0618-024 CONTROL #: 46001495 Premises: 232 Springfield Road, Newville, PA 17241 West Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amos Homan, an unmarried man, by Deed from Shari Homan, an unmarried woman who acquire title as Shari Homas, a single person, dated 12/23/2005, recorded 03/14/2006, in Deed Book 273, page 2674. 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 Plaintiff, V. . AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 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. 1 I a'kd DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 29 ?_ Cf r co ?r `_} -£ cn ?GMAC MORTGAGE CORPORATION Plaintiff, V. AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 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 ,232 SPRINGFIELD 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) AMOS HOMAN A/K/A AMOS W. HOMAN 232 SPRINGFIELD ROAD 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) UNITED STATES OF AMERICA NO ADDRESS PROVIDED 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) UNITED STATES OF AMERICA, ACTING THROUGH FARMERS HOME ADMINISTRATION NO ADDRESS PROVIDED 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 SHARI HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 NO ADDRESS PROVIDED 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 uns rn falsification to authorities. March 21, 2007 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff t ; aml p cJr?,;. P-j ,' j m GMAC MORTGAGE CORPORATION Plaintiff, V. AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). CUMBERLAND COUNTY No. 06-6403 March 21, 2007 TO: AMOS HOMAN A/K/A AMOS W. HOMAN 232 SPRINGFIELD 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 232 SPRINGFIELD ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 9, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $118,505.96 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 J ALL THAT CERTAIN lot of ground situate on Springfield Road in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Route No. 336, know as Springfield Road, which point is in the line of other lands of Grantors herein; thence along said other lands of Grantors herein, South 55 degrees 37 minutes 50 seconds West, 255.00 feet to an iron pin; thence continuing along other lands of Grantors herein, North 34 degrees 22 minutes 10 seconds West, 150.00 feet to an iron pin the southwest comer of Lot No. 8 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 8, North 55 degrees 37 minutes 50 seconds East, 255.00 feet to the centerline of Township Route No. 336, known as Springfield Road; thence along the centerline of said Road, South 34 degrees 22 minutes 10 seconds East, 150 feet to a railroad spike, the place of BEGINNING. CONTAINING 0.878 acres and being Lot No. 9 as shown on the Preliminary Final Subdivision Plan of George A. Stambaugh, prepared by Wilbur H. Clifton, Registered Surveyor, dated September 8, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 51, page 65. BEING THE SAME PREMISES which Amos W. Homan and Shari L. Homan, husband and wife, by deed dated June 28, 2001 and recorded June 29, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 247, page 939 granted and conveyed to Shari Homan, single person. PARCEL IDENTIFICATION NO: 46-10-0618-024 CONTROL #: 46001495 Premises: 232 Springfield Road, Newville, PA 17241 West Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amos Homan, an unmarried man, by Deed from Shari Homan, an unmarried woman who acquire title as Shari Homas, a single person, dated 12/23/2005, recorded 03/14/2006, in Deed Book 273, page 2674. C? ? n -n n F - r -? rn '' - t - CO M t - -l. _ Cr! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6403 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From AMOS HOMAN A/K/A AMOS W. HOMAN (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 $118, 505.96 L.L. $.50 Interest FROM 3/21/07 TO 9/5/07 (PER DIEM - $19.48) - $3.292.12 AND COSTS Atty's Comm % Atty Paid $150.12 Plaintiff Paid Date: APRIL 2, 2007 (Seal) Due Prothy $2.00 Other Costs ADD'L COST - $2,193.93 AJ &:?&L Curti . Long, P n tary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 SALE DATE: NOVEMBER 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION VS. AMOS HOMAN A/K/A AMOS W. HOMAN No.: 06-6403 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 232 SPRINGFIELD ROAD, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: October 3, 2007 143184 r- C-) Z_ GMAC MORTGAGE CORPORATION Plaintiff, V. AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 AMENDED 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 ,232 SPRINGFIELD ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name AMOS HOMAN A/K/A AMOS W. HOMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 232 SPRINGFIELD ROAD 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 UNITED STATES OF AMERICA Bureau of Compliance PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION Last Known Address (if address cannot be reasonably ascertained, please indicate) c/o J. Justin Blewitt, Jr., Esquire Assistant U.S. Attorney P.O. Box 309 Scranton, PA 18501 Department 180946 Harrisburg, PA 19040 ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 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) UNITED STATES OF AMERICA, ACTING THROUGH FARMERS HOME ADMINISTRATION United States Department of Agriculture 14th & Independence SW Washington, DC 20501-0001 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 SHARI HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 c/o Michael T. McKeever, Esquire 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 3, 2007 '/Ola/lyJ ?' AA I DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff rn ?' `'' iv f D >n -V 00 W w N O z D .? Q+ ? t1 n m°n t9 ? 0 a ° n C7 x 00 C6, ff, n 0 M 7 z Z? O? `? x ?x ti C" a V? G? r b ?, a O n d r Y a? ?? b r? A ? ?, 00 c m z roC Oo Zn Cr"' N ? Ct1 Z 9 LC?'' ? Q 't`7 G. tTl Oho 0 g m z ?? y r 0 g? ?' r a ?nn w?C$? ? rOy Y ? ?d O O `? Vf?°no t/? 0 X in "'+ o r tri A 9 Z ?ryj Cr7 00 a. ? ? o ? ? o ? tom.., io ?, ?N' S b (n '? J W ° ? y CCC??? rr1 ° y?P PN PA 19 02 1M $ 42.8 e e - 0004218010 OCT 03 20 7 1 R MAILED FROM ZIP CODE 19 10 N ??gw ?N?o t°'; ,?? _ .? ?? - `=? _.?, z? <--? •-? _ ;_' ?? ;E`; ?? _r. ?' -. J r :....., -; ::?' C? -.. a ,, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. . AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to AMOS HOMAN A/K/A AMOS W. HOMAN on OCTOBER 3, 2007 at 232 SPRINGFIELD ROAD, NEWVILLE, PA 17241 in accordance with the Order of Court dated JANUARY 16, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN .14ALLINAN & SCHMIEG, LLP By: QIIEL I , ESQUIRE Dated: October 9, 2007 ? r \ X11116 2001„a./ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation CIVIL DIVISION VS. NO. 06-6403 Civil Term Amos Homan a/k/a Amos W. Homan ORDER AND NOW, this day of , 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Amos Homan a/k/a Amos W. Homan, by: 1. First class mail to Amos Homan a/k/a Amos W. Homan at the mortgaged premises located at 232 Springfield Road, Newville, PA 17241; and 2. Certified mail to Amos Homan a/k/a Amos W. Homan at the mortgaged premises located at 232 Springfield Road, Newville, PA 17241. BY THE COURT: k i - 4".U, - X" J. TRUE COPY FROM RECOREj Ted whereof, I here ufo set aw haws td the sW of said C at Catliste. P& J4 = y ? Proftwftri ?, '? ?,. ? ? ?, ?: '?- ? ? ?, _.a. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which ACT Properties LLC is the grantee the same having been sold to said grantee on the 9th day of Jan A.D., 2008, under and by virtue of a writ Execution issued on the 2nd day of April, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6403, at the suit of GMAC Mtg Corp against Amos Homan aka Amos W Homan is duly recorded as Instrument Number 200804987. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this e2? z '41- day of A.D er Hewroer of DeGas, Cum srWW County, CadWg, pA My Commission Expires the First Monday 01 Jan. 2010 GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Amos Homan a/k/a Amos W. Homan Writ No. 2006-6403 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Amos Homan a/k/a Amos W. Homan, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Execution, Notice of Sheriffs Sale and Description, in the above entitled action, as NOT FOUND, as to the defendant, Amos Homan a/k/a Amos W. Homan. The house located at 232 Springfield Road, Newville, Cumberland County, Pennsylvania is vacant. The Newville Post Office does not have a forwarding address for Amos Homan. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2007 at 1330 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 Amos Homan a/k/a Amos W. Homan located at 232 Springfield Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Amos Homan a/k/a Amos W. Homan, by regular mail to his last known address of 232 Springfield Road, Newville, PA 17241. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on January 9, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of ACT Properties, LLC. It being the highest bid and best price received for the same, ACT Properties, LLC of 3815 South West Temple, Salt Lake City, UT 84165, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,151.29. Sheriffs Costs: Docketing $30.00 Poundage 21.79 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 12.48 Levy 15.00 Surcharge 20.00 Postpone Sale 40.00 Law Journal 443.00 Patriot News 398.33 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,151.29 A' CI& d,, , .?6 s So Answers: R. Thomas Kline, Sheriff BY % vyU, Real Estate ergeant r GMAC MORTGAGE CORPORATION r Plaintiff, V. AMOS HOMAN A/K/A AMOS W. HOMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6403 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 ,232 SPRINGFIELD 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) AMOS HOMAN A/K/A AMOS W. HOMAN 232 SPRINGFIELD ROAD 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) UNITED STATES OF AMERICA NO ADDRESS PROVIDED Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNITED STATES OF AMERICA, ACTING THROUGH FARMERS HOME ADMINISTRATION NO ADDRESS PROVIDED 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 SHARI HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 NO ADDRESS PROVIDED 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 uns rn falsification to authorities. r, .t ` I \ March 21, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff WJVVI/VVL GMAC MORTGAGE CORPORATION Plaintiff, V. AMOS ROMAN AWA AMOS W. HOMAN Defendant(s). CUMBERLAND COUNTY No. 06-6403 May 16, 2007 TO: AMOS HOMAN AWA AMOS W. HOMAN 232 SPRINGFIELD ROAD NEWVILLE, PA 17241 ''THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT .4 DEBT AND ANY INFOnUTION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE LN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A7TEMPT TO COLLECT A DEBT,, BUT ONLY ENFORCEMENT OF A LIE AGAINST PROPERYT " Your house (real estate) a 232 SPRINGFIELD ROAD WVILLE PA 17241 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of S111,505.96 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. to uuz/vuz 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 E ABLE-TO SA OUR PROPERTY AND YOU HAVE OT ER 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) 563-7„000. 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 (I0) 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 o 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 DESCRIPTION ALL THAT CERTAIN lot of ground situate on Springfield Road in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Route No. 336, know as Springfield Road, which point is in the line of other lands of Grantors herein; thence along said other lands of Grantors herein, South 55 degrees 37 minutes 50 seconds West, 255.00 feet to an iron pin; thence continuing along other lands of Grantors herein, North 34 degrees 22 minutes 10 seconds West, 150.00 feet to an iron pin the southwest corner of Lot No. 8 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 8, North 55 degrees 37 minutes 50 seconds East, 255.00 feet to the centerline of Township Route No. 336, known as Springfield Road; thence along the centerline of said Road, South 34 degrees 22 minutes 10 seconds East, 150 feet to a railroad spike, the place of BEGINNING. CONTAINING 0.878 acres and being Lot No. 9 as shown on the Preliminary Final Subdivision Plan of George A. Stambaugh, prepared by Wilbur H. Clifton, Registered Surveyor, dated September 8, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 51, page 65. BEING THE SAME PREMISES which Amos W. Homan and Shari L. Homan, husband and wife, by deed dated June 28, 2001 and recorded June 29, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 247, page 939 granted and conveyed to Shari Homan, single person. PARCEL IDENTIFICATION NO: 46-10-0618-024 CONTROL 4: 46001495 Premises: 232 Springfield Road, Newville, PA 17241 West Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amos Homan, an unmarried man, by Deed from Shari Homan, an unmarried woman who acquire title as Shari Homas, a single person, dated 12/23/2005, recorded 03/14/2006, in Deed Book 273, page 2674. WRIT OF EXECUTION and/or ATTACHMENT ~ COMMONWEALTH OF PENNSYLVANIA) NO 06-6403 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 AMOS HOMAN A/K/A AMOS W. HOMAN (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 $118, 505.96 L.L. $30 Interest FROM 3/21/07 TO 9/5/07 (PER DIEM - $19.48) - $3.292.12 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $150.12 Other Costs ADD'L COST - $2,193.93 Plaintiff Paid Date: APRIL 2, 2007 Curtis W. Long, Protho (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 r r- Real Estate Sale # 04 On April 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 232 Springfield Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 13, 2007 By: 0 cr Real Esta e Sergeant t 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #4 Sworn to and subscribed before rr Q f August 2007 A.D. erry uw? r4sic E:ittJ Cf i-{arri;;:;;L;r?j, ?.;:.,f:fiifi ?iG'u't!V _y Commission Expiry: I rQjPt., Aflnnr?n,?ota N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 WWWWo VRAt ly. DWM SdOdog ALL THAT CERTAIN lot of grouse situate on S7 4W Road in %0,:fttoodm Tn m ft, Cumberland Cgfty; Tevapykao* more particuWuly bounded and domed as #omws: BBU NNING at a point in the cwtkiine of Towoshp Rom No. 3436, bow as Springfield Road, which paint is rat tic 16P4 other lands of Grantors )tee thw!ace otha lands of Granhors, ieit4 Soulb 37 minus 50 seconds %st, 255.00 feet in an iron pin;, fence con6eaaoga ong other) of arjuimberi North 34 degrees 22 missies 10 seconds Wiest, 150:00 foot to an kon, pin die seedtwea corner of Lot No. 8 as shuiv on the Kerr med aced Pbra of Lots; deuce along said Lod No. & North 55 dam, 37 mks 50 seconds East, 255V fed m dr cawlme of lbwadop Rome No. 336, known as Sptmglir3d Road; thence *% the coul2bee of said Rood, South 34 degrees 22 minifies 10 seconds East, 150 feet to a rW oad fie. the peace of BEGINIM. C* TAWM 0.878 arses and being Lot No. 9 as shown on the Prehvir ery FhW Subdiu wn Plan of George A. Stambaugh, prepared by Wgur H. Clifton, Registered Surveyor, dated Septeornber 8, 199 and recorded in the Office of the Recorder of Deeds in and for Cumberland Coudy in Plan Bork 51, page 65. BHNG TM SAM Ply winch Amos W Homon and Shari L. Hoimea, hufaud and wife, by deed doled hate 28,2M and recorded Jme 29, 2001 in the office of the Recorder of Deeds in and for Cm*dnd Couody in Deed Book 247, page 939 Paoled and coaveyed to Shari Homan, s*k pans. PARCEL METfff0l ON NO, 46.10MI& 024 v CONTROL*. 40MI495 Premises: 232 Sptin&M Rmd;; Nvwvik PA 17241 West Pennsbao Tawoship, tad Coady Pennsylvania TTTIL TO SAID PR'&hIISES IS VES H)1N Amos Boma, m umWerried mar,. by Deed from Shari Boman, an unmaned wean who aapue title as Sheri Ham& , a single person, dMod 12J 23rM, oaeeded 0(#1 Q09k in Deed Book 273, page 2674. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 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. r a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 3 -day of August. 2007 Notary NOTARIAL SEAL DESORM A COLONS Notary Pubkc CARUSLE SORO, CUMBERLAND COUNTY My Cf"kk n Eq*08 Apr ZB, 2010 REAL ESTATE SALE NO. 4 Writ No. 2006-6403 Civil GMAC Mortgage Corporation vs. Amos Homan a/k/a Amos W. Homan Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situate on Springfield Road in West Pennsboro Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows: BEGINNING at a point in the centerline of Township Route No. 336, know as Springfield Road, which point is in the line of other lands of Grantors herein; thence along said other lands of Grantors herein, South 55 degrees 37 minutes 50 seconds West, 255.00 feet to an iron pin; thence continuing along other lands of Grantors herein, North 34 degrees 22 minutes 10 seconds West, 150.00 feet to an iron pin the southwest corner of Lot No. 8 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 8, North 55 degrees 37 minutes 50 seconds East, 255.00 feet to the centerline of Township Route No. 336, known as Springfield Road; thence along the centerline of said Road, South 34 degrees 22 minutes 10 seconds East, 150 feet to a railroad spike, the place of BEGINNING. CONTAINING 0.878 acres and be- ing Lot No. 9 as shown on the Prelimi- nary Final Subdivision Plan of George A. Stambaugh, prepared by Wilbur H. Clifton, Registered Surveyor, dated September 8, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 51, page 65. BEING THE SAME PREMISES which Amos W. Homan and Shari L. Homan, husband and wife, by deed dated June 28, 2001 and recorded June 29, 2001 in the Office of the Recorder of Deeds in and for Cum- berland County in Deed Book 247, page 939 granted and conveyed to Shari Homan, single person. PARCEL IDENTIFICATION NO: 46-10-0618-024. CONTROL #: 46001495. Premises: 232 Springfield Road, Newville, PA 17241; West Penns- boro Township, Cumberland County Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amos Homan, an un- married man, by Deed from Shari Homan, an unmarried woman who acquire title as Shari Homas, a single person, dated 12/23/2005, recorded 03/14/2006, in Deed Book 273, page 2674.