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HomeMy WebLinkAbout07-2831PHELAN HALLINAN & SCHMIEG, LLP 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 154151 ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE MAIL STATION CIVIL DIVISION O'FALLON, MO 63368-2240 TERM Plaintiff V. NO. 07. aZ p3/ CUMBERLAND COUNTY JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 154151 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 #: 154151 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 File #: 154151 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 #: 154151 Plaintiff is CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/23/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1767, Page: 1968. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2007 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 #: 154151 6. The following amounts are due on the mortgage: Principal Balance $76,022.09 Interest $2,457.60 12/01/2006 through 05/09/2007 (Per Diem $15.36) Attorney's Fees $1,250.00 Cumulative Late Charges $268.50 07/23/2002 to 05/09/2007 Cost of Suit and Title Search 550.00 Subtotal $80,548.19 Escrow Credit $0.00 Deficit $63.86 Subtotal $63.86 TOTAL $80,612.05 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 154151 9. 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. 10. 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 $80,612.05, together with interest from 05/09/2007 at the rate of $15.36 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 HALL AN & SCHMIEG, LLP By: 41sZ><s S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 154151 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF LAND IN TOWNSHIP OF EAST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PA. AR MORE FULLY DESCRIBED IN BOOK X-28, PAGE 168 ID#04-12-3945-071, BEING KNOWN AND DESIGNATED AS LOT NO. 38 AND THE EASTERN 15 FEET OF LOT BO. 39, SECTION A, PLAN OF SUMMERDALE, FILED IN PLAT BOOK PLAN BOOK VOLUME 1 AT PAGE 44. SURVEY OF D. P. RAFFENOERGER ASSOCIATES, DATED 03/18/1980. BEING THE SAME PROPERTY CONVEYED BY FEE SIMPLE DEED FROM DARRYL E. KROH TO WILLIAM H. METZGER, III HUSBAND AND JOANNE L. METZGER, WIFE, DATED 03/27/1980 RECORDED ON 03/28/1980 IN BOOK X-28, PAGE 168 IN CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PA. BEING premises which are more fully described in a deed dated the 5th day of AUGUST, 2002, and recorded in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Record Book X-28, Page 168. PARCEL: 09-12-2995-071 PROPERTY BEING: 204 VALLEY ROAD File #: 154151 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing 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. 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:O ?? N Q JLJ CG C ?y ra c:7.a tt7 °C VJ PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS V. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2831 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: Francis S. Hallinan, Esquire Dated: `3 0 Attorney for Plaintiff ? ?/? ? VERIFICATION Scott Scheiner hereby states that he/she is Assistant Vice President of CITIMORTGAGE, INC., mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Scott Scheiner Assistant Vice President DATE: May 16, 2007 Company: CITIMORTGAGE, INC. Loan 154151 ? C. N ? _.., ?} '' •""? ? £" W <::1"' -_ x7' :? t"j r? 1;. ? vi7 ?r •-t w 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 CITIMORTGAGE INC. Plaintiff vs. JOANNE L. METZGER WILLIAM H. METZGER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 07-2831 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. HALLINAN & (SCHMIEG. LLP By: F CIS S. HALLINAN, ESQUIRE A RENCE T. PHELAN, ESQUIRE A IEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 11, 2007 /lxh, Svc Dept. File# 154151 -kal n C- SHERIFF'S RETURN - NOT FOUND I CASE NO: 2007-02831 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS METZGER JOANNE L ET AL 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 METZGER JOANNE L but was unable to locate Her in his bailiwick !"nMnT.T TTTT wxnnT 1-1nnT, He therefore returns the the within named DEFENDANT , METZGER JOANNE L NOT FOUND , as to 204 VALLEY ROAD SUMMERDALE, PA 17093 204 VALLEY ROAD SUMMERDALE APPEARS VACANT. Sheriff's Costs: Docketing 18.00 Service 15.36 Not Found 5.00 Surcharge 10.00 .00 Bln3tai - 48.36 R. Thomas Kline She ff of Cumberland County ELAN HALLINAN SCHMIEG 07/02/2007 Sworn and Subscribed to before me this day of A. D. So SHERIFF'S RETURN - NOT FOUND ,CASE NO: 2007-02831 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS METZGER JOANNE L ET AL 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 METZGER WILLIAM H AKA WILLIAM J METZGER JR AKA WILLIAM HENRY but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT J METZGER JR AKA WILLIAM HENRY, 204 VALLEY ROAD NOT FOUND , as to METZGER WILLIAM H AKA WILLIAM SUMMERDALE, PA 17093 204 VALLEY ROAD SUMMERDALE APPEARS VACANT. Sheriff's Costs: So an Docketing 6.00 Service .00 Not Found 5.00 R. "Thomas Kline Surcharge 10.00 Sh iff of Cumberland County .00 y'D3I61 CA.4/ 21.00 HELAN HALLINAN SCHMIEG 07/02/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY -CASE NO: 2007-02831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS METZGER JOANNE L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: METZGER JOANNE L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 2nd , 2007 , this office was in receipt of the attached return from DAUPHIN /7 . Sheriff's Costs: So a Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Dep Dauphin County 41.25 Sh Postage 1.83 68 . 08 ? L, Poa/',D 07/02/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , Komas Kline iff of Cumberland County A. D. SHERIFF'S RETURN - OUT OF COUNTY -CASE NO: 2007-02831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS METZGER JOANNE L ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: METZGER WILLIAM H AKA WILLIAM H METZGER JR AKA WILLIAM HENRY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 2nd , 2007 , this office was in receipt of the attached return from DAUPHIN ---I Sheriff's Costs: Docketing Out of County Surcharge Sheriff or Deputy Sheriff who being So 6.00 .00 10.00 .i' .00 ? S r .00 16.00 ? 9m p 69 07/02/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of 6omas Kline iff of Cumberland County A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Citimortgage Inc vs. Joanne L. Metzger et al No. 07-2831 civil SERVE: Joanne L. Metzger Now, May 11,`2007 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, - , 20 , at O'clock M. served the within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA mifire of t4E,*hrxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • CITIMORTGAGE INC vs • METZGER JOANNE L Sheriff's Return No. 0710-T - - -2007 OTHER COUNTY NO. 07 2831 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for METZGER JOANNE L the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 10, 2007 MADE ATTEMPTS, NO SERVICE BEFORE EXP Sworn and subscribed to before me this 14TH day of JUNE, 2007 So Answers, ? )( e?? NOTARIAL, SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PAID BY COUNTY BRESSLE .In The Court of Common Fleas of Cumberland. County, Peniasylvahia Citimortgage Inc vs. Joanne L. Metzger et al 07-2831 civil SERVE: William H. Metzger aka William H. Metzger IPP. aka William Henry Metzger Now, May 11, ` 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20 , at o'clock copy of the original and made known to So answers, M. served the the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA Office of 14je o 4rrfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CITIMORTGAGE INC vs County of Dauphin METZGER JOANNE L Sheriff's Return No. 0710-T - - -2007 OTHER COUNTY NO. 07 2831 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for METZGER WILLIAM AKA WILLIAM H METGER III AKA WILLIAM HENRY METZGER the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 10, 2007 MADE ATTEMPTS, NO SERVICE BEFORE EXP Sworn and subscribed to before me this 14TH day of JUNE, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, ? (I e;l*? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PAID BY COUNTY BRESSLE SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS METZGER JOANNE L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: METZGER JOANNE L but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE On July 2nd , 2007 , this office was in receipt of the attached return from DAUPHIN „ Sheriff's Costs: So ans r Docketing 18.00 Out of County 9.00 Surcharge 10.00 R/eff mas nine Dep Dauphin County 37.25 Sof Cumberland County Postage 1.83 7 6. 0 8 ? IJ03/6ff 07/02/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of County, Pennsylvania, to in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS METZGER JOANNE L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: METZGER WILLIAM H AKA WILLIAM H METZGER III AKA WILLIAM HENR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 2nd , 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So w Docketing 6.00 Out of County .00 Surcharge 10.00 R. hom Kline .00 S eriff of Cumberland County .00 16. 00 07/02/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Citimortgage Inc vs. Joanne L. Metzger et al SERVE: Joanne L. Metzger No. 07-2831 civil June 18, 2007 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, Affidavit of.Service 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, Sheriff of copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof County, PA off-tce of t4e (?*4ertff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CITIMORGAGE INC vs County of Dauphin METZER JOANNE L Sheriff's Return No. 0941-T - - -2007 OTHER COUNTY NO. 07 2831 AND NOW:June 25, 2007 at 11:12AM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE upon METZER JOANNE L to JOANNE L METZER by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at NF STRING 1380 HOWARD STREET HARRISBURG, PA 17104-0000 Sworn and subscribed to before me this 25TH day of JUNE, 2007 A--"I NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sheriff of Dauphin County, Pa. 11.3,. By Deputy Sheriff Sheriff's Costs:$37.25 PAID BY COUNTY WONG In The Court of Common Pleas of Cul Berland County, Pennsylvania Citimortgage Inc vs. Joanne L. Metzger et al SERVE: William H. Metzger aka William H. Metzger III 07-2831 civil aka William Henry Metzger Now, June 18, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20 , at o'clock M. served the and made known to So answers, Sheriff of copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA $ Mifire of t4P 6*4Priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania , CITIMORGAGE INC vs County of Dauphin METIER JOANNE L Sheriff's Return No. 0941-T - - -2007 OTHER COUNTY NO. 07 2831 AND NOW:June 25, 2007 at 1:02PM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE upon METZGER WILLIAM H to WILLIAM METZGER by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at INCLINATOR OF AMERICA 601 GIBSON BLVD STEELTON, PA 17113-0000 Sworn and subscribed to before me this 25TH day of JUNE, 2007 11 A---11 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? ?* e?? Sheriff of Dauphin 'County, Pa. By v Deputy Sheriff Sheriff's Costs:$37.25 PAID BY COUNTY WONG 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 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2831 CIVIL TERM JOANNE L. METZGER 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOANNE L. METZGER and WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER, 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 5/10/07 to 8/3/07 TOTAL $80,612.05 $1,320.96 $81,933.01 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. b ' =Aje'?? DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: S- '' -?- O PROTHY 154151 PHELAN 14ALLINAN & 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 Philadelphia, PA 19103 (7 IS) 563.7000 CITIMORTGAGE, INC. Plaintiff Vs. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: JOANNE L. METZGER 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 DATE OF NOTICE: JULY 17, 2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2831 Cato THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENIT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND /C" i" INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU H,;% F 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 c v FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 Philadelphia, PA 19103 (215.) 563-7000 CITIMORTGAGE, INC. Plaintiff Vs. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: JOANNE L. METZGER NF STRING 1380 HOWARD STREET HARRISBURG, PA 17104 DATE OF NOTICE:.nJIX 17.2007 COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-2831 .1711, P& E 0, } FIL 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 Philadelphia, PA 19103 (915) 563-7000 CITIMORTGAGE, INC. Plaintiff Vs. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: JOANNE L. METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 DATE OF NOTICE: JULY 17.2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2831 FILE COPY 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff Vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. :NO. 07-2831 METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: JOANNE L. METZGER r,?f P.O. BOX 117 SUMMERDALE, PA 17093 DATE OF NOTICE: JI_ 1I,Y 17.2007 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 '*-'-/-'?? ll?e-&? FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff Vs. COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. :NO. 07-2831 METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER INCLINATOR OF AMERICA 601 GIBSON BLVD. STEELTON, PA 17713 DATE OF NOTICE:.HJT,Y 17.2007 FILE COPY 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 Philadelphia, PA 19103 (215.) 561-7000 CITIMORTGAGE, INC. Plaintiff Vs. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 DATE OF NOTICE:.IULY 17, 2017 COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-2831 FIL 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 Philadelphia, PA 19103 (215 563-7000 CITIMORTGAGE, INC. Plaintiff Vs. : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. :NO. 07-2831 METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER P.O. BOX 117 SUMMERDALE, PA 17093 DATE OF NOTICE:.HJT Y 17,_2007 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff, v. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2831 CIVIL TERM 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 JOANNE L. METZGER is over 18 years of age and resides at, 4101 YORK STREET, UNIT C, HARRISBURG, PA 17111. (c) that defendant WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER is over 18 years of age, and resides at, 204 VALLEY ROAD, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 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 Philadelphia, PA 19103 5) 563-7000 CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. :NO. 07-2831 METZGER, III A/K/A WILLIAM HENRY METZGER Defendants TO: WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 DATE OF NOTICE: JULY 17, 2007 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .S V t- qn) .l (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-2831 CIVIL TERM JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2007. nn By: I?G• 0 EPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff, V. No. 07-2831 CIVIL TERM JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $81,933.01 Interest from 8/3/07 to DECEMBER 5, 2007 $1,670.28 and Costs (per diem -$13.47) Add'1 Costs $2,302.50 TOTAL $85,905.79 DANIEL G. SCHMIEG, ESQUfRE One Penn Center at Suburban 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 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. 154151 9.4 r <C a K, c,7 c 44 w w ?A w v O ? ? ,,,., W O H z v ANN w o ?aa p a ? ? H H ??ij/+l O? w .4 w Fr w ?y 40, -Rr 0o x c aA ? aaa w? ¢ vt e4 m W V v 44 ?V C? ? o X17 I _ s- -? 2 G 3 t'° 'J 6 m 460. i 9" o O a 6") D co O?? ? C 00 t v LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the northerly line of Valley Street (L.R. 21051) at which point is located an iron pin and which point is one hundred twenty (120) feet west of Second Street and is also at the dividing line between the premises herein described and Lot No. 37 on the hereinafter mentioned plan of lots; thence along said line of Valley Street south seventy-two (72) degrees thirty (30) minutes west a distance of forty- five (45) feet to an iron pin; thence along part of Lot No. 39 on the hereinafter mentioned plan of lots north seventeen (17) degrees thirty (30) minutes west a distance of one hundred sixty (160) feet to a metal fence post; thence along the southerly line of a sixteen (16) foot wide unnamed alley north seventy-two (72) degrees thirty (30) minutes east a distance of forty-five (45) feet to an iron pin; thence along the dividing line first above mentioned south seventeen (17) degrees thirty (30) minutes east a distance of one hundred sixty (160) feet to an iron pin, the point of BEGINNING. The within description was prepared from a survey of D. P. Raffensperger Associates dated March 18, 1980. HAVING THEREON ERECTED a one story aluminum siding dwelling house known and numbered as 204 Valley Street, Summerdale, Pennsylvania 17093. BEING all of Lot No. 38 and the eastern fifteen (15) feet of Lot No. 39, Section A, Plan of Summerdale, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book Volume 1, Page 44. TITLE TO SAID PREMISES IS VESTED IN William H. Metzger, III and Joanne L. Metzger, his wife, by Deed from Daryl E. Kroh, dated 03/27/1980, recorded 03128/1980, in Deed Book 28X, page 168. PREMISES BEING: 204 VALLEY ROAD, SUMMERDALE, PA 17093 PARCEL NO: 09-12-2995-071 CITIMORTGAGE, INC. Plaintiff, V. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2831 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC., 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 ,204 VALLEY ROAD, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOANNE L. METZGER 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 WILLIAM H. METZGER A/K/A 204 VALLEY ROAD WILLIAM H. METZGER, III A/K/A SUMMERDALE, PA 17093 WILLIAM HENRY METZGER 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INCORPORATED 3401 HARTZDALE DR., STE. 126 CAMPHILL, PA 17011 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 1 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 204 VALLEY ROAD SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. August 3, 2007 b - DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C') rv ?= r`? ? rte, "?1'1 i •• i C7`y -?C CITIMORTGAGE, INC. Plaintiff, V. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). CUMBERLAND COUNTY No. 07-2831 CIVIL TERM August 3, 2007 TO: JOANNE L. METZGER 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 204 VALLEY ROAD, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $81,933.01 obtained by CITIMORTGAGE, INC. (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 fmd 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 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the northerly line of Valley Street (L.R. 21051) at which point is located an iron pin and which point is one hundred twenty (120) feet west of Second Street and is also at the dividing line between the premises herein described and Lot No. 37 on the hereinafter mentioned plan of lots; thence along said line of Valley Street south seventy-two (72) degrees thirty (30) minutes west a distance of forty- five (45) feet to an iron pin; thence along part of Lot No. 39 on the hereinafter mentioned plan of lots north seventeen (17) degrees thirty (30) minutes west a distance of one hundred sixty (160) feet to a metal fence post; thence along the southerly line of a sixteen (16) foot wide unnamed alley north seventy-two (72) degrees thirty (30) minutes east a distance of forty-five (45) feet to an iron pin; thence along the dividing line first above mentioned south seventeen (17) degrees thirty (30) minutes east a distance of one hundred sixty (160) feet to an iron pin, the point of BEGINNING. The within description was prepared from a survey of D. P. Raffensperger Associates dated March 18, 1980. HAVING THEREON ERECTED a one story aluminum siding dwelling house known and numbered as 204 Valley Street, Summerdale, Pennsylvania 17093. BEING all of Lot No. 38 and the eastern fifteen (15) feet of Lot No. 39, Section A, Plan of Summerdale, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book Volume 1, Page 44. TITLE TO SAID PREMISES IS VESTED IN William H. Metzger, III and Joanne L. Metzger, his wife, by Deed from Darryl E. Kroh, dated 03/27/1980, recorded 03/28/1980, in Deed Book 28X, page 168. PREMISES BEING: 204 VALLEY ROAD, SUMMERDALE, PA 17093 PARCEL NO: 09-12-2995-071 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 CITIMORTGAGE, INC. Plaintiff, V. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2831 CIVIL TERM 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rya -;~ti :? - . .,, ? . ? j? . rJ > r --J ..? ' r ? ? --? , "F_-r- ? :' C?i - "? - _i..r-? .. 4. _T j ? ? ? 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2831 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From JOANNE L. METZGER, WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER (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 $81,933.01 L.L. $.50 Interest from 8/03/07 to 12/05/07 (per diem - $13.47) - $1,670.28 and Costs Atty's Comm % Atty Paid $374.52 Plaintiff Paid Date: 8/07/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $2.00 Other Costs $2,302.50 5 is R. Long, Prothonotary By: &?" F. I -q Deputy I Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. CUMBERLAND COUNTY No. 07-2831 CIVIL TERM DEFENDANT(S) JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER SERVE JOANNE L. METZGER AT 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 SERVED ACCT. # 801122412 Type of Action pr`* )W51 - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 Served and made known to ?nQrt L 6lG4'7-o+" , Defendant, on the I ?. day of &40LJS, - 200 7 at 9 :30 , o'clock &.m., at `i 101 York '1,rr A H-o M,I kt P9 17 «/ , Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 45"-' Height 5 9 Weight 200 - Race W Sex F Other I, Co „1..lb l e b e C ? kl-A tr , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this / Z day of 200? Notary' By: PLEASE ATTEMPT SE) XL%AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NWEALTH OF PENNSYLVANIA NOTARIAL SE*OT SERVE THOMAS P. STRAIN, Notary Public On the day of City of Phlladel {a PWP. County ' I$cck _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: Vacant 2°d Attempt: Time: Attorney for Plaintiff DANIEL G. SCEHMEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 O C) AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) JOANNE L. METZGER WILLIAM H. METZGER AXIA WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER SERVE WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER AT CUMBERLAND COUNTY No. 07-2831 CIVIL TERM ACCT. # 801122412` Type of Action (5415-1 - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 601 GIBSON BLVD. STEELTON, PA 17713 A I k LA RVED W : t 1 t-Q,wi N . hq t'!`s rpt ? t Served and made known to k) Defendant, on the 16 day of At? us'- ,7 ivavN "l ;N1tt ?. nu a" fl R mtr•'t;ct 601 C?• -San U V b 2007 at i x.6-0 o clock g.m., at P-0-9.1 ,t.ncr{ " iof Comm 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 person in charge of Def ndant(s)'s office ornusual place of business, eoa &Cd-tr (041e,- M420• MaN& y er an officer of said Defendant(s)'s company. Other: Description: Age _ Height 0t! ? - Weight I2a Race W Sex tM Other I, Co?V,46ll benn.1,& C- Ham- . 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. Sworn to and subscribed day before is [k--- 7-- of 2009, N otary BY= CO ONWF-AL PE PLEASE IGlP RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THOMAS P. Notary Pub!ic ATTEMPTED. City of Philadelphia, Phila. County My Commission Expires February 4, 2010 NOT SERVED On the day of , 200_,, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2ad Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200: One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ' C 3 d ? ? .? `? ,,.. p . T ? ? ?? t ? ? ? ? --?^? - : = - ± -? ? y- ? n - ?y ; s +' _ ?? ? „ SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. VS. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER No.: 07-2831 CIVIL TERM 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: 204 VALLEY ROAD, SUMMERDALE, PA 17093. 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. October 25, 2007 Attorney for Plaintiff £0 46 L 3aO*J i1Z W02i3O311VVW t 00z 90 gnb 0 L08 Lztb000 ost"Z0 $ AL zo S3AW9 A3Nltd aa yC ?? ! trI ;? %-Od 50ti' W i mo gu w ca o i G7 r+ ..r a b H U O M ? a °z? `to, pG w 0 Y E O M z A T? 1 ? a O r, A o o M L6 o F"? 00 w y? N ? d .? a >x G N ? O ?A o in ? AA -a ?C cam, o > ?0w 3 0W? °En o > gw O ?'`? rn U W wa ? duo a ? " g Ov ?p ?WO UUAR as E Z m V ZE ,. a d O '? en 1 ,4r 2 0 a a? N l/1 p( O ?x U ? O N ? ? `c3 w 0? ? ?O "Cl ~ v.. ?o >a p o ?o H Qy A Q+ kn 1 ?o w ? 7 ?qq gq¢ .9 v 6 S? y Vtl 9y? u B o 0 0 r3 $ua u a. p1 ° > pg? s wOwy,F C Ow N ° b_?Q0OG, 8 u N G 'y Y ? vii V. 1~? yHa v _ Nt V1 b a A o_ W,, N d w w O 8 02 < H moo O , U r, U i V O T ?a I 00 a, O ..+ .-. ^ i ? Q -?_- r t ,? _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 7TH day of AUG, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2831, at the suit of CITIMORTGAGE INC against JOANNE L METZGER & WILLIAM H METZGER AKA WILLIAM H METZGER III AKA WILLIAM HENRY is duly recorded as Instrument Number 200808326. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 0?1) day of of Deeds >3eaorder f Deeds, Cumberland County, Cafte, PA MY CwAs? Fxpim the Firm Monday of Jan. 2010 Citimortgage Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Joanne L. Metzger and William H. Metzger Writ No. 2007-2831 Civil Term a/k/a William H. Metzger, III a/k/a William Henry Metzger 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: Joanne L. Metzger, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. Dauphin County Return: And Now, September 18, 2007 at 0818 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Joanne L. Metzger by personally handing to Joanne Metzger at her place of employment, NF String, at 1380 Howard Street, Harrisburg, Pennsylvania, and made known unto her the contents thereof. So answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2007 at 1920 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: William H. Metzger a/k/a William H. Metzger, III a/k/a William Henry Metzger, by making known unto Arnie Metzger, adult daughter of William H. Metzger, at 526 1/2 Enola Road, Apt. 3, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1504 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 Joanne L. Metzger and William H. Metzger a/k/a William H. Metzger, III a/k/a William Henry Metzger located at 204 Valley Road, Summerdale, 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: Joanne L. Metzger by regular mail to her last known address of 4101 York Street, Unit C, Harrisburg, PA 17111. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William H. Metzger a/k/a William H. Metzger, III a/k/a William Henry Metzger by regular mail to his last known address of 526 1 /2 Enola Road, Apt. 3, Enola, PA 17025. This letter was mailed under the date of October 12, 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 March 05, 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 Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,235.39. Sheriffs Costs: Docketing $30.00 Poundage 24.22 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 35.25 Postpone Sale 40.00 Law Journal 431.00 Patriot News 419.78 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 40.00 $1,235.39 So Answers: f R. Thomas Kline, Sheriff 1 11 ?, 'I I BY A Real Estate ergeant $ So. S 6 eK=tk 4-28S'$ CITIMORTGAGE, INC. . CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JOANNE L. METZGER CIVIL DIVISION WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A NO. 07-2831 CIVIL TERM WILLIAM HENRY METZGER Defendant(s). e AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC., 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 ,204 VALLEY ROAD, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 204 VALLEY ROAD SUMMERDALE, PA 17093 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name CITIFINANCIAL, INCORPORATED Last Known Address (if address cannot be reasonably ascertained, please indicate) 3401 HARTZDALE DR., STE.126 CAMPHILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 204 VALLEY ROAD SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 3, 2007 _ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff, V. JOANNE L. METZGER WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER Defendant(s). CUMBERLAND COUNTY No. 07-2831 CIVIL TERM August 3, 2007 TO: JOANNE L. METZGER 4101 YORK STREET, UNIT C HARRISBURG, PA 17111 WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER 204 VALLEY ROAD SUMMERDALE, PA 17093 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 204 VALLEY ROAD, SUM MERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $81,933.01 obtained by CITIMORTGAGE, INC. (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 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 (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 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the northerly line of Valley Street (L.R. 21051) at which point is located an iron pin and which point is one hundred twenty (120) feet west of Second Street and is also at the dividing line between the premises herein described and Lot No. 37 on the hereinafter mentioned plan of lots; thence along said line of Valley Street south seventy-two (72) degrees thirty (30) minutes west a distance of forty- five (45) feet to an iron pin; thence along part of Lot No. 39 on the hereinafter mentioned plan of lots north seventeen (17) degrees thirty (30) minutes west a distance of one hundred sixty (160) feet to a metal fence post; thence along the southerly line of a sixteen (16) foot wide unnamed alley north seventy-two (72) degrees thirty (30) minutes east a distance of forty-five (45) feet to an iron pin; thence along the dividing line first above mentioned south seventeen (17) degrees thirty (30) minutes east a distance of one hundred sixty (160) feet to an iron pin, the point of BEGINNING. The within description was prepared from a survey of D. P. Raffensperger Associates dated March 18, 1980. HAVING THEREON ERECTED a one story aluminum siding dwelling house known and numbered as 204 Valley Street, Summerdale, Pennsylvania 17093. BEING all of Lot No. 38 and the eastern fifteen (15) feet of Lot No. 39, Section A, Plan of Summerdale, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book Volume 1, Page 44. TITLE TO SAID PREMISES IS VESTED IN William H. Metzger, III and Joanne L. Metzger, his wife, by Deed from Darryl E. Kroh, dated 03/27/1980, recorded 03128/1980, in Deed Book 28X, page 168. PREMISES BEING: 204 VALLEY ROAD, SUMMERDALE, PA 17093 PARCEL NO: 09-12-2995-071 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2831 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From JOANNE L. METZGER, WILLIAM H. METZGER A/K/A WILLIAM H. METZGER, III A/K/A WILLIAM HENRY METZGER (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 $81,933.01 L.L. $.50 Interest from 8/03/07 to 12/05/07 (per diem - $13.47) - $1,670.28 and Costs Atty's Comm % Atty Paid $374.52 Plaintiff Paid Date: 8/07/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,302.50 5 uttis R. Long, Prothonotary By: &kta- e. & & Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 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 ft `' f Real Estate Sale # 29 On August 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 204 Valley Road, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15, 2007 By: Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: October 26, November 2 and November 9, 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. Marie Coyne, Edi SWORN-`O AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 29 Writ No. 2007-2831 Civil Citimortgage, Inc. vs. Joanne L. Metzger and William H. Metzger a/k/a William H. Metzger, III a/k/a William Henry Metzger Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows, to wit: BEGINNING at a point in the northerly line of Valley Street (L.R. 21051) at which point is located an iron pin and which point is one hundred twenty (120) feet west of Second Street and is also at the dividing line between the premises herein described and Lot No. 37 on the hereinafter mentioned plan of lots; thence along said line of Valley Street south seventy-two (72) degrees thirty (30) minutes west a distance of forty-five (45) feet to an iron pin; thence along part of Lot No. 39 on the hereinafter mentioned plan of lots north seventeen (17) degrees thirty (30) minutes west a distance of one hundred sixty (160) feet to a metal fence post; thence along the southerly line of a sixteen (16) foot wide unnamed alley north seventy- two (72) degrees thirty (30) minutes east a distance of forty-five (45) feet to an iron pin; thence along the dividing line first above mentioned south seventeen (17) degrees thirty (30) minutes east a distance of one hundred sixty (160) feet to an iron pin, the point of BEGINNING. The within description was pre- pared from a survey of D. P. Raffen- sperger Associates dated March 18, 1980. HAVING THEREON ERECTED a one story aluminum siding dwelling house known and numbered as 204 Valley Street, Summerdale, Pennsyl- vania 17093. BEING all of Lot No. 38 and the eastern fifteen (15) feet of Lot No. 39, Section A, Plan of Summerdale, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book Volume 1, Page 44. TITLE TO SAID PREMISES IS VESTED IN William H. Metzger, III and Joanne L. Metzger, his wife, by Deed from Darryl E. Kroh, dated 03/27/1980, recorded 03/28/1980, in Deed Book 28X, page 168. PREMISES BEING: 204 VALLEY ROAD, SUMMERDALE, PA 17093. PARCEL NO: 09-12-2995-071. Th-e Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f Patriot N¢ws 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 Sworn to me this 30 day of November, 2007 A.D. COMMONWEAL-rH OF" PENNSYLVANIA Notarial Seal James L. Clam, Notary Public City Of My ? Harrisburg. Dauphin County xpres June 2, 2008 Member, Pennso anl® Assaolatlon of NotarleE RAN EG MN 111db ft 29 WAN No. am-0113 1 Chill Term CNY?etisege, Ine. VS J66-hae L Metzger sent WIN= H. Meyer slide Wflllam H. Metzger, NI elide WINIam Henry Metzger Atty. Der" Sdtmieg DESCRIPTION ALL that certain tract or parcel of land situate in the Township of East Pennsbom, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and desa0ted as follows, to wit: BEGINNING at a point in the northerly line of Valley Street (LK 21051) at which point is located an iron pin and which point is one hundred twenty (120) fed west of Second Street and is also at the dividing line beiween the premises herein described and Lot No. V on the hereindw mentoew plan of lots., thepce along said line of Valley Street south scveg4-two (72) degrees thirty (30) minutes west a distance of forty-five (45) feet to an iron pin; thence along part of Lot No. 39 on the hereinafter mentioned plan of lots north seventeen (17) degrees thirty (30) minutes west a distance of one hundred sixty (160) fed to a metal fence post, thence along the southerly line of a sixteen (16) foot wide unnamed alley north seventy-two (72) degrees thirty (30) minutes east a distance of forty-five (45) fed to an iron pin; thence along the dividing tine first above mentioned south seventeen (17) degrees thirty (30) minutes east a distance of one hundred sixty (1,60) fed to an iron pin, the point of BEGINNING. The within description was prepared front a survey of D. P. Raffensperger Associates tit, match is, 1980. HAVING THEREON ERECTED a one sW., alummum siding dwelling house bows and atuftot a 30 VAN 8rwt, 9awiale, Peke rM& BEW AatJA Ile 31 ad ft leesus R[teen (15) Ret-et tat 11k. A RIMON k Phm of Summedalo,, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book Volume 1, Page 44. TITLE TO SAID PREMISES IS VESTED IN William H. Metzger, Ill and Joanne 1. Metzger, his wife, by Deed from Darryl E. Kroh, dated 03/27/UA, recorded 03/2811980, in Deed Book 28X, pp 168. PREMISES BEING: 204 VA,LI.EY ROAD, SUMMERDALE, PA 17093 PARCEL NO. 09-12-2995-071 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 Sworn to me this 30 day of November, 2007 A.D. COMMONWEAL-rH OF PENNSYLVANIA Notarial Seal James L. Claris. Notary Public CRY Of Commarlft? ? • DaupHn Ccwnty xpires June 2, 2008 Member, Pennaylvanla Aseoolation of No 06