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HomeMy WebLinkAbout08-0211PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 168613 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- oIl l 0- 1 Yc t Tex m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168613 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 4: 168613 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 #: 168613 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 #: 168613 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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: ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/01/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1883, Page: 1431. By Assignment of Mortgage recorded 10/20/2005 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 721, Page 3949. 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. File #: 168613 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 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. 6 The following amounts are due on the mortgage: Principal Balance $104,655.93 Interest $2,746.55 08/01/2007 through 01/10/2008 (Per Diem $16.85) Attorney's Fees $1,250.00 Cumulative Late Charges $129.64 10/01 /2004 to 01 / 10/2008 Cost of Suit and Title Search 550.00 Subtotal $109,332.12 Escrow Credit $0.00 Deficit $266.08 Subtotal $266.08 TOTAL $109,598.20 7 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. File #: 168613 3. 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. 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. File #: 168613 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 $109,598.20, together with interest from 01/10/2008 at the rate of $16.85 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 HALLINAN & SCHMI LLP By. IS . HALL AN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 168613 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern side of Greenspring Drive at the dividing line between Lots Nos. 101 and 100 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 101 and 100, North 19 degrees 51 minutes 45 seconds West, a distance of 128.78 feet to a point at lands of others; thence along said latter lands, North 70 degrees 9 minutes 15 seconds East, a distance of 36 feet to a point at the dividing line between Lots Nos. 101 and 102 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 101 and 102, South 15 degrees 51 minutes 45 seconds East, a distance of 128.78 feet to a point on the northern side of Greenspring Drive; thence along said northern line of Greenspring Drive, South 70 degrees 8 minutes 15 seconds West, a distance of 38 feet to a point on the same at the dividing line between Lots Nos. 101 and 100 as shown on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 101 as shown on the subdivision Plan of Lots entitled 'Final Subdivision Plan of Westfields Phase 43' (revised) as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 58, page 99. File #: 168613 HAVING THEREON ERECTED a townhouse style dwelling unit known and numbered as 17 Greenspring Drive. BEING the same premises which Wilbert E. Stremmel, single person by Indenture dated 06/30/1999, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page 203-216, granted and conveyed unto Dorothy M. Musico, in fee. PARCEL NO: 38-23-0571-170 PROPERTY BEING: 17 GREENSPRING DRIVE File #: 168613 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: l 11,0 Lam' h ?' o o ?e - W N ? -== " ; ; r O O ; ;° C SHERIFF'S RETURN - REGULAR CASE NO: 2008-00211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS STECK ALAN E SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STECK ALAN E was served upon DEFENDANT the at 2030:00 HOURS, on the 15th day of January 2008 at 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 TT TAT T7 nmr.?n T7 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 ;?a2d/b P ?r^ .00 37.60 Sworn and Subscibed to before me this day of , So Answers: s R. Thomas Kline 01/16/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheri A.D. ?' %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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368 2240 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-211-CIVIL TERM ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 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 ALAN E. STECK, 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 1/11/08 to 3/20/08 TOTAL $109,598.20 $1,179.50 $110,777.70 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. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ? og PRO ROTHY 168613 ` 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., SB/M TO ABN AMRO : COURT OF COMMON PLEAS MORTGAGE GROUP, INC. Plaintiff : CIVIL DIVISION Vs. ALAN E. STECK TO: Defendants ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY NO. 08-211-CIVILS DATE OF NOTICE: MARCH 7, 2008 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 \ CfILE COPY cc: Samuel L. Andes, Esquire F? efi d. ? .+.,.?4 +.^YB ,, . 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION Plaintiff, V. ALAN E. STECK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-211-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 ALAN E. STECK is over 18 years of age and resides at, 17 GREENSPRING DRIVE, MECHANICSBURG, PA 17050. 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 s_ , c';? c',1 T1 (? l ? ? ? e.::: Q ? '? ` ; '' ? f b ?? ?`-- l D ' ` ? ? ?! _ ; > ? ? t ? - ?? Y (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-211-CIVIL TERM ALAN E. STECK Defendant(s). DANIEL G. SCHMIEG, ESQUI 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 I reh aq 2009. By: If you have any questions concerning this matter, please contact: PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (915) 56:3-7100 CITIMORTGAGE, INC., S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Vs. ALAN E. STECK Plaintiff Defendant(s) TO THE PROTHONOTARY: CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-211 -CIVIL TERM Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. ATTORNEY FOR PLAINTIFF Francis S. Hallin n, Esquire Attorney for Plaintiff Dated: 03/27/08 PHS: 168613 C;X:) ky r? PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (15) 563-7000 CITIMORTGAGE, INC., S/B/M TO ABN AMRO MORTGAGE GROUP, INC. VS. ALAN E. STECK Defendant(s) CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-211 -CIVIL TERM I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 Plaintiff ATTORNEY FOR PLAINTIFF Francis S. Hal inan, Esquire Attorney for Plaintiff Dated: 03/27/08 PHS: 168613 C.) :.,,, ?`_ ,` ?°'? ? `? `` --i t _' -???i fit "?' ?_ ? _ ,, . __ ? ?- . ? ,,,,, -? •-C s PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. No. 08-211-CIVIL TERM ALAN E. STECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/21/08 - 9/3/08 (per diem -$18.21) Add'1 Costs TOTAL $110,777.70 $3,041.07 and Costs $2,006.50 $115,825.27 DANIEL G. SCHMIEG, ESQUIRE 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. 168613 0 0 a a U z x U Oz z ? z o ? as H ?" U W ? H c o O 00 a W 3 11. 00 W 0 0 a a,? HV ?pG a O c ? ? ? 00 O 00 H A F" ? ? ? ? ? ? a w U CA 1 * ?^ U1 O (n 8 co O 0000 00 0 8 _ Co \ w Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-211-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. V. Plaintiff, ALAN E. STECK CITIMORTGAGE INC. SB/M TO ABN AMRO MORTGAGE GROUP 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 ,17 GREENSPRING DRIVE MECHANICSBURG PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) -ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 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) INTEGRITY BANK 3345 MARKET STREET CAMP HILL, PA 17011-2269 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be None 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 ALAN E. STECK CIO SAMUEL L. ANDES, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 525 NORTH 12TH STREET P.O. BOX 168 LEMOYNE, PA 17043 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 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 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. April_ 1, M ' DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t`} ..? r? u: -- : ? _ .,., r-- ?__ : a, ?R __ „. ? --t i _.? `i ? G?: - _. .. ?.? _J ?' , C:'7 ?? 'P, ? 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. ALAN E. STECK ' Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-211-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 un falsification to authorities. g sworn DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r- ?" ?-? ._? -- 1 _. i` j;`? t `?? e. .. ? «, k. F CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. ALAN E. STECK Defendant(s). CUMBERLAND COUNTY No. 08-211-CIVIL TERM April 1, 2008 TO: ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 * *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 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 17 GREENSPRING DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $110,777.70 obtained by CITIMORTGAGE, INC S/B/M TO ABN AMRO MORTGAGE GROUP, 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. r 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 RT A UT V ?r/1 c . 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 s in the absence of a re resentative of the (aintiff at the Sheriffs Sale. The sale must be old postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or Parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNNING at a point on the northern side of Greenspring Drive at the dividing line between Lots Nos. 101 and 100 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 101 and 100, North 19 degrees 51 minutes 45 seconds West, a distance of 128.78 feet to a point at lands of others; thence along said latter lands, North 70 degrees 9 minutes 15 seconds East, a distance of 36 feet to a point at the dividing line between Lots Nos. 101 and 102 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 101 and 102, South 15 degrees 51 minutes 45 seconds East, a distance of 128.78 feet to a point on the northern side of Greenspring Drive; thence along said northern line of Greenspring Drive, South 70 degrees 8 minutes 15 seconds West, a distance of 38 feet to a point on the same at the dividing line between Lots Nos. 101 and 100 as shown on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 101 as shown on the subdivision Plan of Lots entitled 'Final Subdivision Plan of Westfields Phase #3 (revised) as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 58, page 99. TITLE TO SAID PREMISES IS VESTED IN Alan E. Steck, single man, by Deed from Dorothy M. Musico, an adult individual, dated 09/29/2004, recorded 10/06/2004, in Deed Book 265, page 3133 PREMISES BEING: 17 GREENSPRING DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 38-23-0571-170 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-211 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., s/b/m to ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From ALAN E. STECK (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 $110,777.70 L.L.$ 0.50 Interest from 3/21/08 - 9/03/08 (per diem - $18.21) -- $3,041.07 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $156.60 Other Costs $2,006.50 Plaintiff Paid Date: 4/03/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Citimortgage, Inc. VS Alan E. Steck In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-211 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according td law, states this writ is returned STAYED per letter of request from Attorney Daniel Schnhieg. Sheriffs Costs: Docketing Poundage Levy Law Library Prothonotary Mileage Surcharge So Answers: R. Thomas Kline, Sheriff BY Q Real Estate S rgeant 30.00 2,297.54 15.00 .50 2.00 11.00 20.00 $2,376.04/ -7l--blb8 ? GSD 79 ? ?/:r 3S7 F A i CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ALAN E. STECK NO. 08-211-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) P I Li1v1'Kv 1v1 VK 1-UAUE CiK Fe' NC. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets fo s of the date the Praecipe for the Writ of Execution was filed the following information concerning real property located at ,17 GREENSPRING DRIVE MECIIANICSBURG PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if adddress cannot be reasonably ascertained, please indicate) ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 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 a dress cannot be reasonably ascertained, please indicate) INTEGRITY BANK 3345 MARKET STREET CAMP HILL, PA 17011-2269 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 ALAN E. STECK C/O SAMUEL L. ANDES, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 525 NORTH 12TH STREET P.O. BOX 168 LEMOYNE, PA 17043 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 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 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 171051 I verify that the statements made in this affidavit are true and correct t the best of my personal knowledge or information and belief. I understand that false statements her in are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authori ies_ April 1, 2008 b ' DATE DANIEL G. SCHMIEG, E Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. ALAN E. STECK Defendant(s). TO: ALAN E. STECK 17 GREENSPRING DRIVE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-211-CIVIL TERM April 1, 2008 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAAYST PROPERTY.'" Your house (real estate) at 17 GREENSPRING DRIVE MEC ANICSBURG PA 17050 i scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3.2008 at 10: 0 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $110,777.70 obtained by CITIMORTGAGE INC. SB/M TO ABN AIV O MORTGAGE GROUT INC. (the mortgagee) against you. In the event the sale is continued, an a*nouncement 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 a Court to strike or open the judgment, if the judgment was improperly entered. You m also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal pr ceedings. I 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 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 mull 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 amo it 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 fo your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff ' 'n 30 days of the sale. This schedule will state who will be receiving that money. The money will be ?ong) d out in accordance with this schedule unless exceptions (reasons why the proposed distribution is 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 TELEPHON THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the postponed or stayed in the event that a representative of the pla CUMBERLAND COUNTY ATTORNEY REF CUMBERLAND COUNTY BAR ASSOCIA 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOU CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 aintiff. It may not be sold The sale must be is not present at the sale. LEGAL DESCRIPTION ALL THAT CERTAIN piece or Parcel of land situate in the Township of Silver Sp?ring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNNING at a point on the northern side of Greenspring Drive at the dividing line between Lots Nos. 101 and 100 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 101 and 100, North 19 degrees 51 minutes 45 seconds West, a distance of 128.78 feet to a point at lands of others; thence along said latter lands, North 70 degrees 9 minutes 15 seconds East, a distance of 36 feet to a point at the dividing line between Lots Nos. 101 and 102 as Mown on said Plan of Lots; thence along said dividing line between Lots Nos. 101 and 102, South 15 de rees 51 minutes 45 seconds East, a distance of 128.78 feet to a point on the northern side of Greenspria Drive; thence along said northern line of Greenspring Drive, South 70 degrees 8 minutes 15 secon Is West, a distance of 38 feet to a point on the same at the dividing line between Lots Nos. 101 and 100 s shown on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 101 as shown on the subdivision Plan of Lots entitled 'Final Subdivision Plan of Westfields Phase #3 (revised) as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 58, page 99. TITLE TO SAID PREMISES IS VESTED IN Alan E. Steck, single man, by Deed f om Dorothy M. Musico, an adult individual, dated 09/29/2004, recorded 10/06/2004, in Deed Boo 265, page 3133. I PREMISES BEING: 17 GREENSPRING DRIVE, MECHANICSBURG, PA 1700 PARCEL NO. 38-23-0571-170 w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-211 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., s/b/m to ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From ALAN E. STECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the 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 $110,777.70 L.L.$ 0.50 Interest from 3/21/08 - 9/03/08 (per diem - $18.21) -- $3,041.07 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $156.60 Other Costs $2,006.50 Plaintiff Paid Date: 4/03/08 i Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, 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 Deputy Supreme Court ID No. 62205 Real Estate Sale # 36 On May 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 17 Greenspring Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Chi n+ Date: May 14, 2008 By: Re astate ergean t E'? Kj 9 ? .E d L - ?d 80 1 Vd