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HomeMy WebLinkAbout09-1536Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198122 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 09 - ?53(p ?,iVtl Iel'tN V. CUMBERLAND COUNTY JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 198122 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 (717) 249-3166 File #: 198122 1. Plaintiff is CITI 40RTGAGE INC SB/M 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: JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/01/2007 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 Instrument No. 200743588. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 #: 198122 6. 7. 8. The following amounts are due on the mortgage: Principal Balance $169,130.65 Interest $8,387.08 07/01/2008 through 03/11/2009 (Per Diem $33.02) Attorney's Fees $1,325.00 Cumulative Late Charges $515.70 11/01/2007 to 03/11/2009 Mortgage Insurance Premium / $235.30 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $180,343.73 Escrow Credit $0.00 Deficit $709.70 Subtotal 709.70 TOTAL $181,053.43 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 #: 198122 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. Plaintiff hereby releases NETTIE S. YOVICICH, from liability for the debt secured by the mortgage. 11. By virtue of the death of NETTIE S. YOVICICH, on 02/22/2008, Defendant JUDY L. YOVICICH, became the sole owner of the mortgaged premises as surviving joint tenant with right of survivorship. File #: 198122 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $181,053.43, together with interest from 03/112009 at the rate of $33.02 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 & SCHMIEG, LLP By:701.3 y Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 198122 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block 'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one and zero one-hundredths (231.00) feet to Norman Road East; thence in a Northerly direction along the Easterly line of Lot No. 48, one hundred twenty and zero one-hundredths (120.00) feet to Lot No. 54, Block 'L' on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty-eight one- hundredths (13.58) feet to Lot No. 53, Block'L' on said Plan; thence in a Southeasterly direction along the Southerly line of Lots Nos. 53 and 52, Block'L' on said Plan, ninety-nine and twenty- three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block 'L' on said Plan; thence in a Southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of beginning. THE ABOVE description is written in accordance with a Survey dated September, 1961, of Luther N. Amos, Jr., Professional Engineer. File #: 198122 r BEING Lot No. 49, Block 'L' on the Plan of Part of Blocks 'J' and 'L', Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. BEING the same premises which Judy L. Yovicich, by Quitclaim Deed dated November 1, 2007 and recorded November 20, 2007 in the Recorder of Deeds Office of Cumberland County, Pennsylvania at Instrument 200743587, granted and conveyed unto Judy L. Yovicich, a single woman and Nettie Yovicich, a single woman, as tenants with rights of survivorship. The said Nettie M. Yovicich, a/k/a Nettie S. Yovicich, died on February 22, 2008, whereupon full and complete title to the within described real estate became vested solely in Judy L. Yovicich, a grantor and the grantee herein. PARCEL NO. 13-230545-073 PROPERTY BEING: 1190 LOWTHER ROAD File M 198122 VERIFICATION I hereby state that I am the attorney for the 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: 3-(?^ D File #: 198122 C.) rlv) ? D 00 :n Z O m W _ N { s- D - cn .? Sheriffs Office of Cumberland County R Thomas Kline 101,0 $t Cuafber?b Edward L Schorpp Sheriff ?: Solicitor Ronny R Anderson , ? Jody S Smith Chief Deputy OFACE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 12:15 PM - Steve Bender, Deputy Sheriff, who being duly swom according to law, states that on March 14 2009 at 1215 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: Judy L. Yovicich, by making known unto Teresa Yovicich, adult sister of defendant at 1190 Lowther Road Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 (PAID) March 16, 2009 2009-1536 Citimortgage Inc. VS Judy L. Yovicich SO ANSWERS, R THOMAS KLINE, SHERIFF By 9,? Deputy Sheriff N C:7 J' ^ 4 r „ r .. ??? i.L M VN ...? "y t C,J PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ,(215) 563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff VS. JUDY L. YOVICICH Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1536-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto ey for Plaintiff By: Francis S. Hallinan, Esquire Date: 4-9-09 PHS #: 198122 VERIFICATION Vim President hereby states that he/she is of CITIMORTGAGE, INC., servicing agent for Plaintiff, CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC., 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 pde subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to auth s. /1 A DATE: V"\ k1 y c-VV2 , L1Vq Title: vice President Company: CITIMORTGAGE, INC. Loan: 1120133644 File #: 198122 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 S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff VS. JUDY L. YOVICICH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1536-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 Date: 4-9-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ?---- Francis S. Hallinan, Esquire FILE F THE F TJgy 2009 APR 14 AM 10: 5 2 CIiI r ' _juty l PEG' 4 ".'p YAINJ 11. 0 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. VS. JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1536-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JUDY L. YOVICICH, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $181,053.43 Interest - 03/12/2009 to 04/21/2009 $1,353.82 TOTAL $182,407.25 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ga?""'- /A Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 °X?J Q6? 7 PHS # 198122 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. VS. JUDY L. YOVICICH Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1536-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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JUDY L. YOVICICH is over 18 years of age and resides at 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 : CIVIL DIVISION : No. 09-1536-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on, By: If you have any questions concerning this matter please contact:, Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff V. JUDY L. YOVICICH Defendant(s) TO: JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 DATE OF NOTICE: April 6, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1536-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNES4 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARLENE POWERS Legal Assistant PHS # 198122 OF i ( Er ?TA PY 2909 APR 22 Ai-,110:37 V6! L a, you HoltuG / PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff, V. JUDY L. YOVICICH Defendant(s). TO THE PROTHONOTARY: No. 09-1536-CIVIL TERM Issue writ of execution in the above matter: Amount Due Interest from 4/22/2009-9/2/2009 (per diem -$29.98) $182,407.25 $4,017.32 TOTAL Note: Please attach description of property. $186,424.57 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 198122 9 Qom.-. a 0 d. 4 $oo C166 . Cl% &.'...3 r 6 4% ' l"- cTto - - c"a a w 0 0-4 V pa,,r?i? zV U^ O ? A4 ,? O p" .*4 Ol ?a ?c 5 0 ? w ? O w ?W a it OU Wd ?'' p C a ?? w o Ana .- i U? C? V ? W o d a ?U V 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 ABN AMRO MORTGAGE GROUP INC. Plaintiff, V. JUDY L. YOVICICH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1536-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: 0 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.A. §4904 relating to unworn falsification to authorities. J _ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FILED- ^F THE 21,109 N i'r 26 "i ! R 0 I CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff, v. JUDY L. YOVICICH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1536-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC S/B/M 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 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 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 Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None r . 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 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 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 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 state ere are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificati n to authorities. May 21, 2009 3 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff op : 1 r 20`19 MAY 26 'I=i I I : 0 1 Y CITIMORTGAGE INC S/lVM ABN AMRO MORTGAGE GROUP INC. Plaintiff, V. JUDY L. YOVICICH Defendant(s). CUMBERLAND COUNTY No. 09-1536-CIVIL TERM May 21, 2009 TO: JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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 COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1190 LOWTHER ROAD, CAMP HILL. PA 17011-7530, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $182.407.25 obtained by CITIMORTGAGE INC S/B/M 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: X215) 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 v" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block 'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one and zero one-hundredths (231.00) feet to Norman Road East; thence in a Northerly direction along the Easterly line of Lot No. 48, one hundred twenty and zero one-hundredths (120.00) feet to Lot No. 54, Block IL' on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty-eight one- hundredths (13.58) feet to Lot No. 53, Block 'L' on said Plan; thence in a Southeasterly direction along the Southerly line of Lots Nos. 53 and 52, Block 'L' on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block 'L' on said Plan; thence in a Southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of beginning. THE ABOVE description is written in accordance with a Survey dated September, 1961, of Luther N. Amos, Jr., Professional Engineer. HAVING ERECTED THEREON a dwelling house known and numbered as 1190 Lowther Road, Camp Hill, Pennsylvania 17011. BEING Lot No. 49, Block'L' on the Plan of Part of Blocks IX and IL', Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. TITLE TO SAID PREMISES IS VESTED IN Judy L. Yovicich, single person, by Deed from Thomas L. Yovicich, Executor of the Estate of Nettie M. Yovicich, aka, Nettie S. Yovicich and Judy L. Yovicich, a single person, dated 05/13/2008, recorded 06/06/2008 in Instrument Number 200818960. The said Nettie M. Yovicich, a/k/a Nettie S. Yovicich, died on February 22, 2008, whereupon full and complete title to the within described real estate became vested solely in Judy L. Yovicich, a grantor and the grantee herein. PREMISES BEING: 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 PARCEL NO. 13-23-0545-07 CONTROL #13000326 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1536-CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. JUDY L. YOVICICH owner of property situate in the LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1190 LOWTHER ROAD CAMP HILL PA 17011-7530 PARCEL NO. 13-23-0545-07 CONTROL #13000326 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1536 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff (s) From JUDY L. YOVICICH (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 $182,407.25 L.L. $.50 Interest FROM 4/22/2009 - 9/2/2009 (PER DIEM - $29.98) - $4,017.32 Atty's Comm % Atty Paid $160.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MAY 26, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE s R. Long, Prothonotary By:. Deputy Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. DEFENDANT(S) JUDY L. YOVICICH SERVE JUDY L. YOVICICH AT: 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 SERVED CUMBERLAND COUNTY No. 09-1536-CIVIL TERM phs. #198122 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to _T Rp.q L_ Vo u t e to N Defendant, on the oZ a D day of U C 2009, at (o_ , 2 S , o'clock _?.m., at (1 Qb 1_tM7 t _ ?.? r LL Commonwealth of Pennsylvania, in the manner described below: V_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 _?QS Height " - Weight JO O Race tN Sex F Other 1, 1jR0Wk( j0 , 4 L?L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this )-" day of 2004. Notary: By: PLEASE E RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200. Notary: By: L KIPASEcRLY CUM. NOTAff PUBLIC STATE OF NEW JMSEV Commis" E" M Matroh T, 201 -------------------- Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire,- I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 le?(, FILj J 2C139 I L 14 All I ! : 01 ': G I Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson ~a~,~~a~!' art ~~~~ iGrr~~~r~ ,7 Chief Deputy ~.> Jody S Smith Civil Process Sergeant cr~,e=~~~ cr~ „~-u~ir~ Edward L Schorpp Solicitor pLEt"s-~~~-~tt~~ ZQtf9 ScP -4 PSI ! ~ 4 3 +.rf~Jfr,. i~1 ' 'lYW~ ~.'r..: lJt S 1 d p~~ti~~V'r1~'vif~ Citimortgage Inc vs. Judy L Yovicich SHERIFF'S RETURN OF SERVICE Case Number 2009-1536 06/29/2009 02:15 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09 at 1413 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 Judy L. Yovicich, located at, 1190 Lowther Road, Camp Hill, Cumberland County, Pennsylvania according to law. 06/29/2009 02:15 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09 at 1413 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: Judy L. Yovicich, by making known unto, Teresa Yovicich, Adult in charge, at, 1190 Lowther Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her persona-ly the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Schmieg. 09/01/2009 Property sale cancelled on 9/1/2009 SHERIFF COST: $628.03 9~`~"09 ~~ September 03, 2009 SO ANSWERS, _ ,~ R THOMAS KLINE, SHERIFF ~~,6a cd ~ ~U~L ~ ~ ~ 3 ba-3~ • CITIMORTGAI.GE INlC SB/M ABN AMRO . MORTGAGE GROUP INC. , Plaintiff, , v. JUDY L. YOVICICH Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-1536-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC S/B/M 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 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 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 Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None ~ S, Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 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 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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 state s erei are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificati n to authorities. ~~ '~ ., , ._ Mav 21, 2009 ~~~~3 -- DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff, v. JUDY L. YOVICICH Defendant(s). CUMBERLAND COUNTY No. 09-1536-CIVIL TERM May 21, 2009 TO: JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE 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 ,1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $182,407.25 obtained by CITIMORTGAGE INC S/B/M 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one and zero one-hundredths (231.00) feet to Norman Road East; thence in a Northerly direction along the Easterly line of Lot No. 48, one hundred twenty and zero one-hundredths (120.00) feet to Lot No. 54, Block'L' on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty-eight one- hundredths (13.58) feet to Lot No. 53, Block'L' on said Plan; thence in a Southeasterly direction along the Southerly line of Lots Nos. 53 and 52, Block'L' on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block'L' on said Plan; thence in a Southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of beginning. THE ABOVE description is written in accordance with a Survey dated September, 1961, of Luther N. Amos, Jr., Professional Engineer. HAVING ERECTED THEREON a dwelling house known and numbered as 1190 Lowther Road, Camp Hill, Pennsylvania 17011. BEING Lot No. 49, Block'L' on the Plan of Part of Blocks 'J' and 'L', Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. TITLE TO SAID PREMISES IS VESTED IN Judy L. Yovicich, single person, by Deed from Thomas L. Yovicich, Executor of the Estate of Nettie M. Yovicich, aka, Nettie S. Yovicich and Judy L. Yovicich, a single person, dated 05/13/2008, recorded 06/06/2008 in Instrument Number 200818960. The said Nettie M. Yovicich, a/k/a Nettie S. Yovicich, died on February 22, 2008, whereupon full and complete title to the within described real estate became vested solely in Judy L. Yovicich, a grantor and the grantee herein. PREMISES BEING: 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 PARCEL NO. 13-23-0545-07 CONTROL #13000326 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1536-CIVIL TERM CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. vs. JUDY L. YOVICICH owner of property situate in the LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1190 LOWTHER ROAD, CAMP HILL PA 17011-7530 PARCEL NO. 13-23-0545-07 CONTROL #13000326 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-1536 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff (s) From JUDY L. YOVICICH (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 $182,407.25 L.L. $.50 Interest FROM 4/22/2009 - 9/2/2009 (PER DIEM - $29.98) - $4,017.32 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: MAY 26, 2009 (Seal) REQUESTING PARTY: By: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 1190 Lowther Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Real Estate Coordinator ,~d~j~ 'a)~. ~~~~~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL EBTATE 8ALE NO. 99 Marie Coyne, Writ No. 2009-1536 Civil Citimortgage Inc. vs. Judy L. Yovicich Atty.: Daniel Schmieg SHORT DESCRIPTION Citmortgage Inc. s/b/m ABN AMRO Mortgage Group Inc. vs. Judy L. Yovicich. Owner of property situate in the LOWER ALLEN TOWNSHIP, Cum- berland County, Pennsylvania, being 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530. PARCEL NO. 13-23-0545-07 CONTROL # 13000326. Improvements thereon: RESIDEN- TIAL DWELLING. SWORN TO AND SUBSCRI$ED before me this 7 day of August 2009 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 The Patriot-.News Co. .812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e ~latriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Sale No. 99 Vlfrlt No. 2009-1536 Clvll Term CRlmortgage Inc vs. Judy L Yoviclch Atty: Daniel Schmfeg SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1536- CIVII.TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. JUDY L. YOVICICH owner of property situate in the LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1190 LOWTHER ROAD, CAMP HILL, PA 17011- 7530 PARCEL N0. 13-23-0545-07 CONTROL #13000326 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING 07/24/09 C sworn to .l Notary Public COMMONWEALTy-OF pE~Y~VANt!? Sherrie L K 3t1Arl SAKI ---lr City Of Herri~tstt N~n~ Public ~; tJ~uphin County MY Commts$ior= tycPlr~ Nov. 28, 2011 Member, Pannaylvania q ao~jatlun of Notsrigq ust, 2009 A.D. `~_-_~,. 07/31/09 08/07/09