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HomeMy WebLinkAbout09-2519Phelan 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 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 202497 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. v. CUMBERLAND COUNTY PAMELA K. GRACEY 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 202497 4b 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 #: 202497 v 1. Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: PAMELA K. GRACEY 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050-2103 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1970, Page 4527. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 202497 6. 7. 8 The following amounts are due on the mortgage: Principal Balance $245,064.37 Interest $13,052.16 07/01/2008 through 04/14/2009 (Per Diem $45.32) Attorney's Fees $1,325.00 Cumulative Late Charges $647.52 10/20/2006 to 04/14/2009 Cost of Suit and Title Search 750.00 Subtotal $260,839.05 Escrow Credit ($305.48) Deficit $0.00 Subtotal $305.48 TOTAL $260,533.57 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 #: 202497 46. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $260,533.57, together with interest from 04/14/2009 at the rate of $45.32 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; ?? L;?(encj T. Phelan Esquire cis S. alli , 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 /Joshua I. Goldman, Esquire iD :A 20SOLI? Attorneys for Plaintiff File #: 202497 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point of intersection of the western line of Brookridge Drive and the line of adjoiner between Lots 129 and 130 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner North 72 degrees 15 minutes 00 seconds West a distance of 227.49 feet to a point; thence North 16 degrees 52 minutes 00 seconds East along lands now or formerly of James E. Grandon, Jr., a distance of 112.47 feet to a point; thence South 72 degrees 15 minutes 00 seconds East along the line of adjoiner between Lots 130 and 131 on said Plan a distance of 229.22 feet to a point on the western line of Brookridge Drive aforesaid; thence along said western line South 17 degrees 45 minutes 00 seconds West a distance of 112.46 feet to a point, the place of BEGINNING. BEING LOT NO. 130 on the Final Subdivision Plan No. 11 of Ridgeland recorded in the Office of Recorder of Deeds of Cumberland County in Plan Book 47, Page 124. PARCEL NO.10-17-01035-142 PROPERTY BEING: 3950 BROOKRIDGE DRIVE File #: 202497 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. ?xNvA Z. G-OLb AN Atto ey fo P?la--' I'} A # 20 SU- DATE: G' 15 -M File #: 202497 FILED CF THE XARY 20199 APR 22 A 10. 4 9 ?j 1 !? ti a 7 s0 ck 7q y ?l ?? 3 ? yo 9 9 Sheriffs Office of Cumberland County R Thomas Kline ?4?tr ®1ugrbrr???A Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy FcE Of T"E s#QRIFF Civil Process Sergeant I SHERIFF'S RETURN OF SERVICE 05/07/2009 08:25 A - Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2009 at 0825 ours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named efendant, to wit: Pamela K. Gracey, by making known unto herself personally, defendant served at Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, Cumberland County, Pennsylvania 17013 it contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37. May 07, 2009 Pamela SO ANSWERS, sf'..r?s?.tli R THOMAS KLINE, SHERIFF 9 BY age, Inc. Deputy Sheriff `S ;. Gracey 0 H -: F4i Z-1 P ? 'C a Ct7 5 e Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. Attorney for : CUMBERLAND COUNTY : COURT OF COMMON PAMELA K. GRACEY CIVIL DIVISION . No. 2009-02519 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 PAMELA K. GRA CEY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days fro service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's amages as follows: As set forth in Complaint $260,533.57 Interest - 04/15/2009 to 06/24/2009 $3,217.72 TOTAL $263,751.29 I hereby certify that (1) the Defendant's last known address ' 3950 BROOKR DGE DRIVE, MECHANICSBURG, PA 17050-2103, and (2) that not' e s been given in ccordar with Rule 237.1, copy attached. W -Z?, 31 Lavk'ence T. Phelan, Esquh Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esqu Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqui Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquir Jaime McGuinness, Esquirf Chrisovalante P. Fliakos, E Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquir Andrew C. Bramblett, Esgt Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: U PHS # 202497 PROTHONOTARY ??h 1 ?? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON VS. PAMELA K. GRACEY : CIVIL DIVISION : No. 2009-02519 VERIFICATION OF NON-MILITARY SERVICE The undersigned Attorney hereby verifies that she/he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she/he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service oft the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civ 1 Relief Act of Congress of 1940, as amended. (b) that defendant PAMELA K. GRACEY is over 18 years of age and resides at 3950 BROOKRIDGE DRIVE, MECHANICSBURG, PA 17050-2103. This statement is made subject to the penalties o 1 a. C.S. Section 904 relating to unsworn falsification to authorities. I r Lav,Yence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquir Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquin 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, Esc Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esqui: Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center JUN-24-2009 06:33:13 Military Status Report Pursuant to the Servicemembers Civil Relief Act . Last Name First/Middle Begin Date Active Duty Status Service/ A gency GRACEY Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is c rrently on active duty. Upon searching the information data banks of the Department of Defense Manpower Dat Center, based on the information that you provided, the above is the current status of the individual as t all branches of the Military. hhkyl Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/24/2009 CITIMORTGAGE, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 2009-02519 PAMELA K. GRACEY Defendant(s) TO: PAMELA K. GRACEY 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050-2103 DATE OF NOTICE: May 28, 2009 CUMBERLAND COUNTY P/L'r coor THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. T S NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE ERRED 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 O BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIE AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH T COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. MILESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY B ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY R OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. T S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 202497 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94E Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 One Penn Center Plaza Philadelphia, PA 19103 PHS # 202497 OF 2089 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEA PAMELA K. GRACEY CIVIL DIVISION 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050-2103 No. 2009-02519 Notice is given that a Judgment in the above captioned matter has been against you on 111'4114? -- `f/ 1&41 /. k?i By: If you have any questions concerning this Lawfence 1. 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, Esquir( Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, 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 DEB I ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF 1 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS I SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** entered 'fie )''/ot-?? AND OU WAND BUT SHERIFF'S OFFICE OF CUMBERLAND COUNTY -., ,_- - Ronny R Anderson _ ~--- Sheriff ~ ~'~'' ' 4 ., ~ ~i. ~,~,u!,r~,f~ Jody S Smith '~ °~~ <J ~ , i; f ~-:~ t-~ , ` ~ ~ •• Chief Deputy Edward L Schorpp Solicitor ~~ t ', . Citimortgage Inc vs. Case Number Pamela K. Gracey 2009-2519 SHERIFF'S RETURN OF SERVICE 09/25/2009 11:10 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 09/25/09 at 1108 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Pamela K. Gracey, located at, 3950 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/13/2009 04:43 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10/13/09 at 1640 hours, she 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: Pamela K. Gracey, by making known unto, Pamela K. Gracey, personally, at, 3950 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him/her personally the said true and correct copy of the same 12/07/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04!07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4!6/10 SHERIFF COST: $668.72 April 07, 2010 SO ANSWERS, E~ . RON R ANDERSON, SHERIFF ~.s~~~~ ~~~ ~s~~,3 CITIMOR'~GAGE, INC. . . CUMBERLAND COUNTY Plaintiff, . v. COURT OF COMMON PLEAS PAMELA K. GRACEY CIVIL DIVISION N0.2009-02519 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3950 BROOKRIDGE DRIVE, MECHANICSBURG, PA 17050 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) PAMELA K. GRACEY 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: PAMELA K. GRACEY 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050 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 None Address (if address cannot be reasonably ascertained, please indicate) 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 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Ftoor, 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 statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t autltorities. August 21, 2009 DATE ^ Lawrence T. Phelan, ., 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 E~f'~heetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 - CI'1'IMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, . ~• No. 2009-02519 PAMELA K. GRACEY . Defendant(s). . August 21, 2009 TO: PAMELA K. GRACEY 3950 BROOKRIDGE 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 HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND 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 3950 BROOKRIDGE DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $263,751.29 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s 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 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 Z LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point of intersection of the western line of Brookridge Drive and the line of adjoiner between Lots 129 and 130 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner North 72 degrees 15 minutes 00 seconds West a distance of 227.49 feet to a point; thence North 16 degrees 52 minutes 00 seconds East along lands now or formerly of James E. Grandon, Jr., a distance of 112.47 feet to a point; thence South 72 degrees 15 minutes 00 seconds East along the line of adjoiner between Lots 130 and 131 on said Plan a distance of 229.22 feet to a point on the western line of Brookridge Drive aforesaid; thence along said western line South 17 degrees 45 minutes 00 seconds West a distance of 112.46 feet to a point, the place of BEGINNING. BEING LOT N0.130 on the Final Subdivision Plan No. 11 of Ridgeland recorded in the Office of Recorder of Deeds of Cumberland County in Plan Book 47, Page 124. UNDER AND SUBJECT TO any and all restrictions, easements, conditions of record, including, but not limited to, the 30-foot wide drainage easement of said lot and further residential restrictions, setback lines, rights of way and other easements as applicable to said lot of prior record, as shown on the aforesaid subdivision plan and as may be visible upon inspection. TITLE TO SAID PREMISES IS VESTED IN Pamela K. Gracey, an adult individual, by Deed from Jon Gracey and Pamela Gracey, h/w, dated 10/20/2006, recorded 10/30/2006 in Book 277, Page 1632. PREMISES BEING: 3950 BROOKRIDGE DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 10-17-103 5-142 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-2519 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From PAMELA K. GRACEY (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$263,751.29 L.L.$.50 Interest FROM 06/25/2009 - 12/09/2009 (PER DIEM - $43.36) - $7,284.48 Atty's Comm Atty Paid $156.00 Plaintiff Paid Date: August 24, 2009 (Seal) Due Prothy $2.00 Other Costs C is R. Long, o otary By: Deputy REQUESTING PARTY: Name SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP, ONE PENN CENTER PLAZA, SUITE 1400, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 81760 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3950 Brookridge Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 By: Real Estate Coordinator ~~ ~,,~~~ ~ ~- .r, '' ' -the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Abe ~latriot News NOw you know CARLISLE PA 17013 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 Leslie Kramer, 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: 10/23/09 VYrlt No. 2009-2519 Clvll Tarm CITIMORTGAOE, Inc. Vs Pamela K. aracsy Atty: Daniel Schmisg By virtue of 'a Writ of Execution No. 2009- 02519' C1TIluI0RTGAGE, INC. YS. PAMELA R GRACEY owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, beufg (Municipality) 3950 BROOICRIDGE DRIVE, M6CHANICSBURG, PA 17050 Parcel No 10- 17-1035-147 (Acreage or street address) Improvements thereon: .RESIDENTIAL DWELLING 10/30/09 11/06/09 ~-~ f Sworn to and scribed before me'thi~daq o~'I~ovember, 2009 A. D. ~ ~~~~ Notary Public ~---. CO~MlVlONV11EAI_"1"M C~ M~lNh19°~I,`~JFiNIA Not~riei Saai Sherrie L. Ki~ner, P~`otary Public City ClF t•4arristsurg; Dauphin County MY Com¢xtission ~~ires Nov. 26, 2011 4Vlember, Pennsylva»ia Association of Notaries 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: October 23, October 30 and November 6, 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. Writ No. 2009-2519 Civil SWORN TO AND SUBSCRIBED before me this Citimortgage, Inc. 6 da of November 2009 vs. Pamela K. Gracey , Atty: Daniel Schmieg l~rC ~ ' C By virtue of a Writ of Execution No. 2009-02519, CITIMORTGAGE - - . - Notary , INC. vs. PAMELA K. GRACEY owner , of property situate in the TOWN- SHIP OF HAMPDEN, Cumberland -----~ County, Pennsylvania, being 3950 NOTARIAL SEAL BROOKRIDGE DRIVE, MECHANICS- DEBORAH A COLLINS BURG, PA 17050. Notary Public Parcel No 10-17-1035-142. CARLISLE BORO, CUMBERLAND COUNTY Improvements thereon: RESIDEN- TIAL DWELLING. My Commission Expires Apr 28, 2010