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Home My WebLink About09-6715Phelan 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 nine 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 218037 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. 5280 CORPORATE DRNE MS1011 FREDERICK, MD 21703 v. Plaintiff THOMAS J. HURRAY, JR. 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM NO. dq - Co715 ~~v i t berm CUMBERLAND COUNTY File #: 218037 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 maybe 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 THI5 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 #: 218037 Plaintiff is CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS J. HURRAY, JR. 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/04/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1936, Page 3775. 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 06/01/2009 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 #: 218037 6 The following amounts are due on the mortgage: Principal Balance $126,302.20 Interest $3,439.17 05/01/2009 through 10/06/2009 (Per Diem $21.63) Attorney's Fees $1,325.00 Cumulative Late Charges $162.52 O 1 /04/2006 to 10/06/2009 Cost of Suit and Title Search . ~sn_~n Subtotal $131,978.89 Escrow Credit $0.00 Deficit $334.92 Subtotal . ~~4 9 TOTAL . $132,313.81 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nQt seeking a judgment of personal liability (or an in persnnam 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 #: 218037 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $132,313.81, together with interest from 10/06/2009 at the rate of $21.63 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. HALLINAN & SCHMIEG, LLP By: U Lance T. Phelan, E~q., Id. No. 32227 ^ Fr '<s S. Hallinan, Esq., Id. No. 62695 ^ Damel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 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 ^ 3oshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 218037 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Larue Survey Associates, dated September 13, 2003 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen Road (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands, South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 35 minutes 43 seconds East 140 feet to a point at the corner of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a point; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3) North 30 degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 degrees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. File #: 218037 CONTAINING 2.270 acres. BEING the same premises which Gerald P. Jones and Marjorie L. Jones, by deed dated October 27, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 266, Page 830, granted and conveyed unto Darryl E. Jones and Melanie M. Jones, Grantors herein. BEING PARCEL NO. 08-43-3408-016 PROPERTY BEING: 235 PEACH GLEN ROAD File #: 218037 G~Tf4t~Y{!~ 7'l+{IAJ9MOa VF,RiFiC.ATinN YAAT~JNt~tOtiq The undersigned attorney hereby states 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 obiained v,~ithin the time allowed for the filing of the pleading, that I am authorized to make this verif~~4~rz~'~i~a~+t$~~~i~'~~~ Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Actiori'in`~vY'~~E~ag ~~c~r~c~~""~"' are based upon information supplied by Plaintiff and are true and correct to the best of my lrnowledge, 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. DATE: ~ ~ b File #: 218037 0 {'LE0 DI E OF THE- FIRCD-;;";;?IMIARY 2009 OCT -8 At# 11 : 37 ?' ' I?`rrY *78.5o Pb AlTy (?,k? &ob587 a 31(?ao Sheriffs Office of Cumberland County 1 _ R Thomas Kline FL Sheriff ?-`TY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ati-IT ?t +:111t14"rt4"G OFPCE! -E RERIFF 20,19 GAT 19 AM H : 21 U ;fir` '?T Citimortgage Inc vs. Case Number Thomas J. Murray, Jr. 2009-6715 SHERIFF'S RETURN OF SERVICE 10/15/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas J. Murray, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Thomas J. Murray, Jr. The Gardners Postmaster has advised the defendant has forwarded his mail to 966 Riley Road Chesterfield, SC 29709. SHERIFF COST: $42.90 SO ANSWERS, October 15, 2009 R THOMAS KLINE, SHERIFF Phelan 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 mine 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 ~~5.5~~-goon CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff vs. THOMAS J. HURRAY, JR Defendants ~iL.~~.~1"'rit/C !.~F ~'~~ A~,;~~~=~~n~'ARY x.'0!0 FEB -9 PP9 3: 0Q ~Ulv~~~~ .~, ~ 'VTY CC J,iJ~1 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 09-6715-CIVIL TERM Flo. oo Pp ~'~ CL~ 4098y5 023'7 ~f 8a? TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: U L ence T. Phelan,~sq., Id. No. 32227 ^^ F cis S. Hallinan, sq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 ^ 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 Attorneys for Plaintiff Date: Fehn~arv S, 21(1 /cvc, Svc Dept. File# 218037 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson rII.F~.,;~ - •'~-~(~~:. -- -,-- - i~ ~ '~ i'i r ' ~ ~ ! ~ ~~t Sheriff r,~, ~~,1~`tt~ of ~u~uf+rty~~t~ Jody S Smith ~~ Ip ~~Q 22 ~,~ ~ c• ~~ Chief Deputy _ Edward L Schorpp ' Solicitor ~ ~~"~~ ~ ~-- ~~~-'~~~ Citimortgage Inc vs. Thomas J. Murray, Jr. Case Number 2009-6715 SHERIFF'S RETURN OF SERVICE 02/17/2010 01:52 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2010 at 1352 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas J. Murray Jr., pursuant to order of court by posting the premises located at 235 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 with a true and correct copy according to law. SHERIFF COST: $43.90 February 18, 2010 SO ANSWERS, Tg`: .~ ON~IY R ANDERSON, SHERIFF Deput Sheriff (c? CcurvySui[r.. Shenft. Teleos~`t In.c. PROOF OF PUBLICATION State of Pennsylvania, ('ounty of Cumberland Tames Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been. regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 12, 2010 COPY OF NOTICE OF PUBLICATION IN THE COURTOOF COMMON PEAS OF CumbeCa~d COUNTY, Affiant further deposes i:hat he,/she is not PENNSYLVANIA CIVIL acrloN -Law interested in the subject :matter of the Cifimortgage Inc S/B/M ABN AMRO Court Ot Common Pleas aforesaid notice or advertisement, and that Mortgage Group, Inc. Vs. _ Civil Division all allegations in the foregoing statement as Thomas J. Murray, Jr. Cumberland County to time, place and character of publication NOTICE TO Thomas J. Murray, Jr.: NO. 09-6715 Civil Term You are hereby notified that on October 8 2009, Plaintiff, Citimortgage Inc S/B/M ABN AMRO Mortgage Group, Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 09-6715 Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 235 Peach Glen Road, Gardners, PA 17324 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FQRTH 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 REbUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (aooj sso•sloa are true. ~ - ~- ~~ ~!`~~ % ~ i/ //~~~ /J ~, `,/ Sworn to and subscribed. before me this ,~ _ 7 Notary Public My commission expires: COMMONW_tALTH OF P~.NIVSYLVANIA iVOTARIAL SEA!_ ~-~ T?MMY S. 13RICKPIER, rotary Fubiic I Carlisle t3oro.. Cumbsriar~d County -± My Ccmmission Expires AAay 13, 2010 J PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v THOMAS J. MURRAY, JR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/27/2010 to Date of Sale ($22.36 per diem) TOTAL a~ . o o P A ATT,/ ~a . ~a cBF x(3.90 ~• 78.5p u /0.00 '• 10. 00 •. f'~ • 00 a, so X25.80 -~o ArN Note: Please attach description of property. PHS # 218037 ~a.oo ~eCo ' So t~ Lt ~~ 9~/~2S8~o ~,~ a y l'~5'1 COURT OF COMMON PLEAS CIVIL DIVISION N0.09-6715-CIVIL TERM CUMBERLAND COUNTY $136,012.54 3 711.76 ~~ ,__. a n c..~ :.:.7 _..,-~ ;~ ~•~~ _ .;- _. :` _.,. $139,724.30 " ~~: c-~ .` ~~ PZc '_' Attorney for Plaintiff Phelan 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 ^^ Pe r J. Mulcahy, Esq., Id. No. 61791 ~rew 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 o~ ~~ ~i a~ a~ oa O~ V O~ :~ U W ~V V °a V` W C7 Ey a 0 z U d~ ~ '~ ~a V .-. b ti~ ~Q x H 0 U W ~ O .°. F ~ o W 0 ~ ~ boo ~~ a, ~v >> N a~i ~ N ~ v ~ ~ ~ Q ~ O~ ~ ~ 7" ~ N N ~ ~ ~ ~ W U Q ~ aa¢., ~ Q ¢~ ~ ~ 3 ~~ ~ ," ~ W Z a ~ ~a~ ~aW b xM¢ ~x Hc~C7 rnU V~ -d w 0 N ~ ~ O ~ O~ M N ~ ~ OHO ~ ~ ,~ M V ~ ~ ~ 00 ~ N V N ~ ~ t~ n M C .M-. O~ ~O N M~~ p~ O M N ~~~ Z O N O ,Q.lzZZ~ °Z~~ o~~zZ ° °ZZv abbTi,-"~ ~zZZo~OOZv~'bWbb,~ ~~ o ~, ~ ~ ~ oq o W ..: o- v~ W o a" W W ~_ Li1 W a~i w ~ ~ ~ °_? ~ o ~ W W ~ o W c~a ~ G~. ~ ~ ~ a pF-~xv~~x°~gF~-~ ~ a ~`nC7 ~~~!A ~ •~, o ~ ~ .a ~ U ~ ~ ~ ~ ~~~ ~~ ~ ~'~ ~ ~ ~~ o ~ ~ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ~L~a.- `,- : i:`-: Philadelphia, PA 19103 7;-~r ,.,..',r,f 215-563-7000 ZO ~ ~ f`~"7 `~ -3 h'i (~. ~ ~ CITIMORTGAGE INC S/B/M ABN A 4~;MORTGAG:F ,~~20UP ~~~ ;,.~ , INC. =~ ~ ~~~ .' ~-, Plaintiff v. THOMAS J. MURRAY, JR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6715-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is 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 unsworn falsification to authorities. . ~ G~~ ~ C C By. Attorney for Plaintiff Phelan 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 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUI~ INC. Plaintiff v. THOMAS J. MURRAY, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.09-6715-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP 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 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) THOMAS J. MURRAY, JR C~ ~ -- 235 PEACH GLEN ROAD ry ~, " GARDNERS, PA 17324-8951 " ~ ~~ '--' _ -r, _ , , ~ ~.:_ ! 966 RILEY ROAD ~ ~ CHESTERFIELD, SC 29709-6242 c...~ ' ' ^ 2. Name and address of Defendant(s) in the judgment: -"- ~ ; Name Address (if address cannot be reasonably `=7 ascertained, please so indicate) --, w =~ 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) COUNTRYWIDE BANK, NA l 199 NORTH FAIRFAX STREET ALEXANDRIA, VA 22314 ABN AMRO MORTGAGE GROUP, INC. 2600 WEST BIG BEAVER ROAD TROY, MI 48007-3703 STEWART MORTGAGE INFORMATION ATTN: SHERRY DOZA P.O. BOX 540817 HOUSTON, TX 77254-0817 5. Name and address of every other person who has a ny 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 a ny 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may ~e 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 to authorities. Aril 26, 2010 C. t By: Attorney for laintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, 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 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. _ CIVIL DIVISION Plaintiff N0.09-6715-CIVIL TERM vs. THOMAS J. MURRAY, JR CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THOMAS J. MURRAY, JR 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 THOMAS J. MURRAY, JR 966 RILEY ROAD CHESTERFIELD, SC 29709-6242 * *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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,012.54 obtained by CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. (the mortgagee) a~~amst ou. In the event the sale is continued, an announcement will be made at said sale in compliance with P~'R.C. Rule 3129.3. ° ~ `' ' ` ~-, ~~; ` ,_~ NOTICE OF OWNER'S RIGHTS ll~ ~%J ~ l YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ~ -~ To prevent this Sheriff's Sale, you must take immediate action: _~ w ~~ ..~ --: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value' of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6715-CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. THOMAS J. MURRAY, JR owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 (Acreage or street address) Parcel No. 08-43-3408-016 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,012.54 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Larue Survey Associates, dated September 13, 2003 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen Road (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands, South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 35 minutes 43 seconds East 140 feet to a point at the corner of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a point; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3) North 30 degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 degrees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. CONTAINING 2.270 acres. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements visible or of record. UNDER AND SUBJECT to any and all notations as set forth in the Final Subdivision Plan for Gerald P. Jones and Marjorie L. Jones, in Plan Book 88, Page 78, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to the use of a 16 foot wide private drive extending across remaining lands of Grantors as shown as Lot No. 1 on the aforesaid Plan for the purposes of ingress, egress and regress for any vehicular or pedestrian traffic whatsoever for the benefit of lands of Grantees, their heirs, successors and/or assigns. Grantees, their heirs, successors and/or assigns shall be solely responsible for any and all maintenance and upkeep of the said 16 foot wide private drive as shown on Lot No. 1 of the aforesaid Plan. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Murray, Jr., married man, by Deed from Darryl E. Jones and Melanie M. Jones, h/w, dated 01/04/2006, recorded 01/05/2006 in Book 272, Page 3276. PREMISES BEING: 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 PARCEL N0.08-43-3408-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6715 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 THOMAS J. HURRAY, JR. (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 $136,012.54 L.L.$.50 Interest from 3/27/10 to Date of Sale ($22.36 per diem) -- $3,711.76 Atty's Comm Due Prothy $2.00 Atty Paid $225.80 Other Costs Plaintiff Paid Date: 5/3/ 10 D. Buell, P othonotary (Seal) gy; Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp SOiICItOr SHERIFF'S OFFICE OF CUMBERLAND COUNTY i=fu=J_.; . ;« '_h - .. rtx~} tt~ 41 -- - ..,.'w1~J t Citimortgage Inc Case Number vs. Thomas J. Murray, Jr. 2009-6715 SHERIFF'S RETURN OF SERVICE 06/01/2010 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 5/25/10 SHERIFF COST: $84.58 SO ANSWERS, ~% June 01, 2010 RON R ANDERSON, SHERIFF ~C'' C L /~~'. 7 ~~~.r'~ ~~, > > ~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6715 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW "I~O THE SHERH~F OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGACE INC s/b/m ABIV AMRO MORTGAGE GROUP INC., Plaintiff (s) From THOMAS J. HURRAY, JR. (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) [f 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 $136,012.54 L.L.S.50 Interest from 3/27/]0 to llate of Sale ($22.36 per diem) -- $3,711.76 Atty's Comm % Due Prothy $2.00 Atty Paid $225.80 Plaintiff Paid Date: 5!3/10 (Seal) Deputy REQUESTING PARTY: Name: JAIME McGU1NNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PH[LADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Other Costs David D. Buell, Prothonotary By: _ ~~ .... CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE COURT' OF COMMON PLEAS GROUP INC. CIVIL DIVISION Plaintiff N0.09-15715-CIVIL TERM vs. , CUMBE;BLAND COUNTY THOMAS J. MURRAY, JR , Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THOMAS J. MURRAY, JR THOMAS J. MURRA`Y, JR 235 PEACH GLEN ROAD 966 RILEY ROAD GARDNERS, PA 17324-8951 CHESTERFIELD, SC 29709-6242 * *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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 235 PEACH GLEN ROAD, GARDNERS, PA 17324-89.51 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,012.54 obtained by CITIMORTGAGE INC SB/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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, ]date charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE', OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. - '~. You may be able td 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~> SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-6715-CIVIL TERM CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. vs. THOMAS J. MURRAY, JR owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 (Acreage or street address) Parcel No. 08-43-3408-016 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,012.54 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r y LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Laxue Survey Associates, dated September 13, 2003 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen F_oad (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands., South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 35 minutes 43 seconds East 140 feet to a point at the corner of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a I>oint; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3) North 30 degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 de€;rees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. CONTAINING 2.270 acres. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-ol=way, easements and agreements visible or of record. UNDER AND SUBJECT to any and all notations as set forth in the Final Subdivision Plan for Gerald P. Jones and Marjorie L. Jones, in Plan Book 88, Page 78, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to the use of a 16 foot wide private drive extending across remaining lands of Grantors as shown as Lot No. 1 on the aforesaid Plan for the purposes of ingress, egress and regress for any vehicular or pedestrian traffic whatsoever for the benefit of lands of Grantees, their heirs, successors and/or assigns. Grantees, their heirs, successors and/or assigns shall be solely responsible for any and all maintenance and upkeep of the said 16 foot wide private drive as shown on Lot No. 1 of the aforesaid Plan. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Murray, Jr., married man, by Deed from Darryl E. Jones and Melanie M. Jones, h/w, dated 01/04/2006, recorded 01/05/2006 in Book 272, Page 3276. PREMISES BEING: 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 PARCEL N0.08-43-3408-016 CITiMORTGAGE INC SJB/M ABN AMRO MORTGAGE. GROUP INC.. r Plaintiff v. THOMAS J. HURRAY, JR Defendant(s) COUI'2T OF COMMON PLEAS CIVIL DIVISION N0.09-6715-•CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP 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 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonabbly ascertained, please so indicate) THOMAS J. HURRAY, JR 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 966 RILEY ROAD CHESTERFIELD, SC 29709-6242 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) COUNTRYWIDE BANK, NA 1199 NORTH FAIRFAX STREET ALEXANDRIA, VA 22314 ABN AMRO MORTGAGE GROUP, INC. 2600 WEST BIG BEAVER ROAD TROY, MI 48007-3703 STEWART MORTGAGE INFORMATION ATTN: SHERRY DOZA P.O. BOX 540817 HOUSTON, TX 77254-0817 5. Name and address of every other person who has a ny record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the 1 sa e. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 to authorities. April 26, 2010 C. t -•n^~ Attorney for laintiff Phelan 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. 93:337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61'791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 00134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 2'.05047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 20837:5 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Curriberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Larue Survey Associates, dated September 13, 2003 and being recorded in the Office of'the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen Road (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands, South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 35 minutes 43 seconds East 140 feet to a point at the corner of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a point.; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3) North 30 degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 degrees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. CONTAINING 2.270 acres. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements visible or of record. UNDER AND SUBJECT to any and all notations as set forth in the Final Subdivision Plan for Gerald P. Jones and Marjorie L. Jones, in Plan Book 88, Page 78, in the O:Ffice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to the use of a 16 foot wide private drive extending across remaining lands of Grantors as shown as Lot No. 1 on the; aforesaid Plan for the purposes of ingress, egress and regress for any vehicular or pedestrian trafi:ic whatsoever for the benefit of lands of Grantees, their heirs, successors and/or assigns. Grantees, their heirs, successors and/or assigns shall be solely responsible for any and all maintenance and upkeep of the said 16 foot wide private drive as shown on Lot No. 1 of the aforesaid :Plan. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Murray, Jr., married man, by Deed from Darryl E. Jones and Melanie M. Jones, h/w, dated 01/04/2006, recorded 01/05/2006 in Book 272, Page 3276. PREMISES BEING: 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 PARCEL N0.08-43-3408-016 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE INC SlB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v. THOMAS J. HURRAY, JR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/27/2010 to Date of Sale ($22.36 per diem) O TOTAL ~a.qo ~8F w3.go ~~ $x.58 ~- 78.50 " 10.00 ~' ~p.oo " l~ . oo -, a~•oo " ~ 331.88 ~ P~ a~'r/ Note: Please attach description of property. PHS # 218037 ~ o't. oo tom. t7~. Co CIC~ 1ors743 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6715-CIVIL TERM CUMBERLAND COUNTY X136,012.54 7 6~ , 24.76 $143,637.30 ~~~ y for Plaintiff Phelan 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 ~] Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 2085 ~,o C o © ""; ~~ ~ ~~ - : ~ 2 v n ~.Q~ ©..~ a c~ z~ ~'x A -~ -~ ~ -.c U O W H a ~ 0 ~ o~ ~ ~ ~ ~ a z~ z ~ oa O ~U O~ ~ ~ ~ O F~ x~ UW Oa U V v a~ ~ ~, °~ ~ ~ o0 ~ >"'ON N ~ .~.. cad" W ~ ~a .~ "'x~WW W ~ oa Q H N C7 z o o V N~ON~p~ppl~l~M 0~~~ ~~ON M~~ C~ CMN t~o0~~"'NN p ^ Qwz G Gz Q~-+p~p~N~~ C pb ~ C'Z fj. ~ .a ZZbzb o o c.~o ozz a;,zzv~ O c a~bb ..b'-~ZZZooZ;o-~oW.ti~ .. ^ ~W ~ ~~ oooW ~WWW~W.sd'y'dWW a~ ti a~i ~" ~ a,aE.;xv~~~~AH ~ ~ ~a ~ ~~ ~ci ~A ~~ v°, ae ~ y~.~E-add ~N °~ 3~ >'-' ~ 3 H a w da^^^^^^^^^^^^^^^~^ LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Larue Survey Associates, dated September 13, 2003 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen Road (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands, South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 3 5 minutes 43 seconds East 140 feet to a point at the comer of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a point; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3}North 30 degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 degrees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. CONTAINING 2.270 acres. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements visible or of record. UNDER AND SUBJECT to any and all notions as set forth in the Final Subdivision Plan for Gerald P. Jones and Marjorie L. Jones, in Plan Book 88, Page 78, in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania, to the use of a 16 foot wide private drive extending across remaining lands of Grantor as shown as Lot No. 1 on the aforesaid Plan for the purposes of ingress, egress and regress for any vehicular or pedestrian traffic whatsoever for the benefit of lands of Grantees, their heirs, successors and/or assigns. Grantees, their heirs, successors and/or assigns shall be solely responsible for any and all maintenance and upkeep of said 16 foot wide private drive as shown on Lot No. 1 of the aforesaid Plan. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Murray, Jr., married man, by Deed from Darryl E. Jones and Melanie M. Jones, h/w, dated 01/04/2006, recorded 01/05/2006 in Book 272, Page 3276. PREMISES BEING: 235 PEACH GLEN ROAD, GARDNERS, PA 173248951 PARCEL NO.08-43-3408-016 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v. THOMAS J. MURRAY, JR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6715-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage (X) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. i ~ ~~ - BY ~ N ~. fi d Att ey for Plaintiff ~~ u~ Z Phelan Hallinan &Schmieg, LLP ~t7 v ,Q ~,,,_, ^ Lawrence T. Phelan, Esq., Id. No. 32227 Z g ~'z ^ Francis S. Hallinan, Esq., Id. No. 62695 _+.. _ "~ a j ^ Daniel G. Schmieg, .Esq., Id. No. 62205 00 ~ ~~'-,,, ^ Michele M. Bradford, Esq., Id. No. 69849 ~~ "- ~rr> ^ Judith T. Romano, Esq., Id. No. 58745 ~~ ti v ~„? ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 -~ c ~~ ^ Jenine R. Davey, Esq., Id. No. 87077 ~ ^ Lauren R. Tabas, Esq., Id. No. 93337 Q ' ~ c ~ ^ 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 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v. THOMAS J. HURRAY, JR. Defendant(s) . COURT OF COMMON PLEAS . CIVIL DIVISION . NO.: 09-6715-CIVIL TERM • CUMBERLAND COUNTY PHS # 218037 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP 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 235 PEACH GLEN ROAD, GARDNERS, PA 173248951. Name and address of Owner(s) or reputed Owner(s): G~° O ~ Name Address (if address cannot be reasonably ... r~ M ascertained, please so indicate) ~t~1 X0,7 ~~' ""' " ~v THOMAS J. HURRAY, JR 235 PEACH GLEN ROAD ~!~ --' ~ p GARDNERS, PA 17324-8951 ~~ Sp 966 RILEY ROAD A~~ __ ~n rn CHESTERFIELD, SC 29709-6242 p ~ p Name and address of Defendant(s) in the judgment: ~ w '~ Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Countrywide Bank, N.A. 1199 North Fairfax Street Alexandria, VA 22314 ABN Amro Mortgage Group, Inc. 2600 West Big Beaver Road Troy, MI 48007-3703 ABN Amro Mortgage Group, Inc. 1201 East Lincoln Madison Heights, Michigan 4$071-4171 Stewart Mortgage Information P.O. Box 540817 Attn: Sherry Doza Houston, TX 772540817 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. 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 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Advisory 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street, Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 1000 Liberty Avenue, Room 704 Pittsburgh, PA 17105 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program 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 to authorities. October 12, 2010 Attorney for Plaintiff Phelan 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 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~p t IITIMORTGAGE INC SB/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. • CIVIL DIVISION Plaintiff NO.: 09-6715-CIVIL TERM vs. THOMAS J. MURRAY, JR CUMBERLAND~O~iT~i Defendant(s) -~3 0 ~ o ~9r'- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~~ -a ~~ -.~3' ~ °a z TO: THOMAS J. MURRAY, JR. THOMAS J. MURRAY, JR. a ~ ~ o,'~'',1 235 PEACH GLEN ROAD 966 RILEY ROAD zo o~ GARDNERS, PA 17324-8951 CHESTERFIELD, SC 29709 ~ ~~' ~ w zs **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE U5ED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,012.54 obtained by CITIMORTGAGE INC SB/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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the .Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale. for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3r 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO.09-6715-CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. THOMAS J. MURRAY, JR owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 235 PEACH GLEN ROAD. GARDNERS. PA 17324-8951 Parcel No. 08-43-3408-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,012.54 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land. situate in Dickinson Township, Cumberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Larne Survey Associates, dated September 13, 2003 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen Road (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands, South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 35 minutes 43 seconds East 140 feet to a point at the corner of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a point; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3) North 30 .degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 degrees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. CONTAINING 2.270 acres. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements visible or of record. UNDER AND SUBJECT to any and all notions as set forth in the Final Subdivision Plan for Gerald P. Jones and Marjorie L. Jones, in Plan Book 88, Page 78, in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania, to the use of a 16 foot wide private drive extending across remaining lands of Grantor as shown as Lot No. 1 on the aforesaid Plan for the purposes of ingress, egress and regress for any vehicular or pedestrian traffic whatsoever for the benefit of lands of Grantees, their heirs, successors and/or assigns. Grantees, their heirs, successors and/or assigns shall be solely responsible for any and all maintenance and upkeep of said 16 foot wide private drive as shown on Lot No. 1 of the aforesaid Plan. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Murray, Jr., married man, by Deed from Darryl E. Jones and Melanie M. Jones, h/w, dated 01/04/2006, recorded 01/05/2006 in Book 272, Page 3276. PREMISES BEING: 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 PARCEL NO.08-43-3408-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6715 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 THOMAS J. MURRAY, JR (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 $136,012.54 L.L. Interest from 3/27/10 to Date of Sale ($22.36 per diem) -- $7,624.76 Atty's Comm Atty Paid $331.88 Plaintiff Paid Date: 10/15/10 '" (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: Deputy Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OESERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. DEFENDANT THOMAS J. MURRAY, JR PHS # 21,8037 SERVICE TEAM/ kxc COURT NO.: 09-6715-CIVIL TERM SERVE THOMAS J. MURRAY, JR AT: 966 RILEY ROAD CHESTERFIELD, SC 29709-6242 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 03/02/2011 SERVED Served and mad own to OM AS J. MUR A J efendant on the Sdday of 3'°??010 , at 9 o'clock r. M., at in the manner described below: 11 r10 =:+ Defendant personally served. 2- Off} rt Adult family member with whom Defendant(s) reside(s). // t",rtc _rl Relationship is ?rn. rri Adult in charge of Defendant's residence who refused to give name or relationship. N Manager/Clerk of place of lodging in which Defendant(s) reside(s). .. I q d Agent or person in charge of Defendant's office or usual place of business. C1?ca an officer of said Defendant's company. ` Q Other: 1Q ,Q C?, Descrip'on: Age GS Height. Weight lD? Race/'?CIS-ex ?- :s1 ^t I, $Gr• % 1 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 subscoed bef ?e me I 0y of lac. 1 12-1C-lv Noizry: By: SSa.. t'?1 s ' rs?-? NOT SRVED On the of 20at o'clock M., Defendant NO'C FOUND because: Vacan _ Does Not Exist _ Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of _. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Ha116nan, Esq, Id. No. 62695 Daniel G. Schmic& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal P. Shah-Jan], Evq, Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Fsq, 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 Chrisovalonte P. Fliakoe, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R Doom, Esq., Id. No. 206779 Andrew C. Bramblett, E'sq, Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 FILED-OFFICE OF THE PROTHONOTARY 201111,1 1 "3 i' a Ft P N,%"S Y ``:rt?:iwr1 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County THOMAS J. MURRAY, JR No.: 09-6715=CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 218037 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 8, 2009. 2. Judgment was entered on March 30, 2010 in the amount of $136,012.54. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriff s Sale of the mortgaged property at 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 07 Bankruptcy at Docket Number 10-03607 on May 20, 2010. The Bankruptcy was discharged by order of court dated August 24, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". The Property is listed for Sheriffs Sale on March 2, 2011. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 2, 2011 $126,302.20 $14,493.67 218037 Per Diem $21.63 Late Charges. Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL . $162.52 $1;325.00 $1,703.12 $84.58 $1,514.30 $84.00 $0.00 $0.00 ($0.00) $2,994.15 $148,663.54 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 7, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 218037 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the .. judgmerit-as requested. Phelan Hallinan & SchmiPQ T .I.P DATE: wrence T. e an, Esq., I . 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 . Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 218037 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 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN AMRO Court of Common Pleas MORTGAGE GROUP INC. Plaintiff Civil Division V. CUMBERLAND County THOMAS J. MURRAY, JR No.: 09-6715-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 218037 I. BACKGROUND OF CASE THOMAS J. MURRAY, JR executed a Promissory Note agreeing to. pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 218037 Home Mortgage Co!poration of the.Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 218037 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be 218037 charged until the debt is paid in full or.otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1.865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 218037 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiffrecognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 218037 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 218037 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: t? Phelan Hallinan & Schmieg, LLP wren helan, Escr!rd. No. 32227 F-I 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 ison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 218037 Exhibit "A" 218037 ATTORNEY RETURN OPY PLC 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 Jenne 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 S/B/M ABN AMRO MORTGAGE GROUP INC. VS. THOMAS J. MURRAY, JR C ? a Attorney for Pla#l -„ ? ry Q C L , _ ?,; f `t; P ern C- N ?. ' NTORNEY RLE COPY PlSE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-6715-CIVIL TERM p PORE R?QPY 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 THOMAS J. MURRAY. JR, 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 Plaintiff s damages as follows: As set forth in Complaint $132,313.81 Interest -10/07/2009 to 03/26/2010 $3,698.73 TOTAL $136,012.54 I hereby certify that (1) the Defendant's last known addresses are 966 RILEY RD. CHESTERFIELD SC 29709-6242 and the mortgaged premises 235 PEACH GLEN ROAD GARDNERS PA 17324-8951 and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. PheI E ' e Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire .8Feetal R. Shah-Jani, Esquire Jenne 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: '3 !o PHS A 219037 "40TIY s Exhibit "B" 218037 Case 10-03607 jw Doc 20 Filed 08/24/10 Entered 08/24/10 16:45:37 Desc Ch 7 Form 1666NC (Revised 06/24/2009) Order Dsc T/DB/CLCS (BNC) Page 1 of 2 United States Bankruptcy Court - District of South Carolina J. Bretton Davis United States Bankruptcy Courthouse 1100 Laurel Street Columbia, SC 29201-2423 Case Number: 10-03607-jw Chapter: 7 In re: (Debtor(s) name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address) Thomas Joseph Murray Jr. Carissa Ann Murray 966 Riley Road 966 Riley Road Chesterfield, SC 29709 Chesterfield, SC 29709 Last four digits of Social Security or other Individual Taxpayer Last four digits of Social Security or other Individual Taxpayer No(s)(if any): xxx-xx-4858 No(s)(if any): xxx-xx-4044 ORDER Filed Entered By The Court DISCHARGE OF DEBTOR 08/24/10 08/24/10 ORDER DISCHARGING TRUSTEE Tammi M. Hellwig ORDER CLOSING CASE Clerk of Court US Bankruptcy Court It appearing that the debtor is entitled to a discharge, IT IS ORDERED: 1. The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). 2. The trustee has certified that the estate of the above-named debtor(s) has been fully administered, therefore, the case trustee, is discharged as the trustee of the above named debtors(s) and the bond is canceled. 3. The Chapter 7 case of the above-named debtor(s) is closed. Columbia, South Carolina August 24, 2010 Document 20 - 3 Chief United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION Case 10-03607 jw Doc 20 Filed 08/24/10 Entered 08/24/10 16:45:37 Desc Ch 7 Order Dsc T/DB/CLCS (BNC) Page 2 of 2 EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a discharged debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can De required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the discharged debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts that are Not Discharged. Some of the common types of debts which are W discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; I. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts. j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 10-03607 jw Doc 20-1 Filed 08/24/10 Entered 08/24/10 16:45:37 Desc Ch 7 Order Dsc T/DB/CLCS (BNC): Notice Recipients Page 1 of 1 Notice Recipients District/Off. 0420-3 User: lee Date Created: 8/24/2010 Case: 10-03607 jw Form ID: 166BNC Total: 27 Recipients of Notice of Electronic Filing: ust US Trustee's Office USTPRegion04.CO.ECF@usdoj.gov aty Eric S Reed eric.reedlawfirm@gmail.com aty Eric S. Reed eric.reedlawfirm@gtnail.com aty William S. Koehler wkoehler@rtt-law.com TOTAL: 4 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Thomas Joseph Murray, Jr. 966 Riley Road Chesterfield, SC 29709 jdb Carissa Ann Murray 966 Riley Road Chesterfield, SC 29709 tr Robert F. Anderson P.O. Box 76 Columbia, SC 29202-0076 541431310 ABN AMRO MORTGAGE 8201 INNOVATION WAY Chicago IL 60682 541431311 BANK OF AMERICA 450 AMERICAN ST SIMI VALLEY CA 93065 541431312 BANK OF AMERICA PO BOX 5170 Simi Valley CA 93062 541431313 CAMPUS PARTNERS PO BOX 970004 Boston MA 02297 541431314 CHASE PO BOX 15298 WILMINGTON DE 19850 541431315 CHESTERFIELD COUNTY TREASURER 200 W MAIN STREET Chesterfield SC 29709 541431316 CITICARDS PO BOX 6500 SIOUX FALLS SD 57117 541431317 CITIMORTGAGE PO BOX 183040 Columbus OH 43218 541431318 CMPPTNRS/ELON COLLEGE PO BOX 3176 WINSTON SALEM NC 27102 541431320 CUMBERLAND COUNTY CLERK OF COURT 1 COURTHOUSE SQUARE Carlisle PA 17013 541431319 CUMBERLAND COUNTY CLERK OF COURT 2 LIBERTY AVENUE Carlisle PA 17013 541431321 CUMBERLAND COUNTY TREASURER 1 COURTHOUSE SQUARE 1 FLOOR, ROOM 103 Carlisle PA 17013 541431322 GALLERIA AT SPLIT ROCK PO BOX 592 Lake Harmony PA 18624 541431323 IRS 1835 ASSEMBLY STREET STOP MDP 39 Columbia SC 29201 541431324 PA DEPT OF REVENUE 1 REVENUE PLACE Harrisburg PA 17129 541431325 PA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG PA 17110 541431326 PA STATE EMPLOYEES CREDIT UNION PO BOX 67013 Harrisburg PA 17106 541431327 PHELAN HALLINAN &SCHMIEG SUITE 1400 1 PENN CENTER PLAZA AT SUBURBAN STATION Philadelphia PA 19103 541431328 SC DEPT OF REVENUE PO BOX 125 Columbia SC 29214 541431329 VACATION CHARTERS LTD PO BOX 647 LAKE HARMONY PA 18624 TOTAL: 23 s Exhibit "C" 218037 0 0 v a. J w_ U V) 46 Q z ?ll z W x 0. O Y Q? U a 'TJ y, C y ? GC T? R7 ? ? Q a F O-'? y C fA 'd Q E C N ? E v x G) GL t d 3 E E :° ? v' h o N e U v - £ 0 L 6 4 3000 dIZ WOHJ 0311M _ cf ? ?' C L0Z LONVr 99ZLLZOOOO W L /I?? C ¦//¦??¦¦ Z O z9lzV o 53Ah09 A3Nlk C ® ? / 0 ? y F cy n• BE C eT- N O -d b y`' G b ? spa a v E ro a F ?o u W 'Y -° y o E 2 F °. w v, e O? - t y w OC N !t v o k v v ? o ? N ?D v ? Q.o O G ,,,? v v o ? Q ? N m gip' v . ?°cw a w C/j o 0 7 a, x L .. E .o. z A ??RE ,., _ Vi t-I Lim ?FN w' v o 0 Q u H o QO N it ? W v>a F'r Qf) d O v W: U v w W A ? .] Q o ..o Q a G? N p? ° w a a ? v Q V U U y? o Q Q ?a E o o Z F !1' z o 00 U N N .a c o. ° m n v . E z' C C •-a •- N t'1 v'? ?O l, 1 00 1 O? O 1 N - 1 M - 1 d- - p _v F a M O 00 N i .,., fly e PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey January 7, 2011 THOMAS J. MURRAY, JR 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 RE: CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. v. THOMAS J. MURRAY, JR Premises Address: 235 PEACH GLEN ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 09-6715-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by January 12, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly yours, VIC L ence 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: Aliq I, By: Phelan Hallinan & Schmieg, LLP rancis S. Hall' an, 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 ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 218037 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff V. THOMAS J. MURRAY, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-6715-CIVIL TERM CERTIFICATION OF SERVICE 218037 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief In Support thereof, were sent to the following individual on the date indicated below. THOMAS J. MURRAY, JR THOMAS J. MURRAY, JR 235 PEACH GLEN ROAD 966 RILEY ROAD GARDNERS, PA 17324-8951 CHESTERFIELD, SC 29709-6242 Phelan Hallinan & Schmieg, LLP DATE: By: ence T. P an, Esq., 62227 ? 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 son F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 218037 CITIMORTGAGE INC. S/B/M ABN IN THE COURT OF COMMON PLEAS OF AM O MORTGAGE GROUP, INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. I : TH MAS J. MURRAY, JR., DEFENDANT 09-6715 CIVIL TERM ORDER OF COURT AND NOW, this _l day of January, 2011, a hearing on the within motion to reassess damages shall commence at 2:45 p.m., Monday, February 7, 2011, in C?urtroom Number 5, i saai ?Allr Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. C) c _ ? m ca c- =-n z? .n r" Wr- N X10 5 kfelts, nw,,ler? ?° J. Murray, Jr , Kof-} 00 -e u, lk? 1J f ?' d j v >f e l_ l J 1 i. 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 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC S/B/M ABN AMRO Court of Common Pleas MORTGAGE GROUP INC. Plaintiff Civil Division V. CUMBERLAND County THOMAS J. MURRAY, JR No.: 09-6715-CIVIL TERM Defendant CERTIFICATION OF SERVICE 218037 A. I hereby certify that a true and correct copy of the Order of Court dated January 21, 2011 scheduling a Hearing for Plaintiff's Motion to Reassess Damages on February 7, 2011 at 2:45 p.m. was sent to the following individual on the date indicated below. THOMAS J. MURRAY, JR THOMAS J. MURRAY, JR 235 PEACH GLEN ROAD 966 RILEY ROAD GARDNERS, PA 17324-8951 CHESTERFIELD, SC 29709-6242 Phelan Hallinan & Schmieg, LLP DATE: 3 - 1 By:?U ? 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 alme 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 218037 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC SB/M ABN AMRO CUMBERLAND COUNTY G - MORTGAGE GROUP INC. COURT OF COMMON Pur r _. Plaintiff, s CIVIL DIVISION cnr a THOMAS J. MURRAY, JR No.: 09-6715-CIVII, TERM 3;p Q Defendant(s) v z °- AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set fo on the Affidavit and as amended if 7) and/or Certified Mail Return applicable. A copy of the Certificate of Mailin?(Fo 81 Receipt stamped by the U.S. Postal Service is ttac a ereto Exhibit "A". Date: 1131111 Lawrence T. Phelan, Esq., IdTJpe=27 ? 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 FSbhn tal R. Sh ah-Jani, Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 en 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 218037 W, Q V C a 8 UI us .5 K V? O ° a lii a a A•p.`?°?Q t b 9 b d n QO w ? 0 l6 l 3000 d1Z WOEW 0311VW OLOZ 9 L IOO 99ZLL b ? p b 000 x 0*0190 s VU z o . v i9N10U A?MAJd AUMMrr MM4 'F r gk' LVxY f C 0 s "J a i ? r.n 3 G a+ ?pp ! p y Qr re Em a o O o. ° •?• ,n. a V U p a a °? 3• ! 'O M b p at a a °pH?° g O pG 3 y CI?M w d O ON ?'! OOW ZWH dpy Gj O. ° ! ! e as '"' 9 .. f? ! o RR?ii o $ •? •? h p? R"i C t' !' w •° ! v ? pWy ? If I o .P9 aza O f? • op` ? .00 !1 ?v3 ae z ??' ''? o ee .. ? 3 O° 8 aa?? , « oa ? .g a .?i a? • E . z cti '?v vad S a??N v? ?? ? o eax vaa o S Cwa? a .F^j' .w N M ?T ?!1 ?D P 00 O? O .•? N w " t r' _ FILED-CFFItE 2011 FEB -7 Pty 3= 4.1+ CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO Court of Common Pleas MORTGAGE GROUP INC. Plaintiff Civil Division V. CUMBERLAND County THOMAS J. MURRAY, JR No.: 09-6715-CIVIL TERM Defendant ORDER AND NOW, this / day of???'u r , 2011 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is. ORDERED to amend the writ.nunc pro tunc in this case as follows: Principal Balance $126,302.20 Interest Through March 2, 2011 $14,493.67 Per Diem $21.63 Late Charges $162.52 Legal fees $1,325.00 Cost of Suit and Title $1,703.12 Sheriffs Sale Costs $84.58 Property Inspections/ Property Preservation $1,514.30 Appraisal/Brokers Price Opinion $84.00 O 11 Mortgage Insurance Premium / Private Mortgage Insurance $0.00 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,994.15 TOTAL $148,663.54 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY COURT ?vered l?la?6?ounC. (.? {? ?. maw 1` QA0.% Morva l Ac - CCPV C2/'7/ t/ At6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L40,1p of clun6, ?'Ff F. FILED-OFIRCE C THE PROTHONOTARY 1011 APR -1 AM to: 15 CUMBERLAND COUNTY PENNSYLVANIA Contimortgage Inc vs. Case Number . Thomas J. Murray, Jr. 2009-6715 SHERIFF'S RETURN OF SERVICE 01/03/2011 08:25 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by postinc a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 235 Peach Glen Road, Gardners, PA 17324, Cumberland County. 01/10/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Thomas J. Murry, Jr. at 966 Riley Road. Chesterfield, SC 297009. The return receipt card was signed by Amanda Hawk on 1/6/11 and returned to the Cumberland County Sheriffs Office. 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $756.35 March 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Vf 'd0 pd 5,- j?-'- 3 n; CcuntySwte Sheriff . 7e'. ecso", lm- l • CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff , V. THOMAS J. MURRAY, JR. Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6715-CIVIL TERM CUMBERLAND COUNTY PHS # 218037 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP 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 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951. Name and address of Owner(s) or reputed Owner(s): Name THOMAS J. MURRAY, JR. Address (if address cannot be reasonably ascertained, please so indicate) 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 966 RILEY ROAD CHESTERFIELD, SC 29709-6242 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be Countrywide Bank N A reasonably ascertained, please indicate) , . . 1199 North Fairfax Street Alexandria, VA 22314 ABN Amro Mortgage Group, Inc. 2600 West Big Beaver Road Troy, MI 48007-3703 ABN Amro Mortgage Group, Inc. 1201 East Lincoln Madison Heights, Michigan 48071-4171. Stewart Mortgage Information P.O. Box 540817 Attn: Sherry Doza Houston, TX 77254-0817 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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) TENANVOCCUPANT Domestic Relations of Cumberland County 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Advisory P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street, Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 1000 Liberty Avenue, Room 704 Pittsburgh, PA 17105 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program 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 to authorities. October 12, 2010 By: -7fCf?? Attorney for Plaintiff Phelan 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 1. Goldman, Esq., Id. No. 205047 P Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. VS. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 09-6715-CIVIL TERM THOMAS J. MURRAY, JR. : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THOMAS J. MURRAY, JR. 235 PEACH GLEN ROAD GARDNERS, PA 17324-8951 THOMAS J. MURRAY, JR. 966 RILEY ROAD CHESTERFIELD, SC 29709-6242 "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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,012.54 obtained by CITIMORTGAGE INC SB/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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You. may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-6715-CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. THOMAS J. MURRAY, JR owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 Parcel No. 0843-3408-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,012.54 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, being Lot No. 1 as shown on a Preliminary-Final Subdivision Plan, prepared by Larue Survey Associates, dated September 13, 2003 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 78, bounded and described, to wit: BEGINNING at a point located along a public road known as Peach Glen Road (S.R. 1020) at lands now or formerly of Craig E. Metzger; thence along said lands, South 17 degrees 46 minutes 52 seconds East 61.05 feet to a point; thence still along said lands, South 78 degrees 27 minutes 52 seconds East, 110.06 feet to a point along other lands now or formerly of Craig E. Metzger; thence along said lands South 45 degrees 35 minutes 43 seconds East 140 feet to a point at the corner of Lot No. 2; thence along said Lot No. 2, the following 5 courses and distance: 1) South 59 degrees 08 minutes 24 seconds West, 179.04 feet to a point; 2) South 52 degrees 11 minutes 13 seconds West, 165.22 feet to a point; 3) North 30 degrees 51 minutes 36 seconds West, 20.00 feet to a point; 4) South 59 degrees 08 minutes 24 seconds West, 286.04 feet to a point; and 5) North 28 degrees 50 minutes 00 seconds West, 117.81 feet to a point located at land now or formerly of Andrew S. Zenuch; thence along said lands and lands now or formerly of Frederick K. Payne and lands now or formerly of Robert M. Keene, North 61 degrees 10 minutes 00 seconds East, 299.92 feet to a point; thence still along said lands now or formerly of Robert M. Keene (erroneously referred to in previous deed as Keen), North 30 degrees 45 minutes 34 seconds West, 169.29 feet to a point located along said public road known as Peach Glen Road (S.R. 1020); thence along said public road, North 59 degrees 38 minutes 04 seconds East, 188.93 feet more or less to a point, the place of BEGINNING. CONTAINING 2.270 acres. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements visible or of record. UNDER AND SUBJECT to any and all notions as set forth in the Final Subdivision Plan for Gerald P. Jones and Marjorie L. Jones, in Plan Book 88, Page 78, in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania, to the use of a 16 foot wide private drive extending across remaining lands of Grantor as shown as Lot No. 1 on the aforesaid Plan for the purposes of ingress, egress and regress for any vehicular or pedestrian traffic whatsoever for the benefit of lands of Grantees, their heirs, successors and/or assigns. Grantees, their heirs, successors and/or assigns shall be solely responsible for any and all maintenance and upkeep of said 16 foot wide private drive as shown on Lot No. 1 of the aforesaid Plan. TITLE TO SAID PREMISES IS VESTED IN Thomas J. Murray, Jr., married man, by Deed from Daryl E. Jones and Melanie M. Jones, h/w, dated 01/04/2006, recorded 01/05/2006 in Book 272, Page 3276. PREMISES BEING: 235 PEACH GLEN ROAD, GARDNERS, PA 17324-8951 PARCEL NO. 08-43-3408-016 WRIT OF EXECUTION and/or ATTACHMENT COMIMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6715 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 THOMAS J. MURRAY, JR (I) 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 $136,012.54 L.L. Interest from 3/27/10 to Date of Sale ($22.36 per diem) -- $7,624.76 Atty's Comm % Due Prothy $2.00 Atty Paid $331.88 Other Costs Plaintiff Paid Date: 10/15/10 avid D. Buel Prothonotary (Seal) By: REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Deputy TRUE COPY FROM RECORD In Testimony whereof, t here unto set my hind and the seal of said Court at Csdisls ?20 ^ This day of Prothonotary 0 Telephone: 215-563-7000 Supreme Court ID No. 206779 On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 235 Peach Glen Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator 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: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this _ 11 da of Februar 2011 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-6715 Civil Citimortgage Inc. vs. Thomas J. Murray, Jr. Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 09-6715-CIVIL TERM, CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. vs. THOMAS J. MURRAY, JR., owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being 235 PEACH GLEN ROAD, GARDNERS, PA 17324- 8951. Parcel No. 08-43-3408-016. .Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $136,012- .54. 42 The Patriot-Mews Co. 2020 Techlnology Pkwy Suite ;300 MechanicsburcI,,PA 17050 Inquiries = 71';7'-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLA,ND COUNTY COURT HOUSE ZhePatriot-fetus 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, Count/ of Dauphin) ss Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Harripden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 perscnal 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: 2009.6715 Civil Term 1/28/11 Cltlmortgage Inc Vs 2/4/11 Thomas J. Murray, Jr. Aft. Daniel E;chmle 22/11111 g By virtue of a Writ Of Execution N0. 09-6715-CIVIL TERM CITIMOR r ( tom. _-k R TGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. vs. THOMAS J M Sworn to and-t>ubscribed bef re me this 22 d4of February 2011 A D . URRAY, J R , . . O of propert, situate it DIC RINSON TOWNSHIP Ctimbe l d ''? ? , r an County, Pennsylvania, being _.. { : t - (Municipality) 235 PEACH GLEN ROA:1 G Notary PUbl C _ 1 ARDNERS PA 17324-8951 Parcel No. 0843-3408-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING COMMONWEALTH OF PENNSYLVANIA JUDGMENT AMOUNT $136,012 54 Notarial Seal . Shenle I- Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commisdon Expires Nov. 26, 2011 hremlbEr. Peonso?vania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 15th day of October, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6715, at the suit of Citimortgage Inc sbm Amro Mortga eg. Group Inc against Thomas J Murray Jr is duly recorded as Instrument Number 201109955. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. c? A of Deeds Recad d 0nibmW Cmmt% CerW PA My Ca Mb ttn LON the First Monday of Jan. 2014