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HomeMy WebLinkAbout09-7348Phelan 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 vfaime 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 220146 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM N 6q CUMBERLAND COUNTY File #: 220146 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 220146 I . 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: PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/08/2005 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. 1903, Page 818. 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 04/01/2009 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 #: 220146 6. The following amounts are due on the mortgage: Principal Balance $339,877.93 Interest $12,361.68 03/01/2009 through 10/22/2009 (Per Diem $52.38) Attorney's Fees $1,325.00 Cumulative Late Charges $906.09 04/08/2005 to 10/22/2009 Cost of Suit and Title Search $550-00 Subtotal $355,020.70 Escrow Credit $0.00 Deficit $2,037.62 Subtotal V,037-62 TOTAL $357,058.32 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 220146 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $357,058.32, together with interest from 10/22/2009 at the rate of $52.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Q" m? ? 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 ?Wndrew L. Spivack, Esq., Id. No. 84439 L'J 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 File #: 220146 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: UNIT NUMBER: Lot 131 in Dartmouth Green, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, Page 340, Fourth Amendment in Record Book 706, Page 2618; and Fifth Amendment in Miscellaneous Book 711, Page 2426 (referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan Book 36, Page 88, Plan Book 86, Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38). PARCEL NO. 10-17-1031-309 PROPERTY BEING: 1275 WINDSOR ROAD File #: 220146 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 obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. mf Attmey for Plaintiff DATE: /0 _ ? a `© / File #: 220146 O. F D-O OF THE PROIOCM 20 OCT 26 AN 9: 4 W u" alY CK? r3L8?7E3 R?- SHERIFF'S OFFICE OF CUMBERLAND COUNTY - nr R Thomas Kline F15 _'.` ?tTY v - Sheriff (7- 7- ?a?.,?tr Qt ?ulriGrrr?t ? Ronny R Anderson 2 Chief Deputy, L F `" ! L• { . F`r Jody S Smith ' Civil Process Sergeant OFFICE )F Tr i : ~ RIFF Edward L Schorpp Solicitor Citimortgage Inc vs. Pete Buch Case Number 2009-7348 SHERIFF'S RETURN OF SERVICE 10/26/2009 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: Pete Buch a/k/a Peter C. buch, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/26/2009 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: Lisa L. Buch, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/29/2009 Dauphin County Return: And now, October 29, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Lisa L. Buch the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Current resident at 4971 Saddlebrook Drive Harrisburg, PA 17112 does not know the defendant. 10/29/2009 Dauphin County Return: And now, October 29, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Peter C. Buch a/k/a Pete Buch the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Current resident at 4971 Saddlebrook Drive Harrisburg, PA 17112 does not know the defendant. 11/03/2009 04:52 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 1652 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pete Buch, by making known unto Lisa Buch, wife of defendant at 1275 Windsor Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/03/2009 04:52 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 1652 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa Buch, by making known unto herself personally, at 1275 Windsor Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $71.00 SO A November 04, 2009 R THOMAS KLINE, SHERIFF ASherif:9 (c; CounfySuite Sheriff. Telecsoft in,--. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~w~'~'~`' of ~.~ar.G~rry:FrO i 2ai0 FED f f ~~ °~ 32 .+.-. ,h-~;.... iii r_ Citimortgage Inc Case Number vs. 2009-7348 Pete Buch SHERIFF'S RETURN OF SERVICE 02104!2010 10:24 AM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1024 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pete Buch, pursuant to order of court by posting the premises located at 1275 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 with a true and correct copy according to law. SHERIFF COST: $43.00 February 08, 2010 SO ANSWERS, NY R ANDERSON, SHERIFF B y y ~s Deput 5herif Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ~--ILL'C ~;;;~ iUE Daniel G. Schmieg, Esq., Id. No. 62205 '`~i= T~'~ ~'~'~~`-..~'''r`4~RY Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 n±q r9• ~ iA ~~~Q ~Eu 22 ~ii`i ~• Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 C:;~~'.`_- _ .. _'~,Ji~l i~` 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 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 21~-563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. :COURT OF COMMON PLEAS PLAINTIFF VS. :CIVIL DIVISION PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH :CUMBERLAND COUNTY DEFENDANT(S) N0.09-7348 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT RV MATT, PTJRSTJANT Tn ("(ITJRT nRT)~i $ I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following person: Pete Buch A/K/A Peter C. Buch at 1275 Windsor Road, Mechanicsburg, PA 17505, on Fe_hr,~rre ~ R,~, in accordance with the Order of Court dated T)ecemh r 15, 2nno, The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: February 19, 2010 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 ah-Jani, Esq., Id. No. 81760 Je ' .Davey, Esq., Id. No. 87077 . wren 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 220146/cvc 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 PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/30/2010 to Date of Sale ($60.32 per diem) TOTAL ~o2t{.bQ ~~ ~l.o~ -e~~a. '~l3.DC~ - tt rf ' 78 .sv - rr .~ a.s~ - rr r~ ~~33.00 - t r ~ f ~ .OCR ~. ~-v ~ Note: Please attach description of property. PHS # 220146 eK-~- 9~7~~~ ~ ~~3 ~ ~ COURT OF COMMON PLEAS CIVIL DIVISION N0.09-7348 CIVIL TERM CUMBERLAND COUNTY $366,958.14 7 962.24 $377,261.54 ~G 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 n C ~ ~ r~`~ ~ p ~ L,,..Y ., fir, f` [. i s ~~E . ('i . ~:-= N o ~+, o ~ ~- rrz~ ~ ~ j C"_ tL3 ~-~~ T _.; C_) gyp„ `'~ ;~'; ~: - ~ ~; ~ y'~ ['Tt _~ .~ o~ ~~ W a ~' a~ ow F ~ z Up 0 O O~ U W ~~ ~U U p~ P °a c~ w t~ c~ a 0 z U a 5a F rn U > U ono U H W a ~ .~. N ~ ~ x~~ ~ ~ ~ ~~A W~ as 0 ~~ k, ~ O o H ~ 0 W O~ W ~ ~~ U U 'c o0 ~ ~ ~ 0 0 ~' U o 0 ~ ~ ~, W ~ aQa Qa ~ ¢~~ ~~ a ~~GQ ~"GC1 O ~ x O ~ i x~¢U U~¢U ~~x a~x °' W ~nU ¢~nU ~ a~~ a~~ ¢ -d w 0 N ~ ~ ~ r 00 (NVO~i0~~1b '~ tnM~Ol~O M N N~~ pp ~ M M O~ ~ O rZ O O N ~p~p O~ ~Ot+10 ~~0~ NN O p.z o oZ oZo~o~Nv~i~ ~ ob o+oz . abbb~Z~zZZo~ozbb ~bb~ en E W ~ N W c• W ~ ~ ~ z ~ ~• ~, c ~ y' W ~ W W b W . •. a• ~• N"•ti N'W W ~ W W a~i o W .. W .~ vi rid ~ ~ ~ w ~ W W ~ A > c7 ~ C7 aFix`"~ a ~a v ~ ~U ¢a^^^^^^^^^^^^^^^^^ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7348 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 PETE BUCH A/K/A PETER C. BUCH AND LISA L. BUCH (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 $366,958.14 L.L. $.50 Interest FROM 4/30/2010 TO DATE OF SALE ($60.32 PER DIEM) -- $7,962.24 Atty's Comm % Due Prothy $2.00 Atty Paid $233.00 Plaintiff Paid Other Costs Date: JUNE 9, 2010 ' = ~ ~ Da .Buell, Pro onotary - (Seal) By: . ~:EQIJ~.~TING'PF~RTY: Norm; JAII41E MC~IJINNESS, ESQ. Address:. I+I~ELAPi FIALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 Deputy ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Phelan Hallinan &Schmieg, LLP 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. Plaintiff v. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.09-7348 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. r N Z ~ ~ w ' ~ i ~- , ~ ..~ j ~ ~ '~.~~ r 1 CT ~= c' f 3 ~ ~ ~ - :~ --ti : . ca .~' c° By: ~C,I~ Attorney f r 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 S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION N0.09-7348 CIVIL TERM PETE BUCH A/K/A PETER C. BUCH CUMBERLAND COUNTY LISA L. BUCH Defendant(s) PHS # 220146 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 concerni~the ~1 prcrty located at 1275 WINDSOR ROAD, MECHANIC5BURG, PA 17050-6618. G v 1. Name and address of Owner(s) or reputed Owner(s): ~'_~.' Name Address (if address cannot be reasonably ~' ~; ~ r , ==' • ascertained, please so indicate) , : ,-- ~ r-<. ~~ , ,~ t ., -s. ~. PETE BUCH A/K/A PETER C. BUCH 1275 WINDSOR ROAD ?,-; ~ ~-~ r`~ -- :_ ~' ; MECHANICSBURG, PA 17050-6618 . a D .-~ LISA L. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 2. Name and address of Defendant(s) in the judgment: 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) PNC BANK, NATIONAL ASSOCIATION PNC CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, OH 15222 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) DARTMOUTH GREEN HOMEOWNERS 114 FOXSHIItE DRIVE ASSOCIATION LANCASTER, PA 17601 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 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 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM ATTENTION: JOHN MURPHY 6~ FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. June 1.2010 By: Attorney f r Plaintiff 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 fi CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. CIVIL DIVISION Plaintiff vs. PETE BUCH A/KiA PETER C. BUCH LISA L. BUCH N0.09-7348 CIVIL TERM CUMBERLAND C3~Ul~'Y . .~ ~ c_.. n-t ~ 1-, %' .'' Defendant(s) ~; ~~.. ~ -4 ,_: ~c -~ ~':-n -,5~ri - ~ 4~ ~; -' ~~=: ~- ~~ ~y "~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ c_; t: t, ~` TO: PETE BUCH A/KiA PETER C. BUCH ~ n> LISA L. BUCH `r' 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 ~`*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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 14:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $366,958.14 obtained by CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. (the mortgagee} against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 81230. 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 ca11 2 1 5-563-7000. 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: UNIT NUMBER: Lot 131 in Dartmouth Green, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Record Book 6$5, Page 3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, Page 340, Fourth Amendment in Record Book 706, Page 2618; and Fifth Amendment in Miscellaneous Book 711, Page 2426 (referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan Book 36, Page 88, Plan Book 86, Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38). TITLE TO SAID PREMISES IS VESTED IN Pete Buch and Lisa L. Buch, h/w, by Deed from Charter Homes at Dartmouth Green, Inc., a Pennsylvania corporation, dated 04/08!2005, recorded 04/11/2005 in Book 268, Page 1764. PREMISES BEING: 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 PARCEL NO.10-17-1031-309 CITIMORTGAGE INC S/B/N ABN AMRO MORTGAGE G PLAINTIFF V. PETE BUCH, A/K/A PETER C. BUCH , LISA L. BUCH, DEFENC IN THE COURT OF COMMON PLEAS OF UP INC.: CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7348 CIVIL ORDER OF COURT AND NOW, this 19th day of July, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issu~d upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendan s will file an answer on or before August 10, 2010; 3. If no answer t the Rule to Show cause is filed by the required date, the relief requested by Petitioner hall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the D fendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The is directed to forward said Answer to this Court. By the Court, y ' ~,,~., M. L. Ebert, Jr., J. Jenine R. Davey, Esquii Attorney for Plaintiff P e Buch a/ Peter C. Buch isa L. Buch Defendants bas c ~ _, " -;~ +~. "i7 ~ C" -~ j ~.. r.. ~ d!'_.~ ti_:" ~, _ .G ~ ~ -{ Co I'~s m~i! ~' l g ~~d ~r~ ~+ - ~~ ~~ 3 ~~ Y -j~ota p+ 1 ~. ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-7348 CIVIL TERM CERTIFICATION OF SERVICE 220146 I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 10, 2010 was sent to the following individual on the date indicated below. PETE BUCH PETE BUCH A/K/A PETER C. BUCH A/K/A PETER C. BUCH LISA L. BUCH 4971 SADDLEBROOK DR 1275 WINDSOR ROAD HARRISBURG, PA 17112-2187 MECHANICSBURG, PA 17050-6618 Phelan Hallinan & Schmieg, LLP __ r- ,(/~ DATE: Z By: ,_ l ^ 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 ATTORNEY FOR PLAINTIFF 220146 AFFIDAV1rI' OF SERVICE (FHI.MC) PLAIIYI7FF CUMBERLAND COUNTY Cr11MORTGAGE 1NC S/B/M ABN AMRO MORTGAGE GROUP INC. PHS #220]46 DEFENDANT SERVICE TEAM/ iae PETER C. BUCH A/K/A PE1E BUCH COURT NO.: 09-7348 CIVIL TERM LLSA L BUCK SERVE LISA L. BUCH AT: TYPE OF ACTION 1275 WIlNDSOR ROAD XX Notice of S6eriR's Sate ~ ~' MlcCHAMCSBURG, PA 17050.6618 SALE DATE: OII108r2010 , ~ '~ `~ asjHVORCED-ONE CANNOT ACCEPT SERVICE FOR OTHERa'~ ~,, ~==y -•~., ~ :-_{ ~VED G J ~ P ~ ~. Served and made known to I1 A I.. BUCH Defendant on the 23"4aay of J« N+E . zo ~, at ' 7: 44 . o'clock ~. M., at (2'75 LU 1 N ~ 84 QO/~'D . in the manner described below: ~' 6~ ~[ Defendant personally Bernd. Ect~}NIC.s Rdki, {tA . - -, ~ _ Adult family member with whom Defendant(s) reside(s). __ 1~r Relationship is - ~ -~ -Adult in charge of Defendant's residence who refused to give name or relationship. -" ~~ ' ~ ~ `_;i _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). l.: r ~_ W -. -Agent or person in charge of Defendant's office or usual place of business. 6` an officer of said Defendant's company. -Other Description: Age ~Q_ Height ~_ Weight o1 d Race ~ Sex F Other I, J~'r-~ ~~L , a competeru adult, being duly sworn according to law, dep~e and state that I personally headod a uue and ootrect Dopy of the Notice of Sheriffs Sate in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swots to and subscribed before me this ~4~ day of KrtrE KIMBERLY CURTY N By: ~'(~, t NOTARY PUBLIC NOT SF.R STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 the . 20_, at -_ o'clock _. M., Defendant NOT _ Vacant Bad Address „Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused '- - Other: Sworn to and subscribed before me this day of -~6~. By: Notary: ATTORNEY FOR PS.AIN7IFF LvrserL Rein Ee4.li lie. ]raj FeenieS Real, aq,ri nw lips D W d C. Sd~i eG F~}, Id. Ns. Q.i16 MIeWe IM. aeairw; 04, w IVs.l7itl JaiuT. aei4 ~ ri P45Ef4S Siegel R SYiJaa4 B4, IL n. axl Joie R tiq, ~ iir4e. ilffl' iws R1iier, ~F.li. qa fJII7 Yieel Sd.aaleea, di+aO.IW:1[~l Jq a J.lea, ry„ to w arrsr Merl. nr+~+ias as. ~. t4a.lr»t e. u e. t. s~ l a ~, a.4., ~ w. a u» Jape lllefeinee,lL}, k lve, f ~L71 a.~.. ~. r r e r. nw, a s, w. n. ~ Jew L l.e W ea, F4.li N~ >R#R7 ~a+.~~.riwxlrirn OeelY~G4~it8ei~le~BY ~ Ffr~Jeb~rraedralei. Stae]4a1 !Wr}ik,lA ]lr61t14 ars~sna>M a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP INC. Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION PETE BUCH A/K/A PETER C. BUCH No. 09-7348 CIVIL TERM LISA L. BUCH Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 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 forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E~hib~ ".~". ~~~ ~ Date: ^ Lawrence T. Phel sq., Id. No. 32227 ^ Francis S. Hallinan, sq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith 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 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. oP ~ ~~a~l~ono ,?o!c I~vG G PHS # 220146 Cvnc bu-la,~d C~ Prv+n s~ ! Parr ~a :~ z ~' g ~, * * ~ * .. * # ~ m z ~ ~- y x b }d C A ~ ~ > N 'w ~ -" > t7 ~ ~ a > bi ~ ~~ N xl ~ ~ ~~m> "a ''"=1 v~ O a 3=iL x ,"~ ~~o A '"' C FC~ ~ ~ x ~° et C.SI ~ > > O~tn W~~ ~e ~~~q~ C Z °" ~ O ' ' ' ~ QO .. ° a ; ~ ~~, ~ erJs L' a k v ~ ~ "o ~ y .. O M 3i R, O y, 70 ~ C O O e ~ ' Fo c ~ .~ ~ r ° ~ o, , P7 >~ t~ ,rOy~ q~>7o~ >QC ~ ~e Oy „d w , ~~ ~••C~i ~ ti H • w w w r~'J:CJ ~O ~ A N A O 00p~~~b ""~~ > ~A ~ ~' ~a < ~ ~ ~ ~ yy tad ~ ~ ~ ~ O C~x~ ~ .. ~~ ~ e Q o a ~ a ~ ~ ~ do .. z ~ ~ > S e ~ '~ ~ A A ~ ~' ~ b .. O ~ C ~ o ~~' ~ ~ e a a w A m ~~~'~~ S. . 8 M ~~' W ~'a~~~ ~ a jC' ~;+~~ N O f+ ~, E O~ ~~ 'lam 9 ~ O`y/fJ~~S~f~ ~ ' " O ~ ~j A P 11 ~~ p 7 ~ 02 1M ~' ~~~~G 0004277256 JUIV09 2010 x N . Q > ' M+~Il.EO FROM~ZIPCODE 19103 Q~ ~ 8 ~~~ . ° ~ ~ J~ ~ ~ N ~; b ~ ~ ~~~pp ~p b~ ~ Phelan Hallinan & Schm' LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esg, Id. No. 62205 Michele M. Bradford, Esp., Id. No. 69849 Judith T. Romano, Esq.,1-d. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., Icr Rio. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. Rio. 86657 Peter J. Mulcahy, lsq., 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 SB/M ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendants ?u to gv?s 111 A01 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7348 CIVIL TERM VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to PETE BUCH A/K/A PETER C. BUCH on 7/12/2010 in accordance with the Order of Court dated 12/15/2009. The property was posted on 7/13/2010. Publication was advertised in THE CUMBERLAND LAW JOURNAL on 7/23/2010 & in THE SENTINEL on 7/14/2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. HALLINAN & SCHMIEG. LLP By: Judith Romano, Esquire She R. Shah-Jani, Esq re Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones Esquire Andrew L. 9pivack, Esq., Id. No. 84439 Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos,..Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esy., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Dated: August 11, 2010 4 DEC 14 200 IN THE COURT OF COMAN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage Inc SB/M ABN AMRO Mortgage Group Inc. Civil Division vs. No. 09=7348 CIVIL TERM Pete Buch A/K/A Peter C. Buch Lisa L. Buch ORDER AND NOW, this day of C r g,..„ 2009, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Pete Buch A/K/A Peter C. Buch, by: 1. Posting of the premises: 1275 Windsor Road, Mechanicsburg, PA 17050. 2. First class mail to Pete Buch A/K/A Peter C. Buch at mortgaged premises located at 1275 Windsor Road, Mechanicsburg, PA 17050; and 3. Certified mail to Pete Buch A/K/A Peter C. Buch at the last mortgaged premises located at 1275 Windsor Road, Mechanicsburg, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Pete Buch A/K/A Peter C. Buch and Lisa L. Buch 1275 Windsor Road Mechanicsburg, PA 17050 PHS# 220146/cvc BY THE COURT: It - G J. T ? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 SWO`RR TO AND SUBSCRIBED before me this 23 day of Jul, 2010 Notary NOTAM& SM DEBORAM A COUSS NOWY Pow cmuu BOROUGH. Cummk" =XTY My' COWA* a E*W AOt 2% 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 23, 2010 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. CUMBERLAND LAW JOURNAL N077CZ OF 8HI FJ7rB BALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 09-7348 CITIMORTGAGE INC., s/b/m ABN AMRO MORTGAGE GROUP, INC. vs. PETE BUCH a/k/a PETER C. BUCH & LISA L. BUCH NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: PETE BUCH a/k/a PE- TER C. BUCH Being Premises: 1275 WIND- SOR ROAD, MECHANICSBURG, PA 17050. Being in HAMPDEN Township, County of CUMBERLAND Common- wealth of Pennsylvania. TAX PARCEL# 10- 17-1031-309. Improvements consist of residen- tial property. Sold as the property of PETE BUCH a/k/a PETER C. BUCH & LISA L. BUCH. Your house (real estate) at 1275 WINDSOR ROAD, MECHANICS- BURG, PA 17050 is scheduled to be sold at the Sheriffs Sale on SEP- TEMBER 8, 2010 at 10:00 A.M. at the CUMBERLAND .County Court- house to enforce the Court Judg- ment of $366,958.14 obtained by, CITIMORTGAGE INC., s/b/m ABN AMRO MORTGAGE GROUP, INC. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff July 23 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James 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 13th, 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): 10y 1,4, 2010 COPY OF NOTICE OF PUBLICATION OF 'S SALE IN THE COURT NOTICE COIMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7348 CITIMORTGAGE INC., S/B/M ABN AMRO MORTGAGE GROUP, vs INC. . PETE BUCH A/K/A PETER C. BUCH & LISA L. BUCH NOTICE TO: PETE BUCH A/K/A PETER C. BUCH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" Being Premises: 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050 Being in HAMPDEN Township, County of CUMBERLAND Commonwealth of Pennsylvania TAX PARCEL#10-17-10"1-309 Imrovements consist of residential Sold as the property of PETE BUCH A/K/A PETER C. BUCH & LISA L. BUCH Your house (real estate) at 1275 WINDSOR ROAD MECHANICSBURG PA 17050 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8 2010 at 10_00 AM, at the CUMBERLAND County Courthouse to enforce the Court Judgment of 1366,958-1 4 obtained by, CITIMORTGAGE INC., S/B/M ABN AMRO MORTGAGE GROUP INC. (the mortgagee), against ttie above premises. rnLLAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. /> i? - Sworn to and subscribed before me this and 20/D Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 AFFIDAVIT OF SERVICE (FHIAMC) PLAINTIFF CUMBERLAND COUNTY CITTMORT'GAGE INC S/BIM ABN AMRO MORTGAGE GROUP ?y INC. DEFENDANT PETER C. SUCH AWA PETE SUCH LISA L.. SUCH SERVE PETER C. SUCH AMA PETE SUCH AT: 1275 WIND60R.ROAD MECHANKSBURG, PA 178506618 **PLEASE POST PROPERTY BY 8/ aelo- PHS 0 220146 NICE TEAM! lac COURT NO.: 09-73/8 CIVIL TEIILM TYPE OF ACTION XX Nod" of sheriff's sale SALE DATE: 09/A MIO SERVED Served and made known to PETE SUCH , Defendant on the day, of 14 o .2o L at 9;a, oclock Q. M., at (275 W i u 16 s&a Rode , in the nanrer described below: _ Defendant personally served. MeckQo%scs V#4 `3 A4, _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ MaragedClerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in, charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. l- Other: ens-rip M pOAT Y Description: Age Height Weight Race Sex Other I, ,a2 , a competent adult, being duly sworn according to law, depose and state that I personally ADaTj*a ballad 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. y KIMBIERLY CLRTY of ?j?2o(Q. NOTARY PUBLIC N By: T'6% STATE OF NEW JERSEY Vl? MY COMMISSION EX?IRF.S MARCH 7, 2013 %Vawcan , 2Q-_, at _ o'clock _. M., Defendant ORJB beeaase. _ - Bad Address _ Moved _ Does Not Reside (Not Vacant) Sworn to and sub bed before me this da _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATfDS t' .Z. x- n..,rs aw,Ir,.?tt 11 NLves o..les ale1.I? tgh,>i Nt eaars aaa,k aL roaaar; 2tq„>d Nw ear 2?iI?T. p,?w, ?+k Pat la746 SYw`I L ?1r1?. K IVa 81TN Js4 R IMq, 6y.la. Naa'NTl l.rs R'faY? d?.li. M. !3237 vk* sdW1hN16E%. ra. fit NMI 2q ILJWMNiy,[Ltita m FLUrXII I-3 6y, lLNL61M An&WL%Av k ILNtMob J?Y?eMcCirr, tL Na 1a13I Cwi?+dri1, I. aaiat4 U. N?fK2a Jw~LCdi?ay M.W2067 Cwrrpa.n4W%6 ,1LW Mrif pApN?&]W?C. LNL NAM te7J?Y? +50,&% iii?fA ]0163-1810 (215)5[3-7010 (A r ? r p ? r;, 2? v? .P W N O ?O 00 ?l os 'A ? w N 3 ,?j iF iF N N N N 7F M ,* iF IF .N ^? iF iF •IF N # iF iF A ,K, 1F iF • ?Ntro="JCrori ? ?NmM a ^? NtTj ??7?dd a N o a 0 O o? a a 34 , A O y L O 0 O QQ -o O f ?? - / F"NVV BOWES 021M $01.2 0004277256 JUL12 2010 MAILED FROM ZIPCODE 1910 3 fag H O IW A A > x Y A Wiz C ?x ?n g NIININIIII?IIINIIISHEIN 7178 2417 6099 0061 4035 3 / SPL PETE BUCH 1275 V`JINDSOR ROAD MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (60) --fold here (regular) Track & Confirm Search flesults Label/Receipt Number. 7178 2417 6099 0061 4035 Class: First-Class lillail® Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 12:34 pm on August 09, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, August 09, 2010,12:34 pm, PHILADELPHIA, PA 19103 • Unclaimed, August 03, 2010, 8:17 am, MECHANICSBURG, PA • Notice Left, July 14, 2010, 2:34 pm, MECHANICSBURG, PA 17050 • Acceptance, July 12, 2010, 5:25 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, July 12, 2010 Tt nk & Confirm Enter Label/Receipt Number. k- PhAi cation Option Track & Confirm by email Get current event information or updates for your item sent to you or others by email.?- ) Return Receipt (Electronic) Verify who signed for your item by email. (60>-) $te__m6_p ( ustomer.....$eryce. Forms Cov_'t.5ervices veers CopyrightO 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Privacv Policy T. erme9i-?se @usiness._Qustomer Qateway http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabefnquiry.do?strC)rigTrac... 8/11/2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4, d y? RLF=D C Taffy ?F ?N? Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage Inc vs. Pete Buch let al.) p Grp 10 PM 12:49 CtlFdirt 'U 3Wy P&&YLVANIA Case Number 2009-7348 SHERIFF'S RETURN OF SERVICE 06/2112010 09:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 2117 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Pete & Lisa Buch, located at, 1275 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/21/2010 09:20 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pete Buch, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Pete Buch, defendant does not reside at 1275 Windsor Road, Mechanicsburg, PA 17055, did not leave a valid forwarding with the post office. 06/21/2010 09:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 2117 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lisa Buch, by making known unto, Lisa Buch, personally, at, 1275 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/01/2010 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 8131/10 SHERIFF COST: $663.45 September 02, 2010 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF ? -06) f' - Coo. -6v uo'- X24 `779/ 2, ,tom 4<-, a- 2 ? (c) CountySuite Snenff. TOeosoft. Inc. WCITIMORTGAGE I1JC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7348 CIVIL TERM PETE BUCH A/K/A PETER C. BUCH CUMBERLAND COUNTY LISA L. BUCH Defendant(s) PHS # 220146 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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 2. Name and address of Defendant(s) in the judgment: 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 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) PNC BANK, NATIONAL ASSOCIATION PNC CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, OH 15222 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) DARTMOUTH GREEN HOMEOWNERS 114 FOXSHIRE DRIVE ASSOCIATION LANCASTER, PA 17601 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. ..t " 7. Name and address pf every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name L 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 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 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 ATTENTION: JOHN MURPHY 6' FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. June 1, 2010 By: C?wd Attorney f r 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 r CITIMORTGAGE INC S/BIM ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. , Plaintiff VS. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) : CIVIL DIVISION : NO. 09-7348 CIVIL TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 "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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $366,958.14 obtained by CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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. t. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the )rice 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: UNIT NUMBER: Lot 131 in Dartmouth Green, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements arid Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, Page 340, Fourth Amendment in Record Book 706, Page 2618; and Fifth Amendment in Miscellaneous Book 711, Page 2426 (referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan Book 36, Page 88, Plan Book 86, Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38). TITLE TO SAID PREMISES IS VESTED IN Pete Buch and Lisa L. Buch, h/w, by Deed from Charter Homes at Dartmouth Green, Inc., a Pennsylvania corporation, dated 04/08/2005, recorded 04/11/2005 in Book 268, Page 1764. PREMISES BEING: 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 PARCEL NO. 10-17-1031-309 WRIT OF EXECUTION and/or ATTACHMENT s COMMONWEALTH OF PENNSYLVANIA) NO 09-7348 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC, Plaintiff (s) From PETE BUCH A/K/A PETER C. BUCH AND LISA L. BUCH (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 $366,958.14 L.L. $.50 Interest FROM 4/30/2010 TO DATE OF SALE ($60.32 PER DIEM) -- $7,962.24 Atty's Comm % Due Prothy $2.00 Atty Paid $233.00 Other Costs Plaintiff Paid Date: JUNE 9, 2010 (Seal) Deputy REQUESTING PARTY: Name JAIME MCGUINNESS, ESQ. 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 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 1275 Windsor Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordii PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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. isa Mari Coyne, Edit Writ No. 2009-7346 civil Citimortgage Inc. SWORN TO AND SUBSCRIBED before me this vs. 30 day of Jul 2010 Pete Buch a/k/a Peter C. Buch n Lisa Buch Atty.: Daniel Schmieg v/ `f By virtue of a Writ of Execution NOtary NO. 09-7348 CIVIL TERM, CITI- MORTGAGE INC. S/B/NI ABN AMRO MORTGAGE GROUP INC. vs. PETE BUCH A/K/A PETER C. BUCH, LISA L. BUCH, owners of property situate NOTARIAL SEAL in HAMPDEN TOWNSHIP, Cumber- land COLLINS County, Pennsylvania, being DEBORAH ORAH A Public 1275 WINDSOR ROAD, MECHAN- Notary CUMBERLAND COUNTY ICSBURG, PA 17050-6618. CARLISLE BOROUGH, Parcel No. 10-17-1031-309. My Commission Exom Apr 28.2014 Improvements thereon: RESI- DENTIAL DWELLING JUDGMENT AMOUNT: $366,958.14. JA3u iAMA".....?.. $?ItjO A HA140830 -Aduq V1161 F Y7NU03 OHAJA38MU3.HDUGHO6 3.01RAJ ?tOS 8S tqA 9*103 willimmoi v.M 4 ,The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-25$-8213 the Patr1*ot*yXtws Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; hat the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andfor Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Wtl!'Ka. 1 ?Mlin AXW. .By. vkw of r Wit of No. h1 .Jw CIVIL Tom CMMOXM JNC SOM AW'Ai1+I1K? LISA G i of P WM $ . t27SW ?;?t1AG, PA , i'ftkS0.661$1'e?et No. if 1-17.103I.304 { or iane ad?dras) f?rovemcptg *rem: MI1h8I+1 uL DWELLING UDfiMENT AMOUNT: S36i6,95$a4 This ad ran on the date(s) shown below: ?b-ear, Sworn Kand ut cribed-before rrte th!s,05?y of August, 2010 A.D. Not Public COMMONWEALTH OF PENNSYLVANIA Notarial S" Sherrie L Klsrw, Notary Public Lower Paxton Twp., Dauphin County My Commission BO*es Nov. 26, 2011 Member, PennsAvania Association of Notaries 07/09/10 07116/10 07/23/10 C7 C ? 3 = --i =C-,j G-) '? c nD 00 < 0 a zc> a = -n pc-) Ty C-- --trn 4 ca C) ' x? 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 vs. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendants lh ORDER L y T AND NOW, this 24 day of A j CUMBERLAND County No.: 09-7348 CIVIL TERM , 2011, upon consideration of Plaintiff's Motion to Vacate Court Order, Brief in support thereof, and any opposition thereto, it is hereby ORDERED and DECREED that the Reassessment Order entered September 1, 2010 is hereby VACATED. Melis4a geheiner,, ? ?t ever Such 00r-;glafBY THE COURT: -Ik-? 220146 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7348 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC s/b/m ABN MORTGAGE GROUP INC., Plaintiff (s) From PETE BUCH a/k/a PETER C. BUCH LISA L. BUCH (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: $366,958.14 L.L.: Interest from 4/30/10 to Date of Sale ($60.32 per diem) -- $35,407.84 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $927.95 Other Costs: Plaintiff Paid: Date: 9/1/11 ,b •? David D. B ell, Prothonot (Seal) 1-1 B Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, 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. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff v PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/30/2010 to Date of Sale ($60.32 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7348 CIVIL TERM CUMBERLAND COUNTY $366.958.14 $35,407.84 Allison F. Wells, Esq., Id. No Attorney for Plaintiff Note: Please attach description of property. PHS # 220146 0`M %, a?. l6 (V-A W? '71. o o CBF 43_ oo (olc 3. y 5 78.50 10. on " x4.00 " 4 qA7. 9S - Po ATTY ?a cb 9 00 rn M M =C:) i= -4 Ckt? 1\ UCtaoX ??-acoy6g8 ?jr?l-? EE Tsstied w? o? w a oa ?H O? U o° O? U U 0 C7 W C7 H a 0 0 z U w c? F Ow U > ? x 00 U ?D ? 0 00 ?' U o 0 0 co aQa ¢a a CIO x0 UQU 45 Q H r- W a cq t U 1 Z z 0 as r? V W L ? a .? W w o H ? ° ou a ? L ? o w x w U?w W o 3a~° . wa p, w,t ¢¢ PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ? : l C 0?N 0 TA SP - j Pp, 10: 6 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff V. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7348 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. & Sch Allison F. Wells, 8; d.-Wo.309519 Attorney for Plaintiff CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plainjiff v. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7348 CIVIL TERM CUMBERLAND COUNTY PHS # 220146 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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618. Name and address of Owner(s) or reputed Owner(s): Name PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Address (if address cannot be reasonabl y ascertained, please so indicate) -?• rTl r-1 ' -'V 71 1275 WINDSOR ROAD > G: MECHANICSBURG, PA 17050-6618 r-= -+? 1275 WINDSOR ROAD C-) =CD CD MECHANICSBURG, PA 17050-6618 ' . ' " 5; ,d C; 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 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) PNC BANK, NATIONAL ASSOCIATION PNC BANK CONSUMER LOAN CENTER, COLLATERAL CONTROL 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK, NATIONAL ASSOCIATION PNC BANK, CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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) DARTMOUTH GREEN 114 FOXSHIRE DRIVE LANCASTER, PA 17601 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 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 LISA BUCH, C/O JEFFREY S. SHANK, ESQUIRE PETER BUCH, C/O SAMUEL L. ANDES, ESQUIRE 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 222 SOUTH MARKET STREET P.O. BOX 267 ELIZABETHTOWN, PA 17022 525 NORTH 12TH STREET P.O. BOX 168 LEMOYNE, PA 17043 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 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. Date: r ?f l Phelan Hallinan & Allison F. Wells_ Fs ttorney for Plaintiff 9 Q-11MORTGAGE INC SB/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. CIVIL DIVISION Plaintiff : : NO.: 09-7348 CIVIL TERM VS. PETE BUCH A/K/A PETER C. BUCH CUMBERLAND COUNTY LISA L. BUCH Defendant(s) r. Pt') i 00 n- r"11 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY --< TO: PETE BUCH A/K/A PETER C. BUCH <ci LISA L. BUCH ?' `-' _ ?' 1275 WINDSOR ROAD: r' MECHANICSBURG, PA 17050-6618 "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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $366,958.14 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. I . 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 NO. 09-7348 CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 Parcel No. 10-17-1031-309 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $366,958.14 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: UNIT NUMBER: Lot 131 in Dartmouth Green, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, Page 340, Fourth Amendment in Record Book 706, Page 2618; and Fifth Amendment in Miscellaneous Book 711, Page 2426 (referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan Book 36, Page 88, Plan Book 86, Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38). TITLE TO SAID PREMISES IS VESTED IN Pete Buch and Lisa L. Buch, h/w, by Deed from Charter Homes at Dartmouth Green, Inc., a Pennsylvania corporation, dated 04/08/2005, recorded 04/11/2005 in Book 268, Page 1764. PREMISES BEING: 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 PARCEL NO. 10-17-1031-309 _,1 I~.` P; ~ ri F..•, Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No308912 - - - :ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ' One Penn Center Plaza ~ ~ C 101 T 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 PETE BUCH : No.: 09-7348 CIVIL TERM A/K/A PETER C. BUCH : LISA L. BUCH Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 26, 2009. 2. Judgment was entered on April 30, 2010 in the amount of $366,958.14. 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 far 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. 220146 4. A Sheriff s Sale of the mortgaged property at 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:10-07010 on August 27, 2010. The Bankruptcy was discharged by order of court dated December 6, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. Plaintiff paid the following in taxes and insurance during the time the loan was in default. 8/9/2009 SCHOOL TAX $2,037.62 3/18/2010 HAZARD INSURANCE $1,306.00 4/7/2010 CITY TAX $1,315.13 8/18/2010 SCHOOL TAX $4,828.42 3/18/2011 HAZARD INSURANCE $1,458.00 4/ 12/2011 CITY TAX $1,13 8.03 8/10/2011 SCHOOL TAX $4,372.80 TOTAL $16,456.00 6. The Property is listed for Sheriff s Sale on December 7, 2011. 7. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $339,877.93 Interest Through December 7, 2011 $52,889.21 Per Diem $52.38 Late Charges $906.09 Legal fees $1,325.00 Cost of Suit and Title $2,222,28 Sheriffs Sale Costs $663.45 220146 Property Inspections $387.00 Escrow Deficit $16,456.00 TOTAL $414,726.96 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the tenns of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 10. Plaintiffls foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. 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 October 11, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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". 12. No judge has previously entered a ruling in this case. 13. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L. Ebert, Jr. entered an order for Motion to Vacate Order dated August 24, 2011 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. ,I Phelan Hallinan & Schmieg, LLP I DaTE: ~ ~ dl By: - elissa J. Cantwell, Esqui ATTORNEY FOR PLAINTIFF 220146 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 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 PETE BUCH : No.: 09-7348 CNIL TERM A/K/A PETER C. BUCH LISA L. BUCH Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES i. BACKGROUND OF' CASE PETE BUCH A/K/A PETER C. BUCH 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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618. 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. 220146 In the instant case, Defendants 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 Defendants 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. Ste henson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation 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 I judgment prior to the Sheriffs sale. Nationsbanc Mortga e Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarantv Trust Co. ofN 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 220146 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 fareclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Realitv Companv v. Burns, 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 Defendants 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 Defendants' failure to tender payments during the fareclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 rnortgagar s have breached the tertns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 220146 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 Villasze 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.RC.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Shenff s 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 Defendants 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 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 220146 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 (1865); First Federal Savings and Loan Association v. Street Road ShoDpin 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. Citicom v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes 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 eosts of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 220146 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 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. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 220146 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is I vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 220146 IX. 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. WHEREFORE, PlaintifFrespectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DaTE: BY: Melissa J. Cantwell, Esqi ' ~ Attorney for Plaintiff 220146 Exhibit "A" 220146 . . ~ . . Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attomey for Pla1ntiff Francis S. Hallinan, Esq., Id. No. 62695 ` Daniel G. Schtnieg, Esq, Id, No. 62205 N . Michele M. Bradford, Esq., Id. No. 69849 ~ ~ Judith T. Romano, Esq., Id. No, 58745 ~ Sheetai R. Shalz-Jani, Esq., Id. No. 81760 " a' Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ~ Vivek Srivastava, Esq., Id. No. 202331 ~ ~ ;.7 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 [v Anclrew 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. 206774 : Andrew C. Bramblett, Esq., Id. iVo. 208375 1617 JFK Boulevard, Suite 1404 4ne Penn Center Plaza Philadelphis, PA 19103 ' 215-563-7000 ' . . . . '~'.:;1 . _,.i ~ F.-., . CI'I'IMORTGAGE INC S/B/M ABN : C COU,l'+T'I'Y AMRO MORTGAGE GROUP INC. . , : COURT OF ~~T C"~1 PLAAS vs. c CIVIL DIVISIUN PETE BUCH A/K/A PETER C. BUCH . ' LISA L. BUCH : No. 09-7348 CIVIL TERM : . PRAECIPE FOR IN REM JUDG•MENT F012 FAILURE Tp ` ANSWER AND ASSESSMENT OF DA,MAGES TO THI; PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PETE BUCH AIK/A PETER C. BUCH, and LISA L. BUCH, Defendant(s) for faiiure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foxeclostu-e and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $357,058.32 Interest -10/23/2009 to 04l29/2010 $9,899.82 TOTAL $366,958.14 T hereby certify that (1) the Defendant's last )aio ad ~ss 's 1275 WINDSOR RpAD, MECHANTCSBURG, PA 17050-6618, and (2) that noti elh bee given in accordance with Rule 237.1, copy attached, Lawrence T. Phelan„Esquire ~ Francis S. Hallinan, Esquire Daniel G. Sehmieg, Esquire Micheie M. Bradford, Esquire 7udith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire re ' . avey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esqnire 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, - I DATE: rxs n 220146 PROTHONOTA1W ' , I i Exhibit "B" 220146 B18 (Official Form IH) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Iri I"8: De6tor(s) (name(s) used hy the debi(ir(s) in the last 8 years, including marned, maiden, and uade): Lisa Lynn Buch Chapter 7 , 1275 Windsor Road Case No. 1:10-bk-07010-RNO IVlechanicsburg, PA 17050 Last four digits of Social-Security, tndividual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-3783 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Banla-uptcy Code). BY THE COURT Dated: December 6, 2010 6Lt v ~ Honorable Rabert N. Opel United States Bankruptcy Judge ' SEE THE BACK OF THIS ORDER FOR IMPORTANT 1NFORMATION. This document is e7ecironical4v signed and filed o» the san:e date. ~ il I Case 1:10-bk-07010-RNO Doc 11 Filed 12/06/10 Entered 12/06/10 01:01:01 Desc Ch 7 Discharge Page 1 of 2 B18 (Official Form 18) (02;09) Continued F,XPLANATION 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. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not pennitted to contact a 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 comrnunity property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did nct file a bankruptcy case.] A creditor who violates this order can be 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 debtor's property after the bankruptcy, if that lien was not avoided or eliminated iii the bankruptcy case. Also, a debtor tnay voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge orcier elnninates 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 banlctvptcy case was converted.) Debts That are Not Discharged Some of the coirunon types of debts which are ugi 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 property listed by the debtor; li. 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 requirernents for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the ThriB 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. II Case 1:10-bk-07010-RNO Doc 11 Filed 12i06/10 Entered 12/06/10 01:01:01 Desc Ch 7 Discharge Page 2 of 2 Exhibit "C" 220146 b-~ ~ oo --I rn cs ~ w N~ r ~ a in ~ w tv o cy m A a N N CD eD ~ ~ ~ ~ fa9 y O ~ ~ w ~3 Ci7 O [l7 ~ ~o ~C)z ~.vr ~ a A ~CD > v ''a o r ~ a'r ~o C ~ j° o~ Y b x'J w a- Z a' ~n MS C~ cn 'TJ v~ T a ~ z 0 n C CD o o~~~° ~ ro 3 y oP- w " 0.~ N ~ N r.~ v~ p .y ~ l J y ~ io c c g ~ Y w U 7 ~ tlo O fD ~ X w ~ -0 6 F~ ry ~ d 0 7 y c'rv w ~ ~ d 3 =m W o , F £ d oZ£S P~T ~ b ~ y ^ ~ f~ Z, ~ 3 J R7NFY BOVUFg 02 ,M $02.520 00e4277256 IxTI, <ciI MAILED FRpM N 3°' o& ZtP CODE " e 10 3 5' o .P " c o ~e ~ c o w 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 October 11, 2011 PETE BUCH PETE BUCH A/K/A PETER C. BUCH A/K/A PETER C. BUCH LISA L. BUCH 4971 SADDLEBROOK DR 1275 WINDSOR ROAD HARRISBURG, PA 17112-2187 MECHANICSBURG, PA 17050-6618 RE: CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. v. PETE BUCH, A/K/A PETER C. BUCH and LISA L. BUCH Premises Address: 1275 WINDSOR ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-7348 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accardance with Cumberland County Local Rule 2083(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 October 18, 2011. Should you have further questioris-mx-c-oneern.~ please do not hesitate to contact me. r. . Otherwise, please be guided-ac°ordingly, - "Very truly yours, Allison F. Wells, Es ire Attorney for Plaintiff Enclosure 220146 . Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 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 PETE BUCH . No.: 09-7348 CIVIL TERM A/K/A PETER C. BUCH : LISA L. BUCH Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. PETE BUCH PETE BUCH A/K/A PETER C. BUCH A/K/A PETER C. BUCH LISA L. BUCH 4971 SADDLEBROOK DR 1275 WINDSOR ROAD HARRISBURG, PA 17112-2187 MECHANICSBURG, PA 17050-6618 Phelan Hallinan & Schmieg, LLP ~ DATE: By: Melissa J. Cantwell, Esqui ATTORNEY FOR PLAINTIFF 220146 CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF S/B/M ABN AMRO CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE GROUP, INC., PLAINTIFF V. , s a PETE BUCH, ?i- A/K/A PETER C. BUCH, rt= LISA L. BUCH, DEFENDANTS NO. 09-7348 CIVIL ORDER OF COURT -, AND NOW, this 26th day of October, 2011, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \ 0 M. L. Ebert, Jr., J. Melissa J. Cantwell, Esquire Attorney for Plaintiff Pete Buch, a/k/a Peter C. Buch Lisa L. Buch Defendants o kog I'' CP ?a A?6 la'/ bas it f k : ?Ill??j?l ih4?, Phelan Hallinan & Schmieg, LbR i t, , Melissa J. Cantwell, Esq., Id. No.30'12 B 1617 JFK Boulevard, Suite 140Qi't? ERLAND One Penn Center Plaza ENNS YLVA NI Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County PETE BUCH No.: 09-7348 CIVIL TERM A/K/A PETER C. BUCH LISA L. BUCH Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 26, 2011 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 PETE BUCH AWA PETER C. BUCH 215 IROQUOIS TRAIL YORK HAVEN, PA 17370 DATE: PETE BUCH A/K/A PETER C. BUCH 4971 SADDLEBROOK DR HARRISBURG, PA 17112-2187 Phelan Hallinan & Schmieg, LLP By: elissa J. Cantwell, Esquire Attorney for Plaintiff 220146 m PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 09-7348 CIVIL TERM PETE BUCH A/K/A PETER C. BUCH _ C= LISA L. BUCH ' , a n7 `ra M Defendants. ;:0 c--) M - W , C ro rD -,r C-- AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE -? -? ' PURSUANT TO P.R.C.P., 404(2)/403 -< I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to PETE BUCH A/K/A PETER C. BUCH on OCTOBER 26, 2011 in accordance with the Order of Court dated DECEMBER 15, 2009. The property was posted on NOVEMBER 2, 2011. Publication was advertised in THE SENTINEL on NOVEMBER 5, 2011 & in THE CUMBERLAND LAW JOURNAL on NOVEMBER 4, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan DATE: a L 1 I Lawrence T. elan, Esq., Id. . 32227 ? Francis S. Hallinan, Esq., Id. . 62695 ? Daniel G. Schmieg, E , d. 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 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? C ay . Dunn, Esq., Id. No. 206779 Ea' Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 ? John M. Kolesnik, Esq., Id. No. 308877 ATTORNEY FOR PLAINTIFF DEC 14 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ` Cifunortgage Inc S/B/M ABN AMRO Mortgage Group Inc. Civil Division VS. No. 09=7348 CIVIL TERM Pete Bach A/K/A Peter C. Buch Lisa L. Buch . ORDER AND NOW, this. _ day oflax.£rn.4£fl.?,, , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Pete Buch A/K/A Peter C. Buch, by: 1. Posting of the premises: 1275 Windsor Road, Mechanicsburg, PA 17050. 2. First class mail to Pete Buch A/K/A Peter C. Buch at mortgaged premises located. at 1275 Windsor Road, Mechanicsburg, PA 17050; and 3. Certified mail to Pete Buch A/K/A Peter C. Buch at the last mortgaged premises located at 1275 Windsor Road, Mechanicsburg, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: 2ARE Cc: Pete Buch A/K/A Peter C. Buch and Lisa L. Buch J. 1275 Windsor Road Mechanicsburg, PA 17050 PHS# 220146/cvc r 1 ? . • Tom, z v, A w N O "o 00 J O? ?n A w N N r? . a? as CD ? ? ° n. c ° c CrJ ? 17C ;zC -n a CD z a f C ? x y a a oa B atv m O s a, a fD x N N /N n fA ? x a b,q?*s PC% 0 . Q -°?/ PITNEY BOWES ? $ 01 26° . 02 1M 0004277256 OCT26 201` f -1 MAILED FROM ZIP CODE 191 0 eo d n m? bar a; r W= C R° C A III ? I?? I III 7178 2417 6099 0088 0935 LXH / 220146 RESTRICTED DELIVERY PETE BUCH A/K/A PETER C. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAIr.E INC SB/M ABN AMRO MORTGAGE GROUP INC. PHS # 220146 DEFENDANT PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH SERVICE TEAM/ Ixh COURT NO.: 09-7348 CIVIL TERM SERVE PETE BUCH A/K/A PETER C. BUCH AT: TYPE OF ACTION 1275 WINDSOR ROAD XX Notice of Sheriffs Sale MECHANICSBURG, PA 17050-6618 SALE DATE: December 7, 2011 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to PETE BUCH A/K/A PETER C. BUCH, Defendant on the 2 N day of Ab VEM bEA , 20 1 I , at li-M , o'clock -6 M., at 11.75 W INDS0 Qp MQWMw cs W4 in the manner described below: - Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: a- & 00Q.-'N . Description: Age Height Weight Race Sex Other I, eQ694 t-Ij 1' d LL, a competent adult, hereby verify that I personally ??TaDtrue 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsif cation to authorities. ",Pfta-e DATE: 1 t a- 1 I NAME: i` PRINTED NAME: Z a 'D A4,0 L-t.. TITLE: ?? S rK V On the day of , 20_, at Vacant Does Not Exist _ No Answer on at Service Refused NOT SERVED o'clock _. M., Defendant NOT FOUND because: - Moved - Does Not Reside (Not Vacant) Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1 I PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ackie_Cox, Sales Director, 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 131 ,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): November 5, 2011 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the it t?. aforesaid notice or advertisement, and that ,/??yyy?yy YYYY`° all allegations in the foregoing statement as to time, place and character of publication e e. Mr10FI1tilOM ?' PIK ?i i NN14~ H Sworn to and me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Wary Public CARLISLE BOROUGH, CUMBERLAND CNTY MY Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL ' (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz November 4, 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. Lis arie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 2 day of December, 2011 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 -f 4 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 09-7348-Civil Term CITIMORTGATE INC. s/b/m ABN AMRO MORTGAGE GROUP INC. VS. PETE BUCH a/k/a PETER C. BUCH AND LISA L. BUCH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: PETE BUCH a/k/a PE- TER C. BUCH Being Premises: 1275 WIND- SOR ROAD, MECHANICSBURG, PA 17050-6618. Being in HAMPDEN Township, County of CUMBERLAND, Common- wealth of Pennsylvania. PARCEL NO. 10-17-1031-309. Improvements consist of residen- tial property. Sold as the property of PETE BUCH a/k/a PETER C. BUCH & LISA L. BUCH. Your house (real estate) at 1275 WINDSOR ROAD, MECHANICS- BURG, PA 17050-6618 is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2011 at 10:00 A.M., at the CUMBERLAND County Court- house to enforce the Court Judgment of $366,958.14 obtained by, CITI- MORTGAGE INC. s/b /m ABN AMRO MORTGAGE GROUP INC. (the mort- gagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Nov. 4 3 SHERIFF'S OFFICE OF CUMBERLAND .AUNTY Ronny R Anderson Sheriff „ a1 ?.aa3rab Jody S Smith tp f; s +, ,ti z , J. Chief Deputy Richard W Stewart r EISJYL Yrr1'11 Solicitor 1 . -. Citimortgage Inc. S/B/M ABN Amro Mortgage Group Inc. vs. Peter C. Buch (et al.) Case Number 2009-7348 SHERIFF'S RETURN OF SERVICE 09/28/2011 11:02 AM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1275 Windsor Road, Mechanicsburg, PA 17050, Cumberland County. 09/28/2011 11:02 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Peter C. Buch, pursuant to Order of Court by "Posting" the premises located at 1275 Windsor Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County with a true and correct copy according to law. 09/28/2011 11:02 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Lisa L. Buch, pursuant to Order of Court by "Posting" the premises located at 1275 Windsor Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County with a true and correct copy according to law. 12/06/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012 02/01/2012 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, Pennsylvania on February 1, 2012 at 10:00 o'clock AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Citimortgage Inc. Citimortgage Inc.. of 8200 Jones Branch Drive, Mailstop 202, McLean, VA 22102, being the buyer in this execution, paid to the Sheriff the sum of $803.11. 02/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this Writ is returned STAYED. SHERIFF COST: $803.11 March 22, 2012 SO ANSWERS, RON W R ANDERSON, SHERIFF y?. ©C) P't - We- /Or34 95-b -7aWk (Cj Cou'rysi , Shentf. [eleoeroft. It-, CITIMORTGAGE INC S/BIM ABN AMRO MORTGAGE GROUP INC. Plaintiff V. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7348 CIVIL TERM CUMBERLAND COUNTY PHS # 220146 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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 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) PNC BANK, NATIONAL ASSOCIATION PNC BANK CONSUMER LOAN CENTER, COLLATERAL CONTROL 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK, NATIONAL ASSOCIATION PNC BANK, CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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) DARTMOUTH GREEN 114 FOXSHIRE DRIVE LANCASTER, PA 17601 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 LISA BUCH, C/O JEFFREY S. SHANK, ESQUIRE PETER BUCH, C/O SAMUEL L. ANDES, ESQUIRE 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 222 SOUTH MARKET STREET P.O. BOX 267 ELIZABETHTOWN, PA 17022 525 NORTH 12TH STREET P.O. BOX 168 LEMOYNE, PA 17043 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 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. Date: l l l Phelan Hallinan & 5 Allison F. Wells, Esq Attorney for Plaintiff 9 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. Plaintiff VS. : CIVIL DIVISION NO.: 09-7348 CIVIL TERM PETE BUCH A/K/A PETER C. BUCH CUMBERLAND COUNTY LISA L. BUCH Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH 1275 WINDSOR ROAD MECHANICSBURG, PA 17050-6618 * *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 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $366,958.14 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. t 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 NO. 09-7348 CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1275 WINDSOR ROAD. MECHANICSBURG, PA 17050-6618 Parcel No. 10-17-1031-309 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $366,958.14 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: UNIT NUMBER: Lot 131 in Dartmouth Green, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, Page 340, Fourth Amendment in Record Book 706, Page 2618; and Fifth Amendment in Miscellaneous Book 711, Page 2426 (referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan Book 36, Page 88, Plan Book 86, Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38). TITLE TO SAID PREMISES IS VESTED IN Pete Buch and Lisa L. Buch, h/w, by Deed from Charter Homes at Dartmouth Green, Inc., a Pennsylvania corporation, dated 04/08/2005, recorded 04/11/2005 in Book 268, Page 1764. PREMISES BEING: 1275 WINDSOR ROAD, MECHANICSBURG, PA 17050-6618 PARCEL NO. 10-17-1031-309 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7348 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC s/b/m ABN MORTGAGE GROUP INC., Plaintiff (s) From PETE BUCH a/k/a PETER C. BUCH LISA L. BUCH (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: $366,958.14 L.L.: Interest from 4/30/10 to Date of Sale ($60.32 per diem) -- $35,407.84 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $927.95 Other Costs: Plaintiff Paid: Date: 9/1/11 -1 David D. B ell, Prothon (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 TRUE COPY FROM RECORD In Testimony whereof, t here unto set my hand and the seat of said Caud at Carlisle, Pa. l ? h,8 0..m_ K. 20 LL. , P - Protlwnotary Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 1275 Windsor Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: Real Estate Coordinator LS : C, I - d3S iIOZ - s CUMBERLAND LAW JOURNAL Writ No. 2009-7348 Civil Contimortgage Inc. vs. Peter C. Buch Lisa L. Buch Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7348 CIVIL TERM CITI- MORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. vs. PETE BUCH a/k/a PETER C. BUCH LISA L. BUCH owner(s) of property situate in the HAMPDEN TOWNSHIP, Cum- berland County, Pennsylvania, being 1275 WINDSOR ROAD, MECHANICS- BURG, PA 17050-6618. Parcel No. 10-17-1031-309. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $366,- 958.14. 23 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this da of November, 2011 Notary r NOTARIAL SEAL DEBORAH A COLLINS Notary Public F LISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy ' Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*0t'WX(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 Hampden, 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 personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The-Patriot-News Cu. aforesaid- by virtue and pursuarit to a-resolution-unanimouslypassed 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 1 _r C? ?(L Sworn to an# subscribed b This ad ran on the date(s) shown below: 10/21/11 10/28/11 11/04/11 i me tYfis 16Jd of ovember, 2011 A.D. Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 109.7348 Civil Term Contimortgage Inc Vs Peter C. Buch Lisa L. Buch Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09- 7348 CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. PETE BUCH A/K/A PETER C. BUCH LISA L. BUCH owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Per..isylvania, being (Municipal&) 1275 WINDSOR ROAD, MECHANICSBURG,PA 17050-6618 Parcel No. 10-17-1031-309 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $366,958.14 elhe Pdtriot-Xitmis Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11/04/11 Of Ad Sheriff Sale 7348 4.97 $12.00 $ 59.64 Sheriff Sale 7348 4.97 $12.00 $ 59.64 Sheriff Sale 7348 4.97 $12.00 $ 59.64 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 183.92 JLC CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff Vs. PETE BUCH A/K/A PETER C. BUCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION AT LAW LISA L. BUCH No. 09-7348 CIVIL "TERM Defendants ASSIGNMENT OF SHERIFF'S SALE BID i . The Law Firm of Phelan Hallinan & Schmieg, LLP, Attorney of record for CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC., Plaintiff/Bank, on the Writ of Execution, in connection with a Mortgage Foreclosure action as captioned above. 2. At the Sheriff's Execution sale, Phelan Hallinan & Schmieg, LLP was the successful bidder on behalf of CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC., Plaintiff/Bank. Phelan Hallinan & Schmieg, LLP, being authorized to do so, hereby assigns the bid to FEDERAL HOME LOAN MORTGAGE CORPORATION, Assignee, whose address is 8200 Jones Branch Drive, Mailstop 202, McLean, VA 22102 and instructs the Sheriff, upon payment of the costs of settlement, to record said A Respectfully submi Dated: February 17, 2012 By: ` a Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 Q-Rancis 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 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 ? John M. Kolesnik, Esq., Id. No. 308877 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 1 day of February A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of Se tep mber, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7348, at the suit of Citimortszalze Inc. SB/M Amro Mortgage Group Inc against Pete Buch a/k/a Peter C. Buch and Lisa L. Buch is duly recorded as Instrument Number 201208310. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o2 day of 2?- -, A.D. Recorder of Deeds do 05j%CffWPA MwAiVdJwL2W