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HomeMy WebLinkAbout09-8613Phelan 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 ,,,?auren 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 223583 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. TODD T. SELLERS K MBERLY J. SELLERS 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. pq - 81013 0,1\111-term CUMBERLAND COUNTY File #: 223583 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 223583 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: TODD T. SELLERS KIMBERLY J. SELLERS 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/15/2005 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. 1934, Page 4411. 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 12/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 223583 6 The following amounts are due on the mortgage: Principal Balance $374,487.27 Interest $23,890.95 11/01/2008 through 12/10/2009 (Per Diem $58.99) Attorney's Fees $1,300.00 Cumulative Late Charges $1,661.49 12/15/2005 to 12/10/2009 Property Inspections $255.00 Mortgage Insurance Premium / $253.34 Private Mortgage Insurance Cost of Suit and Title Search 0 Subtotal $402,398.05 Escrow Credit $0.00 Deficit $7,376.60 Subtotal &2XL.6.0 TOTAL $409,774.65 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 pttsmam 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 #: 223593 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 $409,774.65, together with interest from 12/10/2009 at the rate of $58.99 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. By: \- Lawrence T. Phelan, Esq., Id. No. 3 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Juditb T. Romano, Esq., Id. No. 58745 ? S tal R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 223583 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a pin on the western dedicated right-of-way line of Kent Drive at the dividing line of Lot #552 of The Highland of Hampden Square, Phase II and Lot 4551; thence by line of Lot #552, South 76 degrees 00 minutes 00 seconds West 120.00 feet to a point; thence by line of Lot #519 and Lot #520, North 14 degrees 00 minutes 00 seconds West 99.96 feet to a point at the dividing line of Lot #550 and Lot #551; thence by line of Lot #550, North 75 degrees 58 minutes 57 seconds East 120.00 feet to a point on the western right-of-way line of Kent Drive; thence by said right-of-way line, South 14 degrees 00 minutes 00 seconds East 100.00 feet to a pin at the dividing line of Lot #552 and Lot #551, the place of BEGINNING. BEING Lot #551 as shown on the Final Subdivision Plan of The Highlands of Hampden Square, Phase VI, recorded February 26, 1998 in Plan Book 76, Page 50. UNDER AND SUBJECT to restrictions and easements of all prior deeds. PARCEL NO. 10-16-1056-415 PREMISES: 1107 KENT DRIVE File #: 223583 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 mad??bject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to 12-WN DATE: for Plaintiff File #: 223583 0 )z"RY ZCO C IL ! I ! ! ;3 4jqa.cOO Pb Rrty C& 86'738(,o w a 35030 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 00,%T of nrr?b?rf r FIIi FD-E.)('Ciii THE PFFCT?'i-" "FARY 2909 D'EC 22 PH 2: Lj 14 CUrY v' iY !I j Citimortgage Inc vs. Todd T. Sellers Case Number 2009-8613 SHERIFF'S RETURN OF SERVICE 12/16/2009 09:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 2100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Todd T. Sellers, by making known unto himself personally, at 1107 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents anc at the same time handing to him personally the said true and correct copy of the same. 12/16/2009 09:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 2100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly J. Sellers, by making known unto Todd Sellers, Husband of defendant at 1107 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 December 17, 2009 SO ANSWERS, 0010499:::? ?0 R THOMAS KLIIXE, SHERIFF By icj Gouniy-Suito Shenft. 7iie05oft. Inc. F1LF- 1 "E _ 2010 JAN 1 1 PH 2: 44 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8613-CIVIL-TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 223583 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Att e fRr Plai t'ff By: ? La ence T. Phelan, Esq., Id. No. 3222 ? Francis S. Hallinan, Esq., Id. No. 62695 E]baniel 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 Date: 1-07-10 PHS #: 223583 VERIFICATION Kim Krakoviak hereby states that he/she is Vice President of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Na : Kim Kra oviak DATE: 12, ZZ' o Cc Title: Vice President Company: CITIMORTGAGE, INC. File #: 223583 Sellers 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 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff VS. TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) : NO. 09-8613-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: TODD T. SELLERS 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 PHS #: 223583 KIMBERLY J. SELLERS 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 Phelan Hallinan & Schmieg, LLP Atto"y,fgr,Plainj ff , w By: ? La nce T. helan, Esq., d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-07-10 PHS #: 223583 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 ---3oshua 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 TO ABN AMRO MORTGAGE GROUP, INC. VS. TODD T. SELLERS KIMBERLY J. SELLERS Attorney for Plaintiff POD a 0 R?1 w CA) n r m : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-8613-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TODD T. SELLERS, and KIMBERLY J. SELLERS, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: * iq . oo P A An`l CK,* 9 o7a5a "4te'L Wu- L4 As set forth in Complaint $409,774.65 Interest - 12/11/2009 to 02/01/2010 $3,126.47 TOTAL $412,901.12 I hereby certify that (1) the Defendants' last known address is 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610, and (2) that notice has been given in accordance with Rule 237.1, copy attached. V- LawyWe T. Fry icis S. Hallin , Esquire E6niel ieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire /foshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a 4110 PHS # 223583 PROTHONOTARY 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 TO ABN AMRO MORTGAGE GROUP, INC. VS. TODD T. SELLERS KIMBERLY J. SELLERS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-8613-CIVIL-TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TODD T. SELLERS is over 18 years of age and resides at 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610. (c) that defendant KIMBERLY J. SELLERS is over 18 years of age and resides at 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. U La en e T. Phel Esq., Id. No. 32227 ? F ci S. Hallin, Esq., Id. No. 62695 aniel G. Sc leg, Esq., Id. No. 62205 ? Michele . 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 RChrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS TODD T. SELLERS KIMBERLY J. SELLERS : CIVIL DIVISION : No. 09-8613-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on !o By: If you have any questions concerning this matter please DEPUTY ? 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 E]Xhrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY." CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-8613-CIVIL-TERM CUMBERLAND COUNTY TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) TO: TODD T. SELLERS 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610co ay DATE OF NOTICE: January 6, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 223583 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Sk b k-,' - Vence T. Phelan, Es ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 XicD,el G. Schmieg, Esq., Id. No. 62205 hele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 223583 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) TO: KIMBERLY J. SELLERS 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 DATE OF NOTICE: January 6, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-8613-CIVIL-TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 223583 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 e By: Lawrence T. Phelan, Esq., I No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 D iel G. Schmieg, Esq., Id. No. 62205 ichele 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 223583 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, COURT OF COMMON PLEAS INC. Plaintiff CIVIL DIVISION v TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/02/2010 to Date of Sale ($67.87 per diem) TOTAL O a?. oo P Q arr/ ti w 53-00 N. 000J : NO. 09-8613-CIVIL-TERM CUMBERLAND COUNTY $412,901.12 c? C $8,212.27 -o s ?J. LJ o -r) t - F 00 C' 'zs ?- rn C:) CYN Note: Please attach description of property. PHS # 223583 ay-* 9010 501 PT# aas 5.111 RE Lx>;f "al $421,113.39 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 ? urtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 0 0 w o? a O aW. O O O H UW ?U U O C?7 W C7 d G7 H a O x 0 z 0 C w Oa U > a W ?aN ti EH W A A O 0 W i Oc H ? 0 w o9D U A v .n 0 0 0 0 w ? `"wa rs;> ,.wawa w> a ,. A A 3 `?'WZu?¢Z¢ xx ?wZZ wxx q o o Z Z 0 tn N p ? ?/'1 m O m .., ?t o 51 ? ?o N?N?p??trt?m O,d N m?? polo ?MN l?00c C a O O OZ?Zo?OTNy?j? Cpb GZ a Z Z Z d 0 O O O? O Z Z :,z ,.abv,,b a, .d ZZZ'0z-,d riw.db on y ?. &-d .d ti c d ww b °dd"°"b yww'l Mw ?Hxv, 0 im H P4 - A y.? R Q v1 r.. ^'" Q ti ? N W ;3 V 45 10 .1 41 U Q a ????????????????® v w Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 FILED-.&:Fi ;E One Penn Center Plaza ?F THE ,PPM? 0,N1h_ TARy Philadelphia, PA 19103 215-563-7000 2010 MAR -8 Pli 1:06 CITIMORTGAGE, INC. S/B/M TO ABN ATy GROUP, INC. Plaintiff V. TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8613-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 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. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 Q Andrew C. Bramblett, Esq., Id. No. 208375 CITIM -RTGAGE, INC. SB/M TO ABN AMRO MORT(AGE GROUP, INC. Plaintiff V. TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8613-CIVIL-TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO 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 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610. 1. Name and address of Owner(s) or reputed Owner(s): ''- Name Address (if address cannot be reasonably o ascertained, please so indicate) z-; c:- TODD T. SELLERS 1107 KENT DRIVE M MECHANICSBURG, PA 17050-7610 `•- KIMBERLY J. SELLERS 1107 KENT DRIVE . . j MECHANICSBURG, PA 17050-7610 . o 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) Mers, Inc. 3300 SW 34`h Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for Aegis Funding, d/b/a Aegis Home Equity Aegis Funding, d/b/a Aegis Home Equity P.O. Box 2026 Flint, MI 48501-2026 1855 West Baseline Road; Suite 200 Mesa, AZ 85202 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be 1affected 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 Mers as a nominee for GMAC Mortgage, LLC. GMAC Mortgage, LLC. Highlands of Hampden Square Partnership Highlands of Hampden Square Partnership 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 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 P.O. Box 2026 Flint, MI 48501-2026 3451 Hammond Avenue Waterloo, IA 50702 2201 Forest Hills Drive; Suite 7 Harrisburg, PA 17112-1089 4712 Smith Street Harrisburg, PA 17109-1718 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. March 5, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 [ndrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff VS. TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) : NO. 09-8613-CIVIL-TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TODD T. SELLERS KIMBERLY J. SELLERS 1107 KENT DRIVE 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 MECHANICSBURG, PA 17050-7610 "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 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $412,901.12 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You 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. 09-8613-CIVIL-TERM CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. TODD T. SELLERS KIMBERLY J. SELLERS owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610 Parcel No. 10-16-1056-415. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $412,901.12 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Hampton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a pin on the Western dedicated right-of-way line of Kent Drive at the dividing line of Lot #552 of the Highland of Hampton Square, Phase II and Lot #551; thence by line of Lot # 552, South 76 degrees 00 minutes 00 seconds West 120.00 feet to a point; thence by line of Lot #519 and Lot #520, North 14 degrees 00 minutes 00 seconds West 99.96 feet to a point at the dividing line of Lot #550 and Lot A# 551; thence by line of Lot # 550, North 75 degrees 58 minutes 57 seconds East 120.00 feet to a point on the Western right-of-way line of Kent Drive; thence by said right-of-way line, South 14 degrees 00 minutes 00 seconds East 100.00 feet to a pin at the dividing line of Lot # 552 and Lot # 551, the place of BEGINNING. BEING Lot #551 as shown on the Final Subdivision Plan of The Highlands of Hampden Square, Phase VI, recorded Febraury 26, 1998 in Plan 76, Page 50. TITLE TO SAID PREMISES IS VESTED IN Todd T. Sellers and Kimberly J. Sellers, h/w, by Deed from Russell C. Goodling, adult individual and Thomas S. Wolfe, adult individual, dated 12/14/2005, recorded 12/19/2005 in Book 272, Page 1976. PREMISES BEING: 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610 PARCEL NO. 10-16-1056-415. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02009-8613 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Citimortgage, Inc. SB/M to ABN Amro Mortgage Group, Inc. Plaintiff (s) From Todd T. Sellers Kimberly J. Sellers (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 $412,901.12 L.L. Interest from 2/2/2010 to date of sale ($67.87 per diem) $8,212.27 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: 3/8/2010 David D. Buell, Pr honotary (Seal) By: Deputy REQUESTING PARTY: Name Andrew C. Bramblett, Esq. Phelan Hallinan & Schmieg, LLP Address: 1617 JFK Boulevard, Suite One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 208375 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 223583 DEFENDANT SERVICE TEAM/ iin TODD T. SELLERS KIMBERLY J. SELLERS COURT NO.: 09-8613-CIVIL-TERM SERVE TODD T. SELLERS AT: TYPE OF ACTION 1107 KENT DRIVE XX Notice of Sheriff's Sale MECHANICSBURG, PA 17050-7610 SALE DATE: 06/02/2010 SERVED Served and made known to T60D T. SC4AAtS , Defendant on the day of 2C F} , 20. , ; at o'clock ? M., at 110-1 14kT DkM6cW r53f#&,P4 , in the manner described bek?-i': ==t ? Defendant personally served. _ ti r _ 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). N _ Agent or person in charge of Defendant's office or usual place of business. t- , `J an officer of said Defendant's company. ?cr -t Other: Description: Age.. 4 5 Height 5 t l b Weight -7 0 e Race 1-%J Sex /" Other 1, k"&iDVL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this A* day NOTARY PUBLIC of AA a , 201 STATE; OF VIEW IRRSEY o`C4 ?? COMMISSION EXPIRES MARCH 7, 2013 Note By: tit NOT SERVED On the ` ay o , 20-, at Vacant Bad Address No Answer _ Service Refused Other: Sworn to and subscribed offore me this ? day By: Notary: o'clock _. M., Defendant NOT FOUND because: Moved - Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. Hallimm, Esq., Id. No. 62695 Daniel G. Schmie& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shahaani, Esq., Id. N. 81760 Jenne P- 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 Chrisovalane P. FSakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtemay R. Damn, Esq, Id. No. 206779 Andrew C. Bramblett, bFs?,q?M. No. 208.775 l6 7 John F Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 AFF%B 3%RT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 223583 DEFENDANT TODD T. SELLERS KIMBERLY J. SELLERS SERVICE TEAM/ iin COURT NO.: 09-8613-CIVIL-TERM SERVE KIMBERLY J. SELLERS AT: 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 06/02/2010 SERVED 0 Served and made known to KIMBE2L VEtlk¢Defendant on the day of /IM-QC4I 2(}; at 5: oS , o'clock _E. M., at 1107 V&jT DA., Mfr 04w"BJ", in the manner described belcW - ' ; +5 Defendant personally served. .? rr? Adult family member with whom Defendant(s) reside(s). r Relationship is -usaq NA, _ 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: Description: Age ?f Height 5119) ~ Weight O 0 Race W Sex A Other I, t?ONA-UD k10LA- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc 'bed KIMBERLY CURTY before me this ?? day NOTARY PUBLIC of 44 20-t4 STAT 101 N-? W GRIEY r„ MISSION f XPIRPS MARCH 1, 2013 Notary: / TOT SER ED V r On the , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address Moved Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this day By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. nallinan, Esq., Id. No. 62695 Daniel G. Schmkg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shceml R Shah-Jana, 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, Fs i, Id. No. 86657 Peter J. Mukshy, Esq., Id. No. 61791 Andrew L Spivack, Fsq, Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fhakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courkmy R. Lhmn, Esq., Id. No. 206779 Andrew C Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) CUMBERLAND COUNTY N ; COURT OF COMMON PLEAS CIVIL DIVISION w No. 09-8613-CIVIL-TERA4 < AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND 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 Mailin ( rm 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is at c ed hereto ExMi it "A". Date: -1 k U awrence T. Phelan, Fq., Id. No. 32227 ? 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 ? 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 223583 r .--roy N M C ?z 00 J O? Ch A W N r x r , _ CD m'"o ? > ? O Oil eD > : Oil W "n eD ^t Y N ""km o IQ 0 b y 00 00 ? a Q Y t00i?N o t tAW a ?! N ? x yxx m tA am o ?@ O °0Qa N o o • ' p -4 Y A < -1 a c o RO ? c 5 h-+ eD . "' < c O a an y y m »B rn 0 04 A off. N A ° CD a a N A m ° CD CD CD .ti . ? ?: r.o t N H fDD ?r 11 O m ?" CD p .•1 o vi7i b fJ . A r hr "CS F-+ V N < lJ CD N m N w .`3 b C/] i rb p k4 CD D C7 (? -9 > ^t a y m yy M CD rb F? y '7 -. /+ N F+ r f9 to eD a C/1 / y y Y eD rn O ?, v? 0Q Ocl r: `A ° a eD O < '' IQ 17 CD 7 y C , n ° d fD ro • :L . a ?. eD eD eD p ? ? ` a e9 e9 Y m y O ?' N ° a d A i , , to o to b t? M o a UQ .c c S '1. `< Y n `„ y ° p v o_ o ? ?y ?/ 'C! 'L1 r r A y W ? y n y a. ? y yl W eD "S b ? a -T N w 3 O n W • W Vl o w n N N ^ 7O O w U O N -4 8 9 2. o rv " c ' o e` ED y "'v c ?• o m ° o o°- ? ?ony3 ao c ? P K G y K ty a. w G C y rt a o .? o ? r Q} 1 ,era m e ° \ 3 H n no 7 C w ; ? ? P(? ' r?n•1 i " 7 v 2 ? { O esps "/y' 9 ? ?x s Q 4F v rn d c "Inummmv .. + e ?7DIEV BOWES ° 02 1M $ ?l? ?AO N °.; . .k 0004277256 MA ' R08 2 0110 M AILED FROM ZIP CODE 1 910 3 CD CD CD m ?i vs^ m o ? O> Z C y g a I, d Q ? (D u n 0 w b ?4 O D CD D FL A CD oa C) r C) ° 'v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~- , ..T•. Sheriff Jody S Smith ~~~~~tr of "C.'~trn~,~~,~~~b Chief Deputy s ~ ' `' - ~ ~ , , . ~~~ r r ,: ~ . - . Richard W Stewart o2o1D ~uG' a Pwt ta:0(p Solicitor ~3~GU:E _;=F ->-E ~r~Ricc v',);~, - __ ,. Citimortgage Inc vs. Case Number Todd T. Sellers (et al.) 2009-8613 SHERIFF'S RETURN OF SERVICE 04/12/2010 06:58 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1858 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Todd T. Sellers and Kimberly Sellers, located at,1107 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/12/2010 06:58 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1858 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Todd T. Sellers, by making known unto, Kimberly Sellers, Spouse, at, 1107 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same 04/12/2010 06:58 PM -Amanda Cobough, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1858 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly J. Sellers, by making known unto, Kimberly J. Sellers, personally, at, 1107 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same 06/02/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of CITIMORTGAGE, Inc., S/B/M to ABN Amro Mortgage Group, Inc., 1000 Technology Drive, Mail Station, O'Fallon, MO 63368, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 789.14 SHERIFF COST: $789.14 SO ANSWERS, ... July 29, 2010 RON R ANDERSON, SHERIFF ~g•o~ pd C~ ~~DD ppC~ C'o_ !ci rpuntySuite Sheriff. Tel2osori. h:r. r Y '" ~7 (O ss~ CITIMORTGAGE, INC. S/B/M TO ABN AMRO COURT OF COMMON PLEAS MOR'I~AGE'GROUP, INC. . Plaintiff ~ ~ ! CIVIL DIVISION v. N0.09-8613-CIVIL-TERM TODD T. SELLERS CUMBERLAND COUNTY KIMBERLY J. SELLERS Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SiBIM TO 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 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ~~ e ~. ~i 2. TODD T. SELLERS KIMBERLY J. SELLERS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last Icnown'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) Mers, Inc. 3300 SW 34`~ Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for Aegis Funding, P.O. Box 2026 d/b/a Aegis Home Equity Flint, MI 48501-2026 Aegis Funding, d/b!a Aegis Home Equity 1855 West Baseline Road; Suite 200 Mesa, AZ 85202 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected' by tfie sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Dime 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: T~lame Address (if address cannot be ~ reasonably ascertained, please indicate) TENANTIOCCUPANT 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 Mers as a nominee for GMAC Mortgage, LLC. GMAC Mortgage, LLC. Highlands of Hampden Square Partnership Highlands of Hampden Square Partnership 1107 KENT DRIVE MECHANIC5BURG, PA 17050-7610 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 P.O. Box 2026 Flint, MI 48501-2026 3451 Hammond Avenue Waterloo, IA 50702 2201 Forest Hills Drive; Suite 7 Harrisburg, PA 17112-1089 4712 Smith Street Harrisburg, PA 17109-1718 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. March 5.2010 By: Attorney for 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 ^ ourtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 r CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff N0.09-8613-CIVIL-TERM vs. TODD T. SELLERS KIMBERLY J. SELLERS Defendant(s) CUMBERLAND COUNTY NOTICE OF_SHERIFF'S SALE OF REAL PROPERTY TO: TODD T. SELLERS KIMBERLY J. SELLERS 1107 KENT DRIVE 1107 KENT DRIVE MECHANICSBURG, PA 17050-7610 MECHANICSBURG, PA 17050-7610, . ~.~4 * *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 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610 is scheduled to be sold at the Sheriff s Sale on 06!02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $412,901.12 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be' able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-8613-CIVIL-TERM CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. TODD T. SELLERS KIMBERLY J. SELLERS owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1107 KENT DRIVE MECHANICSBURG PA 17050-7610 Parcel No. 10-16-1056-415. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $412,901.12 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL. DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Hampton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a pin on the Western dedicated right-of--way line of Kent Drive at the dividing line of Lot #552 of the Highland of Hampton Square, Phase II and Lot #551; thence by line of Lot # 552, South 76 degrees 00 minutes 00 seconds West 120.00 feet to a point; thence by line of Lot #519 and Lot #520, Norkh 14 degrees 00 minutes 00 seconds West 99.96 feet to a point at the dividing line of Lot #550 and Lot A# 551; thence by line of Lot # 550, North 75 degrees 58 minutes 57 seconds East 120.00 feet to a point on the Western right-of--way line of Kent Drive; thence by said right-of--way line, South 14 degrees 00 minutes 00 seconds East 100.00 feet to a pin at the dividing line of Lot # 552 and Lot # 551, the place of BEGINNING. BEING Lot #551 as shown on the Fvnal Subdivision Plan of The Highlands of Hampden Square, Phase VI, recorded Febraury 26, 1998 in Plan 76, Page 50. TITLE TO SAID PREMISES IS VESTED IN Todd T. Sellers and Kimberly J. Sellers, hlw, by Deed from Russell C. Goodling, adult individual and Thomas S. Wolfe, adult individual, dated 12/14/2005, recorded 12/19/2005 in Book 272, Page 1976. PREMISES BEING: 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610 PARCEL NO.10-16-1056-415. LEGAL. DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Hampton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a pin on the Western dedicated right-of--way line of Kent Drive at the dividing line of Lot #552 of the Highland of Hampton Square, Phase II and Lot #551; thence by line of Lot # 552, South 76 degrees 00 minutes 00 seconds West 120.00 feet to a point; thence by line of Lot #519 and Lot #520, North 14 degrees 00 minutes 00 seconds West 99.96 feet to a point at the dividing line of Lot #550 and Lot A# 551; thence by line of Lot # 550, North 75 degrees 58 minutes 57 seconds East 120.00 feet to a point on the Western right-of-way line of Kent Drive; thence by said right-of-way line, South 14 degrees 00 minutes 00 seconds East 100.00 feet to a pin at the dividing line of Lot # 552 and Lot # 551, the place of BEGINNING. BEING Lot #551 as shown on the Final Subdivision Plan of The Highlands of Hampden Square, Phase VI, recorded Febraury 26, 1998 in Plan 76, Page 50. TITLE TO SAID PREMISES IS VESTED IN Todd T. Sellers and Kimberly J. Sellers, h/w, by Deed from Russell C. Goodling, adult individual and Thomas S. Wolfe, adult individual, dated 12/14/2005, recorded 12/19/2005 in Book 272, Page 1976. PREMISES BEING: 1107 KENT DRIVE, MECHANICSBURG, PA 17050-7610 PARCEL NO. 10-16-1056-415. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02009-8613 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Citimortgage, Inc. SB/M to ABN Amro Mortgage Group, Inc. Plaintiff (s) From Todd T. Sellers Kimberly J. Sellers (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 $412,901.12 L.L. Interest from 2/2/2010 to date of sale ($67.87 per diem) $8,212.27 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: 3/8/2010 r~ ~ David D. Buell, Pr thonotary (Seal) By. Deputy REQUESTING PARTY: Name Andrew C. Bramblett, Esq. Phelan Hallinan & Schmieg, LLP Address: 1617 JFK Boulevard, Suite One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 208375 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 1107 Kent Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: W A Y V M r/J~ Real Estate Coordinator SZ ;0` l° O l ~'~~~ ~ljl ,t 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: April 16, Apri123, and April 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. Writ No. 2009-8613 Civil Citimortgage Inc. vs. Todd T. Sellers Kimberly J. Sellers Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-8613-CIVIL-TERM, CITI- MORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. TODD T. SELLERS, KIMBERLY J. SELLERS, owners of property situ- ate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 1107 KENT DRIVE, MECHAN- ICSBURG, PA 17050-7610. Parcel No. 10-16-1056-415. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $412,901- :12: iI ~~' ~'r lsa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 '/ Notary ..~. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2fl14 ~,, ,~~he Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'rl~e ~lahiot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 11r~'N'MM.7110iM1~ CMNAnn ~i ~.' Ally: pen>ibl!E3`S By vr4~c of a Wffi of Exarotiopt IgO.09-Sb13- CMLrTERM ~~E, INCr.,'1D ABI~i A1~1 MURPGA~ GROUP,11`T ~. Tom ~: sstts~is ~ . K>a~Rt.Yr.s Owna(s) of properly ardtWe m~the TOWNSHUP OF '-HAMPDEN, CugtDerlaad County, Pmmylvaniq, 6ein8 (Mwcipe}itY) 1107 KENT DRNE,,NB3CHilNICSBURG, PA 17f130.7610 PurdN(u. itF;ilr1AS64i5: (Aaraee a smau lddaesa~ _ 3I®pnpvemeats thereat:. RS511Jlai+tl'tAi. DWE1,LiN(i 11T8(i11~1~'C itMOl1NT: 5412;901.12 to a~su~cribed before me~thi~ da~f MaY, 2010 A.D. i Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Klsner, Notary PuMk Lower P'axbon Twp., Dauphin County MY Commission 6~ Noy, 26, 2011 Member, Pennsylvania Associatbn of Notaries 04/23/10 04/30110 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 Citimortg_a~e Inc sbm ABN Amro Mtg Group Inc is the grantee the same ~L having been sold to said grantee on the 7th day of J~ A.D.,'~2010, under and by virtue of a writ ~L Execution issued on the 8th day of March, A.D., ~-2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8613, at the suit of Citimortga~e Inc SBM ABN Amro Mtn Group Inc against Todd T Sellers & Kimberly J is duly recorded as Instrument Number 201020910. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this oZ day of of Deeds ~~~