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HomeMy WebLinkAbout10-0335+?J OF TNt rp". '`,r?? TAPY 2010 JAN 12 °M 3: 10 TV VC ,,I _ w r 1 4 71-1 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 j, eetal 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. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 33S ?', vt i i rM SCOTT E. KING CUMBERLAND COUNTY 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 Defendant *q a . 00 PO A Tr/ CIVIL ACTION - LAW CK.4 8%60)8 COMPLAINT IN MORTGAGE FORECLOSURE e g,3(0 IQl 226278 File 4: 226278 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 #: 226278 1. Plaintiff is CITIMORTGAGE INC S/B/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: SCOTT E. KING 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/22/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1942, Page 212. 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 09/01/2009 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 #: 226278 6 The following amounts are due on the mortgage: Principal Balance $104,941.21 Interest $3,009.09 08/01/2009 through 01/08/2010 (Per Diem $18.69) Attorney's Fees $650.00 Cumulative Late Charges $138.40 02/22/2006 to 01/08/2010 Property Inspections $195.00 Mortgage Insurance Premium / $169.74 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $109,653.44 Escrow Credit ($94.60) Deficit $0.00 Subtotal 94.60 TOTAL $109,558.84 7 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 #: 226278 w 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $109,558.84, together with interest from 01/08/2010 at the rate of $18.69 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phel q., 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 aSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 226278 LEGAL DESCRIPTION ALL THAT CERTAIN lot and parcel of ground situate in the Township of Silver Spring, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Wertzville Road, so-called Pennsylvania State Highway No. 944, and in the line of the land now or formerly of Alfred Shugart; thence along the line now or formerly of said Shugart land South 23 degrees East two hundred twelve and seventeen hundredths (212.17) feet to a point in the said Shugart line; thence by other land now or formerly of Wiliam Schlanger South 86 1 /2 degrees West one hundred twenty and eighty-two hundredths (120.82) feet to a corner at other land now or formerly of Schlanger; thence continuing along the land now or formerly of Schlanger North 3 degrees and 30 minutes West two hundred (200.00) feet to a point in the center of the above-mentioned Highway; thence along the center of the Highway North 86 degrees and 30 minutes East fifty (50.00) feet to the corner of land now or formerly of Shugart, the place of BEGINNING. CONTAINING 62 1/2 perches, be the same more or less. There shall be no junk cars nor any junkyard maintained upon the premises. This covenant shall run with the land forevermore. BEING THE SAME PREMISES which Joan E. Killian by Deed dated June 30, 1998 and recorded July 2, 1998 in Book 180, Page 811 at the Cumberland County Recorder of Deeds Office, granted and conveyed unto Scott E. King and Cheryl L. Buchanan, GRANTORS herein. PARCEL NO: 38-13-0987-021 PROPERTY ADDRESS: 6939 WERTZVILLE ROAD File #: 226278 VERIFICATION 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. DATE: Attorney for Plaintiff File #: 226278 SHERIFF'S OFFICE OF CUMBERLAND COUNTY L?fJ Ronny R Anderson Sheriffr to ARY ?u+ral??tl1- i n Jody S Smith Chief Deputy ?x1_310 JAN 25 Al" 11: 5 3 Edward L Schorpp Solicitor , h C'Ct ? J i ?wfr ?t. Citimortgage, Inc vs. Scott E. King Case Number 2010-335 SHERIFF'S RETURN OF SERVICE 01115/2010 03:15 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2010 at 1515 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Scott E. King, by making known unto himself personally, at 6939 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 20, 2010 SO NS ONNY R ANDERSON, SHERIFF By?? Deputy Sheri f ;c) CourrySuite Sheriff. Teleosoft. Im. OF FILED O THE PP,- _ N4TAPy 1010 FES -8 Ali 8: 36 CUME, ?NNE,YLV AIA 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 c--Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 VS. SCOTT E. KING Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-335-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 226278 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: ? Lawren ' Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Danie G. Schmieg, Esq., Id. No. 62205 ? Mic ele M. Bradford, Esq., Id. No. 69849 ? Ju ith T. Romano, Esq., Id. No. 58745 ?ieetal R. Shah-Jani, Esq., Id. No. 81760 ? enine 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: 2-3-10 PHS #: 226278 VERIFICATION ?, (A SS lf. 1 S ? hereby states that he/she is ayyllust of CITIMORTGAGE, INC., servicing agent for Plaintiff in this V-' LI 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. DATE: G I o L.) ?? 0 1 ?? Name: 6ZSt, US,, h, Title: ? NCG(,o?'Lc,t,e Gt/1 Ct. l ?-S Company: CITIMORTGAGE, INC. File #: 226278 king Phelan Hallman & 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 S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff VS. SCOTT E. KING Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-335-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: PHS #: 226278 SCOTT E. KING 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 Phelan v??k??taSchmieg, LLP Attorne fo P i tiff By: ? Lawr 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 ? Ju 'th T. Romano, Esq., Id. No. 58745 ? S eetal R. Shah-Jani, Esq., Id. No. 81760 ? enine 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: 2-3-10 PHS #: 226278 't.-'" _?.,rt?,,E ?iLE? .1!~i.. car THE - i3 THC - *1 TARY 2010 H AR -8 PM 1: 0 CUM .a? . rr- N1 Z.v/'e i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION SCOTT E. KING No. 10-335-CIVIL TERM -* 14.oo Pa A71`/ cv--# 9/10M e-7 385-7 D OAaa Aia.&o/ 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 SCOTT E. KING, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $109,558.84 Interest - 01/09/2010 to 02/24/2010 $878.43 TOTAL $110,437.27 I hereby certify that (1) the Defendant's last known address is 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039, and (2) that notice has been given m rdana with Rule 237.1, copy attached. A Law n?e T. Phelan, Daniel . Sc , Esquire Michele radford, 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 Wsovalante P. Fliakos, Esquire !Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATEDr--\,,, DATE: 3 8 /o Pxs # 226278 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC S/BIM ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. : CIVIL DIVISION SCOTT E. KING : No. 10-335-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 SCOTT E. KING is over 18 years of age and his last known residence is 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / e--\ . I Id. No. 32227 Id. No. 62695 ? Daniell. Schwiegr-5sq., 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 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE INC SB/M ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP INC. . COURT OF COMMON PLEAS VS. CIVIL DIVISION SCOTT E. KING : No. 10-335-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on -3 /o By: DEPUTY If you have any questions concerning this matter please contact: ? 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 ? /kndrew L. Spivack, Esq., Id. No. 84439 VJaime 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff V. SCOTT E. KING Defendant(s) TO: SCOTT E. KING 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 DATE OF NOTICE: February 9, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-335-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 # 226278 ' - Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: "0 V--?W1, Lawrence T. Phelan, sq. Id. No. 32227 Francis S. Hallinan, E ., d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 .-?heetal R. Shah-Jani, Esq., Id. No. 81760 Jenme 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 # 226278 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v SCOTT E. KING Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/25/2010 to Date of Sale ($18.15 per diem) T?AL atk' po P D Any 41.50 CBF 9a. 00 14.00 also 1q4-00 -M A-my Note: Please attach description of property. PHS # 226278 4a.•oo DUE 00 • 5o LL cV.* qat 444 ??'?` a3$? la LWA-Slj NO. 10-335-CIVIL TERM . CUMBERLAND COUNTY $110,437.27 d $1,778.70 o -. c.. $112,215.97 z' ' --- C ; -- A Phela a inan & Schmi , LLP ? L e e T. Phelan, q., Id. No. 32227 ? ancis . Hallin sq., Id. No. 62695 ? Daniel G. ieg, 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 ? hrisovalante 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 v 0 H 0 0 O a ? n U O O OU "? pas v ?v N V WA 0 d Q A a u w v, o. ? o W o M ?, ?d.a` d?rON O p? `0 Zo t- a M C i- •O ° ° z iG M C, CA ?'40 00 o v o 7 s"? Ca p U? j E-' `K° tol a?i v pa a C4 )s?-x d a?3 N r 'ti w '? •? V ? N N aP?'04 ©D4?.I?? T Dir.^7^.J ??,,..JJLLLppp A " ?,r-?t'1nQ 1 c . UA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 FLEC-OF y One Penn Center Plaza 'OT,AP.Y Philadelphia, PA 19103 215-563-7000 20w MAR 10 A' C1: 26 CITIMORTGAGE INC S/B/M ABrt4 _. A TGME GROUP INC. P CI l!v Plaintiff V. SCOTT E. KING Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 10-335-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. By. Attorney f intiff Phelan i an & Schmie LP ? La ce . Phelan, E ., Id. No. 32227 ? Francis S. allinan sq., Id. No. 62695 ? Daniel G. S eg, 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 ? aime 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 CITI14ORTGAGE INC SB/1VI ABN AMRO MORTGAGE G£ P INC. Plaintiff v. SCOTT E. KING Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-335-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039. Name and address of Owner(s) or reputed Owner(s): Name SCOTT E. KING 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 n o ; = C , o - n Zw Z o . N ? rn 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) Pennsylvania Central Federal Credit Union, 959 East Park Drive A corporation organized and existing under the Harrisburg, PA 17111 Laws of the United States Federal Credit Union Act Pennsylvania Housing Finance Agency 211 North Front Street; P.O. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PV 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 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 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 8, 2010 By: \ Attorney for Pla' tiff Phelan Hallin & hmieg, LL ? Lawrence . Phel Es q., Id o. 32227 ? Francis S. allinan, sq., No. 62695 ? Daniel G. Schmieg, sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? :Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff VS. SCOTT E. KING : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 10-335-CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SCOTT E. KING 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 "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 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039 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 $110,437.27 obtained by CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale *1 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. 10-335-CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. VS. SCOTT E. KING owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 6939 WERTZVILLE ROAD. ENOLA. PA 17025-1039 Parcel No. 38-13-0987-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $110,437.27 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot and parcel of ground situate in the Township of Silver Spring, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Wertzville Road, so-called Pennsylvania State Highway No. 944, and in the line of the land now or formerly of Alfred Shugart; thence along the line now or formerly of said Shugart land South 23 degrees East two hundred twelve and seventeen hundredths (212.17) feet to a point in the said Shugart line; thence by other land now or formerly of Wiliam Schlanger South 86 1/2 degrees West one hundred twenty and eighty-two hundredths (120.82) feet to a corner at other land now or formerly of Schlanger; thence continuing along the land now or formerly of Schlanger North 3 degrees and 30 minutes West two hundred (200.00) feet to a point in the center of the above-mentioned Highway; thence along the center of the Highway North 86 degrees and 30 minutes East fifty (50.00) feet to the corner of land now or formerly of Shugart, the place of BEGINNING. CONTAINING 62 1/2 perches, be the same more or less. There shall be no junk cars nor any junkyard maintained upon the premises. This covenant shall run with the land forevermore. TITLE TO SAID PREMISES IS VESTED IN Scott E. King, single man, by Deed from Scott E. King, single man and Cheryl L. Buchanan, single woman, dated 04/16/2004, recorded 04/27/2004 in Book 262, Page 3443. PREMISES BEING: 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039 PARCEL NO. 38-13-0987-021 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-335 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 SCOTT E. KING (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 $110,437.27 L.L.$.50 Interest from 2/25/10 to Date of Sale ($18.15 per diem) -- $1,778.70 Atty's Comm % Atty Paid $174.00 Plaintiff Paid Date: 3110110 Due Prothy $2.00 Other Costs ell, rot onotary (Seal) REQUESTING PARTY: By: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 205047 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~,~nE,, ~t .~:~.~.(~_~~~ i'~t~ FILED--~~f-~i~c ter ~M u-'^-+ , '1T~:~V Jody S Smith Chief Deputy Richard W Stewart Solicitor airi ~~_7 -3 ~~~ ®~ O;i cur,~~~:~~_.~ ~~a ~: ~Ur~r P~!I~i~YLb~,~1(A Citimortgage, Inc vs. Case Number Scott E. King 2010-335 SHERIFF'S RETURN OF SERVICE 04/01/2010 06:20 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1816 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 Scott E. King, located at 6939 Wertzville Road, Enola, Cumberland County, Pennsylvania according to law. 04/05/2010 08:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2020 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: Scott E. King, by making known unto, Scot E. King, personally, at 6939 Wertzville Road, Enola, Cumberland County, Pennsylvania its contents and a1 the same time handing to him personally the said true and correct copy of the same. 06/02/2010 Property sale postponed to 8/4/2010. 08/04/2010 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 August 4, 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, Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 797.81 SHERIFF COST: $797.81 SO ANSWERS, September 02, 2010 RON R ANDERSON, SHERIFF . ~v ~~ ~ . i ,:c;r,Pi U7r.. CITIMOR~'GAGE INC SB/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INS''. ~ ` Plaintiff CIVIL DIVISION ~• ~• NO. 10-335-CIVIL TERM SCOTT E. KING CUMBERLAND COUNTY Defendant(s) 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 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SCOTT E. KING 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 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) Pennsylvania Central Federal Credit Union, 959 East Park Drive A corporation organized and existing under the Harrisburg, PA 17111 Laws of the United States Federal Credit Union Act Pennsylvania Housing Finance Agency 211 North Front Street; P.O. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name ay~i address e~ every o,,+.her person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nara, Address (if address cannot be 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 Pennsylvania Bureau of Individual Tax Inheritance Tax Division reasonably ascertained, please indicate) 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 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 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 8, 2010 BY: Attorney for Pla' tiff Phelan Hallina & hmieg, LL ^ Lawrence . Phel ,Esq., Id o. 32227 ^ Francis S. allinan, sq., . No. 62695 ^ Daniel G. Schmieg, sq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ :Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP INC. vs. SCOTT E. KING Plaintiff CIVIL DIVISION NO. 10-335-CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SCOTT E. KING 6939 WERTZVILLE ROAD ENOLA, PA 17025-1039 **THIS FHtM 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 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039 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 $110,437.27 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 Sheriffs 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 throd~gh 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. 10-335-CIVIL TERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. SCOTT E. KING owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039 Parcel No. 38-13-0987-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $110,437.27 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 M~ LEGAL DESCRIPTION ALL THAT CERTAIN lot and parcel of Bound situate in the Township of Silver Spring, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Wertzville Road, so-called Pennsylvania State Highway No. 944, and in the line of the land now or formerly of Alfred Shugart; thence along the line now or formerly of said Shugart land South 23 degees East two hundred twelve and seventeen hundredths (212.17) feet to a point in the said Shugart line; thence by other land now or formerly of Wiliam Schlanger South 86 1/2 degees West one hundred twenty and eighty-two hundredths (120.82) feet to a corner at other land now or formerly of Schlanger; thence continuing along the land now or formerly of Schlanger North 3 degees and 30 minutes West two hundred (200.00) feet to a point in the center of the above-mentioned Highway; thence along the center of the Highway North 86 degees and 30 minutes East fifty (50.00) feet to the corner of land now or formerly of Shugart, the place of BEGINNING. CONTAINING 62 1/2 perches, be the same more or less. There shall be no junk cars nor any junkyard maintained upon the premises. This covenant shall run with the land forevermore. TITLE TO SAID PREMISES IS VESTED IN Scott E. King, single man, by Deed from Scott E. King, single man and Cheryl L. Buchanan, single woman, dated 04/16/2004, recorded 04/27/2004 in Book 262, Page 3443. PREMISES BEING: 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039 PARCEL N0.38-13-0987-021 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH`OF PENNSYLVANIA) NO 10-335 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 SCOTT E. KING (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 $110,437.27 L.L.$.50 Interest from 2/25/10 to Date of Sale ($18.15 per diem) -- $1,778.70 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Plaintiff Paid Date: 3/10/10 Other Costs David .Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Te I eph on e: 215-563-7000 Supreme Court ID No. 205047 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered, 6939 Wertzville Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 BY' C~3e~ Real Estate Coordinator i ~~ 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 Apri130, 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. 2010-335 Civil Citimortgage, Inc. vs. Scott E. King Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-335-CIVIL, CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. vs. SCOTT E. KING, owner of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039. Parcel No. 38-13-0987-021. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $110,437- .27. isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 30 da of April, 2010 - ~-l~ Notary NOTARIAL SEAL DE80RAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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 Mt_ Cgor~ is the grantee the same having been sold to said grantee on the 4th day of A_ u~ust A.D., 2010, under and by virtue of a writ Execution issued on the 10th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 335, at the suit of Citimortga~e Inc s/b/m Abn Amro Mtg Group Inc against Scott E King is duly recorded as Instrument Number 201024607. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of ,A.D.~ol~ Recorder of Deeds fleoaderdDeeAf.dn~leArd~ONIIiA~,I~ My Cartrnission ~ h Rnt 11md~ d~MI~ M~ d~k ~ CMii1R# i~:~`3 ~ w ' The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 ~he~latriot-Netus 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 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 . Writ No. 2010-335 Clvtl Term Citimortgage, Inc vs. Scott E. King ' Atty: Daniel G Schmieg By virtue of a Writ Of Execution N0. 10-335- CIVILTERM CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. vs. SCOTT E. KING Owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 6939 WERTZVILLE ROAD, ENOLA, PA 17025-1039 Pazcel No. 38-13-0987-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $]1Q437.27 04/23/10 04/30/10 i Sworn to ansubscribed before me this-'18 day of May, 2010 A.D. ,- ; ./- % - _,~ ~'L- i ~ f Notary Public COMMUNWIALI°H pF PENNSYLVANYA N~t'lal Saal Shortie L. Klsrtsr, Notary Publk Lower Paxton'1Wp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Assoctatlon of Notaries