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Home My WebLink About10-0994Phelan 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 L,--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 229247 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff ZANE L. WELCH MAJORIE M. COTTERMAN 554 SHED ROAD NEWVILLE, PA 17241-9765 Defendants OF TH EF THn ?jARY 1010 FFO -8 Ate 10; 31 -j'_7 ly PENNSYWAJtiJfA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 9q4 0,1V It o m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE QP $qa. 00 PQ PATTY eic. q 7&q) 0' x37358 File #: 229247 • 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 #: 229247 4. 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO 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: ZANE L. WELCH MAJORIE M. COTTERMAN 554 SHED ROAD NEWVILLE, PA 17241-9765 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/02/2004 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. 1860, Page 4471. 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 10/01/2009 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 #: 229247 6. The following amounts are due on the mortgage: Principal Balance $106,453.47 Interest $2,592.78 09/01/2009 through 02/05/2010 (Per Diem $16.41) Attorney's Fees $650.00 Cumulative Late Charges $135.21 04/02/2004 to 02/05/2010 Costs of Suit and Title Search 550.00 Subtotal $110,381.46 Escrow Credit $0.00 Deficit $3,802.36 Subtotal $3,802.36 TOTAL $114,183.82 7. 8. 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. 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. File #: 229247 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $114,183.82, together with interest from 02/05/2010 at the rate of $16.41 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & ,$CHMIEG, LLP By: ? ence T. Phelan, E ., Id. No. 32227 ? VFancis S. Hallinan, Esq., Id. No. 62695 ? niel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ' h T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jemne 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 #: 229247 LEGAL DESCRIPTION ALL those three (3) tracts of land situate in situate in Lower Mifflin Township Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Township Road on Lot No. 11, which point is 75 feet from the corner of Lots No. 10 and 11; thence South 26 1/4 degrees East 121 feet to a point in the Township Road and Lot No. 13, now or formerly of Charles E. Ickes, et ux: thence in a southerly direction 63 1 /4 degrees West 200 feet to an iron to the corner of lands now or formerly of John H. Clouse and Charles Ickes; thence in a northerly direction 26 1/4 degrees West 121 feet to an iron pin to the corner of lands of Lot No. 11 and the said John H. Clouse and wife; thence along the remaining portion of Lot NO. 11 now or formerly of Duane L. Rolar, et ux, North 63 1/4 degrees East 200 feet to the place of BEGINNING. BEING Lot No. 12 and the southern 25 feet of Lot No. 11 in the Plan of Lots as laid out by John H. Close, dated May 14, 1964. TRACT NO 2: BEGINNING at a point on the Township road and Lot No. 13; thence South 26 1/4 degrees East 30 feet to a point in the Township Road and Lot No. 14; thence in a southerly direction 63 1/4 degrees West 200 feet to an iron pin to the corner of lands now or formerly of John H. Clouse, et ux; thence in a northerly direction 26 1/4 degrees West 30 feet to an iron pin to the corner of Lot No. 13 and lands of John H. Clouse, et ux; thence along Lot No. 13 North 63 1/4 degrees East 200 feet to the place of BEGINNING. File #: 229247 16 BEING the northern 30 feet of Lot No. 14 in the Plan of Lots laid out by John H. Clouse, dated May 14, 1964. TRACT NO. 3: BEGINNING at a point on a Township road 335 feet from the corner of land now or formerly of Charles L. Bear; thence in a northerly direction along said Township Road 85 feet and North 26 degrees 1 5 minutes West to a point in the Township Road; thence in a southwesterly direction 200 feet along a line South 63 degrees 40 minutes West to an iron pin; thence southerly 85 feet and South 26 degrees 15 minutes East to an iron pin; thence 200 feet along a line North 63 degrees 40 minutes East to the place of BEGINNING. Parcel # 15-04-0391-014 PARCEL NO: 15-04-0391-014 PREMISES: 554 SHED ROAD File #: 229247 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 DATE: J File #: 229247 SHERIFF'S OFFICE OF CUMBERLAND COUNTY FLFC . Ronny R Anderson I ;?- T.. t ^Y Sheriff Jody S Smith 'f+ it 2 Air Chief Deputy. F Edward L Schorpp l,;'s ??,+1 + Solicitor tFf E a Rt1 F t y ;'r -' Citimortgage Inc vs. Majorie M. Cotterman (et al.) Case Number 2010-994 SHERIFF'S RETURN OF SERVICE 02/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Majorie M. Cotterman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Luzerne County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02108/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Zane L. Welch, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Luzerne County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02/16/2010 07:37 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 1937 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Majorie M. Cotterman, by making known unto Zane Welch, adult in charge at 554 Shed Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. ?- --Z ? DENNI FRY, DEP Y N?j 02/16/2010 07:37 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 1937 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Zane L. Welch, by making known unto himself personally, at 554 Shed Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN FRY, DEP 03/10/2010 Luzerne County Return: And now, March 10, 2010 I, Charles Guarnieri, Sheriff of Luzerne County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Zane L. Welch the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Luzerne and therefore return same NOT FOUND. Request for service at 12 Cottermans Hill Road, Shickshinny, PA 18655 is owned by the defendant but Zane L. Welch does not reside at this location. 03/10/2010 Luzerne County Return: And now, March 10, 2010 I, Charles Guarnieri, Sheriff of Luzerne County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Marjorie M. Cotterman the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Luzerne and therefore return same NOT FOUND. Request for service at 12 Cottermans Hill Road, Shickshinny, PA 18655 is owned by the defendant but Marjorie M. Cotterman does not reside at this location. ta; County5uae Shenff. TeleosofY. Inc SHERIFF COST: $95.80 April 07, 2010 SO ANSWERS, 11,21 RON R ANDERSON, SHERIFF (ci CountySuite Shenff, Teleosoft _ Inc. ~~ ;, ~'LE ;~ ~. 214 ~„ii~'~ 29 i~~~ 2~ ~4 CJP~ ~_ - vt,1iY 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 TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. . vs. ZANE L. WELCH MAJORIE M. COTTERMAN COURT OF COMMON PLEAS CIVIL DIVISION No. 10-994 CIVIL TERM ~ (x.00 P Q ~~ C*. 9(~85~ 1 IJohc+.e,~.~u~e/ 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 ZANE L. WELCH, and MAJORIE M. COTTERMAN, 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 $114,183.82 Interest - 02/06/2010 to 06/24/2010 $2,280.99 TOTAL $116,464.81 I hereby certify that (1) the Defendant's last known residence is 554 SHED ROAD, NEWVILLE, PA 17241-9765, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ."C~.~c., ~~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (o 02 /D 1 `y PHS #~ 229247 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. ZANE L. WELCH MAJORIE M. COTTERMAN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-994 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 ZANE L. WELCH is over 18 years of age and his last known residence is 554 SHED ROAD, NEWVILLE, PA 17241-9765. (c) that defendant MAJORIE M. COTTERMAN is over 18 years of age and her last known residence is 554 SHED ROAD, NEWVILLE, PA 17241-9765. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~-~~tiL~J~' ~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS ZANE L. WELCH MAJORIE M. COTTERMAN CIVIL DIVISION No. 10-994 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on _-~~~`~`i By: ~ 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 ^ ~ ndrew 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 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 PREVIOUSLYRECEIi~ED 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. ** r CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v ZANE L. WELCH MAJORIE M. COTTERMAN Defendant(s) TO: MAJORIE M. COTTERMAN 554 SHED ROAD NEWVILLE, PA 17241-9765 DATE OF NOTICE: June 3, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-994 CIVIL TERM CUMBERLAND COUNTY ~~Fco.. 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 HIIZING 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 # 229247 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 B • L~~! L-C~.l~~~ Y• Lawrence T. Phelan, Esq., Id. No. 32227 ~ancis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua i. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 229247 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. ZANE L. WELCH MAJORIE M. COTTERMAN Defendant(s) TO: ZANE L. WELCH 554 SHED ROAD NEWVILLE, PA 17241-9765 DATE OF NOTICE: June 3, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-994 CIVIL TERM CUMBERLAND COUNTY THIS FIIZM 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 # 229247 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: 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 229247 AFFIDAVIT OF SERVICE (FWMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 229247 DEFENDANT SERVICE TEAM/ late ZANE L. WELCH COURT NO.: 10.994 CIVIL TERM MAJORIE M. COTTERMAN SERVE ZANE L. WELCH AT: 554 SHED ROAD NEWVILLE, PA 17241-9765 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/08/2010 SERVED Served and made known to ZANE L. WELCH Defendant on the 3 day of ?fierfAA& 20 jQ, at 24 , o clock A. M., at (2 &TrUM?4rf's U- QaAo , in the manner described below: -itf -Defendant personally served. $Iji C1. Sk ir4 N y, P4, •g? Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. AL Other: Lb ydfxat ( Description: Age 4. Height 513" Weight 12 a Race W Sex F Other 1, 120A-Alwh "V 4_ , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. -0 A _TE;i1pTs a J z"&t i o //,) /UD #AUS w agSwom to and subscribed JNV£5716471,00 D(SC" before this 5rd day t??i 14GS,3) 1?1 b of .2 @ tai CEOptgANt s P1C.6:. 2alit #1CKSW1NPy, A4-, N By' ??L???;17ID^- T On t a f 20_, at _ o'clock _. M., Defendant NOT FOUND because: acan _ Bad Address _ Moved ` Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of By: Notary: N,O ATT ?e °- - ?ORNEY FOR Ply Lwrmet T. nm*^ Fsq., It Na 32227 F,se6s5. RHsn, Faq, ld. Na 62155 Daniel G. Sdo ft bq, Id Na 62205 Sixi eb M. Bndlaed, Bsq„ K NO. 69649 Jadkh T. Rowaiq Esq., 6d. Na 58745 Shaw B. Shah.Jao6, Faq., U Na.81760 Jmlae IL Dam, Esq, U Na 870T1 lAurm IL Taws, Esq, It Na. 93331 Ylsek Seivpan4 Esq, It Na 202331 Jq B. Jana, Esq, X No.86M PeurJ. Moleahy, Fe9, Id. Na 61791 Andrew L. Spivatk, Esq,1d. W 84439 JAW McGuhwask Esq, Id. No. 98134 Chem"k*e P. Mkos, Esq, 1Z No. 94610 Jdma L Goftm Faq, Id. Na 2WO Comusy a Dos, Fay, k1. Na 206779 Andrew C. Brribkult Na 206y75 One has cmerat sww 1617 J01w F. Kam* Bbd, Suke 1400 PW7adelphia, PA 19160.1814 (215)563-7060 ra C') t ?3 "?1 a? t`l C 1 CD S1 ?,1`F (jF Tw 4ti ?t, ?1:Y ??7l' C':?;vliAt??IO;N E:.IKs:.S TM9ARCH', 2013 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. S/B/M TO ABN AMRO-WRTGAGE GROUP, INC. PUS # 229247 DEFENDANT ZANE L. WELCH MAJORIE M. COTTFRMAN SERVICE TEAM/ lotc COURT NO.: 10-994 CIVIL TERM SERVE MAJORIE M. COTTERMAN AT: 554 SHED ROAD NEWVILLE, PA 17241-9765 TYPE OF ACTION XX \odee of Sheriff's Sale SALE DATE: 12!08/2010 SERVED Served and made known to MAJORIE M. COTT AN , Defendant on the ? day of 16ft O* 20 )O , at I?i2-q , o'clock ? M., at 1;2re?#.A , S 1 u Oko , in the manner described below: Defendant personally served. Sole-W541-pi 7 Ph.* V Adult family member with whom Defendant(s) reside(s). Relationship is _ _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other= Description: Age Height G',3N Weight 1.Z O Race w Sex +' Other I, 4614VA u- 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. c - K 1, ?v! B t Ly C, IJ RTy Sworn to and subscribed ! 01.,,,- ]Ky fjUBLI(, beforeme this 9H day S.1 k rl O -,TW ;RAY of t )fv1MW ,SG N F:', IRES MARCH 7, 2013 Not By: =Pr - NOT SERVED On t da 20`, at ____ o'clock _ M., Defendant NOT FOUND because: ac , Bad Address - Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other. Sworn to and subscribed before me this day of 2ZS=. By: Notary: ATTORNEY FOR PLATNTI F Lawnae T. P6Aae, Baq, Id. No. 37227 F S n C? rrrY a?a, Fsq,1d, Na {2695 " Drid G. Sehoiq, Fag,ld Na 92218 ' . Mie6e4 M. Dladrotd, Fiq., ld Na N149 "?-- W, v ? Jod7H T. Rauotu, ruq, Id. Na $8745 C-J ? -J "? rn - JaB.eRDarey F.eq,rd.Na87077 rn ""' ?? ? Iavteo R Tabas, Faq, id. Na 93337 k S i 91 re t vanava, FW Ia Na 282331 Jsy8.J0oes,Fiq.,1d.Na86637 Peter J. Mdaky, rW id. Nn 61791 Andrew 4 Sovat14 .al., Id. No. 81439 C:) jwwwmccaia? ?Na? t J ( t CTrleovaloale P.1LkOr, Faq,>b Na 94420 y Jod-LC 1&w %Fy, Id. Na 2L5017 C"] Co011aa7 R Ifw4 Fq, Id, Np 216779 Andrew C. Braooblclt, Id Na 2M375 one Pan Cemerat stw ? on 1617 JNe. F. Kowedy Mvd, Sake 1400 >...,Y „xd.. - PHlodZ , PA 19103-7814 21 5 --- C, ( 63.7000 5) 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. NO. 10-994 CIVIL TERM ZANE L. WELCH MAJORIE M. COTTERMAN Defendant(s) . CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/25/2010 to Date of Sale ($19.14 per diem) $116,464.81 $3,196.38 TOTAL gay o? _?CL 45.80 66 ga.00 14-oo it 0-d8.30 -PO A"-L/ - a. DO 4u t;0 • 50 LL Note: Please attach description of property. PHS # 229247 C? X3738 P el n Hallinan & Schmieg,(LLP B L wrence T. Phelan, Esq., Id. No. 32227 F ancis S. Hallinan, Esq., Id. No. 62695 j ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 2067 El Andrew C. Bramblett, Esq., Id. No. 20 5 + r C . t C_ ca ° a W F O O z w w& a? o F o a ? OUO W O w Oa U U > -o a? z h ? H N a apa o0a 3 3Aa wqa wx'" Ewa Q N?z ??z 0 a? W L C?1Q Co0?OMN O?? CAN a O q ,?zZZ.6 Ozo.0Cc, Nh? O??N O c a -d -,z-6 o d 0? oz o'" o dz o':zzz.0 z.6 o:zz?v 5f -6 t Z-2 U O w 4t. Q W W (?j y W W N cV w ?5 N .c a cz 4 ; jig . ., . .? > a o z Phelan Hallinan & Schmieg, LLP 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. Plaintiff V. ZANE L. WELCH MAJORIE M. COTTERMAN Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-994 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage (X) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties cif 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ' `''? Cl) n `? U A o ey Or Plaintiff Ph 1 n Hallinan & Schmi , LLP ? wrence T. Phelan, Esq., Id. No. 32227 ? ncis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 y CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. ZANE L. WELCH MAJORIE M. COTTERMAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-994 CIVIL TERM CUMBERLAND COUNTY PHS # 229247 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 554 SHED ROAD, NEWVILLE, PA 17241-9765. Name and address of Owner(s) or reputed Owner(s): Name ZANE L. WELCH MAJORIE M. COTTERMAN 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) C 554 SHED ROAD NEWVILLE, PA 17241-9765 ; i 554 SHED ROAD y Q'- -p } raj NEWVILLE, PA 17241-9765 ctf ' =*' W W = r 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) FARMERS AND MERCHANTS TRUST 20 SOUTH MAIN STREET COMPANY OF CHAMBERSBURG CHAMBERSBURG, PA 17201 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 554 SHED ROAD NEWVILLE, PA 17241-9765 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6' FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifipktion to authorities. July 28, 2010 By: I%/ I Attrn for Plaintiff Phe an Hallinan & Schmieg X LP F-1 L rence 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 ? J dith T. Romano, Esq., Id. No. 58745 ? 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 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. . CIVIL DIVISION Plaintiff : : NO. 10-994 CIVIL TERM VS. ZANE L. WELCH MAJORIE M. COTTERMAN Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY n c3 TO: ZANE L. WELCH MAJORIE M. COTTERMAN?'{r 554 SHED ROAD NEWVILLE, PA 17241-9765 :ri ?C W ?rn "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATIO N OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRU PTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ON LY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 554 SHED ROAD, NEWVILLE, PA 17241-9765 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $116,464.81 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. T 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 rl LEGAL DESCRIPTION ALL those three (3) tracts of land situate in situate in Lower Mifflin Township Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Township Road on Lot No. 11, which point is 75 feet from the corner of Lots No. 10 and 11; thence South 26 1/4 degrees East 121 feet to a point in the Township Road and Lot No. 13, now or formerly of Charles E. Ickes, et ux: thence in a southerly direction 63 1/4 degrees West 200 feet to an iron to the corner of lands now or formerly of John H. Clouse and Charles Ickes; thence in a northerly direction 26 1/4 degrees West 121 feet to an iron pin to the corner of lands of Lot No. 11 and the said John H. Clouse and wife; thence along the remaining portion of Lot NO. 11 now or formerly of Duane L. Rolar, et ux, North 63 1/4 degrees East 200 feet to the place of BEGINNING. BEING Lot No. 12 and the southern 25 feet of Lot No. 11 in the Plan of Lots as laid out by John H. Close, dated May 14, 1964. TRACT NO 2: BEGINNING at a point on the Township road and Lot No. 13; thence South 26 1/4 degrees East 30 feet to a point in the Township Road and Lot No. 14; thence in a southerly direction 63 1/4 degrees West 200 feet to an iron pin to the corner of lands now or formerly of John H. Clouse, et ux; thence in a northerly direction 26 1/4 degrees West 30 feet to an iron pin to the corner of Lot No. 13 and lands of John H. Clouse, et ux; thence along Lot No. 13 North 63 1/4 degrees East 200 feet to the place of BEGINNING. BEING the northern 30 feet of Lot No. 14 in the Plan of Lots laid out by John H. Clouse, dated May 14, 1964. TRACT NO. 3: BEGINNING at a point on a Township road 335 feet from the corner of land now or formerly of Charles L. Bear; thence in a northerly direction along said Township Road 85 feet and North 26 degrees 15 minutes West to a point in the Township Road; thence in a southwesterly direction 200 feet along a line South 63 degrees 40 minutes West to an iron pin; thence southerly 85 feet and South 26 degrees 15 minutes East to an iron pin; thence 200 feet along a line North 63 degrees 40 minutes East to the place of BEGINNING. Parcel # 15-04-0391-014 TITLE TO SAID PREMISES IS VESTED IN Zane L. Welch and Marjorie M. Cotterman, as joint tenants with right of survivorship and not as tenants in common, by Deed from Robert M. Leitzel, single person, dated 05/31/1996, recorded 05131/1996 in Book 140, Page 263. PREMISES BEING: 554 SHED ROAD, NEWVILLE, PA 17241-9765 PARCEL NO. 15-04-0391-01415000153 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-994 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC s/b/m to ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From ZANE L. WELCH and MAJORIE M. COTTERMAN (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 $116,464.81 L.L. $.50 Interest from 6/25/10 to Date of Sale ($19.14 per diem) -- $3,196.38 Atty's Comm % Due Prothy $2.00 Atty Paid $228.30 Other Costs Plaintiff Paid Date: 9/8/10 avid D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP, INC. Plaintiff COURT OF COMMON PLEAS , C=:; V. CIVIL DIVISION - 71 MCC ZANE L. WELCH No.: 10-994 CIVIL TERM= MAJORIE M. COTTERMAN Defendant(s) - ?? :3=? 4, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 , 1-7 F , _ COMMONWEALTH OF PENNSYLVANIA ) - 2 PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mail' g ( m 3817) and/or Cerff ed Mail Return Receipt stamped by the U.S. Postal Service s attache hereto Exhibit '"' Date: V ] L ence "I : Phelan, Esq,[d. No. 32227 ] is S. Hallinan, Esc(, Id. No. 62695 ] l G. Schmieg, Esq., Id. No. 62205 ] M. Bradford, Esq., Id. No. 69849 ] Ju ith T. Romano, Esq., Id. No. 58745 ] eetaI R. Shah-Jani, Esq., ld. 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 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 # 229247 W l4Z 9 t 39 { I ' WQti? U?row £otetao?a?z esZ??z tio?? Ot,'OZ tj? ? w Y S 8 ? o? Q N N "p d 'd ? w w ? A ° d t o ? '? N xxz UU -? caN.0, =p Zn;;? 0 04 [4 a r, in' ?a?g; p °aa o3 ?> c,»gLdZW V aV?'?AG ] 04 ° cr°.?- v? p? aai4? °' vv?O+? ZZO ?WdW?pp c°4 TsVO wUv c°e'? °?- > a,a+ E ?i' ^rn W OdE-gym aCLx>:6hZ ° ?o0aa 41?a eD4_ 0??+v? Ew0o t cc < 13.8 o 7s 05 4) 5? gZ L Q f' y? 3'+f/2i/1'fl? dOO l+ipf?Q ??i?i p p?`?Qp z FZ GU'`'-+V VGt0.;rZ'ir°?°rW r??GirN?+ W V NU VGL1a+d?D y Z * * i U .;E N v? d < O? N ? c3 N F Y N Nl w kA ?p h a n ?aF Z¢o i - £ O Lfi L 3000d?Z ?Od? 0311dW OLOZ 50 _AO s 95ZLLvj QZO "Ogg - h G7 L 'O v ¢ ¢ a. W u a a Zw ? o a°a y o w W A. O E-' F• a A z?00 z mz=' o ? z w 4 0- y?z0?3wQa¢. Q? 3 C Co 0 4?QwOQwZZ? CIS vvi3¢r .Q,Fwcn x°oZOwoFH- a??i? ?.? cq o?..DOa'c. Z Ur?i?UU3MVO. ,D E U it C? V1 'b z¢o :? n Q N N N a rM G d W E- G z d a a w Cq u_ U .a w 3 w z W a -I-I-I"oI-1-1-11 I--I L! I'-I'-i'- b A? u a o c T a _ O G ^_ N ? p N E- G W F ? m H eo b v ~ w E2 .a ? 5 0v Q O V O p -0o -- U d n w ? ? Qun o ? n o .y y o o m o 0 N N O A ? CO >. ? o v> a.E G 7 O o T O O C'? C .- c O V m ? V?7 c A y ? v F r? v v .a x rn O ? y F ? Fw n}-n' J w v a N U V Q 00 0. F q z> F-O w N `O T y p A N E ?J ? V F a. 2010 ? CITIMORTGAGE, INC. SB/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP, INC. . Plaintiff CIVIL DIVISION V. NO. 10-994 CIVIL TERM ZANE L. WELCH CUMBERLAND COUNTY MAJORIE M. COTTERMAN Defendant(s) PHS # 229247 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/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 554 SHED ROAD, NEWVILLE, PA 17241-9765. Name and address of Owner(s) or reputed Owner(s): Name ZANE L. WELCH 2. 4. 5. MAJORIE M. COTTERMAN Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 554 SHED ROAD NEWVILLE, PA 17241-9765 554 SHED ROAD NEWVILLE, PA 17241-9765 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FARMERS AND MERCHANTS TRUST 20 SOUTH MAIN STREET COMPANY OF CHAMBERSBURG CHAMBERSBURG, PA 17201 CHASE BANK USA, NA 3700 WISEMAN BOULEVARD SAN ANTONIO, TX 78251 CHASE BANK USA, NA 436 SEVENTH AVENUE, SUITE 1400 C/O JAMES C. WARMBRODT, ESQUIRE PITTSBURGH, PA 15219 WELTMAN, WEINBERG & REIS, CO., LPA Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 554 SHED ROAD NEWVILLE, PA 17241-9765 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6T" FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatip.4 to authorities. By: Attorn y mtiff Phela Ha linen &-'Rhmieg, LLP ? La r! a 7'. Phelan, Esq., Id. No. 32227 ? Fra is . Hallinan, Esq., Id. No. 62695 ? Danie G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 PISheetal 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