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HomeMy WebLinkAbout10-1132Phelan 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 L ren R. Tabas, Esq., Id. No. 93337 ivek 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 229613 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE; MS1011 FREDERICK, MD 21703 Plaintiff V. FILED-'S-PC'E "F' Trl- ZD i 0 FEB 11 A."I I I: O L4 CL's - l ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION I TERM 041 NO. /6 - //3a MEHDI T. ATAR CUMBERLAND COUNTY JODI L. ATAR 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 Defendants 10 File #: 229613 -ft 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 (7,k,7);,2,49-,3I66 (800) 9909108 File #: 229613 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MEHDI T. ATAR JODI L. ATAR 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/13/2006 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. 1941, Page 740. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 229613 6. The following amounts are due on the mortgage: Principal Balance $235,015.31 Interest $24,816.48 05/01/2008 through 02/15/2010 (Per Diem $37.83) Attorney's Fees $650.00 Cumulative Late Charges $0.00 02/13/2006 to 02/15/2010 Property Inspections $230.00 Mortgage Insurance Premium / $375.09 Private Mortgage Insurance Costs of Suit and Title Search $550-04 Subtotal $261,636.88 Escrow Credit $0.00 Deficit $6,261.42 Subtotal $6,9,61-42 TOTAL $267,898.30 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in nersr onam 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 File #: 229613 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $267,898.30, together with interest from 02/15/2010 at the rate of $37.83 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. PHELANXAOLViAN & SCHMIEG, LLP By Lavux` c 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 al R. Shah-Jani, Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 n R. Tabas, Esq., Id. No. 93337 /:] sq., Id. No. 202331 Srivastava, E ? 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 #: 229613 LEGAL DESCRIPTION ALL that certain lot of ground situated in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 34 on the Plan of Lots of Section 'A' of White Rock Acres dated October 9, 1968, and recorded in the Office of the Recorder of Deeds in Cumberland County on October 30, 1968, in Plan Book 20, at page 40, and more fully described as follows: BEGINNING at a point on the southern line of Swope Drive (40 feet wide) at the dividing line between Lots Nos. 33 and 34 on said plan; thence by the western line of Lot No. 33 South 16 degrees 50 minutes East 249.65 feet to a point; thence by other lands now or formerly of Penn Products Corporation South 69 degrees 15 mint t? West 134.35 feet to a point; thence by same North 41 degrees 02 minutes West 236.08 feet to a point on the southern line of Swope Drive; thence by the southern line of Swope Drive the following three courses and distances: (1) North 48 degrees 58 minutes East 100.74 feet; (2) By a curve to the right having a radius of 25 feet the arc distance of 10.56 feet, the chord length of 10.48 feet and the chord bearing of North 61 degrees 04 minutes East to a point; (3) North 73 degrees 10 minutes East a distance of 128.68 feet to the place of Beginning. UNDER AND SUBJECT to the building lines, covenants, restrictions, and reservations as recorded with said Plan of Lots. i. EXCEPTING AND RESERVING unto Penn Products Corporation, its successors and assigns, all minerals, clays and sand beneath the surface of the ground. BEING the same premises which Penn Products Corporation, by its Deed dated November 19, 1969 and recorded November 21, 1969 in the Office of the Recorder of Deeds, in and for File #: 229613 Cumberland County, Pennsylvania in Deed Book'L', Volume 23, Page 795 granted and conveyed ,,, unto William J. August and Mary Louise K. August, his wife. The said Mary Louise K. August died on June 12, 1988 and, by operation of law, title to said premises vested solely in William J. August, Grantor herein. The said William J. August subsequently married Constance S. August who joins in this conveyance for the purpose of conveying all of her rights, title and interest in said premises. Parcel 23-33-0041-033 PROPERTY BEING; 1359 SWOPE DRIVE File #: 229613 4 W 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 t is statemnnt is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsificaYbn's` DATE: )4 1. File #: 229613 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Lu 10 F? L i 2` r'", C2 3 Edward L Schorpp Solicitors ct;, : a ,r Citimortgage Inc vs. Mehdi T. Atar Case Number 2010-1132 SHERIFF'S RETURN OF SERVICE 02/18/2010 07:59 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 18 2010 at 1959 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mehdi T. Atar, by making known unto himself personally, at 2260 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/18/2010 07:59 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 18 2010 at 1959 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jodi L. Atar, by making known unto Mehdi T. Atar, Husband of defendant at 2260 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/19/2010 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: Jodi L. Atar, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jodi L. Atar. Request for service at 1359 Swope Drive, Boiling Springs, PA 17007 is vacant. Jodi L. Atar currently resides at 2260 Waggoners Gap Road, Carlisle, PA 17013. 02/19/2010 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: Mehdi T. Atar, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Mehdi T. Atar. Request for service at 1359 Swope Drive, Boiling Springs, PA 17007 is vacant. Mehdi T. Atar currently resides at 2260 Waggoners Gap Road, Carlisle, PA 17013. SHERIFF COST: $96.80 SO ANSWERS, February 19, 2010 O Y R ANDERSON, SHERIFF 13y i' `??`'? Deput heriff fC;, Co .`;Suite She-, Te,nas•^.ft. tnc. 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 MEHDI T. ATAR JODI L. ATAR Defendant(s) NO. CIVIL-10-1132 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/25/2010 to Date of Sale ($44.27 per diem) TO~ ~a~:oo Pp A7N q~O.Bo Cr3F 9a.oo ~. d. gp ~, ~o1al~.3o - Po Airy v -~~ $269,298.01 ~ °„ s z 7 437 36 ~ ~ . ~ t- ~ r , , `. ' tJ' ?_ ~~~ ..c. ~ -~, '=~ ~7. L.-~' ~' ~- -YF~ $276 735.37 Tom' ~.. ~;7' , ~ ~ _~ C Atto y for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Slreetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jet~ine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay a: Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^~ drew 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 Note: Please attach description of property. PHS # 229613 $a.oo Due Co • so u, ~~,-~R31o1 ~ R,~'a~8R3 2E V O W d F a O ~ O w o~ ~ z w~ ~ w~ O oa F p~ U p~ w ~ d ~ ~ p ~ U a ' a W ~~ ~ ~ U U > O U G~ ~ O o H ~ w a ~ b ~ H~~ O ~ w Wo ~ A ~~ ~a ~ O ~ ~' ti w w ~ AQ A ;° ~~ ~~ 0 0 ~ Q oMO ¢ oMo ~ C7 c%i C7 c%i ~ ~~ ~~ ° ~o ~o rr~~WW~ .~ ¢~ua Hew N ~3~ a3~ a~~.~ ,a~~ b ~~-1NQ q`o°¢ Q Z N U ~ N U v~ ~I 0 N ~ ~ O ~V O~ ~ N ~ Q o0 ~ ~ `_' M ~ ~ ~ ~ 00 M~ \O p 00 O M N ~~ ~ Z O~ O cL,z o oz oZo~o~N~~o 0 ob c oZ ~ Zzv~'zti o d °~ ozz ~zz a~v~'v~' ~ '~ZZZooZb.tyW.bv~' .. ~~ '~ w °" °' w ~ w ~ ~ ~; z ~" ~ ~: ~ w ~, ~ w ~ ~ ~ww ~wwW'~wx ~ a ~.~ a~ o~, ~ ~w a~~ ~~ A '~~a~~~~c~ ¢w^^^~~^C]^^^0^ ^~^^ WRIT OF EXECUTION and/or ATTACHMENT COMMON WEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1132 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 MEHDI T. ATAR and JODI L. ATAR (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 $269,298.01 L.L. $.50 Interest from 3/25/10 to Date of Sale ($44.27 per diem) -- $7,437.36 Atty's Comm % Due Prothy $2.00 Atty Paid $229.30 Other Costs Plaintiff Paid Date: 4/5/10 David D. Buel ,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, 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. 90134 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. MEHDI T. ATAR JODI L. ATAR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-10-1132 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage (X) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~~ By: ~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq„ Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay .Jones, Esq., Id. No. 86657 ^ P ter 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 CITIMO~kTGAGE, INC. S/B/M TO ABN AMRO MOI~~~AGE GROUP, INC. Plaintiff v. MEHDI T. ATAR JODI L. ATAR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-10-1132 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following informa~n co~rning;the real property located at 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611. ~,-,. c , nL ~ ~ ~'~ 1. Name and address of Owner(s) or reputed Owner(s): n~ s ~., ro Name Address (if address cannot be reasonably ~;; - ~ ~.~ ~ ~ ~ ~ ~ ascertained, please so indicate) G ; = '~' ~ ~~ MEHDI T. ATAR 2260 WAGGONERS GAP ROAD 3 CARLISLE, PA 17013-8307 =' Cyr -`-°-~ L_i ~ :~ JODI L. ATAR 2260 WAGGONERS GAP ROAD ~~ CARLISLE, PA 17013-8307 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) Monroe Township Municipal Authority 1220 Boiling Spring Road Mechanicsburg, PA 17055 Monroe Township Municipal Authority One W. Main Street C/o: Jennifer B. Hipp, Esquire Shiremanstown, PA 17011-6371 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA White Rock Acres White Rock Acres Civic Association White Rock Acres Real Estate, Inc. 1359 SWOPE DRIVE BOILING SPRINGS, PA 17007-9611 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 1369 Swope Drive Boiling Springs, PA 17007-9611 RR 1 Boiling Springs, PA 17007 RR 2 Boiling Springs, PA 17007 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 31.2010 Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ~ P ter 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 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. , CIVIL DIVISION Plaintiff NO. CIVIL-10-1132 vs. CUMBERLAND COUNTY MEHDI T. ATAR JODI L. ATAR ~~'- Defendant(s) -4~ ~~;., ~ ^` tai r'f? ~; - 'j NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ..n f ~ csz ~~ ~-- - ; T. TO: MEHDI T. ATAR JODI L. ATAR ~-''~ J 2260 WAGGONERS GAP ROAD 2260 WAGGONERS GAP R(~' ~: ' ~~ Y~ .CARLISLE, PA 17013-8307 CARLISLE, PA 17013-8307 :~ _ ; ,~ , .. _, :~ ; y * *THIS FIItM 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 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611, is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $269,298.01 obtained by CITIMORTGAGE, INC. S/B/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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs: and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-10-1132 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. MEHDI T. ATAR JODI L. ATAR owner(s) of property situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1359 SWOPE DRIVE, BOILING SPRINGS. PA 17007-9611 Parcel No. 23-33-0041-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $269,298.01 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground situated in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 34 on the Plan of Lots of Section'A' of White Rock Acres dated October 9, 1968, and recorded in the Office of the Recorder of Deeds in Cumberland County on October 30, 1968, in Plan Book 20, at page 40, and more fully described as follows: BEGINNING at a point on the southern line of Swope Drive (40 feet wide) at the dividing line between Lots Nos. 33 and 34 on said plan; thence by the western line of Lot No. 33 South 16 degrees 50 minutes East 249.65 feet to a point; thence by other lands now or formerly of Penn Products Corporation South 69 degrees 15 minutes West 134.35 feet to a point; thence by same North 41 degrees 02 minutes West 236.08 feet to a point on the southern line of Swope Drive; thence by the southern line of Swope Drive the following three courses and distances: (1) North 48 degrees 58 minutes East 100.74 feet; (2) By a curve to the right having a radius of 25 feet the arc distance of 10.56 feet, the chord length of 10.48 feet and the chord bearing of North 61 degrees 04 minutes East to a point; (3) North 73 degrees 10 minutes East a distance of 128.68 feet to the place of BEGINNING. UNDER AND SUBJECT to the building lines, covenants, restrictions, and reservations as recorded with said Plan of Lots. EXCEPTING AND RESERVING unto Penn Products Corporation, its successors and assigns, all minerals, clays and sand beneath the surface of the ground. TITLE TO SAID PREMISES IS VESTED IN Mehdi T. Atar and Jodi L. Atar, his wife, by Deed from William J. August, married man and Constance S. August, his wife, dated 05/31/2001, recorded 06/04/2001 in Book 246, Page 56. PREMISES BEING: 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611 PARCEL N0.23-33-0041-033 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 229613 DEFENDANT SERVICE TEAM/ ijn MEHDI T. ATAR JODI L. ATAR COURT NO.: CIVIL-10-1132 SERVE MEHDI T. ATAR AT: TYPE OF ACTION 2260 WAGGONERS GAP ROAD XX Notice of Sheriff s Sale CARLISLE, PA 17013-8307 SALE DATE: 09/08/2010 SERVED Served and made known to M E1}DI T A-TA~K Defendant on the7sl~day of t+- 201D ' ' , , ~: 00, o clock p M., at '226a ~l!„e{--(TGoNEQS ~-~}p j2pq~D, in the manner described below: -Defendant personally served. ~L. IS l.Z t P~ ~, / Adult family member with whom Defendant( m ~ ~ id "-~ s) res e(s). Relationship is ~ GI}-T~J2 ~. =-~;' -,E cn ~-.. .~ Adult in char e of Defendant s residence who refused to ive name or relationshi tU g g _ p M /Cl ; ._ anager erk of place of lodging in which Defendant(s) reside(s). ~ ~' ' A ent o i ' ~~ g r person - n charge of Defendant s office or usual place of business. ~ ~) an officer f id D f ' ~ = o sa e endant s company. ~ Other: ~~ ~ ~,. Description: Age 2Q s Height ~tl ~~ Weight 70 Race ~ Sex ~ Other ~~ b ~- I> a c - , ompetent 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 ma nner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc bed before me this ~ day KIMBERLY CURTY of t C , 20L. NOTARY PUBLIC Nota . ~ ~ •STATE OF NEW JERSEY 2013 B / COMMISSION EXPIRES MARCH y' 7; NOT SERVED On the -day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed before me this day of , L'~- By: Notary: ~' ATTORNEY FOR PLAINTIFF' lawrence T. Phelan, Esy., Id. No. 32227 Francis S. HalBnan, Esy., Id. No. 62695 Daniel G. Schmicg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No.69849 Judith T. Romano, Esq., Id. No. 58745 SheeWl R Shah-Jani, Esq., Id. No. 81760 Jeninc R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Fsq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Fsq., Id. No. 86657 Rtcr J. Mulcahy, Fsq., Id. Nn. 61791 Andrew L Spivack, Fsq., W. No. 84439 Jaime McGuinmss, Fsq., Id. No. 90134 Chrisovalanlc P. Fliakas, Fsq., Id. No.94620 .fushua 1. Goldman, Esq., Id. Nu. 205047 Courtenay R. Dunn, Fsq., Id. No. 206779 Andrew C. Brambkxl, Esy., Id. No. 208375 It6j7 Juhn F~Kenntdy Blvd.a Suite 1400 PhiFadclphia, PA 19103-1814 (215)563-718N) AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 229613 DEFENDANT SERVICE TEAM/ iin MEHDI T. ATAR JODI L. ATAR COURT NO.: CIVIL-10-1132 SERVE JODI L. ATAR AT: 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/08/2010 SERVED Served and made known to ~ODI ~ • ~Ta R ,Defendant on the day of Q (L , 20 (O , at oa, o'clock ~ M., at W s 1Q®~ , in the manner described below: ~7 ,'~.."~~ Defendant personally served. ell-iSt,~, ~ C ~, 1/ Adult family member with whom Defendant(s) reside(s). M ~ Relationship is uGH .fyQ ~'~'~ -~ C"` _ 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). ~ C Agent or person in charge of Defendant's office or usual place of business. ~<'' ~ an officer of said Defendant's company. ~'~ ~ Other: . O Description: Age p~ Height 11 t~ Weight 17D Race I~IJ Sex ~ Other ~ I, _ ~'~~D'a~c-17 (v[O LC- , 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. ~- --•~ r~r- .~; µ -"'3a Sworn to and subscribed before me this ?A~ day KIMBERLY CURTY of I ~- , 20 1D. NOTARY PU9L3C . _ ~ ~ ~~ ~~~/_ STATE OF NEW ,ERSEY Not By. ~~iI//J OMMISS[ON~EXPIRES MARCH 7, lOt3 NOT SERVED On the , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address Moved No Answer Service Refused Other: Sworn to and subscribed before me this day of ~- . Notary: r By: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalOnan, Esq., Id. Nu 62695 Daniel C. Schmieg, Esq., Id. No. 62205 Michele M. Bmdlord, Esy., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shcetal R. Shah-Jani, Esq., Id. Nu 8]760 Jrnine R. Davey, F.sq., 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, Fsq., Id. No. 61791 Andrew 1.. Spivack, Esq., W. No. 54439 Jaime McGuinness, Fsy., Id. Nu 90134 Chrisovalanle P. FBakos, Esq., Id. No. 94620 Joshua 1. Coklmaq Fsq., Id. Nu 205047 Courlcnay R. Dunn, Esq., Id. No. 206779 Andrew C. BramblMt, Fsq., Id. No. 208375 One Prnn Center al Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 ` .i ~ `~ V1 ~ J JUL 7 4 2010 ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division v. CUMBERLAND County MEHDI T. ATAR No. CIVIL-10-1132 JODI L. ATAR Defendants 1~ RULE AND NOW, this l`{~ day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. c/ Rule Returnable on the ~ v~ day of ~ 2010, at ~ / S. in ti~Ivfain /~o . 5 Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY TH COURT J. / Y ~~ ~ n e 2. 1Ja~vC y ~ S~ ~ -., ~ ,, N ~ ~ ~ _.~ _.l --~ ~- ~-~ o ,~= , ` ~ ~. ~~ f - ~ L o t ~ :-~ W 2 _.,.. 13:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. MEHDI T. ATAR JODI L. ATAR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS t~ 'V c- CIVIL DIVISION ,~.~ {;_ g~~ ~; C..... - ~._.. No. CIVIL-10-1132 =- ~ ~~„ ~ ~~- AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~~ ~ y '- .. COMMONWEALTH OF PENNSYLVANIA ) ° '~=' PHILADELPHIA COUNTY ) SS: •~: -n .~ Tt As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 381'n and/or Ce ' 'ed~Vi~Return Receipt stamped by the U.S. Postal Service is attached hereto it "A". Lawrence T. P sq., 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 Bsq:; Id. No. 86657 ^ Pe ulcahy, 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 for Plaintiff Date: ~] 12 ~ ~ l c.~ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a_ r~resentative of the ulaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 229613 Q' C 'D N Y 'ao ~ N ~~ U ~ ac ~3 '~ ~ a m c~ :i ~~ ~~~~ a`O~a I\ h 'b zao w ~~. ~1 A,9 ~ ~ ~ ~~ 0 b woa~ u~oo ' ~ 'r ~ ~ ~ ~ ~ a t Harz EO~B~ ~a° eszt~z ~ zo . dy . ' r+ , atia~~~ ~ ~~~. . ~~ ,~ s . gs~~s . ~ . , . ~ .~ ~ n M w'g°• ~ ~• ~ a .~ $ ~ ~~ ~ ~ ~ ~ ~~•~~~ a ~ ~ M ' ~ w E ~ .. O c .. ~ o u .~ o ,~ 0 0 '~ ~ ~ b" ~~' . ~ s+ ~ .~ ~ ~ b A ~ ~~ ~ ~~ ~ 0~ a 4` ~~~ ~ ~C yyvv ~ ~W ~ ' O ~ ~ N W W ~... ~~ ~ . ~ ww ~ ~ ~ pp~v~ P.~ ., ~ G ~ 4 f7 4r Y l'. ~jCi n° o >o °a ." ~ ~ ° ya ~Hqpp~ ~N~~O ~ iw in rl O ~ ~ QI [~ '°~ ~~4 ~~ qw ~ '" S ~~~ '~ ~'~Q" ~ o ~ a ~ ~ e ~a ~at o ~ ~ g,~YA'' ° g .Z ~ u 'C ~ a g ~ a e ~ a, '~ o~a °•!b b., VW a~4a Y ~ lip, ~ d ~~ ~A 40' a zy~ ~ ax~ ~ ~ ~~~ ~ ~~~~ ~~a~ ~o a ~~a ~ ~ ~ ~... ~N. . , +i~ i~ J ~''C~O S S ~ ~ e , rr~I .,paC faGt ; '`, ~* ~~ ~ * t * ` ~ ~~ a ~"~ N M ~ Vf ~ O l ~ 0 0 O~ ~ ~ ~ 7 z -~` ~ s r t ZOIQ ~,LG -3 ~'~~ ~~ ~~j Avbr 3 Pert H : os :.~; 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 AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division v. CUMBERLAND County MEHDI T. ATAR No. CIVIL-10-1132 JODI L. ATAR Defendants CERTIFICATION OF SERVICE 229613 sf~ x I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 10, 2010 was sent to the following individual on the date indicated below. MEHDI T. ATAR JODI L. ATAR 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 MEHDI T. ATAR JODI L. ATAR 1359 SWOPE DRIVE BOILING SPRINGS, PA 17007-9611 Phelan Hallinan & Schmieg, LLP 11 p DATE: ~IZ ~~ ~ By: ~CJ'~.`AiJ'~ ^ 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 229613 ro IN THE COURT' aF CUMMON YPLEAS CUMBERLAND COUNTY, PENNSYLVAMA CITIM©RTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division v, _' MEHDI T. ATAR CUMBERLAND County JODI L. ATAR Defendants . No. CIVIL-1'0-1132 ORDER AND NOW, this /~ da o ,~~ 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff. is ORDERED to amend the writ none pro tune in this. ease as follows: Principal Balance Interest Through September 8, 2010 Per Diem $37.83 .Late Charges LegaLfees ` Cosh of Suit and Title Sheriffs ~a1e Costs Property Inspections/ Property Preservatit~n AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Suffieien~ Funds Charge Susnense/Misc. Credits David D. Buell Prothonotary Cumberland County ~Q-tl3a Suite 100 One Courthouse Square ~~ r ~ - Carlisle, PA 17013 (.`~F= TF " ". , T ''. ~o,o Aug to yµ~ io:yy L,~r ~n ~;:.1E,~it. r^ i Vl.:, ~; i. ~ Mehdi T. Atar ~ Jodi L. Atar 1359 Swope Dr. Boiling Spr +~s Lei ~ f~~~~~~~~'3Z3 $235,015:31 $32,~81.~9 $0.00 $1,325.00 $920.00 _. $OAO $2,614.00 $0.00 $2,750.66 $0.00 ($0.00) . ~~s~r~ rir~~i. ~~ a U2 ,A s oa 0004631598 AUG 1( = MAILED FROM Z~CODE NIXIE 176 DE i 00 08!17 RETURN TO SENDER NOT DELIYERAHLE AS ADDRESSED UNABLE TO FORWARD 6C: i70139823~'3 *0419-068fl3-10 1,,,lll,,,t!l~,,,,,l1,-l1,,,li,,,11,,,1,1„11„-1~1,1,l,11„,! SHERIFF'S OFFICE OF CUMBERLAND COU14TY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?o??ttitr ?i ?uirrGrr??rr 4 -1F?: F -I- F. --rFtFF T( FILEOFFICE Lit QT>i?y tGrQC1 j l2 AH10: L- COW41TY Citimortgage Inc vs. Mehdi T. Atar (et al.) Case Number 2010-1132 SHERIFF'S RETURN OF SERVICE 06/21/2010 08:08 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 2008 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: Mehdi T. Atar, by making known unto, Rachel Atar, daughter of defendant, at, 2260 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/2112010 08:08 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 2008 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: Jodi L. Atar, by making known unto, Rachel Atar, daughter of defendant, at, 2260 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2010 06:59 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 06/30/10 at 1855 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 Mehdi T. Atar and Jodi L. Atar, located at, 1359 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania according to law. 09/08/2010 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 9/8/10 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, McLean, VA 22102 , being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 789.63 SHERIFF COST: $789.63 October 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF .00 Pd. ot?& . a.vD f?t. co, . 6-U LL p,,( . 4-* 7e53-1) 11?m -)y9g95?- (ej C0unfy6oite BMeriff_ 7elraoceoft. Inc. CITIMORTGAGE, I C. SdBIM TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff ' V. MEHDI T. ATAR JODI L. ATAR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-10-1132 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MEHDI T. ATAR JODI L. ATAR 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 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) None. 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) Monroe Township Municipal Authority 1220 Boiling Spring Road Mechanicsburg, PA 17055 Monroe Township Municipal Authority One W. Main Street C/o: Jennifer B. Hipp, Esquire Shiremanstown, PA 17011-6371 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA White Rock Acres White Rock Acres Civic Association White Rock Acres Real Estate, Inc. 1359 SWOPE DRIVE BOILING SPRINGS, PA 17007-9611 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 1369 Swope Drive Boiling Springs, PA 17007-9611 RR 1 Boiling Springs, PA 17007 RR 2 Boiling Springs, PA 17007 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 31, 2010 By: C/' I -[ ???t?D??? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? P ter J. Mulcahy, Esq., Id. No. 61791 ? drew L. Spivack, Esq., Id. No. 84439 JJaime 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 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff : : NO. CIVIL-10-1132 VS. MEHDI T. ATAR JODI L. ATAR : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MEHDI T. ATAR JODI L. ATAR 2260 WAGGONERS GAP ROAD 2260 WAGGONERS GAP ROAD CARLISLE, PA 17013-8307 CARLISLE, PA 17013-8307 **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 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611. is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $269,298.01 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-10-1132 CITIMORTGAGE, INC. S/BJM TO ABN AMRO MORTGAGE GROUP, INC. vs MEHDI T. ATAR JODI L. ATAR owner(s) of property situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611 Parcel No. 23-33-0041-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $269,298.01 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground situated in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 34 on the Plan of Lots of Section'A' of White Rock Acres dated October 9, 1968, and recorded in the Office of the Recorder of Deeds in Cumberland County on October 30, 1968, in Plan Book 20, at page 40, and more fully described as follows: BEGINNING at a point on the southern line of Swope Drive (40 feet wide) at the dividing line between Lots Nos. 33 and 34 on said plan; thence by the western line of Lot No. 33 South 16 degrees 50 minutes East 249.65 feet to a point; thence by other lands now or formerly of Penn Products Corporation South 69 degrees 15 minutes West 134.35 feet to a point; thence by same North 41 degrees 02 minutes West 236.08 feet to a point on the southern line of Swope Drive; thence by the southern line of Swope Drive the following three courses and distances: (1) North 48 degrees 58 minutes East 100.74 feet; (2) By a curve to the right having a radius of 25 feet the arc distance of 10.56 feet, the chord length of 10.48 feet and the chord bearing of North 61 degrees 04 minutes East to a point; (3) North 73 degrees 10 minutes East a distance of 128.68 feet to the place of BEGINNING. UNDER AND SUBJECT to the building lines, covenants, restrictions, and reservations as recorded with said Plan of Lots. EXCEPTING AND RESERVING unto Penn Products Corporation, its successors and assigns, all minerals, clays and sand beneath the surface of the ground. TITLE TO SAID PREMISES IS VESTED IN Mehdi T. Atar and Jodi L. Atar, his wife, by Deed from William J. August, married man and Constance S. August, his wife, dated 05/31/2001, recorded 06/04/2001 in Book 246, Page 56. PREMISES BEING: 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611 PARCEL NO. 23-33-0041-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1132 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 to ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From MEHDI T. ATAR and JODI L. ATAR (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 $269,298.01 L.L. $.50 Interest from 3/25/10 to Date of Sale ($44.27 per diem) -- $7,437.36 Atty's Comm % Atty Paid $229.30 Plaintiff Paid Date: 4/5/10 Due Prothy $2.00 Other Costs 1-41 David D. Buel Prothonotary By: (Seal) Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, 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. 90134 60 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 1359 Swope Drive, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 B: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2010-1132 civil Citimortgage Inc. vs. Mehdi T. Atar Jodi L. Ater Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL-10-1132, CITIMORT- GAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. MEH- DI T. ATAR, JODI L. ATAR owners of property situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being 1359 SWOPE DRIVE, BOILING SPRINGS, PA 17007-9611. Parcel No. 23-33-0041-033. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $269,298- .01. r-- L' a Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Can"$" Expire= Apo 26, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 306 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c?he patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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: Writ No. 2010-1132 Civil Term 07109110 Cttimortgage Inc Vs 07/16/10 MehdlT. Atar 07123/10 Jodi L. Atar Atty. Daniel schmieg ' By virtue of a writ of Execution NO. CIVIL- ..... ................... 1b-1132 CITIMORTGAGE, INC. SB/M TO ABN AMRGMORTGAGE GROUP, INC. Sworn to ano subscribed before me this 95 day, of August, 2010 A. D. VS. MEHDI T. ATAR JODI L. ATAR owner(s) of property situate in MONROE `. !. ._. '- -- _ TOWNSHIP,CumberlandCoumy,Pennsylvania, Notary Public being (Municipality) BOW G SPRINGS, PA 1359 SWOPEDRNE COMMONWEALTH OF PENNSYLVANIA , 17007-9611 ' _l , Notarial .rseal Sherrie L Kisner I Notary Public Pazcel No. 23 33 0041-033 (Acreage or street address) L , ewer Paxton Twp., Dauphin County i MY Commission Expires NOV 26 2Oti improvements thereon: RESIDENTIA . ? _ , Member, ?ennsyivania Association of Notaries DWELLING JUDGMENT AMOUNT: $269,298.01 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 Mta Corp is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 5th day of April, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 1132, at the suit of Mehdi T & Jodi L Atar against Federal Home Loan Mtg Corp is duly recorded as Instrument Number 201028998. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this > ?n1 day of A.D. _sz?1(?L ?, of Deeds !N X14