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HomeMy WebLinkAbout10-13431 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 231117 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff STILES M. GAFFNEY 929 SUSAN CIRCLE ENOLA, PA 17025-1831 Defendant rv , 2010 Fi_3 girl Cl k ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - OV2 Cu?(,cirLn CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S 19.2.0o CL 4a? CK*?' 91S'75S File #: 231117 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 #: 231117 Plaintiff is CITIMORTGAGE, INC. S/B/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: STILES M. GAFFNEY 929 SUSAN CIRCLE ENOLA, PA 17025-1831 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/15/2007 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. 1986, Page 638. 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 11/01/2009 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 #: 231117 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2009 through 02/23/2010 (Per Diem $27.26)`:' Attorney's Fees Cumulative Late Charges 03/15/2007 to 02/23/2010 Property Inspections Costs of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL 7 8. $27.00 550.00 $158,465.49 $0.00 $1,360.78 $1,360.78 $159,826.27 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, cif 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 i"i rf>i F? I'a J iq by the Pennsylvania Housing Finance Agency. $153,057.29 $3,979.96 $650.00 $201.24 File #: 231117 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $159,826.27, together with interest from 02/23/2010 at the rate of $27.26 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. & SCHMIEG, LLP BX.,. k U/ t, ? Lawrence ,. helan, 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 ? Judi T. Romano, Esq., Id. No. 58745 ? Sh t I R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 231117 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND, IN East PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA;tOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE Northern LINE OF THE CUL DE SAC OF SUSAN CIRCLE AND THE LINE OF ADJOINER BETWEEN Lots 36 AND 37 ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE ALONG SAID CUL DE SAC MEASURED IN A Southwesterly DIRECTION ON A CURVE TO THE LEFT, HAVING A RADIUS OF FIFTY FEET AND AN ARC DISTANCE OF FIFTY FEET TO A POINT ON THE EXTREME Northeastern CORNER OF Lot NO. 35 ON SAID Plan; THENCE North 85 DEGREES 8 MINUTES West ALONG THE LINE OF ADJOINER BETWEEN Lots 35 AND 36 ON THE SAID Plan A DISTANCE OF 123.84 FEET TO A POINT ON THE Eastern LINE OF LANDS NOW OR LATE OF MAYNARD SHEAFFER; THENCE North 5 DEGREES 14 MINUTES West ALONG SAID Eastern LINE OF LANDS A DISTANCE OF 37.51 FEET TO A POINT; THEN[[ CE CONTINUING ALONG SAME, North 8 DEGREES 13 MINUTES East A DISTANCE OF 94.59'FEET TO A POINT; THENCE North 84 DEGREES 46 MINUTES East A DISTANCE OF 82.54 FEET TO A POINT ON THE Northwestern CORNER OF Lot 37 ON SAID Plan; THENCE South 27 DEGREES 50 MINUTES East ALONG THE LINE OF ADJOINER BETWEEN Lots 36 AND 37 ON SAID Plan A DISTANCE OF 123.29 FEET, TO THE PLACE OF BEGINNING. BEING Lot NO. 36 ON Plan NO.3 SECTION C OF PENN HEIGHTS AS RECORDED IN CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN Plan BOOK 20, PAGE 48. PROPERTY ADDRESS: 929 SUSAN CIRCLE, ENOLA, PA 17025-1831 PARCEL # 09-14-0836-052, File #: 231117 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't4,Wdic ta:;: DATE: File #: 231117 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson "~~f;~ Sheriff ~ r~ ~t~v ~~t~`~tt, 4t ~utu£~rryJ~~~ '~ ~"~~ ~s"ov~~~~V~tif'.T Jody S Smith Chief Deputy ` " Z~ (Q ~;;~ ~ 9 ~~ ~ ~ ~i Edward L Schorpp SOiICIfOr aFf ~ c ~;, -.: : F~;~~- ~~~ ~ , :z ,~ V~_,,.~.-~.~~_ _ ~ ~~V3 t' i i' i I ~ ;'; :. Citimortgage Inc vs. Case Number Stiles M. Gaffney 2010-1343 SHERIFF'S RETURN OF SERVICE 03/16/2010 07:09 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2010 at 1909 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stiles M. Gaffney, by making known unto himself personally, at 929 Susan Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. A DA COBAUGH, DEP SHERIFF COST: $41.50 March 18, 2010 SO ANSWERS, ~/ ~ ""` RON R ANDERSON, SHERIFF Loi GauntySuile 5t"rntfi. Teiecsoft. Irc. r 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 !~ c ; .-_ Chrisovalante P. Fliakos, Esq., Id. No. 94620 .~ , c~, ~ Joshua I. Goldman, Esq., Id. No. 205047 _~ -,:, _.~. -n j "~ Courtenay R. Dunn, Esq., Id. No. 206779 "; ~.~ :~ :-~ ,~~ Andrew C. Bramblett, Esq., Id. No. 208375 q=,_ ~ ^' ?~!; 1617 JFK Boulevard, Suite 1400 `° ' ; One Penn Center Plaza ~; ~ r~~'~ Philadelphia, PA 19103 ~ ,~.. ~.: 215-563-7000 `~"" `` CITIMORTGAGE, INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. vs. STILES M. GAFFNEY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1343-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STILES M. GAFFNEY, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 2.0 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: 8"ly-~ G ~ ~ ~~ 9~6~tr~e M~,~e~ As set forth in Complaint $159,826.27 Interest - 02/24/2010 to 04/21/2010 $1,553.82 TOTAL $161,380.09 I hereby certify that (1) the Defendant's last known address is 929 SU CIRCLE, ENOLA, PA 17025-1831, and (2) that notice has been given in acco da c ith Rule 237.1, copy attached. Lawrence 'I~-13helan, 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: y "a~` /U ~ ,/1~ Pxs a z3i i» 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 Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. STILES M. GAFFNEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1343-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 STILES M. GAFFNEY is over 18 years of age and resides at 929 SUSAN CIRCLE, ENOLA, PA 17025-1831. This statement is made subject to the penaltie~j~f 18~Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~'' U Lawrence 1~~helan, 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 ^ Jud' T. Romano, Esq., Id. No. 58745 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Ici. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. STILES M. GAFFNEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1343-CIVIL 'TERM Notice is given that a Judgment in the above captioned matter has been entered against you on y " ~ `~ " ~ U 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 ^ Micl~e M. Bradford, Esq., Id. No. 69849 ^ Ju~Ith T. Romano, Esq., Id. No. 58745 ^ S eetal R. Shah-Jani, Esq., Id.. No. 81760 ^ enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. Na. 202331 ^ Jay B. Jones, Esq., Id. No. 86ti57 ^ 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., Ici. 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 YOU HAVE PREVIOUSL ]'RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGA.iNST PROPERTY. ** CITIMORTGAGE, INC. S/B/M '1'O ABN ANIRO MORTGAGE GROUP, INC. v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-1343-CIVIL TERM STILES M. GAFFNEY Defendant(s) TO: STILES M. GAFFNEY 929 SUSAN CIRCLE ENOLA, PA 17025-1831 DATE OF NOTICE: Apri16, 2010 CUMBERLAND COUI\fTY 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 WII,L 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. IlVIPORTANT NOTICE 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 BE'sLOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. PHS # 2311 17 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICI=? 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Id.~lo. 32227 >+ranci S. allinan, Es , Id. No. ti2695 Dani G. hmieg, ., Id. No. 62205 Michele M. rd, 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. 20:2331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61'791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ~hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No.:?06779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 231 117 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO CUMBERLAND COUNTYt~ e ; MORTGAGE GROUP, INC. C ~, ~`i `=~ ._, Plaintiff, COURT OF COMMON )~1L1/AS ~~- T- - .. Y _. f i v• CIVIL DIVISION ~ c STILES M. GAFFNEY No. 10-1343-CIVIL TERMr- Defendant(s) A' r~ -- , AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 V COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". ^ 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 ^ enay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., ld. No. 208375 Attorney for Plaintiff Date: ~~o?,~~p 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 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 # 231117 Name and Phelan Hallman & Schmieg, LLP Address ~ 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 JOT/ALE • 09/08/2010 SALE Line Article Number Name of Addrea Stoee and Poat Oftlce Address Pos a Pee 1 **** TENANT/OCCUPANT 929 SUSAN CIRCLE ENOL PA 17025-1831 2 •*** Domestic Relations of - Cumberland County 13 North Hanover Street Q o M' 0 Grlisl PA 17013 1 poo 3 **** Commonwealth ofPennaylvsnia 1 ~~p~ Department of We{fare ' ~ P.O. Boz 2675 ~ u ~ Harrisbu PA 17105 p 4 **** United States Internal Revenue ~1 ~o Special Procedures Branch r ~ t Federated Investors Tower ~ p ~ v ay 13th Floor, Suite 1300 ~ o 1001 Lib rt A ~ e y venue 8p3lIt~M o o Pittsbu h PA 15222 5 *•** U.S. Department of Justice ~ U.S. Attorney for the Middle DistHct of PA Federal BuildinY, P.O. Box 11754 228 Walnut Street Harrbbu PA 17108 6 Men, Inc. 3300 SW 34th Avenue; Suite 101 Ocala FL 34474 7 Men as a nominee for Homecomings Financial, LLC. (f/k/a Homecomings Financial Network, Ina) P.O. Box 2026 Flip MI 48501-2026 8 Homecomings Finsachll, LLC. (f/k!a Homecomings Financial Network, Inc.) 2101 Rexford; Suite 250 W. Ch o NC 28211 9 w "'b Boa v's D Store, Ina " ° ~`.x,,, C/o: r M. Feld uire ,..~ n PA 17070-1116 10 , 11 ' ' 12 STIL M. AFFNEY CUMBERLAND TEAM 3 PHS# 231117 ti .; ~ ~, ~,: ToW Nuaber of Total Ntmtur of Pixy Poatmaskr, P« (Name of The 14a daelaratioo ormolus q tegtdted m aod. ~ ngiuoed mail. TM mndmum iodamoity imYabb Piear Ginad by Sander Rxdved W Pat 016ee Reeeivinf Employee) far the rxoamtwylw of ao tlod9oasiYmdo. h'fm7 dxuoaaq manWlKlioa haaanCb is f10,00D par pins aubjaet m! link of SI00,000 pas ooamma. TM modmum inda®iay paytltls a 1?xpaar Mol wmshmdiro p f300. the maximtmi isdamoity,pyabb 6 f2f,009 for aeai+tardd maa, ram vvidt oplioml humaoos. Sx Damao Mrl Moffat 11900 5913 and $921 far liodlrtiea of Name and Phelan Hallinan & Schmie8, LLP Address ~ 16177FK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadel hia, PA 19103 JOTlALE - 09l08l~010 SALE Line Article Number Name of Add Strce and Post Office Address P e Fce 1 **** Men ae a nomince for Specialized Loan . _ _.. _ _ _ Servicing, LLC. P.O. Box 2026 Flin ML 48501-2026 ° " 2 **** Specialized Loan Servicing, LLC. I ~N a ~ 8742 Lucent Blvd.; Suite 300 ' o Hi hlands Ranch CO 80129 ~ 0~ 3 **** Paula Gaffney ~ Clo: Bryan S. Walk, Esquire 523 bleat Chocolate Avenue• Soite.1500 m ~ Henke PA 17033 ~ ~ ~ 4 **** Stilw M. Gaffney ~ ~ c ~ 0 C/o: Carol J. Lindsay, Esquire ~a' ~„ ~ n o 26 west High Street Carlisle PA 17013-2922 5 ***• 6 **** 7 **** 8 **** , q •*** 10 **** 11 .*«. 12 **** 13 * 14 ** 15 * * ~' ES M. GAFFNEY CUMBERLAND TEAM 3 PHS# 231117 ~~ TWI Number of x ,t ~ S TaW Number of Pieces i Ofi It d P Poeanertar, Per (Name of i E lM ma da~etioa otvelm ie required ao ea domestic end'utmnetiooel roEieoered mnl. The m iedamniry a>'~ ' N 0 t f b l d4 /' S 0 Recce Listed M ender .: ve et ort u teg ~'` vin6 ltew mployee) n per far he rewoertuetlm o L doemeeMe wider Hxpreu Mn daenmeot,eeaert . n o 0 ie piece eu0jxl m a limit olS300,000 P« ooomtma. The mewmum (ndem~dty peyebk aq u f300. ' The met<imum iodeemih MY!bM it f2S,000 for ropetned mail, seat with option4 iwaTa :See pid 1 A~ipuel ` 8900 3913 rid 5921 for limitetione of 4 ~?~- .. ~ ~ I+ .' /~ ~~•' .. r•. AFFIDAVYT QF S$RVIGS {~,1VIG'~ PiAIN'1'~l~ CUMB)dRY.AND t:0YJi4'1"~' Ci Cllr10RTGACxE, ING SlBJil~t 'PU ABN AMRQ MQRTCxAG)B CBQUP, >(rIC. PHS ~ 231117 DSFENDANI` SivRYE SIZLLS M. GA9'FNgY AT: 929 SLLSAN ~~ El+i©i.A,)pA 17+825-i831 C~UI~i' NO.: 111-13d3-C'Y'VYY. 'rBRIVi TYP& 4F AC'~ON XX Na~tlce o[ 87>~itf'a Sale SAiit, DA'Z'E; !9/O9J2010 .•, Saved sad mane known to s . ~„ Ff~'1 Deiend~nt oo may of 20 1_O at n - ~' ~:,~e .o'clock ~. M.. at ~ PQT F~iotaL~.~l~~ in the manner described below: ~., > _ ~ `" ~ --+ _ , c ~" _ ~ wig w~ Drfadant(s) reaida(s). ~ '"?' ~ " ~- Relatiosisbip ~ __ S (_ ~5 . j' _l~lt~llt I11 Of D~dldOpi511bS1dEtSCe WMO tC~15C~ [O gtrra natito dr re18t10rlahlp. ,b _ . _,~Sansgedt".laic of plak;e of lodging is vn6iCh Delendamt{s) treside{s). $: _ Agent or person in charge of Defendarn's o~iee or usual place ~f business. ,_ art officxr d said Defeaide>x's company. a ~ ' ~' _. . `~~"'. »ek W Desaiption: Aga 56s Height ~O ~ 0 ~ ~ Weight (~0 Race W Sex l~l Otl>er ~ i _ r~r ss~vl~a ~ . Ua of . 24_,, a ~ o'clockw, . M., Defendant NUT FU~JNI? because: - - Addt+ess ,-,_ Moved -Does Na Resicb {Not Vac~ot) Y, a/LD w ~ a ca~mpadat adult, being dully sways acc~rrdiag rd law. dep~ ead state that I pcrsottaDy handed a true Sod cttriY.tiK copy d the Nom' g of 3heti~'s Seb ut $te manner as set forth herein. rued in rite captioned ~ an the data and at tbs addnrsy iadicnted cbove. Swan tv and su bed KIMBERLY CURTY befae me titia , day NOTARY PUBLIC of ~ 2t?Lo STATE OF NEW 3ERSEY N ~ • , f j,~~ fi'n' COMMIS5tON EXPIRES MARCH 7, 2013 - Ido Answer _ Sarvioe Refused Cldter: Sworn to and subscribod before me this day of ;~ By: NotAry: ~3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage Inc vs. Stiles M. Gaffney ??trrti?r of 4,.uau b ?<<",? +# -tp,cE KI11, FILED-DFEf^E DE iME PR-9; TRiD O „ 2 fQ OCT 12 AN (D: M ; PENPiSyt kVAt,1)A Case Number 2010-1343 SHERIFF'S RETURN OF SERVICE 06/26/2010 12:16 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 65-26-2010 at 1210 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stiles M. Gaffney, located at, 929 Susan Circle, Enola, Cumberland County, Pennsylvania according to law. 06/26/2010 12:16 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1210 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Stiles M. Gaffney, by making known unto, Stiles Gaffney, father of defendant, at, 929 Susan Circle, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/09/2010 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, Mail Stop 202, McLean, VA 22102, , being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 762.90 SHERIFF COST: $762.90 October 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 7 -0 DO Pd a.aa Pd, ?- , ev U- Pd 7 t! ? 93 PW 29q0/ (c; GcuntySuite Sheriff. T7elecSott In;;. CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. STILES M. GAFFNEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1343-CIVIL TERM CUMBERLAND COUNTY 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 929 SUSAN CIRCLE, ENOLA, PA 17025-1831. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) STILES M. GAFFNEY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 929 SUSAN CIRCLE ENOLA, PA 17025-1831 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) Boscov's Department Store, Inc. C/o: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070-1116 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. 3300 SW 34th Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for Homecomings Financial, P.O. Box 2026 LLC. (f/k/a Homecomings Financial Network, Flint, MI 48501-2026 Inc.) Homecomings Financial, LLC. (f/k/a 2101 Rexford; Suite 250 W. Homecomings Financial Network, Inc.) Charlotte, NC 28211 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. z 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Mers as a nominee for Specialized Loan Servicing, LLC. Specialized Loan Servicing, LLC. Paula Gaffney C/o: Bryan S. Walk, Esquire Stiles M. Gaffney C/o: Carol J. Lindsay, Esquire 929 SUSAN CIRCLE ENOLA, PA 17025-1831 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 2026 Flint, MI 48501-2026 8742 Lucent Blvd.; Suite 300 Highlands Ranch, CO 80129 523 West Chocolate Avenue; Suite 1500 Hershey, PA 17033 26 West High Street Carlisle, PA 17013-2922 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. May 5, 2010 By. Q?'?ta Attorney for 'Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND, IN East PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE Northern LINE OF THE CUL DE SAC OF SUSAN CIRCLE AND THE LINE OF ADJOINER BETWEEN Lots 36 AND 37 ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE ALONG SAID CUL DE SAC MEASURED IN A Southwesterly DIRECTION ON A CURVE TO THE LEFT, HAVING A RADIUS OF FIFTY FEET AND AN ARC DISTANCE OF FIFTY FEET TO A POINT ON THE EXTREME Northeastern CORNER OF Lot NO. 35 ON SAID Plan; THENCE North 85 DEGREES 81VIINUTES West ALONG THE LINE OF ADJOINER BETWEEN Lots 35 AND 36 ON THE SAID Plan A DISTANCE OF 123.84 FEET TO A POINT ON THE Eastern LINE OF LANDS NOW OR LATE OF MAYNARD SHEAFFER; THENCE North 5 DEGREES 14 MINUTES West ALONG SAID Eastern LINE OF LANDS A DISTANCE OF 37.51 FEET TO A POINT; THENCE CONTINUING ALONG SAME, North 8 DEGREES 13 MINUTES East A DISTANCE OF 94.59 FEET TO A POINT; THENCE North 84 DEGREES 46 MINUTES East A DISTANCE OF 82.54 FEET TO A POINT ON THE Northwestern CORNER OF Lot 37 ON SAID Plan; THENCE South 27 DEGREES 50 MINUTES East ALONG THE LINE OF ADJOINER BETWEEN Lots 36 AND 37 ON SAID Plan A DISTANCE OF 123.29 FEET, TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AND NUMBERED AS 929 SUSAN CIRCLE, ENOLA PENNSYLVANIA. BEING Lot NO. 36 ON Plan NO.3 SECTION C OF PENN HEIGHTS AS RECORDED IN CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN Plan BOOK 20, PAGE 48. TITLE TO SAID PREMISES IS VESTED IN Stiles M. Gaffney, by Deed from Paula A. Gaffney, dated 01/12/2005, recorded 01/18/2005 in Book 267, Page 952. PREMISES BEING: 929 SUSAN CIRCLE, ENOLA, PA 17025-1831 PARCEL NO. 09-14-0836-052 CITIMORTGAGE, INC. SBIM TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff NO. 10-1343-CIVIL TERM VS. CUMBERLAND COUNTY STILES M. GAFFNEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STILES M. GAFFNEY 929 SUSAN CIRCLE ENOLA, PA 17025-1831 "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 929 SUSAN CIRCLE, ENOLA, PA 17025-1831 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 $161,380.09 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.) T T 1. If the Sheriff's Sale is not stopped, your 'I roperty 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. 10-1343-CIVIL TERM CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. STILES M. GAFFNEY owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 929 SUSAN CIRCLE, ENOLA, ?A 17025-1831 Parcel No. 09-14-0836-052 _ (Acreage or s reet address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $161,380.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND, IN East PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE Northern LINE OF THE CUL DE SAC OF SUSAN CIRCLE AND THE LINE OF ADJOINER BETWEEN Lots 36 AND 37 ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE ALONG SAID CUL DE SAC MEASURED IN A Southwesterly DIRECTION ON A CURVE TO THE LEFT, HAVING A RADIUS OF FIFTY FEET AND AN ARC DISTANCE OF FIFTY FEET TO A POINT ON THE EXTREME Northeastern CORNER OF Lot NO. 35 ON SAID Plan; THENCE North 85 DEGREES 8 MINUTES West ALONG THE LINE OF ADJOINER BETWEEN Lots 35 AND 36 ON THE SAID Plan A DISTANCE OF 123.84 FEET TO A POINT ON THE Eastern LINE OF LANDS NOW OR LATE OF MAYNARD SHEAFFER; THENCE North 5 DEGREES 14 MINUTES West ALONG SAID Eastern LINE OF LANDS A DISTANCE OF 37.51 FEET TO A POINT; THENCE CONTINUING ALONG SAME, North 8 DEGREES 13 MINUTES East A DISTANCE OF 94.59 FEET TO A POINT; THENCE North 84 DEGREES 46 MINUTES East A DISTANCE OF 82.54 FEET TO A POINT ON THE Northwestern CORNER OF Lot 37 ON SAID Plan; THENCE South 27 DEGREES 50 MINUTES East ALONG THE LINE OF ADJOINER BETWEEN Lots 36 AND 37 ON SAID Plan A DISTANCE OF 123.29 FEET, TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AND NUMBERED AS 929 SUSAN CIRCLE, ENOLA PENNSYLVANIA. BEING Lot NO. 36 ON Plan NO.3 SECTION C OF PENN HEIGHTS AS RECORDED IN CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN Plan BOOK 20, PAGE 48. TITLE TO SAID PREMISES IS VESTED IN Stiles M. Gaffney, by Deed from Paula A. Gaffney, dated 01/12/2005, recorded 01/18/2005 in Book 267, Page 952. PREMISES BEING: 929 SUSAN CIRCLE, ENOLA, PA 17025-1831 PARCEL NO. 09-14-0836-052 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1343 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 STILES M. GAFFNEY (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 $161,380.09 L.L.$.50 Interest from 4/22/10 to Date of Sale ($26.53 per diem) -- $3,714.20 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 5/11/10 David D. Buell. Prothonotary (Seal) By: REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 929 Susan Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Rea 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,E 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 Mo. 2010-1343 ci u Citimortgage Inc. vs. Stiles M. Gaffney Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1343-CIVIL TERM, CITI- MORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. STILES M. GAFFNEY, owner of prop- erty situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being 929 SUSAN CIRCLE, ENOLA, PA 17025-1831. Parcel No. 09-14-0836-052 09002929. Impl ovanents thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $161,380- .09. r ("/Xisa Marie Co y,06, Editor SWORN TO AND SUBSCRIBED before me this ,30 da of Jul 2010 Notary F NOTARIAL SEAL DEBORAH A COLLMIS N"V P*k ARuiSLE SOROMM. CUMBERLAND COW" Mff COORMW EWW" Apr 2& U14 The Patriot-News Co. 020 Technology Pkwy Suite,300 F lechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commc,iwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisbt rg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspa )ers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Pat "iot-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 am i/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interests d in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place ar d 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 o The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockho ders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and fc r said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 W rit No. 2010-1343 civil Term 07/16/10 Citimortgage Inc Vs 07/23/10 Stiles M. Gaffney Atty- Daniel Schmieg By v rtue of a Writ of Execution NO. 10-1343- CM . TERM CIT] ORTGAGE, INC. S/BM INC To ABN AM 0 MORTGAGE GROUP, IN AM 0 . Sworn to an? subscribed before me this 6'5 diiy/of August, 2010 A.D. vs. sTii ES M. GAFFNEY f ' 1 own ;r(s) of property situate in EAST PED NSBORO TOWNSHIP, Cumberland ---- Notary Public Cou ty, Pennsylvania, being (Mu iicipality) 929 SUSAN CIRCLE, ENOLA, PA 17025- COMMONWEAL ,-i-i OF PENNSYLVANIA - 183 Pare ;I No. 09-14-0836-052 09002929 --- No Seas Sherrie L. Kisnersner, Notary Public I i Ac -age or street address) Lower Paxton Twp., Dauphin County IMF -ovements thereon: RESIDENTIAL L MY Commission FViies Nov. 26, 2011 DW:LLING N4eet4"- Ens rs r,ranae Assoctatlon 7 Notaries 1UI GMENTAMOUNT: $161,380.09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 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 Nome Loan Mtg 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 1 Ith day of May, A. D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 1343, at the suit of CitiMortg_aae Inc s/b/m to ABN Amro Mtg Group Inc against Stiles M Gaffney is duly recorded as Instrument Number 201029292. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of tl'34? A.D. 7Q /6 of Deeds