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HomeMy WebLinkAbout10-1917. 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 vCourtenay 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 231600 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1000 TECHNOLOGY DRIVE MAIL STATION O-FALLON, MO 63368-2240 Plaintiff V. DONALD A. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 Defendants T THE PPP0TH0jTAW 20(0 MAP I s PH 2: 0 7 16 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (0 - 191q civil -r &m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0-S 44.00 PQ A11-4 C 'rqA Uqg M ,QV)07(. File #: 231600 r 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 #: 231600 r Plaintiff is CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD A. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/27/2003 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. 1820, Page 3462. 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 03/02/2009 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 is: 231600 A? 6. The following amounts are due on the mortgage: Principal Balance $99,802.42 Interest $7,657.68 02/02/2009 through 02/17/2010 (Per Diem $20.1519) Attorney's Fees $650.00 Cumulative Late Charges $802.04 06/27/2003 to 02/17/2010 Appraisal/Brokers Price Opinion $84.00 Costs of Suit and Title Search 550.00 Subtotal $109,546.14 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $1,803.29 Subtotal $1,803.29 TOTAL $111,349.43 7. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 231600 W 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $111,349.43, together with interest from 02/17/2010 at the rate of $20.1519 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: awrence 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 Attorneys for Plaintiff File #: 231600 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Stephen G. Fisher, registered surveyor, dated January 3, 1979, as revised January 9, 1979, as follows: BEGINNING at an iron pin on the northern side of Terrace Avenue, which point at Place of Beginning is 24.75 feet East of the eastern line of Lot No. 193 on the hereinafter mentioned Plan of Lots; thence from said point at the Place of Beginning through Lot No. 192 on the hereinafter mentioned Plan of Lots, by land now or formerly of Stephen Davidock, North 25 degrees 30 minutes West 120.00 feet to an iron pin in the line of land now or formerly of Spurgeon Alsbaugh; thence by the same and by land now or formerly of Raymond Santee, North 64 degrees 30 minutes East 90.00 feet to an iron pin; thence by land now or formerly of Jerry L. Rudd, South 25 degrees 30 minutes East 120.00 feet to an iron pin on the northern line of Terrace Avenue; thence along the northern line of Terrace Avenue, South 64 degrees 30 minutes West 90.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 90 feet in front along the northern line of Terrace Avenue and extending northwardly therefrom at an even width a distance of 120 feet, and being the eastern 57.75 feet of Lot No. 192 and the western 32.25 feet of Lot No. 191 as shown on the Plan of Lots known as Valley Meadows, as recorded in Cumberland Count Right-of-Way Book 1, Page 81. HAVING thereon erected a ranch-type dwelling house with attached garage known and numbered as 1519 Terrace Avenue, Carlisle, Pennsylvania 17013. PROPERTY ADDRESS: 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 PARCEL # 50-21-0326-077 File #: 231600 VERIFICATION Charisse Mcknight hereby states that he/she is Assistant Vice President of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Charisse Mcknight, ssistant Vice Presid nt DATE: March 11, 2010 Company: CITIMORTGAGE, INC. File #: 231600 Maurice SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ttti o(~ ui~1; f; ~~~w2t i tw Jody S Smith ~° ~tri~~ T~ ~~ Chief Deputy ~~ ~ ~ ~~ ~ ~M ~~ U Edward L Schorpp Solicitor - - P~'r(.u~l~}l~ Citimortgage Inc Case Number vs. Donald A. Maurice (et al.) 2010-1917 SHERIFF'S RETURN OF SERVICE 03/22/2010 03:30 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2010 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donald A. Maurice, by making known unto Donna W. Maurice, Wife of defendant at 1519 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the s e. ._ ~y ~~ L IAM CLINE, DEPUTY 03/22/2010 03:30 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2010 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donna W. Maurice, by making known unto herself personally, at 1519 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. -~_ r LLIAM CLINE, DEPUTY SHERIFF COST: $49.40 March 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Gow v .~ tr The ii c ~. .a:'t b:c. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COURT OF COMMON PLEAS COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION Plaintiff NO. 10-1917-CIVIL-TERM v DONALD A. MAURICE DONNA W. MAURICE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/28/2010 to Date of Sale ($18.53 per diem) TOTAL ~a~+.ao P~ A'r'ty '~4. µ0 ~.BF 9a. oo ~~ l~F• ao ~~ 0'1.60 ~~ l8I.90 - Po ArN ~a.oo ~ l.o •50 LL Note: Please attach description of property. PHS # 231600 CIL~ 9 5'~ 785 (Z# aya.78y ~R~ Lt~,t,;~- o~.~ CUMBERLAND COUNTY ~ .> C _ `~ '>~ --+ rte ~ • ;; ~. ---; ~ ~~_. _. = . ,- - -:- ~: __ ..~. ._. - 1, $112,739.78 ~ r,;; m 2 483.02 $116,892.80 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 ^ Sh etal R. Shah-Jani, Esq., Id. No. 81760 ^ nme R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, l;sq., 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 a zU d w H U U O w C7 H a 0 ~~ ~~ U O~ ~O d~a,,, ~~ az VO O pW., ~ A ~'' `~? W 0 ~ ~ ~ 0 O ~ 0 ~~ ~"~ F C7 x¢~~ UW Oda ~~ ~o ~U U~ > WW U U ~ N ~~ ~3c~ ~¢Q 00 AA O V w ~ O~ H ~ w 3° O~ w an dU `''~ a a -o a~ a~ -° ~ w ~ U ~ rn w o W ~ rn .~ ¢o ~Qo ~ ~ ~ U ¢ a ~ U ¢ ~ a 3 N Q~~ ¢ ~ z~~ ~ ~~ ¢ A--~U ABU 0 N ~ ~ V1 V1 ~ ~p O~ ~ ~ ~ M ~ O .--. ~ ~ N C O O~ '~'~ ~ _ M M O H O M N N~~ ~ M M O~ ~ p°~ p N _ ~p ~p C N p 0 c*1 ~ ~ 00 ~ z N N O a.z o oz oZo~ornN,r ~ o db c oZ ,.a Z.Zbz.o o c o~ czZ d;zz~ "~ ~ b b ^~ ~ z z Z oc Z b.o y,~ vim' ~, ~ :d W ~ "~W tgoW ~GjW W~W.s~ ~ w a~ ~~ ~ ~ ~b off, ~; ~ Q'~;~ a w ~ ~:~ ~ ~~ ~ ~ cs. CHx~~xov~AF~ > ; ~~C7 ~~~PU ~ °' vi ~ c~ ':. O ~ '~ v ~ cv U a~^^^~^^ ^^^^~^^^^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff v. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1917-CIVIL-TERM CUMBERLAND COUNTY DONALD A. MAURICE DONNA W. MAURICE Defendant(s) .~.,;~~ ~~ T CERTIFICATION ~ N ~, `' ` r' The undersigned attorney hereby states that he/she is the attorney for the Plaintiff m t;abov~-::capt~rfed matter and that the premises are not subject to the provisions of Act 91 because: r'::_ ~ : -` ~~_ -~. ,-~., =< ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 1,8 Pa. authorities. § 4904 relating to unsworn falsification to 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 ^ Jud' h T. Romano, Esq., Id. No. 58745 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CITIMOR'FGAGE, INC., SB/M CITIFINANCIAL MORT!1sAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff v. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.10-1917-CIVIL-TERM CUMBERLAND COUNTY PHS # 231600 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., S/B/M CITIFINANCIAL MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 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 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368. Name and address of Owner(s) or reputed Owner(s): Name DONALD A. MAURICE DONNA W. MAURICE ~ `' Address (if address cannot be reasonably `" ~ - _-4 ascertained, please so indicate) r' ~~;~~ - .`~ -, i 1519 TERRACE AVENUE - ~ ~ wr_ ~.; =-' `?`_~ CARLISLE, PA 17013-9368 ~-~~ ~- -- -, ,~-, 1519 TERRACE AVENUE ?r - .~ '? ~ ' " CARLISLE, PA 17013-9368 ~ s,~ p1 --_;. 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may lie 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 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 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 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 st ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a th ities. May 25, 2010 Attprfie~'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 ^ Judit .Romano, Esq., Id. No. 58745 ^ S tal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L: Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE, INC., SB/M CITIFINANCIAL COURT OF COMMON PLEAS MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION Plaintiff NO.10-1917-CIVIL-TERM vs. CUMBERLAND ~QU~'Y ,.-, C C,~ ~ © =r~ .~ DONALD A. MAURICE ?;i F" ~~~-: ~ ~_ -n + DONNA W. MAURICE - ~ N T j ' ~ Defendant(s) ~ ~ ~ `- -' ~'-~ - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY . . ; ~ - -~-, ~ ` . -, ~- TO: DONALD A. MAURICE DONNA W. MAURICE ~ V m '~ 1519 TERRACE AVENUE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 CARLISLE, PA 17013-9368 **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 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 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 $112,739.78 obtained by CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY (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 ca11215-563-7000. 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. 10-1917-CIVIL-TERM CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY vs. DONALD A. MAURICE DONNA W. MAURICE owner(s) of property situate in the THIRD WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 Parcel No. 50-21-0326-077. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $112,739.78 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Stephen G. Fisher, registered surveyor, dated January 3, 1979, as revised January 9, 1979, as follows: BEGINNING at an iron pin on the northern side of Terrace Avenue, which point at Place of Beginning is 24.75 feet East of the eastern line of Lot No. 193 on the hereinafter mentioned Plan of Lots; thence from said point at the Place of Beginning through Lot No. 192 on the hereinafter mentioned Plan of Lots, by land now or formerly of Stephen Davidock, North 25 degrees 30 minutes West 120.00 feet to an iron pin in the line of land now or formerly of Spurgeon Alsbaugh; thence by the same and by land now or formerly of Raymond Santee, North 64 degrees 30 minutes East 90.00 feet to an iron pin; thence by land now or formerly of Jerry L. Rudd, South 25 degrees 30 minutes East 120.00 feet to an iron pin on the northern line of Terrace Avenue; thence along the northern line of Terrace Avenue, South 64 degrees 30 minutes West 90.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 90 feet in front along the northern line of Terrace Avenue and extending northwardly therefrom at an even width a distance of 120 feet, and being the eastern 57.75 feet of Lot No. 192 and the western 32.25 feet of Lot No. 191 as shown on the Plan of Lots known as Valley Meadows, as recorded in Cumberland Count Right-of--Way Book 1, Page 81. HAVING thereon erected aranch-type dwelling house with attached garage. TITLE TO SAID PREMISES IS VESTED IN Donald A. Maurice and Donna W. Maurice, h/w, by Deed from James A. DeGaetano and Barbara G. DeGaetano, h/w, dated 01/15/1992, recorded 01/16/1992 in Book 35-M, Page 162. PREMISES BEING: 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 PARCEL NO. 50-21-0326-077. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1917 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC, s/b/m CITIFINANCIAL MORTGAGE COMPANY, INC., s/b/m CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From DONALD A. MAURICE and DONNA W. MAURICE (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 $112,739.78 L.L.$.50 Interest from 4/28/10 to Date of Sale ($18.53 per diem) -- $2,483.02 Atty's Comm % Due Prothy $2.00 Atty Paid $181.90 Other Costs Plaintiff Paid Date: 5/27/10 .~ David D. Buell, Prothonotary (Seal) ~Y; ~, o .p/I/Jr Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, 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. 93337 t err t II t +` / JUL 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff : Court of Common Pleas Civil Division CUMBERLAND County v. DONALD A. MAURICE DONNA W. MAURICE Defendants No. 10-1917-CIVIL-TERM RULE AND NOW, this ! ~ ~ 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. Rule Returnable on the f~~ ~ day of ~ 2010, at ~ in tke-~h /~a. .S Courtroom~of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY T COURT J. C o J 1~ ~;~1e ~ ~~e ~ rtT- 'T't=.: ~ r U ~~ ~~y i~.~ - ~; y, ~ ~, ~;~ . ~ ~,? .~- /~ G ~ c.~~ ^, ~ 231600 `J ~ _ +~Li" ~,4 Tl~ I.:- ,. i ; ~r +! 2~I0 ~-,!J~ --3 f=-0 ~ ~~ Ci..~P~lr 3 P/yl ~!: D S/ ~iiy z r ~ a_ 1_d ._ Phelan I Iallinan &Schmieg, LLP fay: 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 .ludith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. 'I'abas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 .lay B..Iones, Esq., Id. No. 86657 Peter ,1. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivaek, Esq., Id. No. 84439 ,laime McGuinness, Esq., Id. No. 90134 Chrisovalante P, Fliakos, Esq,, Id. No. 94620 .loshua 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 Onc Penn Center Plaza Philadelphia, PA 19103 ?15-563-7000 CI"TIMOR"I~GAGE, INC., S/B/M CITIFINANCIAL ; Court of Common Pleas MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER Civil Division DISCOUNT COMPANY Plaintiff CUMBERLAND County v' No.10-1917-CIVIL-TERM UONAI,D ~~. MAURICE DONI~'A W. MAURICE • Defendants CERTIFICATION OF SERVICE 231600 ~ `' Y 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. DONALD A. MAURICE DONNA W. MAURICE 1519 "TERRACE AVENUE CARLISLE, PA 17013-9368 Phelan Hallinan &Schmieg, LLP DA~TI:: ~ -__~ Z 0 By: ~ (_J Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ .tay 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 231600 AFFIDAVIT OF SERVICE PLAnvT~F CUMBERLAND COUNTY 8~ CITIMORTGAGE, INC., S/B/M CTi'IFINANCIAL MORTGAGE COMPANY, INC., S/B/M CITII~~TANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY DEFENDANT DONALD A. MAURICE DONNA W. MAURICE SERVE DONALD A. MAURICE AT: 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 PHS Ik 231600 SERVICE TEAM/ lac COURT NO.:10-1917-CIVIIrTERM TYPE OF ACTION XX Nona a[ S6eridl's Sale SALE DATE: 09/08/2010 SERVED C`~ ~_ Saved and made known to DONALD A. MAU CE Defendant on the (`'day of 7(L N~, 2l)10 St'°- o'clock, M., at (~ (9 T'C-~Itnc~ C~/1~,1 ftLt A in the manner described below: Defendant personally served. ?Adult family member with whom Defendant(s) reside(s). Relationship is wl FE . _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officxr of said Defendant's company. _ Other: Description: Age 4~: Height~J,4-,~ Weight (SD ~e (,U Sex ~ O~~ I, ~Ac.D ~ L~ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~-.-- Sworn to and su~b'bed before me this day of uu 20 0 No ~ day 20 , at _ Vacant _ Bad Address r...> p -_•1 O ~ ~ ~~ P _.,.. `s ,. ~' W .N _ Ki~~E,~t Y s"t_?RTY Y CO MI5Si0`+ ~'°~?3ItE`~ r~~ARCH 7, 2013 NOT SERVED o'clock - M., Defendant NOT FOUND because: _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of -~ By: Notary: FOR PI.AWI'IIrF r... e~ r. r ~. sn. r+. w m n r~sa.wSms.r.r.aaas nra~sa.r`~,riK.ms iseaekns.~i~.xne,x~ a w% ~a's'Yx.ss~s Jere R Dmp, 6N.1~'i Nw fl~/f r~ra R 1f 6w 4. r~ Na f 110.TJ ~kTde{,1LIr-21RU1 .1q ~. J~. s. 6{, ii tt- ~if67 Frey Wei'!. St,, filrr<tl7f1 AedeeB t.lrlerad,g~„ Y, Na Nl7! »~R~{+Ii NafM3! Creirawleale? lYrae~ti7+fiN.sl~ JeeL 16~Yn~ ~{.li Ida 7~A ~44~Drae;~YlraaK71! AFI~~DAVIT OF SERVICE PLAIIVTIFF CUMBERLAND COUNTY CITIMORTGAGE, IIVC., S1B/M CTl'IFINANCIAL MORTGAGE COMPANY, INC., S~B/M C1TI1+'IIVANCIAL MORTGAGE CONSUMER DLSCOUNT COMPANY DEFENDANT DONALD A. MAURICE DONNA W. MAURICE SERVE DONNA W. MAURICE AT: 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 SERVED ~-.~ 6' PISS #231600 SERVICE TEAM/ gac COURT NO.:10-1917-CIVII.-TERM TYPE OF ACTION XX Notice a[ Sheriff's Sale SALE DATE: 09/08/?A10 Serval and made lmown to DONNA W MAURICE Defendant ~ the l~day of ~u N ~. 20 jQ_, at C7 ~:'~4, o'clock ~. M., at 1 ~ ~ TF-?4~~ ~yE~ ~lsl.E~ P4, in the manner described below: ~. / Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. ,Manager/Clexk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: °_ Description: Age 4~ s Height ~ M Weight ~ 50 Race W Sea ~ Other I, I~?/bJA+.a~ l~0 bL , a competent adult, being duly sworn according to law, depose and state that I personally handed a tine and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su bed before me this day of N& 20 (G (~ -~ 1 ~~~ ° ;,_3 __,~.~ ~ C _, ~t ~° .~ -_ ___, c,.. ~ °i= W ._:. KI'~~8,~~Y C!?RTY ~(}~K!t1 Pl?3L'C iS~iVN F;?~.~~'iR~S P4~RCH 7, 2013 NOT SERV® 20~ at _ o'clock - M., Defendant NOT FOUND because: ,Moved _ Does Not Reside (Not Vacant) No Answer.on at , ~ Service Refused Other: Sworn to acid subscribed before me this day - ~_. By: of Notary: ATTORNEY FOR PLAII~ITIFF {~waistlf~r,~,liNw 3t3I n~se+~.~.ti.N..~s n.wssu~w~os,r~awars NMde SN.lwiri. Pa+,Y Na N W ]~L~41bl.~l~L9p~6 StirdN R 51iJ~i. ^M. k lia ~nN ]siieArrwl. dl.YN-il~-1 V ddt SA~A»M+ ~L lM. ]1tii1 y~~„yq~„rilY. ~ff6/ lY~v~1161dy y~~1iN-i17l1 ~ „Ii.11a~MM ~~y ~,r~r.vr4a>~+,wwsw ~.+..~ crr..ti~.~n..~+ co~•r s o~.o. *w. y. H. scns • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., SB/M CITIFINANCIAL CUMBERLAND COUNTY MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY Plaintiff, CIVII. DIVISION v. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: ~. ~ -- VO :_~ , . c -., g ~; 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 Certified Mail Return Receipt stamped by the U.S. Postal Service is att ched hereto Exhibit "A". ^ Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 `~ L ~/~~ Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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. No. 10-1917-CIVIL-TERM ~ . _~Co _~ ~l ~.. ~, -.=; --t ~~, .,.; _~; ._ PHS # 231600 .., w ~~ ~. £ 0 L B l 300 ~ yypa~ a311YW OIOt 9ZA1o'W gSZtLZ6000 ~~ :~ ~ • . ~~, ~ $ ti ~~: ~ v~ o o ~ ..~ e~ ~:: ~ ~~~~~ $ ~.~•~~~ ~ M d ~ o a ~,. ~ o w ~ a ~~ Q Q a~ ~ A a a ~ ,~ ~ w ~ ~, ~+ v ,~ °~ ~ d ,`~ w b -a u WW ~ .. d~ ~w~a;vet ~~ ,:~' ~~a; '~ a~ ~~ ° a~rZh a 8~ ~ c ap~ a~r~i~~~~~N~ A ,~~ ~az~ u~u~uu~at~~v~~,..~appwNW ~ F~ .~ Z ~ « .*~ * s a~ s # f * s U e .~ ~ ~~ ~ ~ ~~o CI'I'IMORTGACfE,1NC.,: SB/M GITIFINANCIAL Court of Comman Pleas MORTOACiE COMPANY, I'NC., S!B/M CITIFINANCIA.L MORTC~~i.4E CONS~R Civil Division DLSCOUNT CAMPANY pl~t~ CUMBERLAND County v. DONALD` A. MAURICE Nok 10-1917-CIVIL-TE+RNI DONNA W. MAURICE Defendants .. ORDER AND NOW,: this~ay of U ~ .2010 the Prot~anotarp is ORDEREL? to __~~~/ amend the in rem judgmern and the Sheriff is ORDERED to amend the writ nunc pro ttinc in this caaa-as Mows: 'Principal' Balance $99,802.42 Interest Through September 8, 2010 X15,562.90 Per Diem $20.15' Late Charges X802.04 Legal fees X1,954.00 Cost of Suit acid Title ~98Q.00 Sheriffs Sale Costs $0.00 property Inspectionsf Property Preservation $4.00 Appraisal/Brokers price Opinion $254.13 Iv~ortgage Insurance Premium.. ! $0•( Private Mortgage Insurance Non Sufficient Funds Charge ~ $0.00 5uspem9e/Misc. Credits (5243.44) Escrow Deficit $2,395.35 TOTAL $121,557.4U Plus interest from .September 8, 2010' through the date of sale..:. at six percent per annum. Note; The;. above figure is not a payoff quote.. Sheriffs commission is not included in the above figure. ._.-- I'~ .. BY COURT .. . . . .. _.. ~ ~: ~., ~: I ~ ~ . v = /~ ~~ UP~L ~r~ U GS~+2t1C~~ ~~- - _ . °`-~: ~ ~ ~.~_ --- ~ _7 ~y Nuts ~~ ~~/D//~ 231640 a _~ ~.. ~G M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?LE_? FK0 Sheriff THE- PR,.'{' ' RY Jody S Smith Chief Deputy 1 C, - u 2 9 P M E' Richard W Stewart Solicitor MB -r_ LAt?!D C01Uiv i " I(- a!41? I ?/ LV11%N 1 Citimortgage Inc Case Number vs. 2010-1917 Donald A. Maurice (et al.) SHERIFF'S RETURN OF SERVICE 06/26/2010 09:15 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0915 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 Donald A. & Donna W. Maurice, located at, 1519 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania according to law. 06/26/2010 09:15 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0915 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: Donald A. Maurice, by making known unto, Donna W. Maurice, wife of defendant, at, 1519 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/26/2010 09:15 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0915 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: Donna W. Maurice, by making known unto, Donna W. Maurice, personally, at, 1519 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/08/2010 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/02/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 12/22/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 12/22/10. SHERIFF COST: $709.86 December 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF V a. So ?CL cK:; I I, IL 74 yBy j??`--2 s s xti9 " CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COM)'ANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff V. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1917-CIVIL-TERM CUMBERLAND COUNTY PHS # 231600 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 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 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DONALD A. MAURICE DONNA W. MAURICE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 s ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a th ities. May 25, 2010 . 4wfie3rfor 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. Bradford, Esq., Id. No. 69849 ? Judit . Romano, Esq., Id. No. 58745 ? S tal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ] Andrew L. Spivack, Esq., Id. No. 84439 ] Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ] Joshua I. Goldman, Esq., Id. No. 205047 ] Courtenay R. Dunn, Esq., Id. No. 206779 ] Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE, INC., SB/M CITIFINANCL&L COURT OF COMMON PLEAS MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION Plaintiff NO. 10-1917-CIVIL-TERM VS. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD A. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 CARLISLE, PA 17013-9368 "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 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 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 $112,739.78 obtained by CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go 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 J SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1917-CIVIL-TERM CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY VS. DONALD A. MAURICE DONNA W. MAURICE owner(s) of property situate in the THIRD WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 1519 TERRACE AVENUE. CARLISLE. PA 17013-9368 Parcel No. 50-21-0326-077. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $112,739.78 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 I LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Stephen G. Fisher, registered surveyor, dated January 3, 1979, as revised January 9, 1979, as follows: BEGINNING at an iron pin on the northern side of Terrace Avenue, which point at Place of Beginning is 24.75 feet East of the eastern line of Lot No. 193 on the hereinafter mentioned Plan of Lots; thence from said point at the Place of Beginning through Lot No. 192 on the hereinafter mentioned Plan of Lots, by land now or formerly of Stephen Davidock, North 25 degrees 30 minutes West 120.00 feet to an iron pin in the line of land now or formerly of Spurgeon Alsbaugh; thence by the same and by land now or formerly of Raymond Santee, North 64 degrees 30 minutes East 90.00 feet to an iron pin; thence by land now or formerly of Jerry L. Rudd, South 25 degrees 30 minutes East 120.00 feet to an iron pin on the northern line of Terrace Avenue; thence along the northern line of Terrace Avenue, South 64 degrees 30 minutes West 90.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 90 feet in front along the northern line of Terrace Avenue and extending northwardly therefrom at an even width a distance of 120 feet, and being the eastern 57.75 feet of Lot No. 192 and the western 32.25 feet of Lot No. 191 as shown on the Plan of Lots known as Valley Meadows, as recorded in Cumberland Count Right-of-Way Book 1, Page 81. HAVING thereon erected a ranch-type dwelling house with attached garage. TITLE TO SAID PREMISES IS VESTED IN Donald A. Maurice and Donna W. Maurice, h/w, by Deed from James A. DeGaetano and Barbara G. DeGaetano, h/w, dated 01/15/1992, recorded 01/16/1992 in Book 35-M, Page 162. PREMISES BEING: 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 PARCEL NO. 50-21-0326-077. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH'OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1917 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC, s/b/m CITIFINANCIAL MORTGAGE COMPANY, INC., s/b/m CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From DONALD A. MAURICE and DONNA W. MAURICE (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 $112,739.78 L.L.$.50 Interest from 4/28/10 to Date of Sale ($18.53 per diem) -- $2,483.02 Atty's Comm % Due Prothy $2.00 Atty Paid $181.90 Other Costs Plaintiff Paid Date: 5/27/10 David D. Buell, Prothono (Seal) B Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, 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. 93337 V On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 1519 Terrace Avenue, Carlisle, more fully described on Exhibit filed with this writ and by this reference j#corporated herein. Date: June 14, 2010 By: 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. 2010-1917 Civil ?IL' Citimortgage Inc. Sa Marie Coyne, itor - vs. Donald A. Maurice Donna W. Maurice SWORN TO AND SUBSCRIBED before me this Atty.: Daniel Schmieg 0 by of July, 2010 By virtue of a Writ of Execution NO. 10-1917-CIVIL-TERM, CITI- MORTGAGE, INC., S/B/M CITIFI- NANCIAL MORTGAGE COMPANY, Notar INC., S/B/M CITIFINANCIAL MORT- y GAGE CONSUMER DISCOUNT COMPANY vs. DONALD A. MAURICE, DONNA W. MAURICE, owners of property situate in the THIRD WARD OF THE BOROUGH OF CARLISLE, NOTARY 1 Cumberland County, Pennsylvania, being 1519 TERRACE AVENUE, DEBORAH A COLLINS CARLISLE, PA 17013-9368. Notary Public Parcel No. 50-21-0326-077. CARLISLE BOROUGH, CUMBERLAND COUNTY Improvements thereon: RESIDEN- My Commission Expires Apr 28, 2014 TIAL DWELLING. JUDGMENT AMOUNT: $112,739- .78. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17650 Inquiries - 717-255-8213 the Patriot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 'Writ No. 2010-1917 Civil Term Citimortgage Inc Vs Donald A. Maurice Donna W. Maurice Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1917- CIVIL-TERM CITIMORTGAGE, INC., S/B/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CTIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY vs. DONALD A. MAURICE DONNA W. MAURICE owner(s) of property situate in the THIRD WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 Parcel No. 50-21-0326-077. (Acreage or sheet address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $ 112,739.78 This ad ran on the date(s) shown below: ?... ?.......... f Sworn to an? subscribed before Vne this?5. day of August, 2010 A.D. Notary Public C`rJMM(7NiNEAL7I; z-: PENNSYLVANIA Notarial seal Sherri[ -1. Kisne,, Notary Public Paxton Twp, Dphln County I i"'y Cbmniisston xPllres Nov. 26, 2011 Nre;n.`«- ??-;?ns?lvani3 a?;?,,?:ia*I""??.?ff••doraries 07/09/10 07/16/10 07/23/10 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY VS. DONALD A. MAURICE DONNA W. MAURICE CUMBERLAND COUNTY rnm = M COURT OF COMMON PLEAS CIVIL DIVISION C C__ p? No. 10-1917-CIVIL-TERM -< PRAECIPE TO ENTER ORDER To the Prothonotary: co a% c.? ca Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against defendant(s) DONALD A. MAURICE and DONNA MAURICE. As Set Forth in the Order of August 10, 2010 $ 121,557.40 A l Lawrence T. Phel , Esq re Francis S. Hallinall' ire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Ju ith T. Romano, Esquire eetal 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 Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William 1:. Miller, Esquire Attorney for Plaintiff C7- %°J CJ -# p CD x } ply. w Pd aA (r,?.7? 1 D?'JOW D )ACU c&4 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYLVANLA GITIMORTGAQE; INC.;: S/B/M =FINANCIAL Court of Common Pleas MORTGAGE: COMPANY,1NC., S/B/M CrrWINANCIAL MORIVIAGE CONSUNMR Civil Division DISCOUNT COMPANY Plaice CUMBERLAND County v: DONALD A. MALIRICB: No. 10-1917-CIVU--TERM DONNA W. MAURIt E. De?ndauts - ? ORDER ? AND NOW,'tl?is ?? day of 2010 the Protlronotarg is ORDERED to aqmood this': jmm judgm mu and the Sheriff Is OFDE? to amendthe wfit nuns pro tune in this case as follows: ?rincipel,. Mce $99,80142 Interest Through September 8, 2010 Per. L?Ieft$201.5; Late charges $802.04 Legal fees $11950.0.0 Cost of Sidt.=4Tiffe $980:00. S?ieriff Safe Costa: $O.00 :. Properti _'.Iia?peQd6nW Property Preservation $K00 Appraise f3 ±Q :price Opinion $254.13 l==noe-Pmnium / $0:00 Priva1 Moripp Insurance. r Non i fficir~at l?uacls Charge $6.00 Suspseakiso, Credits ($2444) Escrow Deficit la. 5.85 'T'OTAL $121,557.40 Plus interest fomS ber 10- gh llwdateofsale at snc n i . per annum: Noe The above figure is not .a-.payoff quote. Sheriffs commission is not included in the- above -figure. BY THRCOURT A/I 23 ti,600 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1917 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY INC., SBM CITIFINANCIAL MORTGAGE CONSUMER DISCOUNTY COMPANY Plaintiff (s) From DONALD A. MAURICE and DONNA W. MAURICE (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 $121,557.40 L.L. Interest from 09/09/2010 to Date of Sale ($19.98 per diem) - - $5,314.68 Atty's Comm % Due Prothy $2.00 Atty Paid $927.26 Other Costs Plaintiff Paid ' Date: 3/1/11 David D. B 11, Prothonotary (Sea]) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COURT OF COMMON PLEAS COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION Plaintiff v DONALD A. MAURICE DONNA W. MAURICE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/09/2010 to Date of Sale ($19.98 per diem) TOTAL CUMBERLAND COUNTY $121,557.40 --orn r- ? 1 $5,314.68 max' -' d c") ow n c? --?- -Z- G $126,872.08 ?a. 6b 14. pb aHo° 14. 60 412 'P? f Note: Please attach description of property. PHS # 231600 NO.: 10-1917-CIVIL-TFRM Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fran' allinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 S;. bb Owe CkA4 Iblot6l l n1+ .0,ss3 a 1 ?j. ? ?? j-g5wed a zU d F U O C7 F a 0 V? Oa ?? a? ?o Oa ?A ?? Ua O? Wp UW Oda p U U ? > WW ?U N 00 AA 0 U W e Oo O? U a v a? w00 wZ z y w en U w c? QD ¢ o ul" u 3 Aa ate„ 0 N ? O r M NO'i-ON M?p?C NNCAI rt- MrMi O?'Z00C4'VT 00 .,O "o O? O O M N?? O 00 b N O Z v, o 6Z 0Z 00(7, Z oZ?`Iv.`c a?-d Zzd 6 Z Zzz?zb ?zb -Z ebb ao -10 &Wb W-db?Z? a"o o,aWv'" swwwbWw ???b ?w?ww ? ?'w v? 40. o www w ?w ?w w A > C7 a^ a ? a ,.j >,Uww LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Stephen G. Fisher, registered surveyor, dated January 3, 1979, as revised January 9, 1979, as follows: BEGINNING at an iron pin on the northern side of Terrace Avenue, which point at Place of Beginning is 24.75 feet East of the eastern line of Lot No. 193 on the hereinafter mentioned Plan of Lots; thence from said point at the Place of Beginning through Lot No. 192 on the hereinafter mentioned Plan of Lots, by land now or formerly of Stephen Davidock, North 25 degrees 30 minutes West 120.00 feet to an iron pin in the line of land now or formerly of Spurgeon Alsbaugh; thence by the same and by land now or formerly of Raymond Santee, North 64 degrees 30 minutes East 90.00 feet to an iron pin; thence by land now or formerly of Jerry L. Rudd, South 25 degrees 30 minutes East 120.00 feet to an iron pin on the northern line of Terrace Avenue; thence along the northern line of Terrace Avenue, South 64 degrees 30 minutes West 90.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 90 feet in front along the northern line of Terrace Avenue and extending northwardly therefrom at an even width a distance of 120 feet, and being the eastern 57.75 feet of Lot No. 192 and the western 32.25 feet of Lot No. 191 as shown on the Plan of Lots known as Valley Meadows, as recorded in Cumberland Count Right-of-Way Book 1, Page 81. HAVING thereon erected a ranch-type dwelling house with attached garage known and numbered as 1519 Terrace Avenue, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES VESTED IN Donald A. Maurice and Donna W. Maurice, h/w, by Deed from James A. DeGaetano and Barbara G. DeGaetano, h/w, dated 01 / 15/1992, recorded 01 / 16/1992 in Book 35-M, Page 162. PREMISES BEING: 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 PARCEL NO. 50-21-0326-077. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza °IE D- O F F! C t Philadelphia, PA 19103 `" TA 215-563-7000 2011 MAR -1 AM 11: 13 CITIMORTGAGE, INC., SB/M CITIFINANcIA9W1 MW4T`( COMPANY, INC., SB/M CITIFINANCIAL MOR )JA;gdA N f A CONSUMER DISCOUNT COMPANY Plaintiff V. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-1917-CIVIL-TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A??to unsworn falsification to authorities. By:_ Attorney for Pla' ' Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr quc is S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFIN _ ?, p MORTGAGE CONSUMER DISCOUNT O 'rH Q N O?TA K' ' Plaintiff "' i " 2,111 MAR 13: V. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) CUMBERLAND COUNT PENNSMANIA. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1917-CIVIL-TERM CUMBERLAND COUNTY PHS # 231600 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 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 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368. Name and address of Owner(s) or reputed Owner(s): Name DONALD A. MAURICE 2. 3. DONNA W. MAURICE Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 her ' e subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritie Date: -? ??3 ay: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 UITIMORTGAGE, INC., SB/M CITIFINANCIAL COURT OF COMMON PLEAS MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION Plaintiff NO.: 10-1917-CIVIL-TERM VS. CUMBERLANDSOJNT* DONALD A. MAURICE -- DONNA W. MAURICE i` Defendant(s) N? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD A. MAURICE DONNA W. MAURICE o c p 1519 TERRACE AVENUE 1519 TERRACE AVENUE , CARLISLE, PA 17013-9368 CARLISLE, PA 17013-9368 "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 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $121,557.40 obtained by CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY (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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Stephen G. Fisher, registered surveyor, dated January 3, 1979, as revised January 9.. 1979. -is follows: BEGINNING at an iron pin on the northern side of Terrace Avenue, which point at Place of Beginning is 24.75 feet East of the eastern line of Lot No. 193 on the hereinafter mentioned Plan of Lots; thence from said point at the Place of Beginning through Lot No. 192 on the hereinafter mentioned Plan of Lots, by land now or formerly of Stephen Davidock, North 25 degrees 30 minutes West 120.00 feet to an iron pin in the line of land now or formerly of Spurgeon Alsbaugh; thence by the same and by land now or formerly of Raymond Santee, North 64 degrees 30 minutes East 90.00 feet to an iron pin; thence by land now or formerly of Jerry L. Rudd, South 25 degrees 30 minutes East 120.00 feet to an iron pin on the northern line of Terrace Avenue; thence along the northern line of Terrace Avenue, South 64 degrees 30 minutes West 90.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 90 feet in front along the northern line of Terrace Avenue and extending northwardly therefrom at an even width a distance of 120 feet, and being the eastern 57.75 feet of Lot No. 192 and the western 32.25 feet of Lot No. 191 as shown on the Plan of Lots known as Valley Meadows, as recorded in Cumberland Count Right-of-Way Book 1, Page 81. HAVING thereon erected a ranch-type dwelling house with attached garage known and numbered as 1519 Terrace Avenue, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES VESTED IN Donald A. Maurice and Donna W. Maurice, h/w, by Deed from James A. DeGaetano and Barbara G. DeGaetano, h/w, dated 01/15/1992, recorded 01/16/1992 in Book 35-M, Page 162. PREMISES BEING: 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 PARCEL NO. 50-21-0326-077. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1917-CIVIL-TERM CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY vs. DONALD A. MAURICE DONNA W. MAURICE owner(s) of property situate in the BOROUGH OF CARLISLE, 3RD WARD, Cumberland County, Pennsylvania, being (Municipality) 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 Parcel No. 50-21-0326-077. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $121,557.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 5211 (rev 01/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Donald Alan Maurice Donna Wolf Maurice Debtor(s) Chapter 13 Case No. 1: 1 0-bk-08965-RNO ORDER DISMISSING CASE UNDER 11 U.S.C. §521(i)(1) It appearing the above-named debtor(s) has/have failed to file documents required pursuant to the Bankruptcy Act of 2005, it is hereby, ORDERED that the case of the above-named debtor(s) be and is hereby dismissed. The trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending actions in this case are hereby dismissed. Dated: 12/28/10 BY THE COURT 6Z,A v 44,r United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:10-bk-08965-RNO Doc 23 Filed 12/28/10 Entered 12/28/1008:12:41 Desc Order Dismiss per 521 i Page 1 of 1 I PLAINTIFF CITIMORTGAGE, INC., SB/M CITIF INANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINAN9AL MORTGAGE CONSUMER DISCOUNT COMPANY PHS # 231600 DEFENDANT SERVICE TEAM/ lxh c: DONALD A MAURICE r-' DONNA W. MAURICE SERVE DONNA W. MAURICE AT: 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 Served and made known to DONNA 1, #-< , o clocke. M., at &f 9 %,<,* 3[ Defendant personally served. Adult family member with whom 1 Relationship is _ Adult in charge of Defendant's resi _ Manager/Clerk of place of lodging Agent or person in charge of Defer an officer of sa: Other: Description: Age Id Height I, A a compe handed a true and correct copy of the case on the date and at the address indi AFFIDAVIT OF SERVICE CUMBERLAND COUNTY COURT NO.: 10-1917-CIVIL-1ERM , rn ?" f t TYPE OF ACTION : t rs XX Notice of Sheriff's Sale ;0 SALE DATE: 06/01/2011 SERVED 'Ga s ,E D fendant on the 6l-"da of C) 20,( , e y ' lam in the manner described below: p p p. reside(s). nce who refused to give name or relationship. which Defendant(s) reside(s). int's office or usual place of business. Defendant's company. _- Weight P/40 Race -60- Sex F Other adult, being duly sworn according to law, depose and state that I perwamly cc of Sheriffs Sale in the manner as set forth hereia,-issue th ptioned I above. /J Sworn to and subscribed before me this G'A? day of /?1., 2 N5t? By: Oof 20t cant Does Not Exist No Answer on at Service Refused Other: Sworn to and subscribed before me this day of -? By: Notary: KVABERLY CURTY NO` Al.' 1'031 IC STAI F " r;•L'?' ; RSP.Y MY COMMjSQ,'0 ; L'.iltES VMARC 7.2013 NOT SERVED o'clock _. M., Defendant NOT FOUND because: - Moved - Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phdan, Fsq, Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. S&ntieg, 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 .lenine R. Davey, Esq., Id. No. 87077 Lauren R. Tab., Esq., Id. No. 93337 N'ivelc Srivastava, Esq., Id. No. 202331 .lay B-loner, Esq., Id. No. 86657 Peter.l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivak, Esq., Id. No. 84439 Chrisovalanle P. Fliakm, Esq., Id. No. 94620 .loshua 1. Goldman, Esq., Id. No. 205047 C'ourtenay R. Dunn, Esq., Id. No. 2116779 Andrew C. Bramblety Esq., Id. No. 208375 Allison F. W01,, Esq- Id. No. 309519 William E. Miller, Fsq, Id. No. 308951 On' Penn Center at Suburban Station 1617.1ohn F. Kennedy Blvd.. Suite 1401) Philadelphia,PA 19103-1814 f 215) 563-7000 Kenneth W. Baker 19 Bisbee Drive Buriington,NJ 08016 Ph. 609-526-423, 1,5 4 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC., SB/M CITWINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINAN IAL MORTGAGE PHS # 231600 CONSUMER DISCOUNT COMPANY DEFENDANT SERVICE TEAM/ lxh DONALD A. MAURICE COURT NO 10 191'7 C Rl -~' DONNA W. MAURICE SERVE DONALD A. MAURICE AT: 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 Served and made known to DONALL o'clock /0. M., WSW 7ce.,,9u . _ Defendant personally served. X Adult family member with whom L Relationship is GUS e- xz" _ Adult in charge of Defendant's resit Manager/Clerk of place of lodging Agent or person in charge of Defen an officer of sai Other: Description: Age Height 5 I, le,.. 44C4 , a compet handed a true and correct copy of the P case on the date and at the address indic .. - -IVIL-TES ? TYPE OF ACTION t XX Notice of Sheriffs Sale? t-D SALE DATE: 06/01/2011 G 37 0 SERVED G Defendant on the day of 2014 p A, in the manner described below: - G 4endant(s) reside(s). I W ?7gt/Re;r once who refused to give name or relationship. i which Defendant(s) reside(s). rnt's office or usual place of business. Defendant's company. Weighty Race 4y Sex r Other adult, being duly sworn according to law, depose and state that I =c of Sheriffs Sale in the manner as set forth herein, issued in the d above. Sworn to and subscribed before me this 6n' day of /;?*4.,4, 20!.. Notary, By: O the d 20-1-1 at V nt Does Not Exist - No Answer on at - Service Refused Other: Sworn to and subscribed before me this day of -72 . By: Notary: KITv"F,= -, I Y CtJT, Ty No! I\k, V- 131.tC ST4\TF,01 ?jai';i,.` RRSEy MY CO'ImisS10N E'.' ikl- N ARCH 7. ZOl3 NOT SERVED o'clock _. M., Defendant NOT FOUND because: - Moved - Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sehmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 .Judith T. Romano, Esq., Id. No. 58745 Sheelal R. Shah-Jani, Esq., Id. No. 81760 .Irvine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B..Iones, Esq., Id. No. 86657 Peter.l. Mukuhy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalanle P. Fliaka,, Esq., Id. No. 94620 Joshua L Goldman, Esq., 1d. No. 205147 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq, Id. No. 309519 William E. Miller, Esq, Id. No. 308951 One Penn center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 1 Kenneth W. Baker 19 Bisbee Drive Burlington,NJ 08016 Ph. 609-526-4231 0N0 iAr 2311 MtR 30 Ar^ 10: 13 CUMBERLAND COUr T y PENNSYLVANIA 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M CITIFINANCIAL Court of Common Pleas MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER Civil Division DISCOUNT COMPANY Plaintiff CUMBERLAND County V. No.: 10-1917-CIVIL-TERM DONALD A. MAURICE DONNA W. MAURICE Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 231600 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 18, 2010. 2. Judgment was entered on April 29, 2010 in the amount of $112,739.78. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated August 10, 2010, amending the judgment amount to $121,557.40. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. A Sheriffs Sale of the mortgaged property at 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:10-07311 on September 7, 2010. The Bankruptcy was dismissed by order of court dated October 7, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". b.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:10-08965 on November 2, 2010. The Bankruptcy was dismissed by order of court dated December 28, 231600 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "D". 6. The Property is listed for Sheriffs Sale on June 1, 2011. 7. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $99,567.70 Interest Through June 1, 2011 $19,686.83 Per Diem $20.10 Late Charges $802.04 Legal fees $2,350.00 Cost of Suit and Title $1,392.00 Sheriffs Sale Costs $709.86 Property Inspections/ Property Preservation $148.50 Appraisal/Brokers Price Opinion $409.13 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4.117.54 TOTAL $129,183.60 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 21, 2011 and 231600 requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "E". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, UP DATE: ?> BY: ? Lawrence T. Phel Es , 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 231600 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M CITIFINANCIAL Court of Common Pleas MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER Civil Division DISCOUNT COMPANY Plaintiff CUMBERLAND County v No.: 10-1917-CIVIL-TERM DONALD A. MAURICE DONNA W. MAURICE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 231600 I. BACKGROUND OF CASE DONALD A. MAURICE and DONNA W. MAURICE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 231600 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa. Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 1.79 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 231600 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 231600 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 231600 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 231600 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 231600 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, I.LP DATE: ' By: ? Lawrence T. Phe ,E , Id. No. 32227 ? Francis S. Hallinan, sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J ,udith 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 231600 Exhibit "A" 231600 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 J Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ;:Zj ;-, 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 ro One Penn Center Plaza " Philadelphia, PA 19103 y. 215-563-7000 CITIMORTGAGE, INC., SB/M CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE , COMPANY, INC., SB/M COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE , CONSUMER DISCOUNT COMPANY CIVIL DIVISION vs. No. 10-1917-CIVIL-TERM DONALD A. MAURICE DONNA W. MAURICE. PRAECIPE FOR IN REM JU Cd, 4 ^ FOR FAILURE TO ANSWER AND ASSESSM D ^. AGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and agai S .ONALD A. MAURICE and DONNA W. MAURICE Defendant(s) for failure to file an ' ? :er to Plaintiff's 5 Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged s premises, and assess Plaintiff's damages as follows: As set forth in Complaint $111,349.43 Interest - 02/18/2010 to 04/27/2010 TOTAL $1,390.35 $112,739.78 I hereby certify that (1) the Defendant's last known address is 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368, and (2) that notice has been given in accordance with Rule 237.1, copy attached. G Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne 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. 4j "dl DATE: G Pxs # 231600 PROTHONOTARY Exhibit "B" 231600 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYLVANIA CITIMORTGACxE, INC.,: SAW CITIFINANCIAL Court of Common Pleas MORTGAGE. COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Civil Division Plaintiff CUMBERLAND County V. DONALD A. MAURICE: No. 10-1917-CIVIL-TERM DONNA W. MAURICE. Defendants ORDER i I AND NOW,, day of? , 2010 the Prothonotary is ORDERED to amend the n.rem judgment and the Sheriff is ORDERED to amend the, writ nunc pro tunc in this case as follows: P'rineipal3alanc- $99,&02.42 Interest Through September 8, 2010 $I 5,802.40 Per Dierii120.15 Late Charges $802.04 Legal fees' $1,9O.Q0 Cost of Suit and Title $9:80:00 Sheriffs Sale Costs $0.00 Property. Inspections[ property Preservation $3400 AppraisdSrokers:Price.Oph.on $ $54.13 Mwtgage Irmuranee Premium / _ 4.00 Private Mortgage Insurance. Non Sufficient Funds Charge S:uspense/Mrsc? Credits $0.00 .. i Escrow Deficit ($243'44) TOTAL $I21,55T40 Plus interest from September g, 2910 through the,da#e of sale at six percent per annum. NotreThe above figure is not figur a payoff quote. Sheriffs commission is not included in the above .. BY THE COURT el, 231-600 Exhibit "C" 231600 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ; DONALD ALAN MAURICE Chapter 13 DONNA WOLF MAURICE Debtors Case No. 1-10-bk-07311 ORDER DISMISSING CHAPTER 13 CASE AND NOW, upon consideration of Debtors' Motion to Dismiss Chapter 13 Case, it is hereby ORDERED that the above-captioned case is DISMISSED. By the Court, Chief Bankruptcy Judge (JK) Dated: October 7, 2010 Case 1:10-bk-07311-MDF Doc 12 Filed 10/07/10 Entered 10/07/1013:45:22 Desc Main Document Page 1 of 1 Notice Recipients District/Off. 0314-1 User: NRosencra Case: 1:10-bk-07311-MDF Fonn ID: pdf001 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Charles J. DeHart, III (Trustee) dehartstaff@pamd13trustee.com aty Philip Charles Briganti pbriganti@pa.net Date Created: 10/7/2010 Total: 42 TOTAL:3 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Donald Alan Maurice P.O. Box 953 Carlisle, PA 17013 jdb Donna Wolf Maurice P.O. Box 953 Carlisle, PA 17013 3668524 ALEXANDER SPRINGS EMERG. PHYS. P.O. BOX 37720 PHILADELPHIA, PA 19101 3668525 APEX ASSET MGMT. LLC 1891 SANTA BARBARA DRIVE SUITE 204 LANCASTER, PA 17601 3668526 ARROW FINANCIAL SERVICES 5996 W. TOUHY AVE. NILES, IL 60714 3668527 ASSET ACCEPTANCE CORP. P.O. BOX 1630 WARREN, MI 48090 3668528 BLUE MOUNTAIN ANEST. ASSOC. P.O. BOX 947 CHAMBERSBURG, PA 17201 3668529 CAPITAL ONE P.O. BOX 30281 SALT LAKE CITY, UT 84130 3668530 CARLISLE EMERGENCY PHYSICIANS C/O CARLISLE REG. MEDICAL CTR. P.O. BOX 3668531 3668532 3668533 3668534 3668535 3668536 3668537 3668538 3679596 3668539 3668540 3668541 3668542 3668543 3686242 3668544 3668545 3668546 3668547 3668548 3668549 3668550 3668551 3668552 3668553 3691316 3691315 3668554 3668555 3668556 4100 CARLISLE, PA 17015 CARLISLE HMA PHYSICIAN MGMT. P.O. BOX 281629 ATLANTA, GA 30384 CARLISLE REGIONAL MED. CENTER 361 ALEXANDER SPRING RD. CARLISLE, P2 17015 CENTURYLINK P.O. BOX 3289 HUNTINGTON, WV 25702 CITIFINANCIAL 300 ST. PAUL PLACE BALTIMORE, MD 21202 CITIMORTGAGE, INC. P.O. BOX 9438 GAITHERSBURG, MD 20898 COMMERCIAL ACCEPTANCE CO. 2 WEST MAIN STREET SHIREMANSTOWN, PA CONDOR CAPITAL CORP. 165 OSER AVENUE HAUPPAUGE, NY 11788 CONNER-APICELLA ORTHODONTIC 21 STATE AVENUE CARLISLE, PA 17013 CitiMortgage, Inc. PO Box 6941 The Lakes, NV 88901-6941 DEBORAH SIMS, M.D. 19 SPRINT DR., #1 CARLISLE, PA 17015 DEBT RECOVERY SOLUTIONS, LLC 900 MERCHANTS CONCOURSE SUITE 106 WESTBURY, NY 11590 ENHANCED RECOVERY CORP. 8014 BAYBERRY RD. JACKSONVILLE, FL 32256 INTERNAL REVENUE SERVICE P.O. BOX 21126 PHILADELPHIA, PA 19114 INTERNATIONAL PORTFOLIO C/O AARGON AGENCY 3025 W. SAHARA AVE. VEGAS, NV 89102 Jefferson Capital Systems LLC PO BOX 7999 SAINT CLOUD MN 56302-9617 LVNV FUNDING, LLC P.O. BOX 10497 GREENVILLE, SC 29603 MIDLAND CREDIT MANAGMENT 8875 AERO DR. SAN DIEGO, CA 92123 NATIONAL FINANCIAL SERVICES 507 PRUDENTIAL RD. HORSHAM, PA 19044 NATIONAL RECOVERY AGENCY 2491 PAXTON STREET HARRISBURG, PA 17111 NCO FINANCIAL SERVICES 507 PRUDENTIAL RD. HORSHAM, PA 19044 NCO FINANCIAL SYSTEMS 507 PRUDENTIAL ROAD HORSHAM, PA 19044 PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BLVD. PHILADELPHIA, PA 19103 17011 LAS PROSPER MARKETPLACE, INC. 111 SUTTER ST. FLOOR 22 SAN FRANCISCO, CA 94104 SALUTE CARD P.O. BOX 105555 ATLANTA, GA 30348 SPRINT SPRINT CUSTOMER SERVICE P.O. BOX 8077 LONDON, KY 40742 THE UNITED TELEPHONE COMPANY OF PENNSYLVANIA LLC P.O. BOX 165000 ALTAMONTE SPRINGS, FL 32716 The United Telephone Company of Pennyslvania LLC P.O. Box 165000 Altamonte Springs, FL 32716 VALUE CITY ROOM TODAY/WFNNB P.O. BOX 182789 COLUMBUS, OH 43218 WALNUT BOTT OM RADIOLOGY P.O. BOX 382 HUNTINGDON, PA 16652 WELLS FARGO FINANCIAL 800 WALNUT STREET DES MOINES, IA 50309 TOTAL: 39 Case 1:10-bk-07311-MDF Doc 12-1 Filed 10/07/10 Entered 10/07/1013:45:22 Desc PDF all creds ptys UST IRS: Notice Recipients Page 1 of 1 Exhibit "D" 231600 5211 (rev 01/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Donald Alan Maurice Donna Wolf Maurice Debtor(s) Chapter 13 Case No. 1:10-bk-08965-RNO ORDER DISMISSING CASE UNDER 11 U.S.C. §521(i)(1) It appearing the above-named debtor(s) has/have failed to file documents required pursuant to the Bankruptcy Act of 2005, it is hereby, ORDERED that the case of the above-named debtor(s) be and is hereby dismissed. The trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending actions in this case are hereby dismissed. Dated: 12/28/10 BY THE COURT United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:10-bk-08965-RNO Doc 23 Filed 12/28/10 Entered 12/28/1008:12:41 Desc Order Dismiss per 521 i Page 1 of 1 Exhibit "E" 231600 N w_ 0 O °» v A w N O 00 J ? (A A w N r z CCD d co? x x ? . Q ? W W z ? d r) z ?n0 YO to ?z d = W2 X72! r r o? ? ° y ° d r o ? ? > r a y ?y > a > ? C o n w? r w r? ? to 00 ?o a a ? ay o N O O d o a a O n y 0 0 ? m ?, FrM ?D CD a 3o . W a O 'O- /1 h O ? 1 l ? m N N - rr (0 n N c d ^? ° N ? a w _ - Y t ?? o ry O? y d m J O ? 3 O x. m 1 tl ? 7 ? ^y r'o d d ? y. . o o pSES POsp ? w = o n S - O 2 N 4f I ', PITIJEY S w d '? 02 1M $ 02 520 - . 0004277256 MA R21 2011 y MA vd ILED FROM ZIP CODE ^ 91 C. 3 ?? o c y - v: f° ? 3 n fD ru rn s?- ?s5 ?n . O 3 ? ? d vOi _. O y a ~ O? oaz ? c @ ? a O? CD r ?z CD w o' c 0 a z r r a z x Ci'1 r b PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 21, 2011 DONALD A. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 RE: CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY v. DONALD A. MAURICE and DONNA W. MAURICE Premises Address: 1519 TERRACE AVENUE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-1917-CIVIL-TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 28, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve^y txuly yours Lawrence, . Ph an, quire Francis S. Hallinan, squire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ?heetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, UP DATE: 1 By: ? Lawrence T. P elan 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 ? dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 231600 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M CITIFINANCIAL Court of Common Pleas MORTGAGE COMPANY, INC., S/B/M : CITIFINANCIAL MORTGAGE CONSUMER Civil Division DISCOUNT COMPANY Plaintiff CUMBERLAND County V. No.: 10-1917-CIVIL-TERM DONALD A. MAURICE DONNA W. MAURICE Defendants CERTIFICATION OF SERVICE 231600 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DONALD A. MAURICE DONALD A. MAURICE DONNA W. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE PO BOX 953 CARLISLE, PA 17013-9368 CARLISLE, PA 17013-0953 Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Ph Ian, q., Id. No. 32227 ? Francis S. Hallinan, sq., 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 231600 CITIMORTGAGE, INC., s/b/m CITIFINANCIAL MORTGAGE COMPANY, INC., s/b/m CITIFINANCIAL: MORTGAGE CONSUMER DISCOUNT COMPANY, PLAINTIFF V. DONALD A. MAURICE AND DONNA W. MAURICE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-1917 CIVIL TERM rnm ? ? = rn GZ' 7 ! -4 G3 -v 3-n ZG pC") W t'T'! ORDER OF COURT AND NOW, this day of April, 2011, a hearing on the within motion to reassess damages shall commence at 3:15 p.m., Thursday, June 16, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, saa Vshe,4W ?. shah-,10S?i , &q. PN?S Donald A > donna W. Maurice, Albert H. Masland, J. ?leo? K1,l,, bw Q 'pp' 12 AN//: 50 P DNS YC ANIA 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M CITIFINANCIAL Court of Common Pleas MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER Civil Division DISCOUNT COMPANY Plaintiff CUMBERLAND County v. No.: 10-1917-CIVIL-TERM DONALD A. MAURICE DONNA W. MAURICE Defendants CERTIFICATION OF SERVICE 231600 I hereby certify that a true and correct copy of the Court's April 1, 2011 Order of Court was sent to the following individuals on the date indicated below. DONALD A. MAURICE DONALD A. MAURICE DONNA W. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE PO BOX 953 CARLISLE, PA 17013-9368 CARLISLE, PA 17013-0953 Phelan Hallinan & Schmieg, LLP DATE: G -` 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 ? 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 231600 IW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., SB/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff, V. DONALD A. MAURICE DONNA W. MAURICE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-1917-CIVII.,-TERM M cn ? *C) :MC) 5:4= r.,a 1 2V ?r c AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 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/ erti i d Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Ex ibit Date: a'] U Lawrence T. Phelan, Esq., o. ? Fr cis S. Hallinan, Esq., Id. No. 62695 O'Damel 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the Plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 231600 10 Le IIOZ 001 s? W G G F ao of ?" U C ai fi N 'b U ? N zQo u 3 o aoOdz "h woadoglie 9S w _ f o ZLLW60?0 i 00 • - ° ®s ? N 6 S'O d 8 1r° . r N? 3 ? 4 e x? + 3 M so a o? M? w d 9 -•v c V 4) .e 4 U Va _AG 3? a? p at 06( 0vp 3 019 ?? a ? C o ° T o.n e on 3w O D L3 ?? " o a? ? z .-? N M IT N ?O h oo O? O •'? N en V-4 v -4 w 1-4 to =M t?yr r????•°f ' ' C) < Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., S/B/M CITIFINANCIAL MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff VS. DONALD A. MAURICE DONNA W. MAURICE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1917-CIVIL-TERM PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on March 30, 2011 in the above referenced action. Ph jh l ina & Schmieg, LLP DATE: By: - ? Lawrence , 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 231600 ? 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 I'll ATTORNEY FOR PLAINTIFF 231600 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M CITIFINANCIAL MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff vs. DONALD A. MAURICE DONNA W. MAURICE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1917-CIVIL-TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. DONALD A. MAURICE DONNA W. MAURICE 1519 TERRACE AVENUE CARLISLE, PA 17013-9368 DONALD A. MAURICE DONNA W. MAURICE PO BOX 953 CARLISLE, PA 17013-0953 231600 Phelan Hallinai Schmieg, LLP DATE: By: / Lawrence . 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 -LjqdeT1-Ssa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 231600 r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor VA111 of LiuuGeFl111b 25 Contimortgage Inc vs. Donald A. Maurice (et al.) Case Number 2010-1917 SHERIFF'S RETURN OF SERVICE 03/11/2011 01:46 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1519 Terrace Avenue, Carlisle, PA 17013, Cumberland County. 03/21/2011 07:39 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Donna W. Maurice at 1519 Terrace Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/21/2011 07:39 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DONNA W. MAURICE (WIFE), who accepted as "Adult Person in Charge" for Donald A. Maurice at 1519 Terrace Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/01/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/08/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, CitiMortgage, Inc., of, 1000 Technology Drive, O'Fallon, MO 63368, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $812.66 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 1f2LO !r„ Coun*ycS1mo Shenfl teieno ott Inc. CUMBERLAND LAW JOURNAL Writ No. 2010-1917 Civil Contimortgage Inc VS. Donald A. Maurice Donna W. Maurice Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1917-CIVIL-TERM, CITI- MORTGAGE, INC., S/B/M CITIFI- NANCIAL MORTGAGE COMPANY, INC., S/B/M CITIFINANCIAL MORT- GAGE CONSUMER DISCOUNT COMPANY vs. DONALD A. MAURICE, DONNA W. MAURICE, owner(s) of property situate in the BOROUGH OF CARLISLE, 3RD, Cumberland County, Pennsylvania, being 1519 TERRACE AVENUE, CARLISLE, PA 17013-9368. Parcel No. 50-21-0326-077. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $121,557- .40. 53 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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. U Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 C;L? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 r The Patriot-News Co. 2020 Technolosy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4tPatriotwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 1??? ? 04/22111 v"M c? Mo 04/29/11 w D WA" L 05/06/11 DOWN WL Aft .......... r ` ..... Hq xirta of a Writ of Ewwfm NO. 141917-CP4L TWU CrnM lm"st8M Sworn to and bscribed f re me th s 23 aTngNAN MoRTCAGE May, 2011 A. D. COMFANY, SJ1rM - Cfl'1FIN U_' COiWMERDISCOUNCQOMMM V& Notary Public DONALD A. MAURICE DONNA W. MAURICE owwj(s) of property situate in the BOROUGH OF CARLISLR, 3RD, COMMONWEALTH OF PENNSYLVANL4 Cuawberiatwd County, Praia, Wag Noll Seal 1519 9kRACE AVENUE, CARLISLE, LowerrPPaxton PPA 17013-9368 Dauphin county Parcel No. 5421-0326-077. My CommLsslorw Bores Nov. 26, 2011 (AcmW or street address) Member, Pennsvlvanla Association of Notaries Tt w-mm uts thereon: RESWENTLAL DRELUNG JUDGMENT AMOUNT`. $121,557.40 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Citimortg_age Inc. SB/M Citifinancial Mortgage Co. Inc. SB/M Citifinancial Mortgage Consumer Discount Co. is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 1 day of March, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 1917, at the suit of Citimortgage Inc. SB/M Citifinancial Mortgage Co. Inc. SB/M Citifinancial Mortgage Consumer Discount Co. against Donald A. Maurice & Donna W. Maurice is duly recorded as Instrument Number 201129278. IN TESTIMONY WHEREOF, I have her to set my hand and seal of said office this day of A.D. a Recorder of Deeds FAMM Gwvft" B i t t* Fret MWIql W14