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Home My WebLink About10-2365Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 -Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. JOSEPH I. TOPPER 9714 4 POINTS ROAD ROCKY RIDGE, MD 21778-9729 Defendant F!L r "p'r' TL-? 2 019 AP PT; 1 I ATTORNEY FOR PLAINTIFF 233591 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 16 &S CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 233591 '? v?(? 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 #: 233591 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH I. TOPPER 9714 4 POINTS ROAD ROCKY RIDGE, MD 21778-9729 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/05/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOME SAVINGS OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200900823. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2009 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 #: 233591 6. The following amounts are due on the mortgage: Principal Balance $113,403.59 Interest $3,831.21 10/01/2009 through 03/19/2010 (Per Diem $22.5254) Attorney's Fees $650.00 Cumulative Late Charges $194.95 12/05/2008 to 03/19/2010 Property Inspections/Property Preservations $450.50 Costs of Suit and Title Search 550.00 Subtotal $119,080.25 Suspense Credit $0.00 Escrow Credit ($188.75) Deficit $0.00 Subtotal 188.75 TOTAL $118,891.50 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 233591 • 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. 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $118,891.50, together with interest from 03/19/2010 at the rate of $22.5254 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 L AN & SCHMIEG, LLP By: ? Lawrence T. lan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Miche M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 Vauren eta] R. Shah-Jani, Esq., Id. No. 81760 ne R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 ek 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 #: 233591 f LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point at line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which as the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania, 17013. PROPERTY ADDRESS: 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 PARCEL # 40-22-0489-101 File #: 233591 VERIFICATION hereby states that he/she is 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 o,,,E 3?? Pa a to authorities. Title: 6 6&41 sw Company: CITIMORTGAGE, INC. DIANE K. EOFF Notary Public - Notary Seal State of Missouri St. Louis County Commission #09857304 My Commission Expires August 20, 2013 R?S/- File #: 233591 Topper SHERIFF'S OFFICE OF CUMBERLAND .COUNTY Ronny R Anderson ~~}-~13h~ Sheriff ~ •'.~~ ~"~ ; E:: ~ ~~l~~i~tt of 4•riiafer~f~~r~ Jody S Smith Chief Deputy 2Q~Q I~AY ~ Z ~~ $' ~~ Edward L Schorpp , ,,.., , Solicitor ~~~ `-.::,r ~,(,~6~;r~fL'"~.`~~ r`a't ~,~vS~'LVt~J~A Citimortgage Inc vs. Joseph I. Topper SHERIFF'S RETURN OF SERVICE Case Number 2010-2365 05/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph I. Topper, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Joseph I. Topper. Request for service at 103 Petersburg Road, Carlisle, PA 17013 is vacant, previous tenant has not occupied this residence since last summer. Joseph I. Topper is thought to be residing at 9714 Four Points Road, Rocky Ridge, MD 21778. SHERIFF COST: $51.90 SO ANSWERS, May 11, 2010 RON R ANDERSON, SHERIFF r,; Gcu~:iySili!e ~her~~t, Te!ncsoYi. 4;C. 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. 8176d~ Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ~ts_5~~_~nnn CITIMORTGAGE, INC. Plaintiff vs. JOSEPH I. TOPPER Defendants -._ ~... ~ .~, -, 210 Ji~~ 23 PIS 244 [', r ....,.,. ('~ V Ft's t.t i l_ 'N l~n~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-2365-CIVIL ~to.oo pp Am/ et g8oart3 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAJ,Ij,IN~1 &y~CHMIEG, LLP By: ~ ^ Lawrence T. Phe 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 LJ 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 Date: /cdf, Svc Dept. File# 233591 Auc a 4 ~ 200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. Civil Division ~~ ~.~ vs. No.I~2365 CIVIL C ~ '`~` Joseph I. Topper : /d - -' ~' ~~" -~' ORDER ~ ;_ ~ -= - ANDNOW, this cX'~ day of /~, ~.~,~.~"' , 2010, upon _ p '-~" ~- O ~_ _ consideration of Plaintiffls Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Joseph I. Topper, by: 1. Posting of the premises: 103 Petersburg Road, Carlisle, PA 17013 by the Sheriff or a non-party competent adult; 2. First class mail to Joseph I. Topper at the last known address, 9714 Four Points Road, Rocky Ridge, MD 21778-9729, and the mortgaged premises located at 103 Petersburg Road, Carlisle, PA 17013; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. E Cc: Joseph I. Topper 103 Petersburg Road Carlisle, PA 17013 Joseph I. Topper and 9714 Four Points Road Rocky Ridge, MD 21778-9729 / Via; w~G Mc~u; n Hcss 6~c PHS# 233591lcdf I 2 PLC 05 Tt?y PpcmT JTAF?I sch;nic,-,. LIT !,a??runcc I I'I;IId. No. 32227 LJ AUG 24 fM 3' rra:icis S. I4.illin,.n, I-;sq.. Id. No. 02695 )arid (? Sciu?i ?. I sq.. Id No. 61-20S , -0 CO" V,chcl( V. i3rodlord. Fsd.. Id. No. 698.19 t,dith I kcmaiw, Isq- Id. No. 587,15 Yh :Ial R. S!,ah-.Mini. I?aq.. Id. No. 81760 rnnc 1?. Ihnc?. I-sa._ Id. No. 8707? i.:rcn It. I !ha,_ ksq.. Id. No 93337 - 23 Id. No '0 ) I a? B Jonc>. fs.?.. Id. Wo7 I ct.-r ]..A1alc??h?.. Esq., :d. No 61791 ln?lrcw L_ Spi?,r?h, iac., Id. No 84;39 ainm Mcuumrc,s, 1-sq.. Id. No. 9013,1 hriso? al[;n c 11 '`iAos. 1:,,q.. W. No. 9-1620 t?snua 1. Esq.. Id. No. 2050-17 ?'?-.rtcna.? I<. D) , m. I?;sq.. Id. No, 206774 Ac?h?c C !3rai:.i?lctt, 1sq._ lei. No. 208,375 6: % IFI: !3.)?:II Lard. S-iitc 1-100 A I'I ORNI:Y FOR PLAINTIFF )I Pcn'l C ,ritc Plnra Phi?ndcl}?hi<,, E' \ I9I1 03 l ?-?6 ;- ODU (`1 1 IMOR I C Wt," 1XV. COURT OF COMMON PH AS l'l?tintif?h CIVIL DIVISION CUMBI`UAND COUN'I )' 'O"I:PI IL I OPP1%R No. 10-2365-CIVIL Dc[cndanls I'ILIh'CIYi?:'I'O RLIN,STATF. CIVII. ACTION/MORICACE FORECLOSURE CDZ 10. C)o ?'? ?c17a„58 A O 1 1 Ill. PRO 1A KAOTARY: Kindly reinstate the Civil ;fiction in Mortgap Foreclosure with relcrence to the above ?.aptioncd matter. I INNI-AN I )AI 1NAN &^l IVIII,:G. 1.1 1' ? ?a? rcncc1. 1'hElan. I?:S ., Id. No. 3,2227 ? ira cis S. I iallinan, I-,s ., Id. No. 62695 ? a ie1 G. Schmieg, I,,, q., Id. No. 62205 ? M- hele M. Bradford, ?sq., Id. No. 69849 ? . idith T. Romano, 1:sq., Id. No. 58745 Shectal R. Shah-Jani, Isq... Id. No. 81760 Jeninc R. Dave}, Esq., Id. No. 87077 Lauren R. 'I abas, Esq., Id. No. ())-,37 [? VivA Sriy'astnva, Esq.. Id. No. 202; 1 .] .lay 11. Joncs. I:sq., Id. No. 86657 ? IVCI- J, Mulcah?', I'.sq., Id. No. 61 791 Andrew L. Spivack. 1-:sq.. Id. No. S4439 ? Jaime McGuinness, 1,,sq., Id. No. 90i )4 ? Chrisovalantc 1'. Fliakos. lsq., Id. No. 94620 ? Joshua 1. Goldman. Esq., Id. No. 205047 ?_ COUrtclla?' R. Dunn. l;sq- Id, No. 200779 Aiidrev,' C. Rramblett, I`;sq.. ICI. No. 208 375 1 to?rvc ') I'm- I'LlintifT Date: Aupw 23.201-0 cd1; Svc Dept. '. ilc 233591 J i 1 F -7 ED-k T :1\ 7 ?lJ F? 2. 1? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 h;. .?,-' • CUw? Francis S. Hallinan, Esq., Id. No. 62695 pNSYLVANA Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 'Aeetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 7115-563-7000 Citimortgage, Inc. Plaintiff COURT OF COMMON PLEAS vs. Joseph I. Topper CIVIL DIVISION Defendant : Cumberland COUNTY NO. 10-2365- Civil AFFIDAVIT OF SERVICE OF COMPLAINT RV MAII. PIJRSIIANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons Joseph I. Topper at 103 Petersburg Road, Carlisle, PA 17013, 9714 Four Points Road, ridge, MD 21778-9729 on September 9, 2010, in accordance with the Order of Court dated August 9, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: September 9- 2010 PHELAN HALLINAN & SCHMIEG, LLP By: J ??--- Lawrence T. Phelan, E 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 >Keetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~-~~i-rl(,'~~f Sheriff t~ c+f ~'u~ribp 'b~ ~'!~ 1'~t~.~l# tv1~}'~1~ Jody S Smith ~°~~ fit~'~~ Chief Deputy ~ . f ~ ~ ..~ ~ ~ ~~' ~ ~~ P~ ~ ~ a 7 ~=:K,~4t.i~~, "~~ Richard W Stewart ~-" ~ ~.~~, ~~~ Solicitor ~f~4e aF T ,E ~ wrRi~c ~~~~"' REJYI.L'~tIA Citimortgage Inc vs. Joseph I. Topper Case Number 2010-2365 SHERIFF'S RETURN OF SERVICE 08/27/2010 12:55 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2010 at 1255 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph I. Topper, pursuant to order of court by posting the premises located at 103 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. SHERIFF COST: $39.40 August 30, 2010 DEN FRY, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. ~1 4-~:j iR ik.i4- y a l~ 1 .... . 1 ~-~ Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ~-Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-Sfi~-700n CITIMORTGAGE, INC. Plaintiff r t `~' "' 1 ~, ~Wt' r - ~ v,s r ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. JOSEPH I. TOPPER Defendants CUMBERLAND COUNTY No. 10-2365-CIVIL CIO. op PQ A~~ ~~ 1005'7ga Q~ a~+8seto TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL EG, LLP By: ^ Lawrence an, Esq., Id. No. 32227 ^ Fr ~ allinan, Esq., Id. No. 62695 ^ D iel 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 ^ Pe ulcahy, 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 Date: ~ temhPr 17 ~1 ~ /cdf, Svc Dept. File# 233591 FILED-OEFICE ~3E TFiE P~dO i N01~OTAR°~' Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No, .62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Citimortgage Inc. vs. 2010 CG i 27 ~I'~~ I I ~ 57 Ct9rflBEm~L~,~`D COUNTY ~'i°P~SYLVAE~IA ATTORNEYS FOR PLAINTIFF Court Of Common Pleas Civil Division Joseph I. Topper :Cumberland County No. 10-2365 I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated August 9, 2010 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) lri (''umherland T,aw Tnurnal on nctnher 15, 2n1 n atld The Sentinel on nctnher R,~O10. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: La ence 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. 20677.9 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: October 26, 2010 PHS# `f •A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 October 15, 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. c Li a Marie Coyne, E~itor SWORN TO AND SUBSCRIBED before me this 15 da~of October, 2010 liL. Notary ,.~...~~ NOTARIAL SEAL DEBORAH A COLUNS Notult Public CARLISLE 60ROUQH. ClNABERLANO COUNTY MY CongnisHon Expires Apt 28.201 ~1 CUMBERLAND LAW JOURNAL POTICE OF ACTION IN MORTQAQE FORECL08URE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-2365-Civil Citimortgage Inc. vs. Joseph I. Topper NOTICE TO Joseph I. Topper: You are hereby notified that on April 9, 2010 Plaintiff, Cidmortgage Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 10-2365-Civil. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 103 Petersburg Road, Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cum- berland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenaes or objections in writing with the court. You are warned that if you fait to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO ORTELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDEYOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HTRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Oct. 15 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus Director of Sales and Marketinj;, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 8, 2010 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Citimortgage Inc. COURT OF COMMON PLEAS Vs. CIVIL DIVISION Joseph 1. Topper CUMBERLAND COUNTY TO Joseph I. Topper: NO. 10-2365-Civil N TI E You are hereby notified that'on 4-9-10, Plaintiff, Citimortgage Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, dock8ted to No. 10-2365-Civil. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 103 Petersburg Road, Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against yeu. TI E If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed wthout you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 ABOllT HIRING A LAWYER. IF YOU CANNOT AFFORb 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Affiant further deposes that he/she is not interested in the subject rnatter of the aforesaid notice or advertisement, and that all allegations in the forel;oing statement as to time, place and character of publication are true. '' 1 S Sworn to and subscribed before me this ~~ ~ ~ ~~~~~La~ V Notary Public My commission expires: N07ARIAL SEAL BAMBI ANN HECKENC~ORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires .Ian 27. 2014 i s i? `?.ir 4 7 it r _ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Citimortgage, Inc. Plaintiff r• a s ? 219 11 R , 2.3 t f : COURT OF COMMON PLEAS vs. Joseph I. Topper : CIVIL DIVISION Defendant : Cumberland COUNTY NO. 10-2365- Civil AMENDED AFFIDAVIT OF SERVICE OF COMPLAINT BY MATT, PURSUANT TO COURT QRDFR . I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons Joseph 1. Topper at 103 Petersburg Road, Carlisle, PA 17013, 9714 Four Points Road, Rocky Ridge, MD 21778-9729 on September 9, 201 n, in accordance with the Order of Court dated August 9. 2M. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: January?5, 011 PHELAN HALLIN,? MEG, LLP Lawr e , Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205,''/ Michele M. Bradford, Esq., Id. No. 60849 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 ainti ff N' j? w ,R o I ? s for 3Pl 9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-2365 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. Plaintiff (s) From JOSEPH I. TOPPER (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 $126,054.58 L.L.S.50 Interest FROM 02/01/2011 to Date of Sale ($20.72 per diem) Atty's Comm % Due Prothy $2.00 Atty Paid $253.80 Other Costs Plaintiff Paid Date: 2/23/11 David D. Bell, Prothonotary (Seal) B : Deputy REQUESTING PARTY: Name: MICHAEL M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 v N N y n ? N A 0 l? t? M P. ?N Sri W r•.? O C3. Oa?7 a D ? w?v a M W " Ol w? a Oa O U OU ?U CW7 ?a U > .. W in a? 04 O? O -v a? 0 O U Oo a4 w wtop a 0 N ? to h ?' ? O? ? ? t? OMO I? _ M ?Ip N\ON?pd ppl--I?M O`er C??DN?a, M?? Cw QMM N E! z A CN O H O C? 0 C oZ QZo?oO+Ny?j?o Ob C ozO C a ZZ?ZV o o c? oz Q.Z .b oz rab•d d ^ .-IZZZWZbW-d3 ^z d N y g w ^w ~^~^^ ~ 5 0 M w ?Wwooow ?www'°w.??wW ?Ww w o ti d. d k, o FP v ?Fx? ova ?E„ ? ?. 01 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff - r i?.? PUT?+?NOTAR a 2(!!! FEB 23 AM it? t ! ?U?tBERLAND CpUNT`? pENNS?'??ANt A Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. JOSEPH I. TOPPER Defendant(s) : NO.: 10-2365-CIVIL : CUMBERLAND COUNTY CERTIFICATION 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 authorities. By: Attorney fo lainti f Phelan Hallinan & Schmieg, LLP ? jFcis ence T. Phelan, Esq., Id. No. 32227 ? S. Hallinan, Esq., Id. No. 62695 el 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 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to CITMORTGAGE, INC. 'Plaintiff v. JOSEPH I. TOPPER Defendant(s) k Jill DEB 23 12 CUMgF R pN0 ?pUN? Y ?BN?SYLVp,NI A COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2365-CIVIL CUMBERLAND COUNTY PHS # 233591 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH I. TOPPER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 9714 FOUR POINTS ROAD ROCKY RIDGE, MD 21778-9729 103 PETERSBURG ROAD CARLISLE, PA 17013-3131 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. 4. 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. 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) TENANVOCCUPANT Domestic Relations of Cumberland County 103 PETERSBURG ROAD CARLISLE, PA 17013-3131 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division BONNIE HEIGHTS HOMES, INC. P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 7048 CARLISLE PIKE CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By. tg ?? # Attorn r P intiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 E] F cis 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 0 CITIMORTGAGE, INC. JOSEPH I. TOPPER 7111 f 1=B 23 AIM ? 12 ? PR?T? OSpTA? OF TN} vs UMSERLAND COUST`' pESSMVAN'A : NO.: 10-2365-CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 1`0: JOSEPH I. TOPPER JOSEPH I. TOPPER 9714 FOUR POINTS ROAD 103 PETERSBURG ROAD ROCKY RIDGE, MD 21778-9729 CARLISLE, PA 17013-3131 "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 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 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 courtjudgment of $126,054.58 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION 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 Yon may be entitled to a share of the money which was paid for your house. A proposed schedule of distritLition 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 OtTT 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. 10-2365-CIVIL CITIMORTGAGE, INC. VS. JOSEPH I. TOPPER owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 103 PETERSBURG ROAD CARLISLE PA 17013-3131 Parcel No. 40-22-0489-101 (Acreage or street address) it-tprovements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,054.58 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; long the Petersburg Road, a distance of 105 feet, more or less, to a point at line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a welling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania, 17013. UNDER AND SUBJECT to any restrictions, easements and covenants of record. TITLE TO SAID PREMISES IS VESTED IN Joseph I. Topper, adult individual, by Deed from Pamela A. Dunkleberger, adult individual, dated 12/05/2008, recorded 01/12/2009 in Instrument Number 200900822. PREMISES BEING: 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 PARCEL NO. 40-22-0489-101 i / -- --4 xm -0 nr" - am 70 tz; a ?. C) c'* N 1'gi C ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff Civil Division V. Court of Common Pleas CUMBERLAND County No.: 10-2365-CIVIL Defendant JOSEPH I. TOPPER RULE AND NOW, this day of 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 233591 BY THE COURT 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 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 `JOSEPH I. TOPPER 9714 4 POINTS ROAD ROCKY RIDGE, MD 21778-9729 Allisco We-its, EM pis JOSEPH I. TOPPER 103 PETERSBURG ROAD CARLISLE, PA 17013-3131 OOP ?/ lam 233591 233591 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Ort Penn Center Plaza PA 19103 l h d l Phi p ia a e 215-563-7040 CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLED , V. -C, = -r CIVIL DIVISION rnrn ?' - E X:70 ;xj JOSEPH 1. TOPPER NO. 10-2365-CIVIL = ' Defendant(s). D -» AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE D ? PURSUANT TO P.R.C.P., 404(2)/403 `; C'o ' I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to JOSEPH I. TOPPER on MARCH 11, 2011 in accordance with the Order of Court dated AUGUST 9, 2010. The property was posted on MARCH 20, 2011. Publication was advertised in CUMBERLAND LAW JOURNAL on MARCH 25, 2011 & in THE SENTINEL on MARCH 16, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHEL N HALLIN & SCHMIEG, LLP By: Phelan Hallinan & Schmiegg, LLP ?,awrence T. Phelan, Esq., id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esqq , Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., Id. Ko. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, l,sq. Id. f To. 86657 Peter J. Mulcahy, 1:s q,., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenayy R. Dunn, Espy., Id. No. 206779 Andrew C Bramblett, Es, Id. No. 208375 Allison Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Dated. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. Civil Division vs. No,09-2365 CIVIL. Joseph I. Topper ORDER AND NOW, this day of A94wz_ , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Joseph 1. Topper, by: 1. Posting of the premises: 103 Petersburg Road, Carlisle, PA 17013 by the Sheriff or a non-party competent adult; 2. First class mail to Joseph I. Topper at the last knows; address, 9714 Four PoirAs Road, Rocky Ridge, MD 21778-9729, and the mortgaged premises located at 103 Petersburg Road, Carlisle, PA 17013; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directeu: to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COIJRT: Cc: Joseph I. Topper J. 103 Petersburg Road Carlisle, PA 17013 Joseph I. Topper and TRUE COPY FROM RECORD 9714 Four Points Road M Testimony whereof, t here unto sec my Nand Rocky Ridge, MD 21778-9729 and the seat of said court at Carlisle, Pa. This 1Q„?toyr of , 20 PHSq 233591/cdf Protho ry a '? ?? O R rwq 7 x? U y L Z z? C xU= e aab w „= a0a ii ? L R vi ^O ? L y E. '? V1 ze o £ 0 l 6 b 300b diz w083 03-11M L LM L L 8VW 99ZLLZb000 ONTO $ WL z o 53M09 A1Nlld C Sol, II? r on c PC 0 a. ? T ? a W te P . x , a ,I +y •Y I, O V ? U .; M p„ p ",1,'y N o c C ? z o? G N I ? z I i H n. AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 233591 DEFENDANT SERVICE TEAM/ kxc JOSEPH I. TOPPER COURT NO.: 10-2365-CIVIL SERVE JOSEPH I. TOPPER AT: TYPE OF ACTION 103 PETERSBURG ROAD XX Notice of Sheriffs Sale CARLISLE, PA 17013-3131 SALE DATE: 06/01/2011 **PLEASE POST PROPERTY PER COURT ORDER** SERVED Served and made known to JOSEPH I. TOPPER , Defendant on theU r"day of ?-, 20 f t , at :03, o'clock A. M., at 1o3VI`Tw58Lja& P-A CIip l,.Ltx PA , 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/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. V Other: t?S ?Eta ? Ao P<z2T / . Description: Age / ` Height Weight Kace sex utner _ +? C. D Ab -(- , a competent adult, being duly sworn according to law, depose and state that I personally Pb-T7,'P I, Pzg-v hop&d 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 subscribed before me this of WL{? , Con ?DQ lI Notary: By: ?' NOT SERVED On the 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ acant _ Does Not Exist _ 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 PLAINTIFF TreORN Y a Ph L Francis S. flaltinan, 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq, Id. No. 93337 N Vivek Srivastava, Esq., Id. No. 202331 Lj I Jay B. Jones, Esq., Id. No. 86657 vC BQwY p , ` r P Peter J. Mukahy, Esq., Id. No. 61791 Andrew L. Spivk, Esq., Id. No. 620 .F N i y Yy Flliskos, Esq., Id No. 94 C hrisov?alante P 205047 N Joshua L Goldman, Esq., Id. o. Courtenay R. Dunn, Esq., Id. No. 206779 \A , 10? Andrew C. BrambleM Fsq, Id. No. 208375 ON$ C nv?-_ Allison F. Wells, Esq, Id. No. 309519 308951 Mill E Id N W lli E er, sq . o. i am . One Penn Center at SuKi an Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 r? r ? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 March 25, 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. SWORN TO AND SUBSCRIBED before me this 25 dU of March, 2011 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ;>?ti Z?' 01-? sa Marie Coyne, E (,).,d?or CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S BALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-2365-CIVIL CITIMORTGAGE, INC. VS. JOSEPH I. TOPPER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JOSEPH I. TOPPER Being Premises: 103 PETERS- BURG ROAD, CARLISLE, PA 17013- 3131. Being in SOUTH MIDDLETON Township, County of CUMBERLAND, Commonwealth of Pennsylvania. 40-22-0489-101. Improvements consist of residen- tial property. Sold as the property of JOSEPH 1. TOPPER. Your house (real estate) at 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 is scheduled to be sold at the Sheriff's Sale on JUNE 1, 2011 at 10:00 A.M., at the CUMBER- LAND County Courthouse to enforce the Court Judgment of $126,054.58 obtained by, CITIMORTGAGE, INC. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Mar. 25 • J PROOF OF PUBLICATION Stag; of Pennsylvania, County of Cumberland Jackie Cox, Retail Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 16, 2011 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2365-CIVIL CITIMORTGAGE, INC. vs. JOSEPH I. TOPPER NOTICE 1.0: JOSEPH I. TOPPER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" Being Premises: 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 Being in SOUTH MIDDLETON township, County of CUMBERLAND Commonwealth of Pennsylvania 40-22-04$9-101 Improvements consist of residential property. Sold as the property of JOSEPH I. TOPPER Your house (real estate) at 103 PETERSBURG ROAD. ARLISL PA 17013.3131 is schedulbtlto be sotd'at thSheriff s S9 e1 on JUNE 1 2011 at 10:0 AM, at the CUMBERLAND County Courthouse to enforce the Court Judgment of $126,,,054.56 obtained by, CITIMORTGAGE. IN C. (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that: he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement: as to time, place and character of publication Sworn to and subscribed before me this Ut.. Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 '. f^_'J?i.eL 1 I PROTH0N0 TAR' 201 11 P, 20 VII II: 3 .V4BERLAND COUNT"f' PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas V. JOSEPH I. TOPPER Defendant Civil Division CUMBERLAND County No.: 10-2365-CIVIL CERTIFICATION OF SERVICE 233591 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 3, 2011 was sent to the following individual on the date indicated below. JOSEPH I. TOPPER JOSEPH I. TOPPER 9714 4 POINTS ROAD 103 PETERSBURG ROAD ROCKY RIDGE, MD 21778-9729 CARLISLE, PA 17013-3131 Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. P Lsq., 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 0"Sheetal R. Shah-Jani, Esq., [d. 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 233591 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION er ' "T1 _ y JOSEPH I. TOPPER Defendant(s) No.:10-2365-CIVI L r N AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 a f COMMONWEALTH OF PENNSYLVANIA ) ca `? PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certifi Return Receipt stamped by the U.S. Postal Service is attached hereto i `A" C 1 Lawrence T. P elan, Esq., Id. No. 37227 ? Francis S. Ha man, 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 Date: 1 IMPOR ANT 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 # 233591 } a' N O t 0 a? r? x? U v or zM 4 ?a ? a s a0a V L ? rn a? C zdc a F $ $ ?N' E C N p e ? 9 E" £ o l6 l 3a0-3diz wow amivw ?.2 LLoz 6Z2jvw 9SZLLW`ooo . Z5 N $ g 8?e 3 Gb O ? C%A N E6 ? . ?x ? ao y y?? r ?° Sg?Q r.y N rl C O W ? N a a y ? V 's S. a w a o a ? d u u ? H W o a ° E A, `* `F a u i N a . v L O O c M z co OO Oy Ma a rvM? M M N U ra - IN M 'ct Y1 ?O t? 00 O? O N M rn M M N O CD L 'Q M ?o ?a C V dd a r Oa W U d x Ow 'C L ?v ze o s o L 6 L 3aoo az woa? anyvi LLOZ LLum 99ZL Zb 0 a L 0 0 oz9ZO$ WLZO .. ' g s?nnoe,uw,a ?? ? i` ? u O d I I. e a w 0 ` h u P. a ? O N a°w .? a w?? aao wt7? a h g a w w? d ? O?V Ors?o . ? a N off ° a? aw~ Dy x'> z w U OR o wa 2od U ? Fx .. V? a • r "? x x x x x x * x ,? x * x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x u C y o? 9 .-? N v) \Q t- 00 a, O N ?' h z y I? c ,?f a Q ao v =Mod t g ? za0 l ?? o 9 1011, 1 3000 gz wOad 031'" 95ZLLZ4000 Z? lLO Wl ZO ? O S d. '$ ? ? ° ° a 1SOdS?'a . 1 l i $ a,t a „w y y L b d ° a = • Q?' `fi v g. ? ? =0 .N • U ? 's` fs5 ? n a . ? O A ,,,? 40 d n d ? ? .h.. E ap O n L M '.+ d h n N v? O '?' at .+ h .O ? L h n ' a w O h A Or h ? a: ? ? vUMao o w .., ?U o°? 0 3 ... = ohad. ? ? Ada L ., E~ a ?a d ., a + o?,? o'aa ? ,.., o ;v =bH ?a W r, ?U.,"?pd ?,; a 'o OW aoxd °?b` dT to'?,o no x oa a?,,, W x C. 4 w Ha s a?w 8 is ? [ w N a a.?? n caLA^ m0 e ° rU a o g L a B ?U 62 ??+ a a =?+ o? 8 G L .2 E m L. a .0 C c < 4) ? L wr? g 1 .I e F•c W G4 H z z 3 a0 z W E IS4u M AO U7 .+U00 e, O C? UArs;O $ ?..?.?r? f/J V1 '? 00 q? DD?,fNVm p, ? C> '= atl A?Wa3x L L O D q s Uaa ?o0 p d W U ?.? h c-a z v C a .? N e+'! Q Rn ?D h oo O? ? ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND Court'' JOSEPH I. TOPPER No.: 10-2365-CIVIL Defendant =) -,c ORDER AND NOW, this /4- day of 2011, upon consideration of Plaintiff s' co Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $113,403.59 Interest Through June 1, 2011 $13,703.00 Per Diem $22.53 Late Charges $194 95 Legal fees . $1,300.00 Cost of Suit and Title $2,883.62 Property Inspections/ Property Preservation $2 639.58 Escrow Deficit , $2,676.01 TOTAL $136,800.75 Plus interest from June 1, 2011 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. t BY TH COURT: ?o?oshc?a.I. Goldmouc. ?M ? . ?, op 51t'7111 J. oeeph 1.7?PPer-OXA 233591 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i Sheriff rf ! - Jody S Smith' r'ft Chief Deputy 2: - Richard W Stewart MiSE ,L a Solicitor ?' E Fi ? S`f ?/ A NIA A Contimortgage Inc vs. Case Number Joseph I. Topper 2010-2365 SHERIFF'S RETURN OF SERVICE 03/30/2011 Ronald Hoover, Deputy Sheriff, 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 103 Petersburg Road, Carlisle, PA, Cumberland, County. 04/04/2011 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Joseph I. Topper at 9714 Four Points Road, Rocky Ridge, MD 21778. The return receipt card was signed by Joe Topper on 3/25/11 and returned to the Cumberland County Sheriffs Office. 06/01/2011 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, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $742.58 August 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF L ?rd 9 ?,?j COtlltirjUllf:' :irE;r `I. (?(?i?J5 ?(. 11'.c;. - CI4MORTGAGE, INC. Plaintiff V. JOSEPH I. TOPPER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2365-CIVIL CUMBERLAND COUNTY PHS # 233591 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOSEPH I. TOPPER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 9714 FOUR POINTS ROAD ROCKY RIDGE, MD 21778-9729 103 PETERSBURG ROAD CARLISLE, PA 17013-3131 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 quid: 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. V Name and address of every other person of whom the plaintiff has knowledge who has any interest in the proerty which ma be affected by tie sale: p y Name TENANVOCCUPANT Domestic Relations of Cumberland County Address (if address cannot be reasonably ascertained, please indicate) 103 PETERSBURG ROAD CARLISLE, PA 17013-3131 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division BONNIE HEIGHTS HOMES, INC P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 6'h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 7048 CARLISLE PIKE CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the P, =aalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 - By: tto6yP intiff Phelan Hallinan & Schmieg, LLP E] La ence T. Phelan, Esq., Id. No. 32227 ? F cis 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 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 CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 10-2365-CIVIL JOSEPH I. TOPPER Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSEPH I. TOPPER JOSEPH I. TOPPER 9714 FOUR POINTS ROAD 103 PETERSBURG ROAD ROCKY RIDGE, MD 21778-9729 CARLISLE, PA 17013-3131 * *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 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 is scheduled to be sold at the Sheriffs 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 $126,054.58 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happmed, 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 Yogi mad h? e-it;tled to a share of the money which was paid for your house. A proposed schedule of <<' ' z t!" : P; W ey bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale 'I he 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 1 . "1 ` r A RE 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. 10-2365-CIVIL CITIMORTGAGE, INC. vs JOSEPH 1. OPPER owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1_03_ PETERSBURG ROAD, CARLISLE, PA 17013-3131 Parcel No. 40-22-0489-101 (Acreage or street address) 1n1P1L V;,111'?1W!,thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,054.58 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; I Petersburg Road, a distance of 105 feet, more or less, to a point at line of land now or wonerty of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said P( ,ersburp P' gad in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwt: a ',?tarse which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania, 17013. <?t h_ iitv$J' SUBJECT to any restrictions, easements and covenants of record. TITLE TO SAID PREMISES IS VESTED IN Joseph I. Topper, adult individual, by Deed from Parnela A. Dunkleberger, adult individual, dated 12/05/2008, recorded 01/12/2009 in Instrument Number 200900822. PREMISES BEING: 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131 PARCEL NO. 40-22-0489-101 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-2365 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. Plaintiff (s) From JOSEPH I. TOPPER (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 $126,054.58 L.L.$.50 Interest FROM 02/01/2011 to Date of Sale ($20.72 per diem) Atty's Comm % Due Prothy $2.00 Atty Paid 5253.80 Other Costs Plaintiff Paid Date: 2/23/11 David D. uell, Protho otay? (Seal) B : C-/yy Deputy REQUESTING PARTY: Name: MICHAEL M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whsreof, i here into set my hand and the seat of said Court at Carlisle, Pa. This ...? day of , 20 .LL_ L-6 Prothonotary 41 4 G Supreme Court ID No. 69849 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 103 Petersburg Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate=Coor inator CUMBERLAND LAW JOURNAL Writ No. 2010-2365 Civil Contimortgage Inc. VS. Joseph I. Topper Atty.: Daniel J. Schmieg CITIMORTGAGE, INC. vs. JO- SEPH I. TOPPER, owner(s) of prop- erty situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being 103 PETERSBURG ROAD, CARLISLE, PA 17013-3131. Parcel No. 40-22-0489-101. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $126,054- .58. 83 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. ?-A\ - C,-- Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite`300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4 e Patti* ot-News 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: 04/22/11 04/29/11 05/06/11 f?M"?uw? ? L? Sworn to a ubscribe re m this 23 of May, 2011 A.D. cnD1OXrGAf, a1C. vs. JOSEPH L-TOPKM oww of pr"edK 'eitwte M the TOPOF`9C1LMMUML Ox, Notary Public Q mbert C.", fcet eia, berg 1103 TW URG ROAD, CARUSIZ PA 17013-3131 COMMONWEALTH OF ParoelNo.40-V-4 9-101 l PENNSYLVANIA (A? ortte ) Sherrie L sew thet w RESIDENTIAL, i i K?sner, Notary Public over Paxton Twp., Dauphin Conn Jill AtrXR t`. 5126,054.58 MY C0"ssion Expires Nov. 26, 20 1 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 23 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2365, at the suit of CITIMORTGAGE, Inc. against Joseph I. Topper is duly recorded as Instrument Number 201121383. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. ?.U ll I Recorder of ,over of Deeds, CwrbedwW Cotx4 Cefi* PA Commission Fxires the Fret Monday of Jan. 214