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Home My WebLink About10-4062.y 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. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff v. SHARON S. JACOBY 2 CEDAR AVENUE MECHANICSBURG, PA 17055-4701 Defendant ,: t 2Git~..'~I~~ f r~ ~'~`i f2~ ~~~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ~~~s~~ b~ 236873 File #: 236873 ~~ 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 #: 236873 1. 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: SHARON S. JACOBY 2 CEDAR AVENUE MECHANICSBURG, PA 17055-4701 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, NATIONAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1956, Page 4651. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/27/2009 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 #: 236873 6. The following amounts are due on the mortgage: Principal Balance $50,219.47 Interest $1,695.39 01/18/2010 through 04/12/2010 (Per Diem $13.1950) Attorney's Fees $650.00 Cumulative Late Charges $0.00 06/20/2006 to 04/12/2010 Costs of Suit and Title Search $550.00 Escrow Deficit 5 379.64 TOTAL $58,494.50 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 236873 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $58,494.50, together with interest from 04/12/2010 at the rate of $13.1950 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. P ELAN HALLINA & SCHMIEG, LLP By: e ce T. Phelan, Esq., Id. No. 32227 ^ rancis 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 ^ 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 #: 236873 LEGAL DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Cedar Avenue (40 feet wide), which said point is in the division line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 1 and 2, South 27 degrees 35 minutes East, one hundred fifty (150) feet to a point; thence along the division line between Lots Nos. 1 and 40 on said Plan, North 51 degrees 15 minutes East, one hundred sixty-three and twenty-nine one- hundredths (163.29) feet to a point in the westerly line of Market Street extended (State Highway No. 114); thence along the westerly line of said Highway by the arc of a circle curving to the left, which said circle has a radius of two thousand eight hundred twenty-four and ninety-three one- hundredths (2,284.93) feet, in a northwesterly direction, for the arc distance of one hundred twenty-five (125) feet to a point in the southern line of Cedar Avenue, aforementioned; thence along the southern line of Cedar Avenue, South 62 degrees 25 minutes West, one hundred twenty (120) feet to a point in the division line between Lots Nos. 1 and 2, aforementioned, at the point and place of BEGINNING. PROPERTY ADDRESS: 2 CEDAR AVENUE. MECHANICSBURG, PA 17055-4701 PARCEL # 42-25-0030-093 File #: 236873 VERIFICATION lure Analyst 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 verify 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. Name: DAT l s ~aoly _ Title: /Analyst Servicer: CITIMORTGAGE, INC. File #: 23b873 Notary Public -Notary Seal Name: JACOBY State of Missouri Warcen County Commission # 10947162 MyConur~sionE~iresMarch 11,2014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From SHARON S. JACOBY (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 $60,183.46 L.L.$.50 Interest FROM 08/19/2010 TO DATE OF SALE ($9.89 PER DIEM) -- $2,838.43 Atty's Comm % Atty Paid $169.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 1/11/11, (Seal), Davi . Buell, rothonotary By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff v SHARON S. JACOBY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/19/2010 to Date of Sale ($9.89 per diem) TOTAL CIVIL DIVISION NO.: 10-4062 CUMBERLAND COUNTY 60183.46 MM M $2,838.43 C_ :=--,I -- ?. + { _z_ p? ?• ? 63 02 Y) *5 bv" Pd #.?-00 Q?, 60 cJL. b U n '?/t?9 • so Pd ?4?y 407-y aut ev V'.56 LPL ?' vI'S?'SG/ Note: Please attach description of property. PHS # 236873 Phelan Hallinan & Schmieg, LLP El Lawrence T. Phelan, Esq., Id. N Z2227 ? 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 ? An_&ew C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 .? o ? o cq Q ? a tiW i ?QU 3 Zo4Z ti 0Q4? W U Q (h N ;TI O? W a Oa O? UW ?U H ,c Oa U y U? ti 442, C? rA O w" O W eo U 064 O N 00 ? ???Nyyyyyy 3, p?p??MN zoN GON Q z O Oz ?z.onOO, N z O? p d ZQ zztiZ-0 c c o o Z ^Z ...z a?bb ? d'!ZZZ z °?Wb ° a, -- b o.?j GW q b WWW.65r W- r W ? W c' V1 W H H N ° O W W ^ W X+ % W W E?x n? ° aF`n `°3d3 0-5 u? ? ? ?x ? qq d y.s? qq ca u .1 A ICIOCIOCID000000130000 LEGAL DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Cedar Avenue (40 feet wide), which said point is in the division line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 1 and 2, South 27 degrees 35 minutes East, one hundred fifty (150) feet to a point; thence along the division line between Lots Nos. 1 and 40 on said Plan, North 51 degrees 15 minutes East, one hundred sixty-three and twenty-nine one-hundredths (163.29) feet to a point in the westerly line of Market Street extended (State Highway No. 114); thence along the westerly line of said Highway by the arc of a circle curving to the left, which said circle has a radius of two thousand eight hundred twenty-four and ninety-three one-hundredths (2,824.93) feet, in a northwesterly direction, for the arc distance of one hundred twenty-five (125) feet to a point in the southern line of Cedar Avenue, aforementioned; thence along the southern line of Cedar Avenue, South 62 degrees 25 minutes West, one hundred twenty (120) feet to a point in the division line between Lots Nos. 1 and 2, aforementioned, at the point and place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Sharon S. Jacoby, by Deed from Harold E. Hipple and Hazel I. Hipple, his wife, dated 07/21/1983, recorded 07/21/1983 in Book 30-H, Page 348. PREMISES BEING: 2 CEDAR AVENUE, MECHANICSBURG, PA 17055-4701 PARCEL NO. 42-25-0030-093 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff FILED-OFFICLE 2011 JAN 1 I P 3: 09 f,'UMBERLAND i'LU,F''TY E NNSYLVANIV . Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. SHARON S. JACOBY Defendant(s) : NO.: 104062 : 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 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. B aintiff 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 2 ? ew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 CITIMURTGAGE, INC. Plaintiff V. SHARON S. JACOBY Defendant(s) I lE ? BT 101140 ZIIJ?il P13. r,UMBEBI.ANB "BU; PENNSYl.VA, 1.-l, COURT OF COMMON PLEAS CIVIL DIVISION NO. • 10-4062 CUMBERLAND COUNTY PHS # 236873 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 2 CEDAR AVENUE, MECHANICSBURG, PA 170554701. 1. Name and address of Owner(s) or reputed Owner(s): Name SHARON S. JACOBY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 2 CEDAR AVENUE MECHANICSBURG, PA 170554701 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANISBURG, PA 17055 UPPER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP C/O ROBERT O. LIVINGSTON 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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 ?,,'.ich may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 2 CEDAR AVENUE MECHANICSBURG, PA 17055-4701 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 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 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 unworn falsification to authorities. January > 2011 By: A me tiff Phe an 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 ? And C. Bramblett, Esq., Id. No. 208375 [BAllison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE, INC. SHARON S. JACOBY F I :0-0FFli"; „O „r THE Ptjt" Plaintiff ?! ! JAN ! i PPS 3: 3 vs. CUMBERLAND C 0 La? ? '~` PENNS`?L4AI : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-4062 Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHARON S. JACOBY 2 CEDAR AVENUE MECHANICSBURG, PA 17055-4701 "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 2 CEDAR AVENUE, MECHANICSBURG, PA 170554701 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 $60,183.46 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 happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4062 CITIMORTGAGE, INC. vs. SHARON S. JACOBY owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 2 CEDAR AVENUE, MECHANICSBURG, PA 17055-4701 Parcel No. 42-25-0030-093 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $60,183.46 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Cedar Avenue (40 feet wide), which said point is in the division line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 1 and 2, South 27 degrees 35 minutes East, one hundred fifty (150) feet to a point; thence along the division line between Lots Nos. 1 and 40 on said Plan, North 51 degrees 15 minutes East, one hundred sixty-three and twenty-nine one-hundredths (163.29) feet to a point in the westerly line of Market Street extended (State Highway No. 114); thence along the westerly line of said Highway by the arc of a circle curving to the left, which said circle has a radius of two thousand eight hundred twenty-four and ninety-three one-hundredths (2,824.93) feet, in a northwesterly direction, for the arc distance of one hundred twenty-five (125) feet to a point in the southern line of Cedar Avenue, aforementioned; thence along the southern line of Cedar Avenue, South 62 degrees 25 minutes West, one hundred twenty (120) feet to a point in the division line between Lots Nos. 1 and 2, aforementioned, at the point and place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Sharon S. Jacoby, by Deed from Harold E. Hipple and Hazel I. Hipple, his wife, dated 07/21/1983, recorded 07/21/1983 in Book 30-H, Page 348. PREMISES BEING: 2 CEDAR AVENUE, MECHANICSBURG, PA 17055-4701 PARCEL NO. 42-25-0030-093 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-?63-7000 CORP TRUST BANK, FSB Plaintiff vs RON S. JACOBY Defendant Attorney For Plaintiff Court of Common Pleas Civil Division ' z c CD - -• CUMBERLAND County ?n° tv car, °:• G -! No. 10-4062 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 Y: Kindly substitute FV-1, Inc. in trust for Morgan Stanley Mortgage Capital ings LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as FV-1, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 07/12/2010 in Mortgage Instrument No. 201018643 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: 'iA riI 2 2011 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 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 Attorneys for Plaintiff PHS#: 236873 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CORP TRUST BANK, FSB Plaintiff vs N S. JACOBY Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 10-4062 PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: cm =M Y;_r k> C n r _ =n = = .P. zi Please mark the judgment in the above-captioned matter to the use of FV-1, Inc. in for Morgan Stanley Mortgage Capital Holdings LLC, located 4708 CANTILE DRIVE, FORT WORTH, TX 76137. Date: April 2C2011 PHELAN HALLIN & 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 Attorneys for Plaintiff OS"?`k % T.00 J>a AI? Gc 108 10so PHS#: 236873 #'"? ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FV-1, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC, use plaintiff. Date: April 2 (2011 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 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 Attorneys for Plaintiff PHS#: X36873 IN THE COURT OF COMMON PLEAS = OF CUMBERLAND COUNTY, PENNSYLVANIA cG a CITIMORTGAGE, INC. CUMBERLAND COUNZtY?rrn ?r- Plaintiff, -'13 COURT OF COMMON PS V. ?? ss s-s?rt CIVIL DIVISION SHARON S. JACOBY = r- C? r`` Defendant(s) No.: 10-4062 a ' 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/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto ?,0 "A'a Date: ql-V2- I( L_j Lawrence T. Phelinegsq., 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 O'<heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 # 236873 s E 4 ? j ? M ??dRW?? 8 $? w ,OL6?"3a Zy000 w 9SZLLW4 ZO 0.4 Nvr O s ?• O" zo ANN ti J WW? . In ?1 v? ? e 9 oa y i ? W ? N g -c a a FS " o a `. a >? 03 IV 8 . ?.Lw- Qa ?? ?? y •o W > g ?b a ? ? ? o?w 'o ink 16. v < 5 ? 0 W?aa ¢$!$? v 8 z ..G 8 q 09-0 3 v vi rwi e W Awa 04 z u a "" N M h O r+ N M a 'r iA . •? v-g E F ,? c E 0 L 6 L 9000 d¢ woad a311VYY E .S LLOZ 6z2jvvq 9SzLLzb000 ° o9z o $ wL zo . T 53MO9 A!Mj" ?. ?. 6 E2 ?6l ydd a? ?? C Wo h ? r ? `E E u Q OwN•5- a ?..E s. U'wa z ? U ; w w g cw ? a O w w ? FVpj py C W o ? G ?w x ACC ,+?"' U ?U? N 0o y Z 0 U ..a y ¢ 'c7 ti 8 c a d v3 ? t0 U• o G o WWaa°'.v ? Q •?A a-a Z 11 N ? v lzi x w? ° m cl E -ov? d O `? '" N M v kn \0 h o0 0? ° '" M v o M h• 00 ?o M N Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FV-1, INC. IN TRUST FOR Court of Common Pleas MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC Civil Division C Plaintiff CUMBERLAND County a vs ?y CJ1 No. 10-4062 SHARON S. JACOBY ? Defendant ,. PRAECIPE TO THE PROTHONOTARY: -. rn .,o C)° -C") -4 c?-r CDC-, Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. X Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: - (O IL-? C C PHELAN HA AN & SCHMIEG, UP By: Lawrence T. Phelan, Esq., Id. No. 32237 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. 205017 Courtenay R. Dunn, Esq., Id. No 2067 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 PHS# 236873 Attorneys for Plaintiff