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HomeMy WebLinkAbout10-4502Phelar `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., ld. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 vienine 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. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff v. NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 Defendants ~." "t i r ~ _ _ ,; , ,, ATTORNEY FOR PLAINTIFF 241645 COURT OF COMMON PLEAS CIVIL DIVISION TERM No. I O - ~5aa C; v i t~errn CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 241645 ~qa. oo P p gym/ e~ q7~ 88a ~~ auy~81 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 #: 241645 1. Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 who islare the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK /HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200731721. 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 11 /01 /2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 241645 6 The following amounts are due on the mortgage: Principal Balance Interest 10/01!2009 through 06/17/2010 (Per Diem $26.2167) Attorney's Fees Cumulative Late Charges 07/31!2007 to 06/17/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8. $136,701.37 $6,798.83 $650.00 $139.62 $550.00 $1,080.63 $145,920.45 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 #: 241645 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $145,920.45, together with interest from 06/17/2010 at the rate of $26.2167 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. & SCHMIEG, LLP By: v ^ wrence T. Phelan, q., Id. No. 32227 F ncis S. Hallinan, sq., Id. No. 62695 ^ iel G. Schmieg, Esq., Id. No. 62205 ^ ichele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ CIu'isovalante 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 #: 241645 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pipe at line of lands now or late of S. 5. Newcomer; thence in a westerly direction along the southern line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 of the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along the northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the place of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected atwo- story frame dwelling house known and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. PROPERTY ADDRESS: 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 PARCEL # 37-23-0555-308 File #: 241645 VERIFICATION l~~u Q i .IP ~ hereby states that he/she is ~Ot'eciosure Analyst of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: ~ A~~ 1~~ ,~ DATE: V `~(.. 2.~ O I ~ Title: Servicer: CITIMORTGAGE, INC. PHS#: 241645 Name: BOSWORTH SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~_„ , , Sheriff ~~tr ~f u~nbrr~r .._ T Jody S Smith ~ ,-~'~. ^~n ~ Chief Deputy ~` ; ~p,~ ~~G~r+~ L V ~ v r ~^ t ~~ ,.~ Richard W Stewart ,~~ ~ ; 210 ~ (?.~ ~ a ,~r.. _ l t t~fi~ / SOhClfOl' ~FFrCE ~~F'HES~ERIFF '~ "~ ~+~tp ~ l.l', -... - -; }, ~ ~ _ .. •I Citimortgage Inc Case Number vs. 2010-4502 Nicholas B. Bosworth (et al.) SHERIFF'S RETURN OF SERVICE 07/08/2010 Ronny R. Anderson, Sheriff vtho being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholas B. Bosworth, but was unable to locate him in his bailiwick. He therefore delputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 0 7/0 812 0 1 0 Ronny R. Anderson, Sheriff viVho being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jody L. Green, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/12/2010 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2010 at 1716 hours, he served a true,copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ocdupant of 412 E. Main Street, Shiremanstown, PA 17011, by making known unto Eric Barber, current resigent at 412 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its conteints and at the same time handing to him personally the said true and correct copy of the same. 07/12/2010 05:16 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2010 at 1716 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nicholas B. Bosworth, by making known unto Eric Barber, adult in charge at 412 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARR C , DE 07/13/2010 Ronny R. Anderson, Sheriff, yvho being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jody L. Green, but was unable to locate her in his bailiwick. He therefore returrys the within Complaint in Mortgage Foreclosure as not found as to the defendant Jody L. Green. Current residents of 412 E. Main Street, Shiremanstown, PA 17011 advised Deputies Jody L. Green has moved out. 07/23/2010 York County Return: And notrv, July 23, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nicholas B. Bosworth the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. Requst for service at 26 Umberto Street, New Cumberland, PA 17070 Nicholas B. Bosworth was not found. However, The New Cumberland Postmaster is delivering Nicholas B. Bosworth's mail to 26 Umberto Street, New Cumberland, PA 17070. 07/23/2010 York County Return: And no I~ ,July 23, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby cert ty and return, that I made diligent search and inquiry for Jody L. Green the defendant named in the withi Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. Requst for service at 26 Umberto Street, New Cumberland, PA 17070 Jody jL. Green was not found. However, The New Cumberland Postmaster is delivering Jody L. Green's mail to 26 Umberto Street, New Cumberland, PA 17070. (cj CountySuite Sheriff, Teleosoff, Inc. SHERIFF COST: $154.00 August 09, 2010 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF (cj CountySuite Sheriff. TeleosoR. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff ~ Solicitor ..,, Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration CITIMORTGAGE, INC. Case Number vs. NICHOLAS B. BOSWORTH (et al.) 10-4502 CIVIL SHERIFF'S RETURN OF SERVICE 07/23/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: JODY L. GREEN, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (GIMP) AS "NOT FOUND" AT 26 UMBERTO STREET, NEW CUMBERLAND, PA 17070. PER POST OFFICE CHECK ,MAIL IS DELIVERED TO ADDRESS GIVEN. 07/23/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: NICHOLAS B. BOSWORTH, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (GIMP) AS "NOT FOUND" AT 26 UMBERTO STREET, NEW CUMBERLAND, PA 17070. PER POST OFFICE CHECK, MAIL IS DELIVERED TO ADDRESS GIVEN. SHERIFF COST: $71.88 July 29, 2010 SO ANSWERS, CHIEF RE ZEAGER, AS ACTING SHERIFF RI HARD P KEUE BE HERIFF NOTARY Affirmed and subscribed to before me this gpMM6~M~~N ~~ PENNSYLVANIA 29th day of JULY 2010 _ NOTARIAL SEAL ~-5A L.7NORPE, NOTARY ~U~l-IO r::, ~' „iys~ .. s+, r. r~;~4~5..i i„ • F YORK, YORK COUNfiY ~~' I ~~jL / MY CQMM 6810N EXRiREB AIrO, ', ~, 3~1~ h CJtGtr 1 J.?f}??JA ?.s ?" ? 'gin; V4ll 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 Aheetal 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 vs. NICHOLAS B. BOSWORTH JODY L. GREEN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-4502-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ( S $10. oo P Q pmt C7Qggo10 dog 11 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELA LLINAN & SCHMIEG, LLP By: ? Lawrence T. Phel , Es ., Id. No. 32227 ? Francis S. Hallinan, sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 [Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 Date: September 2, 2010 /arm, Svc Dept. File4 241645 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~`-~~;~ at ~~rrnbr~f~~d `,,. . ~'~ ~; sr; C3F~~~%E Cif T~sE SHERIFF ~ ~I ~.sr ~~~~~~t _ Jody S Smith Chief Depufy Richard W Stewart SOiIClfOr Citimortgage Inc vs. Nicholas B. Bosworth (et al.) Case Number 2010-4502 SHERIFF'S RETURN OF SERVICE 10/01/2010 09:50 AM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on October 1, 201C at 0950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jody L. Green, by making known unto herself personally, at The Cumberland County SherifFs Office, 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 October 01, 2010 /~~ .~~ -.. JASO 10 ,DEPUTY SO ERS, RON R ANDERSON, SHERIFF (ci GounfySuit~: Sheriff, Teiecsofi. Inc. r ' ?trE. ?;?•if????;; h"-hr rr P i l :a Esc i 1 is i;. r s ? f?? i`? .? ? ? 1 r •..., . Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 215-563-7000 CITIMORTGAGE, INC. VS. NICHOLAS B. BOSWORTH JODY L. GREEN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 10-4502-CIVIL TERM ?, ? ?oasy? a og3? 241645 N PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NICHOLAS B. BOSWORTH, and JODY L. GREEN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $145,920.45 Interest - 06/18/2010 to 11/02/2010 $3,617.90 TOTAL $149,538.35 I hereby certify that (1) the Defendants' last known addresses are 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322,26 UMBERTO STREET, NEW CUMBERLAND, PA 17070-2624 and (2) that notice has been given in accordance with Rule 237.1, copy attached. ///-\ 1A ? Lawr>?ic 'I Phelan Esq., Id. No. 32227 ? Fr is . Hallin ,Esq., Id. No. 62695 ? Daniel G. c g, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 241645 PROTHONOTARY 241645 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. NICHOLAS B. BOSWORTH JODY L. GREEN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4502-CIVIL TERM 241645 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant NICHOLAS B. BOSWORTH is over 18 years of age and last known address is 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. (c) that defendant JODY L. GREEN is over 18 years of age and last known addresses are 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 and 26 UMBERTO STREET. NEW CUMBERLAND, PA 17070-2624. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: It 0 ? Lawr ric T. Phelan, sq., Id. No. 32227 Fr is S Hallinan, sq., Id. No. 62695 F] ? Daniel G. chmi , Esq., Id. No. 62205 ? Michele M. radford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 241645 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH CUMBERLAND COUNTY JODY L. GREEN Defendant(s) TO: JODY L. GREEN 26 UMBERTO ST NEW CUMBERLAND, PA 17070-2624 DATE OF NOTICE: October 22, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. MWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 119UNG 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. PHS # 241645 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 241645 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lawrence . Phelan, Es ., Id. No. 32227 Franci S. allinan, E. O,., Id. No. 62695 Daniel G. S ie sq., 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 Xhrisovalante 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ¦ t CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 104502-CIVIL TERM NICHOLAS B. BOSWORTH CUMBERLAND COUNTY JODY L. GREEN Defendant(s) THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EVIPORTANT NOTICE TO: NICHOLAS B. BOSWORTH 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 DATE OF NOTICE: October 22, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 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. PHS # 241645 a Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrenc Linan, , Esq. Id. No. 32227 Francis . HEsq. d. No. 62695 Daniel G. Sc , Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 , Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 241645 J . CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH CUMBERLAND COUNTY JODY L. GREEN Defendant(s) TO: JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 DATE OF NOTICE: October 22, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 11"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 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. PHS # 241645 I ' Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 241645 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE By: 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Phelan, Ejq., Id. No. 32227 Francis S. allinan, ., Id. No. 62695 Daniel G. SvtTie sq., 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 ¢hrisovalante 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due interest from 11/03/2010 to Date of Sale ($24.58 per diem) TOTAL S;,y. ob p.L 4--ffy 9,2.00 /Y•0o - ?c Note: Please attach description of property. PHS # 241645 NO.: 10-4502-CIVIL TERM C") N Q CUMBER€D iPUN'Y x rnm d M -*t (n -.C , rn -<:t> c p C7 xQ -,j - = n Z 2'?1 p $149,538.35 c C) o C-3 -< $2,949.60 $152,487.95 orney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 06 $ , co kt\.. C'4 cNn N 14 pW a ?a p v' ? O U N N •4 c!1 Q `^ d tO C/1 r- W O v ? w WO W OZ? ?' w O U W OkOa O.a Qa? ??L W JQ U ? 4U w `a CT ccn os 'd r C41 cn 0 %n C-A ?? O M r4 p p? p O Z cn en V'- Z n?o4a' O9?pj OZ Z vQi"C!~Z' 6 ?d qs"3 co y ? c7 ? t7 ? U u,; . P-a 666bbOCIooooao?l. a LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pipe at line of lands now or late of S. S. Newcomer; thence in a westerly direction along the southern line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 of the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along the northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the place of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected a two-story frame dwelling house known and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Nicholas B. Bosworth and Jody L. Green, single person, as joint tenants with the right of survivorship and not as tenants in common, by Deed from David B. Simpson and Shawna M. Simpson, h/w, dated 07/27/2007, recorded 08/13/2007 in Instrument Number 2007731720. PREMISES BEING: 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 PARCEL NO. 37-23-0555-308 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) FILED-OFFICE Attorneys for Plaintiff OF THE PROTHONOTARY 2010 NOV 24 PM 1:23 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CERTIFICATION : CIVIL DIVISION : NO.: 10-4502-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage (: ") the premises is non-owner occupied ( ) the premises is vacant 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. L . for Plaintiff ??? Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 12 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 I CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 104502-CIVIL TERM NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) CUMBERLAND COUNTY PHS # 241645 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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. 1. Name and address of Owner(s) or reputed Owner(s): c C C) ? Name Address (if address cannot be reasonably 3 0 --i ascertained, please so indicate) o rzn - NICHOLAS B. BOSWORTH 412 EAST MAIN STREET D N ?r- 6 SHIREMANSTOWN, PA 17011-6322 r z z -rn JODY L. GREEN 412 EAST MAIN STREET p o n SHIREMANSTOWN, PA 17011-6322 _ 2a Z .. ern 2. Name and address of Defendant(s) in the judgment: D Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/Harrisburg, National Association Commerce Bank/Harrisburg, N.A. 1102 Carlisle Road Camp Hill, PA 17011 3801 Paxton Street Harrisburg, PA 17111-1418 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. I 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 13 North Hanover Street Carlisle, PA 17013 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 unsworn falsification to authorities. November 19, 2010 -.E?;Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 By: omey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 CITWORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH JODY L. GREEN CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 SHIREMANSTOWN, PA 17011-6322 "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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 is scheduled to be sold at the Sheriffs Sale on 03102/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $149,538.35 obtained by cD CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an a=ouReme?t will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. rnEw z =r- x -n =M o M ;V •c r- rnr= -v rn X rv NOTICE OF OWNER'S RIGHTS cn -<z' c7 c° z o YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE z o 3 = y c =- ' ° ran To prevent this Sheriff s Sale, you must take immediate action: z N 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 has1appened, 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. 10-4502-CIVIL TERM CITIMORTGAGE, INC. vs. NICHOLAS B. BOSWORTH JODY L. GREEN owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 Parcel No. 37-23-0555-308 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $149,538.35 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pipe at line of lands now or late of S. S. Newcomer; thence in a westerly direction along the southern line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 of the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along the northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the place of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected a two-story frame dwelling house known and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Nicholas B. Bosworth and Jody L. Green, single person, as joint tenants with the right of survivorship and not as tenants in common, by Deed from David B. Simpson and Shawna M. Simpson, h/w, dated 07/27/2007, recorded 08/13/2007 in Instrument Number 2007731720. PREMISES BEING: 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 PARCEL NO. 37-23-0555-308 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4502 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From NICHOLAS B. BOSWORTH AND JODY L. GREEN (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 $149,538.35 L.L. $.50 Interest FROM 11/3/2010 TO DATE OF SALE ($24.58 PER DIEM) -- $2,949.60 Atty's Comm % Due Prothy $2.00 Atty Paid $328.00 Other Costs Plaintiff Paid Date: NOVEMBER 24, 2010 David D. Buell, Prothonotary (Seal] By: '49,01 lar? Deputy ) ( UESTING-PARTY: Name COVRTENAY R. DUNN, ESQ. Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 241645 DEFENDANT SERVICE TEAM/ laic o NICHOLAS B. BOSWORTH COURT NO.: 10-4502-CIVIL TE102 JODY L. GREEN rrnc SERV E NICHOLAS B. BOSWORTH AT: TYPE OF ACTION 77 - 412E ST MAIN STREET XX Notice of Sheriffs Sale 03/02/2011 SALE DATE Z;. r t`J .P' SHI : MANSTOWN, PA 17011-6322 .? SERVED Gel ? 3' o Serve d and made known to NICHOLAS B. BOSWORTH , Defendant on the day of bbcf?Oat 1 , o'clock t. M., at 4 a 'EAsTMA IN S Tess-T in the manner described below: --t D efendant personally served. 3fh/?eMgNST01ur1, }>A-y? A dult family member with whom Defendant(s) reside(s). Relationship is _ A dult in charge of Defendant's residence who refused to give name or relationship. _ anager/Clerk of place of lodging in which Defendant(s) reside(s). _ A gent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Desctiption: Age 30 Height 517 t Weight b 0 Race W /14 Other G? -A-i rn r:.. -.0 O r* --C. I, N Q NO L-%--, a competent adult, being duly sworn according to law, depose and state that I personally hand d a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case ? n the date and at the address indicated above. Sworn to and subscribed _'- befo me this _L"day KtN BEERI C" "ttT't' of Q C, 20 NOTARY N> is STq! E 0F NF, A ' 1,y No By: MY C0TviIv11SS10N Z '+ltPS r -'H'. 2013 NOT SERVED On t y 20_, at _ o'clock _. M., Defendant NOT FOUND because: ) _ Does Not Exist on at Service Refused Other: Swo to and subscribed befo e me this day of By: Notary: Moved - Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmte8, 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. Taints, 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 Allison F. Wells, Esq., Id. No. 309519 one Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 14181 Philadelphia, PA 19103-1814 (215) 563-7000 .4 41k AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 241645 V1JAIN 1 SERVICE TEAM/ kxc )LAS B. BOSWORTH COURT NO.: 10-4502-CIVIL TERM L. GREEN n SERE JODY L. GREEN AT: TYPE OF ACTION 412 AST MAIN STREET XX Notice of Sheriffs Sale Mt77 SHI MANSTOWN, PA 17011-6322 SALE DATE: 03/0212011 ?M SERVED -<> 16 c-erv d and made known to JODY L. GREEN Defendant on he day of E.e4MUA20 j Served ' 6:2 , o'clock P_ M., at 1& UUE V157A QA, F9Oth,24 , in the manner described below: p efendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _dult in charge of Defendant's residence who refused to give name or relationship. anager/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. Other: e?-a c? c_. fV .) rn gF am ;?Qp CD 1 --f p ? -*t C:)-n ED t'3 Pl Age ;Z6-% Height ` Weight 130 Race W_ Sex _ F Other I, IWO1i1_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. * P44 IV100046 $05W)0fTq : KF6N b. T 4o" N67T Sword to and subscribed 'PR51M(A0 $.Q, INVt?Fr,TtSRnd?l 1>6CL 6&4? -tK*T AT. 6a g" /jaw before me this -30-A day P' I bC5 @ 6(6 BeUz_ WST-A Del. of DFC , 201 Not y: NOTSERVED On the ay 20at o'clock M., Defendant NOT FOUND because: _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) 4- No Answer on at at Service Refused Other: 9 LY CljXfy Sworn to and subscribed , ,()IARY v?{EL1C before me this day f ' p OF 'N ;ERSEY o y; STp; RPc MARCE i, 2013 NOta? y: '1 1viY CCU {" if?r " ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalBnan, Esq., Id. No. 62695 Daniel G. Schmteg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectol 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. FSakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Counenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambiett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 560.7(X)0 11F P""i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. NICHOLAS B. BOSWORTH JODY L. GREEN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Cavil Division CUMBERLAND County No.: 10-4502-CIVIL TERM CERTIFICATION OF SERVICE 241645 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 9, 2011 was sent to the following individuals on the date indicated below. NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 Phelan llinan & Schmieg, LLP DATE: Z- By: ?Zv,E??7f ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 241645 , r .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V., CIVIL DIVISION NICHOLAS B. BOSWORTH ' JODY L. GREEN No.: 10-4502-CIVIL TEI Defendant(s) - AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 _ LL 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 here ritrit? ,Esq., Id. No. 32227 bW, ?-awrence T. P Q-Ffam-t-S- allinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 gk-eW C;. Bramblett, Esq., Id. No. 208375 ? A Ilison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTA T N TICE: 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. Date: &')l ?, PHS # 241645 _P .r 0 ds N. ?R7 C: u ?. y i S z¢? ?r PILED-OFFICE O Tf;E ?i?,0 ENO#?OTt?R 2'11F ?!8 A lo-09 8 NNSYy.YAN A TY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NICHOLAS B. BOSWORTH JODY L. GREEN No.: 10-4502-CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE 241645 CITIMORTGAGE, INC., by and through its attorneys. Phelan Hallman & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. A Motion to Reassess Damages was filed with the Court on January 13, 2011. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on January 5, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Court on or about January 19, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on January 26, 2011, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 8, 2011. 241645 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: /7 // By. ? Lawrence T. Phelan, Esq., Id. No. 32227 [?'rands 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 241645 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NICHOLAS B. BOSWORTH JODY L. GREEN No.: 10-4502-CIVIL TERM Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 241645 A Motion to Reassess Damages was filed with the Court on January 13, 2011. A Rule was entered by the Court on or about January 19, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 26, 2011 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 8, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: ` / 7 By:, ? Lawrence T. Phelan, Esq., Id. No. 32227 [-Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 241645 Exhibit "A" 241645 0 0 7 a ? .-1 W o ? .Y x? U ? v ? « ?c z?fl .d.7 a 'o c a0a b L C h 6l C°e?e m zoo I C 1 G ry t, r :, ? o W c Y V ? ??? C A a v 20 c o E ? o ? o U ? N E ? ? .D cd N r O ? C L ? voo ue F U U L P s , w Oa 0' ? O mz < Q 7 O tI'S °' .? z w _ of a. LQ a? rA ow ?a Q? ao ' Z z W Ha c .o z U N Q C40 x u N a om a d H ..a ^.. N eh V' v1 ?p r oo O 21 cm V d' c`J PHELAN HALL:INAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing-Lenders in Pennsylvania and New.lersey January 5, 2011 NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 RE:. CITIMORTGAGE, INC. v. NICHOLAS B. BOSWORTH and JODY L. GREEN Premises Address: 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011 CUMBERLAND County CCP, No. 10-4502-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my. proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208:3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by January 10, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trulycrs .?- ,.-1_ awrencc; T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal-R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones,, Esquire Peter .l. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire / Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 241645 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff' Court of Common Pleas v. NICHOLAS B. BOSWORTH JODY L. GREEN Defendants Civil Division CUMBERLAND County No.: 10-4502-CIVIL TERM RULE AND NOW, this_ day of 4* 0e) 2011, a Rule is entered upon the Defendants 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. i3Y Tl I V II `I' 241645 Exhibit "C" 241645 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. N - 0134 Chrisovalante P. FIiakos, Esq., ?1'4620 Joshua I. Goldman, Esq., Id. No. Courtenay R. Dunn, Esq., Id. No. 20 Andrew C. Bramblett, Esq., Id. No. 20837`- Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. NICHOLAS B. BOSWORTHCUMBERLAND County JODY L. GREEN No.: 10-4502-CIVIL TERM Defendants CERTIFICATION OF SERVICE 241645 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 9, 2011 was sent to the following individuals on the date indicated below. NICHOLAS B. BOSWORTH JODY L. GREEN r 412 EAST MAIN STREET A SHIREMANSTOWN, PA 17011-6322 Phelan Irv Ilinan & Schmieg, LLP f DATE:.. By: [1 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 F1 Michele M. Bradford, Esq., Id. No. 69849 n 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 F? 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 Q Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ?' Courtenay R. Dunn, Esq., Id. No. 206779 Q Andrew C. Bramblett, Esq., Id. No. 208375 [] Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 241645 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: - J. / )0-. 1 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 241645 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. NICHOLAS B. BOSWORTH CUMBERLAND County JODY L. GREEN No.: 10-4502-CIVIL TERM Defendants CERTIFICATION OF SERVICE 241645 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 Phelan Hallinan & Schmieg, LLP DATE: By: LJ Lawrence T. Phelan, Esq., Id. No. 32227 D rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 241645 w ? A ': ED IN THE COURT OF COMMON PLEAS ." 1?"'FF CUMBERLAND. COUNTY, PENNSYLVANIA 4''' :':_ `` CITIMORTGAGE, INC. Plaintiff V. NICHOLAS B. BOSWORTH JODY L. GREEN ??R 21; ?M ': t, 7 ommon Pleas Court of Common'-Pleas'- Civil Division 1'E1t4NS 4t`1 ';, 4 t7 , CUMBERLAND County No.: 10-4502-CIVIL TERM Defendants ORDER AND NOW this day of - 2011, upon consideration of Plaintiff's 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 $136,701.37 Interest Through March 2, 2011 $13,582.36 Per Diem $26.22 Late Charges $139.62 Legal fees $1,325.00 Cost of Suit and Title $1,234.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $252.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($292.42) Escrow Deficit $4,710.86 TOTAL $157,652.79 Plus interest from March 2, 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. ? VAIA S HE* B TH 'Irro,,e. s Hall. ,,a,, Es '?N;?l?.ol2S ?. ?oSwar?/-? ?d/ L- GrYxk L??ltS /na .1ed aldM/l1 241645 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ? t¢ FILED-OFFICE 2111 JUL -5 PH 2: 12 CUMBERLAND COUNTY PENNSYLVANIA Contimortgage Inc vs. Nicholas B. Bosworth) (et al.) Case Number 2010-4502 SHERIFF'S RETURN OF SERVICE 12/30/2010 Robert B tner, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true co :)y of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 412 East Main Street, Shiremanstown, PA 17011, Cumberland County. 01/06/2011 01:13 P - Deputy Sheldon Marshall, being duly sworn according to law, served the requested Real Estate rit, Notice and Description, in the above titled action, by making known its contents and at the same ti a personally handing a true copy to a person representing themselves to be the Defendant, to wit: Nich las B. Bosworth at 412 E. Main Street, Shiremanstown Borough, Shiremanstown, PA 17011, Cumber/ nd County. 01/26/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry f r the within named Defendant, to wit: Jody L. Green, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, a "Not Found" at 412 East Main Street, Shiremanstown, PA 17011, however, atttorney effectuate( service. 03/02/2011 As dire( d by Phelan Hallinan & Schmieg, LLP, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/1 /2011 06/01/2011 As dire( d by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/01/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per lette of instruction from Attorney. SHERIFF COST: $691.62 SO ANSWERS, ill ? ^.. (Mr!'--_•_? July 01, 2011 RON R ANDERSON, SHERIFF CITIMORTGIGE, INC. 'Plaintiff r ' COURT OF COMMON PLEAS CIVIL DIVISION V. NICHOLAS B. BO?WORTH JODY L. GREEN Defendant(s) NO.: 10-4502-CIVIL TERM CUMBERLAND COUNTY PHS # 241645 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTG GE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was fil d, the following information concerning the real property located at 412 EAST MAIN STREET, SHIREMANSTOWN, 17011-6322. 2. 5. Name and addre ?s of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably I ascertained, please so indicate) NICHOLAS B. OSWORTH 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 JODY L. GREI N 412 EAST MAIN STREET I SHIREMANSTOWN, PA 17011-6322 Name and addre s of Defendant(s) in the judgment: Name I Address (if address cannot be reasonably SAME AS ABOVE ascertained, please so indicate) Name and last kc own 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Name and address of last recorded holder of every m ortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Ban arrisburg, 1102 Carlisle Road National Association Camp Hill, PA 17011 Commerce Ban arrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111-1418 Name and addre4 of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. . F 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 addri be affected by t Name TENANT/O( Domestic Rela Cumberland Commonwealt Department o Internal Reve U.S. Departm U.S. Attorney I verify that 1 knowledge or inforr of 18 Pa. C.S.A. § 4 November 19.2010 of every other person of whom the plaintiff has knowledge who has any interest in the property which may sale: CUPANT ions of ounty i of Pennsylvania Welfare ue Service Advisory [it of Justice or the Middle District of PA Address (if address cannot be reasonably ascertained, please indicate) 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 13 North Hanover Street Carlisle, PA 17013 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 statements made in this affidavit are true and correct to the best of my personal ion and belief. I understand that false statements herein are made subject to the penalties 04 relating to unsworn falsification to authorities. By: orney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 w CITIMORTGAGE, INC. Plaintiff VS. NICHOLAS B. B( JODY L. GREEN RTH COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4502-CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: NICHOLAS 412 EAST M SHIREMAN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY BOSWORTH JODY L. GREEN N STREET 412 EAST MAIN STREET OWN, PA 17011-6322 SHIREMANSTOWN, PA 17011-6322 * * THIS FIRM IS A D BT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FO THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (r al estate) at 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 is scheduled to be sold a the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Stre , Carlisle, PA 17013 to enforce the court judgment of $149,538.35 obtained by CITIMORTGAGE, NC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale i compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS U MAY ERIFF' S SALE To prevent this Sherit]Ps Sale, you must take immediate action: 1. The sale w 11 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 b 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 s le. (See notice on page two on how to obtain an attorney.) OU MAY STILL E ABLE TO SAVE YOUR VEN IF THE SHE FF'S SALE DOES TAKE AND RIGHTS 1. If the Sheriff's Sal 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 t 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 bu er. 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 unl ss 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 hav? 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 CA OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WH 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. 10-4502-CIVIL TERM INC. vs. NICHOLAS P. BOSWORTH JODY L. GREEN owner(s) of pr perty situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) No. 37 (Acreage or street address) thereon: RESIDENTIAL DWELLING JUDGMENT .MOUNT: $149,538.35 Phelan Hallinan & Schmieg, LLP Attorney for Pla' tiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, b )unded and described as follows, to wit: BEGINNING a an iron pipe at line of lands now or late of S. S. Newcomer; thence in a westerly direction along the southrn line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 o the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along he northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the ace of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Offi e at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected a two-story frame dwelling house own and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Nicholas B. Bosworth and Jody L. Green, single person, as joint tenants wi h the right of survivorship and not as tenants in common, by Deed from David B. Simpson and S awna M. Simpson, h/w, dated 07/27/2007, recorded 08/13/2007 in Instrument Number 2007731720. PREMISES BEING: 412 EAST MAIN STREET, SBJREMANSTOWN, PA 17011-6322 PARCEL NO. P-23-0555-308 COMMONWEALTH OF PENNSYLVANIA) NO 10-4502 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To sat?_sfy the debt, interest: and costs due CITIMORTGAGE, INC., Plaintiff (s) From NICHOLAS B. BOSWORTH AND JODY L. GREEN (1) You ai-e directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESl-RIPTION. (2) You ?re also directed to attach the property of the defendant(s) not levied upon in the possession of S) as follows: and to noti the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying an 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 ether than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee nd is enjoined as above stated. Amount D e $149,538.35 L.L. $.50 Interest FROM 11/3/2010 TO DATE OF SALE ($24.58 PER DIEM) -- $2,949.60 Atty's Comm % Due Prothy $2.00 Atty Paid $328.00 Other Costs Plaintiff Pitid Date: N4EMBER 24, 2010 I'LL avid 5- Buell, Prothonotary (Seal) Deputy REQUES ING PARTY: RTENAY R. DUNN, ESQ. Name C)7' Address: PHELAN HALLINAN & SCHMIEG LLP 4_17 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney ffir: PLAINTIFF Telephonej: 215-563-7000 Supreme d;ourt ID No. 206779 TRUE! COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the 5 ! of said &'t at Carlisle, Pa. This _ day of ?proth otary r- On December 2, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA, Known and numbered as, 412 East Main Street, Shiremenstown, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 B Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY 43F CUMBERLAND : Lis 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 f r 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, 28, February 4, and February 11, 2011 Law J matter of statements it further deposes that he is authorized to verify this statement by the Cumberland a legal periodical of general circulation, and that he is not interested in the subject aforesaid notice or advertisement, and that all allegations in the foregoing to time, place and character of publication are true. Lis Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 11 day of February, 2011 Notary J NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 0- CUMBERLAND LAW JOURNAL Writ No.12010-4502 Civil Citi ortgage Inc. vs. Nicholas B. Bosworth Jody L. Green Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10- 502-CIVIL TERM, CI- TIMORTGAG , INC. vs. NICHOLAS B. BOSWOR H, JODY L. GREEN, owner(s) of property situate in the BOROUGH F SHIREMANSTOWN, Cumberland ounty, Pennsylvania, being 412 AST MAIN STREET, SHIREMANS OWN, PA 17011-6322. Parcel No. 7-23-0555-308. Improvem is thereon: RESIDEN- TIAL DWELLI G. JUDGME AMOUNT: $149,538- .35. i I)e Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss CARLISLE PA 17013 i _ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Holly Blain, being (duly sworn according to law, deposes and says: That she is a Stai Commonwealth of Penns, Township of Hampden, C Patriot-News newspapers aforesaid; that The Patriot respectively, and all have That the printed n daily and/or Sunday/ Com Company is interested in 1 to the time, place and cha That she has per: behalf of The Patriot-New stockholders and board of in and for said County of [ Accountant of The Patriot News Co., a corporation organized and exis :irg under the laws of the vania, with its principal office and place of business at 2020 Technoloc y 'kwy, Suite 300, in the unty of Cumberland, State of Pennsylvania, owner and publisher of Th ? I:,atriot-News and The Sunday if general circulation, printed and published at 1900 Patriot Drive, in th ? City, County and State News and The Sunday Patriot-News were established March 4th, 185', and September 18th, 1949, een continuously published ever since; Mice or publication which is securely attached hereto is exactly as print(!d and published in their regular iunity Weekly editions which appeared on the date(s) indicated below. T hat neither she nor said ie subject matter of said printed notice or advertising, and that all of thf allegations of this statement as acter of publication are true; and mal knowledge of the facts aforesaid and is duly authorized and emp&,Wred to verify this statement on Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the lirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds 3uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY aloes 1lR C1MN N `. ©o" By virtue of a Writ of Eftum "on NO. 10.4502-CIVIL TERM CITIMORTGAGE, INC. VS. NICHOLAS B. BOSWORTA JODY L. GREEN owner(s) of property situate in the BOROUGH OF S TOWN, Cuniberind.Oounty, Penney being (M?) 412 EAST MAIN SHIREMANSTOWN, PA 17011-6 22 Parcel No. 37-23-0555.X8 (Acreage or street address) DWELLING thereon: RESID JUDGMENT AMOUNT.. 1149-5 35 MAL ?heTiatriot-lews Now, you know This ad ran on the date(s) shown below: 1/28/11 2/4/11 2/11/11 Sworn to and ub crib d before a th 22 Y,of February, 2011 A.D. Notary Public COMMONWEALTH OF fnNSYLVAN]A_ Notarial Seal Sherrie L Klgw, Notary Public Lower Paxton Twp., Dauphin County my Comi 6?ires Nov. 26, 2011 Member, Pennsylvania Association of ri_J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-4502 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 NICHOLAS B. BOSWORTH AND JODY L. GREEN (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 $157,642.79 L.L. Interest FROM 3/3/2011 TO DATE OF SALE ($25.92 PER DIEM) Atty's Comm % Due Prothy $2.00 Atty Paid $1057.12 Other Costs: Plaintiff Paid Date: DECEMBER 1, 2011 '?a(?60 Da u Proth notary (Seal) REQUESTING PARTY: Name ROBERT W. CUSICK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 80193 By: Deputy ? a _ PRAECIPE TO REASSESS DAMAGES P.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff NO.: 10-4502-CIVIL TERM CIVIL DIVISION V. NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) CUMBERLAND COUNTY PRAECIPE TO REASSESS DAMAGES To the Prothonotary: Kindly Reassess the Damages per the Court Order dated 2/23/2011 in favor of the Plaintiff and against NICHOLAS B. BOSWORTH and JODY L. GREEN, defendant(s). As Set Forth in the Order l14.00 ?CL 4A-f eIC-1 //3Z4.S , telm- ?. 7987 r .? ?Oitc.? in?.c $157.652.79 COURT OF COMMON PLEAS By: Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff W a' 47 C7 ' *"t r * ? t C , a CD , PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff ; v NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/03/2011 to Date of Sale ($25.92 per diem) TOTAL Note: Please attach description of property. PHS # 241645 -Azq-6z5 -PaL W / 5Y- 06 - Cosy . , q/. st, tQ,a.1.z ,, - 11 4;z . 0o a /lr . 0 - ' „ a:.y. o0 - & /q . oc) CIVIL DIVISION NO.: 10-4502-CIVIL TERM . CUMBERLAND COUNTY i '? C $157,652.79 rnrn =? 0.00 r a 157 652.79 r Phelan allinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff U-4` 8340$ jz-d- Z1, *K88 L. A ._..1.'c sccj[,- n.z 0 M M t -v s ca ?P rn -n N M IR r, O W ? x O "" ?' co zoo o a w `'1/1 O Q 10 a xW px "W 'cJ N O .? r O a? a Oa U off, o? ,? V V Q H w? r^ O W CA ? '? O o aka w o ? z? M aC> ao w? rU w, T LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pipe at line of lands now or late of S. S. Newcomer; thence in a westerly direction along the southern line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 of the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along the northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the place of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected a two-story frame dwelling house known and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Nicholas B. Bosworth and Jody L. Green, single persons, as joint tenants with the right of survivorship and not as tenants in common, by Deed from David B. Simpson and Shawna M. Simpson, h/w, dated 07/27/2007, recorded 08/13/2007 in Instrument Number 2007731720. PREMISES BEING: 412 EAST MAIN STREET, SIDREMANSTOWN, PA 17011-6322 PARCEL NO. 37-23-0555-308 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4502-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff n ? r •a :ZM rr, - :Zr C-7) r ?rT ? ?CD .` • ..-. 9 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH JODY L. GREEN , Defendant(s) CUMBERLAND COUNTY PHS # 241645 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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Nicholas B. Bosworth 412 East Main Street Shiremanstown, PA 17011-6322 ti C=-$ ,._ Jody L. Green 412 East Main Street °v -: --s Shiremanstown, PA 17011-6322 rri C--) _ 616 Belle Vista Drive 3> ! Enola, PA 17025-1318 r- -4 C C-? ?C: -ta CD 'n ? 2. Name and address of Defendant(s) in the judgment: C_ Fv Z ct C) ? r'= Name Address (if address cannot be reasonably -'' . ? Z '' ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/Harrisburg, N.A. Commerce Bank/Harrisburg, N.A. Cedar Cliff 1102 Carlisle Road Camp Hill, PA 17011 Loan Servicing 3801 Paxton Street Harrisburg, PA 17111-1418 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 412 East Main Street Shiremanstown, PA 17011-6322 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 unsworn falsification to authorities. Date: By: Phelan Hallin c mieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : NO.: 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH JODY L. GREEN CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NICHOLAS B. BOSWORTH JODY L. GREEN : ? ? JODY L. GREEN 616 BELLE VISTA DRIVE !r 412 EAST MAIN STREET ENOLA, PA 17025-1318 < LED SHIREMANSTOWN, PA 17011-6322 "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 B ANKRUPTCY, 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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $157,652.79 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. 10-4502-CIVIL TERM CITIMORTGAGE, INC. vs. NICHOLAS B. BOSWORTH JODY L. GREEN owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 Parcel No. 37-23-0555-308 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $157,652.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pipe at line of lands now or late of S. S. Newcomer; thence in a westerly direction along the southern line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 of the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along the northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the place of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected a two-story frame dwelling house known and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Nicholas B. Bosworth and Jody L. Green, single persons, as joint tenants with the right of survivorship and not as tenants in common, by Deed from David B. Simpson and Shawna M. Simpson, h/w, dated 07/27/2007, recorded 08/13/2007 in Instrument Number 2007731720. PREMISES BEING: 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 PARCEL NO. 37-23-0555-308 i' C -' Tt1 s 19 p Cpl rLEIIER! A LA U1 IT Y Pi=NNYLVAII A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff V. NICHOLAS B. BOSWORTH JODY L. GREEN : Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4502-CIVIL TERM RULE AND NOW, this [ day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response 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 Wthilsr. ' J. 3 241645 Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? NICHOLAS B. BOSWORTH JODY L. GREEN 412 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6322 ? JODY L. GREEN P.O. BOX 605 ENOLA, PA 17025 C'vp,e-s ma.led illq Ila V JODY L. GREEN 616 BELLE VISTA DRIVE ENOLA, PA 17025-1318 241645 4L 241645 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r=; r" -n 7°. Attorney for Plaintiff U7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v. NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) A CUMBERLAND COUNTkZ:) cj COURT OF COMMON PLEAS c CIVIL DIVISION No.: 10-4502-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: r CD -,, 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) nd/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto xhibit "A". Me ' sa J antwell, Esquire Attorney for Plaintiff Date: IMPORTAN 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 # 241645 EXHIBIT «A„ c c S e f a a? 9 ? ?g z<o w £ 01613000dIZ NONA 0911VW MZ BZAON BSZLLZbOOO 09£'£0 $ wi Z0 ?s ?. N.. olo i- F i s v o g a o a .?.g per. ? ? $ ? L N ?? r+ i «? p,, V7 5 a iT VI p 6 f?1 $ °e > e iL O Y ? `0 3 yry Y VJ Oa fV Y aY > ti ? O .? Ai ? ° v ?+. ° e?1 a 7 m • ? . ? < ' l G 3'?y Hils 'a'e?• y In .?.3?na' EpGa° s ?" °eP`. m 43.1io? ? ` oRa °p °' GAa ??E °a e? g eQ Y3•€ ? a•$ a ®.. ? Z? az Fe 8v?v v8a 9..o ??mNB ? ? v..? s vz.«c? $ 8 a ,g .? N e'f C N b l? rl O ? a ^ N e7 f Vi ? a s . F p a° a° ry C xu L V14 ? Nb V C 740 11 C 8 ???y R C> >. $ i d N v ? t i tJ '? q Wr "" ? g w w 0 a g? r w ? ? ??nevPi O x ern iS O ;" w 'ti OC F i d b U ? d ? ? CL V V ?e W x ? a c 161? d OM O a ° c ?? ?_rao tC o. ? c?'?,F? as -v d a rwn ?+ z ??„ ? z X30 ,n?R'? cc?? v .n C i? •k it •k •% is •k •% 'Z i •k •K •K •k 1 i? •N K •k d it K •% ' •k ?t it N •% k i? f •% •% j •k •% ? p I O ? ? N M et V? b n 00 f ? a W Q C, G O a CO N a 'b L C ?, v c° a z<o pdS? y nn o ? - m W F l ?o8?s O p O ? 6^ y Z S X F`? uyiH OG H W ? ? a v s a rn ?, O Z cs7 L7 ? U ? g O U5 "_7 G? z ° N N pr QI y N M et Vl ?o l? 00 O? N •M•+ ?• ti Z `.t t6 0 a N C7 p" O ;? 00 fU? ctdd a ^y ? N H l? y •d 9 4 X 4. z-00 0 V C V 6`? 1 S _ G4 K E K $ ? u w O u c $ u > o 0 HU.8 - N 4 G.. 8 W i I A 1 y 1 b Yd?' d 4 7 ? d w Gt2 txt O d " 0 a Q - O U O « .?. Gi o w p « o d d o ° c ? w k m 5 ? N Z Z O ? C •?p D.nr a ?? rp dD M o o CL •b d 6 °' •v ?e «s ; n 8 + . r ?. Ono d V "r C d ? In 'V„ s « 1?•? o 14 00 a .,, w 06 L N Q.1 .?.? O O ti cc 6 en O 4. 0 t- O C? G7 kn > +' ti' dD ?'•1 oC L a d d C C o " n V GG? ? o 0 04 co a ?..d ° COD o" Vv?? y., « pr a Ca-, .+wd h ; o ?o, add p. w v « E vCA g s :N o ?a a=a K ? c 6 ? Ls ao00 0 o f p y so d U as ?. V w !d .G 8 °" w t + j O .G c$: t q ca a « at .0 .12 ?d ?3 ,. z ° V z w W w Z N 8 m ?' S • or- p .o o. Q O ? o Q L. d ? O? ? ? J2 e ? E o V1 'O 00 P4 Ki7 Z H U fn U U.r C.? Q f.?. M •?sq V O Ux 0-"4 p `..?..g . r.N DDWN«`I: Qr t z * N -K it -k it it v N 41 'M * u t: d ol? 3 (n kn 00 g a a a x u cn dd Qz,, c a U C O C ? ? d C tv b zdC u .g bC gggg g e b o u •" .Mr o Ow. 9? 99 0 a 'o b 0 4 W a 'd N O W N o a •s J a C7 ? a ? ?" A N Q O a ea ^' Gz7 ? a cc? ? ?z o a 'b ? O W W (/? O ? x A U ? c z? ca .D z kn C N y N N W 'd ? T Qy ? al Y 5 ^" N M tT ul ?O 1? 00 Ch C N M trl 6w d- rv 0 CITIMORTGAGE, INC. Plaintiff V. NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) Jody L. Green AMENDED 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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. Name and address of Owner(s) or reputed Owner(s): Name Nicholas B. Bosworth 2 3 4. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4502-CIVIL TERM CUMBERLAND COUNTY PHS # 241645 Address (if address cannot be reasonably ascertained, please so indicate) 412 East Main Street Shiremanstown, PA 17011-6322 412 East Main Street Shiremanstown, PA 17011-6322 616 Belle Vista Drive Enola, PA 17025-1318 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/Harrisburg, N.A. Commerce Bank/Harrisburg, N.A. Cedar Cliff 1102 Carlisle Road Camp Hill, PA 17011 Loan Servicing 3801 Paxton Street Harrisburg, PA 17111-1418 `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) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Lower Allen Township Authority Daley, Zucker, Meilton, Miner & Gingrich, L.L.C. C/o Steven Paul Miner, Esquire 635 N 12TH ST STE 101 LEMOYNE, PA 17043 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 412 East Main Street Shiremanstown, PA 17011-6322 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 unsworn falsification to authorities. Date: kiN By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS J CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. NICHOLAS B. BOSWORTH CUMBERLAND County JODY L. GREEN No.: 10-4502-CIVIL TERM Defendants A ORDER AND NOW, this O;b day of rp? . 2012, upon consideration of Plaintiff's 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 $136,701.37 Interest Through March 7, 2012 $23,282.48 Per Diem $26.22 Late Charges $139.62 Legal fees $2,425.00 Cost of Suit and Title $1,737.00 Sheriffs Sale Costs $693.62 Property Inspections $414.00 Escrow Deficit $9,587.57 TOTAL $174,980.66 Plus interest from March 7, 2012 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. '? ? ?? j,'ssa S ?a ?,??e l / L , 6ree-h /3'• 6oSWo,- - Tod y eN ?F; rs wtu ??l<A ???r ??a C`7 r., BY T C rv M -n r" X -n rn z= ca ?- -Orn N CEO Jr- © : 2 Z;C A .. 241645 PHELAN 14ALLINAN & SCHMIEG, LLP R49;6? fbr Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 cat 2 FE 24 1617 JFK Boulevard Suite 1400 + R` 10: 13 One Penn Center Plaza !'"1?12ERL AID P -'NN,- Philadelphia, PA 19103 LVA ?y i. 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, V. NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-4502-CIVII. TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 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 attach d he to Exhibit "A". Me issa J. Cantwell, squire Attorney for Plaintiff Date: IMPORTA T 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 # 241645 EXHIBIT "A" S_ a' o aA y V ? w 0.7 U .-. r a. i ? b C N ?¢O G G C El a X R m W E u V YY l? "£3 V ? y0 „N.x f I Q) '? {?{?? ? g C p O ?.?5 •pyC 'o O vj O P O ?? NO O H C ? to A .A tn 00 I N o e ' gpgp rcm H w ? 4 N ? d E" i b U 4 d ? w ? O V 3 ?"• 0. W `u en Ar ? V ..hi ! F Yqq. ? ? ?' y a ? i Lei n 0 c ? v ? ? ? Q, C I 3' a° a CF ? G = W o O? a C c? •a? F ? 0; ?O Q _ ?., it E "x `o 0 > wlo ° wr;w W ?? sx. ? i l V A ?o ..: 04 N x •% •K ?k •K # j i? •k i? is •k it ? -!c : # is ? `v N ?K •k •K t •k # ! •U •K •K F V ( i w h O z •a ?. N M V' ? ? ? r 00 J Q V1 N O 0 M aO? >C d E 1 a° ae u 75 mV n u v ? a?OO v ? b z¢o f W U O V: p C% b N 0., C 0 Q W '!,y L c a C 'C7 ? Z d 0 L T ? u bb ? Q o .r i q N w } lyY? B? W SS O O O v N v .?CC m ? 5 ? .7 CGJI ? C MV ? ? V 8 W ? 8 CVVC u O ? rn O iY GL7 q '%'L r ? ? b v S a n fi , CT Gi ? W w ?' 4 F Q .G 0. O 6. W r "? W V V a ? ?v!yy? ? w a W a W a T ? ., y d ~ O ? r?r ? U 1C N ?D N o ¢ _- 44 m .5 O N M ? ? o& CN C> N O N U ? v C ? U C ro ?a U `3 n ?aro a, O aY, co V zdo w° exrN u I ? 6 ! t o C W e?Gg ? b ? ? $ Y b0 _ pp N ??1? ? V (J 69 ; O d .. 4 ,, {ppy O . V V }s5 U} 00 o u cn H ? d r ? "O C O V ? v, ? b o ? o ^? "Cy N .r ? O O S C? t5 > a ? o a G, b O N F" Z a N y ? t0 ?-+ y„ d W a ?,p ?, o E a w O ? a r O b ? ? W W Q ? ? C7 t7 `? x ? zB 14 A 0 A o Z z z Vl in CA N Ua •b a o ? .O ^^ N Cl ?' V) \O n 00 O? o cv rn v n F c? d' rv Q f3. O a? tin A4 a ? ? a c l? ld y 'b ?p ? a0i "K? 41 zQ0 F-T I r 4U G G a v M'Q V S ,a ro w s k" n J 1G dl hi U ? Vf O .. G ? v C y ,p ? U O 4 ? y CA . r P -a ° o c v? ? ` N N U xrn Liz 4> h z b .d V ° w w E d E V x .: o o .. t a ?d 0 11 o +'r IM, d R "? on d t w aN pea `+ p1 C s- r? o ?,rl ° M 0 ° - w Oi 0? d .y L °d ^d L ? V c a 0 a a' R d a a ?p. .d R gLnw ' V o r o -, aw d ^- ov,a Qd v ?'A a,vLO ?g d w6 i G d O c0 v 137 _ ea "?' _ -. R7 ? q d O SI hd q O R oa Rd a x a ?.+? O N 3° ?L pt, d .t, p.. F 7 R? o x 0 o ? ? ' d E E ti U E a. .c o ?S o f p .. a eM o ?c p?w v?v? d3 o :z Fev> UU..V U.?Mx V•-?V G1.•V 41 I y ? N kn ?O [? 00 a CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH JODY L. GREEN Defendant(s) CUMBERLAND COUNTY PHS # 241645 AMENDED 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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Nicholas B. Bosworth Jody L. Green 412 East Main Street Shiremanstown, PA 17011-6322 412 East Main Street Shiremanstown, PA 17011-6322 616 Belle Vista Drive Enola, PA 17025-1318 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/Harrisburg, N.A. Cedar Cliff 1102 Carlisle Road Camp Hill, PA 17011 Commerce Bank/Harrisburg, N.A. Loan Servicing 3801 Paxton Street Harrisburg, PA 17111-1418 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) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Lower Allen Township Authority Daley, Zucker, Meilton, Miner & Gingrich, L.L.C. C/o Steven Paul Miner, Esquire 635 N 12TH ST STE 101 LEMOYNE, PA 17043 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 412 East Main Street Shiremanstown, PA 17011-6322 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 unsworn falsification to authorities. ?i Date:( la. By. ?-----' •? Phelan Hallinan & Schmieg, LLP MELISSA J. CANTWELL, ESQ., ID. NO. 308912 Attorney for Plaintiff ;Ark ( -?- C,? AFFIDAVIT OF SERVICE (FHLMC) _TW°?) ? I t PNA PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. _ILI,iD, o'clock -P.M., at I11? , to the manner described below: a'. %/ Defendant personally served. 4AAA, 5 au , T - 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. Other: PHS # 241645 DEFENDANT SERVICE TEAM/ lxh NICHOLAS B. BOSWORTH COURT NO.: 10-4502-CIVIL TE RNI : S L Y F JODY L. GREEN txi t" SERVE NICHOLAS B. BOSWORTH AT: TYPE OF ACTION t C 616 BELE VISTA DRIVE XX Notice of Sheriff's Sale p Co _ w CUMBERLAND, PA 17025 SALE DATE: March 7, 2012 © -; • SERVED t ? j' Defendant on the (6 day of , BOSWORTH Served and made known to NICHOLAS B 20 CD . , Description: Age 30; Height _S '% " _ Weight I7 0 Race ?V Sex M Other xKW0A-rt4 Dofs ND I' A?-S??? `-- JoAk?lN. IIVV STt6A*rd? f7(S??TV: '?+F T I+f- W I-Plus CS ,I' SNOT SERVED 017 N-7414 SFy I?.:Zrl On the day of 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at I, Dn N k-,_p A16 U-- , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. S.4 . ?& ??s>n o F DATE: I NAME: 1 W 46 -,t9 t,_6 r(+A-T MA- PRINTED NAME: PNI'1z6 /t46 Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jay B. Jones, Esq., Id. No. 86657 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., M. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor LEC CUMBEPlAIND PE 14SYL'?`1; a1 ? Citimortgage Inc. S/B/M ABN Amro Mortgage Group Inc. vs. Nicholas B. Bosworth (et al.) Case Number 2010-4502 SHERIFF'S RETURN OF SERVICE 01/05/2012 07:26 PM - Deputy Shawn Gutshall, 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 412 East Main Street, Shiremanstown, Cumberland County, PA 17011. 01/06/2012 08:04 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jody L. Green at 616 Belle Vista Drive, Enola, PA 17025, Cumberland County. 01/12/2012 08:11 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: Nicholas B. Bosworth at 412 E. Main Street, Shiremanstown Borough, Shiremanstown, PA 17011. The address was found to be vacant. 02/21/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/16/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 7, 2012 at 10:00 AM. He sold the same for the sum of $101,000.00 to Amanda Gable, on behalf of Central Penn Capital Management, LLC. Central Penn Capital Management, LLC at 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to the Sheriff the sum of $106,904.00. 03/29/2012 Affidavit of Service on Nicholas B. Bosworth filed in the Sheriffs Office SHERIFF COST: $3,100.18 SO ANSWERS, April 17, 2012 RON R ANDERSON, SHERIFF S2' G L 6v?? - it y ?O? Proposed Schedule of Distribution Posted April 03, 2012 Writ No. 2010-4502 Citimortgage, Inc. VS Nicholas B. Bosworth Jody L. Green 412 East Main Street Shiremanstown, PA 17011 Sale Date: March 7, 2012 Bid Price: $101,000.00 Buyer: Central Penn Management LLC 100 South 7th Street, Akron, PA 17501 Real Debt: Interest: Attorney Paid Total: $157,642.79 $ 9,564.48 $ 1,057.12 $168,264.39 RECEIPTS: Received on December 19, 2011 (check 1132624) Received on March 7, 2012 (check 2588) Received on March 22, 2012 (check 002819) $ 1,500.00 $ 10,100.00 $ 96,804.00 TOTAL RECEIPTS $108,404.00 DISTRIBUTION: Sheriff's Costs: State Transfer Tax: Local Transfer Tax: Judy ProvvALocal Tax Collector: Lower Allen Township Authority - To include Lien No. 2011-6020 Refund of advance costs to Attorney Daniel Schmieg Paid to Citimortgage, Inc. for Writ No. 2010-4502 Civil Term Total Distribution: Balance So Answ s: R y R. Anderson Sheriff $ 3,100.18 $ 1,792.00 $ 1,792.00 $ 727.93 $ 672.90 $ 1,500.00 $98,818.99 ($108,404.00) 0.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2010-4502 Held March 7, 2012 EFFECTIVE DATE: March 7, 2012 PREMISES: 412 East Main Street, Borough of Shiremanstown, Cumberland County, Pennsylvania, Tax Parcel No. 37-23-0555-308 (the "Premises") RECITAL: Being the same Premises which David B. Simpson and Shawna M. Simpson, husband and wife, by their deed dated July 27, 2007 and recorded August 13, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200731720, granted and conveyed unto Nicholas B. Bosworth and Jody L. Green, single persons. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2012. 20. Subject to the legal operation and effect of the absence of a legal description pertaining to the Premises in the Sheriffs Notice of Sale. -2- 21. Subject to the rights of any spouses, if any, of Nicholas B. Bosworth and Jody L. Green. 22. Mortgage in the amount of $139,920.00 from Nicholas B. Bosworth and Jody L. Green to Commerce Bank/Harrisburg, N.A. dated July 31, 2007 and recorded August 13, 2007 at Instrument No. 200731721, assigned July 6, 2010 at Instrument No. 201017947 to Citimortgage. 23. Mortgage in the amount of $34,980.00 from Nicholas B. Bosworth and Jody L. Green to Commerce Bank/Harrisburg, N.A. dated July 31, 2007 and recorded August 13, 2007 to Instrument No. 200731722. 24. Judgment against Nicholas B. Bosworth and Jody L. Green in favor of Citimortgage, Inc. in the amount of $149,538.35 entered November 5, 2010 to No. 2010-4502, amended by Order of Court dated February 24, 2011 to $157,652.79 and amended by Order of Court dated February 21, 2012 to $174,980.66. 25. Judgment against Nicholas B. Bosworth and Jody Green in favor of Lower Allen Township Authority in the amount of $429.20 entered July 28, 2011 as a municipal lien to No. 2011-6020. 26. Judgment against Jody Lynn Green in the amount of $1,851.50 in favor of Cumberland County Adult Probation entered July 24, 2009 to No. 2009-5051. 27. Subject to the rights of others in and to that portion of the Premises adjoining or within Main Street and Courtland Alley. 28. Subject to the Agreements in Misc. Book 343, Page 942 and in Misc. Book 423, Page 54. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: 1 Keith O. Brenneman -3- Writ No. 2010-4502 Civil Term Citimortgage Inc. vs. Nicholas B. Bosworth Jody L. Green Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-4502-CIVIL TERM, CI- TIMORTGAGE, INC. vs. NICHOLAS B. BOSWORTH, JODY L. GREEN owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being 412 EAST SHIREMANSTOWN, PA 17011-6322. parcel No. 37-23-0555-308. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $1571- 652.79. EXHIBIT A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny' R Anderson. Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage Inc. S/B/M ABN Amro Mortgage Group Inc. vs. Nicholas B. Bosworth (et al.) Case Number 2010-4502 SHERIFF'S RETURN OF SERVICE 01/05/2012 07:26 PM - Deputy Shawn Gutshall, 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 412 East Main Street, Shiremanstown, Cumberland County, PA 17011. 01/06/2012 08:04 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jody L. Green at 616 Belle Vista Drive, Enola, PA 17025, Cumberland County. 01/12/2012 08:11 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: Nicholas B. Bosworth at 412 E. Main Street, Shiremanstown Borough, Shiremanstown, PA 17011. The address was found to be vacant. 02/21/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/16/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 7, 2012 at 10:00 AM. He sold the same for the sum of $101,000.00 to Amanda Gable, on behalf of Central Penn Capital Management, LLC. Central Penn Capital Management, LLC at 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to the Sheriff the sum of $106,904.00. SHERIFF COST: March 26, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. NO.: 10-4502-CIVIL TERM NICHOLAS B. BOSWORTH . JODY L. GREEN Defendant(s) CUMBERLAND COUNTY PHS # 241645 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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Nicholas B. Bosworth 412 East Main Street Shiremanstown, PA 17011-6322 Jody L. Green 412 East Main Street Shiremanstown, PA 17011-6322 616 Belle Vista Drive Enola, PA 17025-1318 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/Harrisburg, N.A. Commerce Bank/Harrisburg, N.A. Cedar Cliff 1102 Carlisle Road Camp Hill, PA 17011 Loan Servicing 3801 Paxton Street Harrisburg, PA 17111-1418 5. Naive and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 412 East Main Street Shiremanstown, PA 17011-6322 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 unsworn falsification to authorities. Date: By: d, K 01 Phelan Hallin c mieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 104502-CIVIL TERM NICHOLAS B. BOSWORTH JODY L. GREEN CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NICHOLAS B. BOSWORTH JODY L. GREEN JODY L. GREEN 616 BELLE VISTA DRIVE 412 EAST MAIN STREET ENOLA, PA 17025-1318 SHIREMANSTOWN, PA 17011-6322 "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 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $157,652.79 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. 10-4502-CIVIL TERM CITIMORTGAGE, INC. vs. NICHOLAS B. BOSWORTH JODY L. GREEN owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 Parcel No. 37-23-0555-308 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $157,652.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Shiremanstown Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pipe at line of lands now or late of S. S. Newcomer; thence in a westerly direction along the southern line of Main Street 50.07 feet to a point; thence S. 9 degrees 07 minutes E. along the line of Lot No. 10 of the hereinafter mentioned Plan of Lots 154 feet to Cortland Alley; thence in an easterly direction along the northern line of Cortland Alley 49.86 feet to a point; thence N. 9 degrees 02 minutes W. 154 feet to the place of BEGINNING. BEING Lot No. 11 on the Plan of Lots laid out by Paul L. Cressman, said plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, Page 66, and having thereon erected a two-story frame dwelling house known and numbered as 412 E. Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Nicholas B. Bosworth and Jody L. Green, single persons, as joint tenants with the right of survivorship and not as tenants in common, by Deed from David B. Simpson and Shawna M. Simpson, h/w, dated 07/27/2007, recorded 08/13/2007 in Instrument Number 2007731720. PREMISES BEING: 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322 PARCEL NO. 37-23-0555-308 WRIT OF EXECUTION and/or ATTACHMENT COMMQNWEALTH OF PENNSYLVANIA) NO 10-4502 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 NICHOLAS B. BOSWORTH AND JODY L. GREEN (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 $157,642.79 L.L. Interest FROM 3/3/2011 TO DATE OF SALE ($25.92 PER DIEM) Atty's Comm % Due Prothy $2.00 Atty Paid $1057.12 Plaintiff Paid Other Costs: Date: DECEMBER 1, 2011 (Seal) Da uel , Proth notary By: Deputy REQUESTING PARTY: Name ROBERT W. CUSICK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 80193 TRUE COPY FROM RECORD In Testimony whereof, I hero unto set my hand at Carlisle, Pa. Afft and they? ?of said This 1.,..:. day of / r , 20 ff?? Prothonota On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA, Known and numbered as, 412 East Main Street, Shiremanstown, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: eal Estate Coordinator J W '? V 6-1,1121 iio4 CUMBERLAND LAW JOURNAL Writ No. 2010-4502 Civil Term Citimortgage Inc. VS. Nicholas B. Bosworth Jody L. Green Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-4502-CIVIL TERM, CI- TIMORTGAGE, INC. vs. NICHOLAS B. BOSWORTH, JODY L. GREEN owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being 412 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6322. Parcel No. 37-23-0555-308. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $157,- 652.79. 25 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: January 27, February 3, and February 10, 2012 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. e (-,/"isa Marie Coyne, 96itor SWORN TO AND SUBSCRIBED before me this 0 day of Februai, 2012 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 14t Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 "1 he 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: 01/27/12 02/03/12 r 02/10/12 ' tU-L?? ... Sworn to d subscribed be ore me this y of February, 2012 A.D. Notary Public COMMONWEALTH PENNSYLVANIA Sherrie L. Owens, Notary Rt* Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2 cwt 20jo-A60oon9Sge Cp Vg svi??• G? ??e9 p0 n Boee?i?bn?°' e of awn,?RTA B°SwOt? ?s. the 00 ?1C80 gEE? s?t"ate u' S?00, B??bec\? ? ?T, 6322 $1? ? 3'I aJatess?$1??N? 4ateeeab? ?t stt `?eteo?• ??'? etneP? 15'16529 off,y? 00?.? ??DGNt? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Capital Management LLC is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2012, under and by virtue of a writ Execution issued on the 1 st day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4502, at the suit of Citimortgage Inc against Nicholas B Bosworth & Jody L Green is duly recorded as Instrument Number 201213209. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ day of A.D._ _ -,? 10, c rder of Deeds d ftd Can* Cereele,M 14 Conrr?ion 1Fy Fiat Haider dJen. 2014