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HomeMy WebLinkAbout10-6142Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 -- Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 249523 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. DAVID G. KENNERLY KIMBERLY A. KENNERLY 6307 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050-7300 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ! 0- (ol 4 A 0'.1virum CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE CS) ga.oo PA p-ny e 1COWoo ? d48?y°I File #: 249523 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 #: 249523 I . Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID G. KENNERLY KIMBERLY A. KENNERLY 6307 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050-7300 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/03/2003 DAVID G. KENNERLY and KIMBERLY A. KENNERLY made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1840, Page 3401. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2010 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 #: 249523 6 The following amounts are due on the mortgage: Principal Balance $136,093.41 Interest $3,303.04 03/01/2010 through 09/05/2010 (Per Diem $17.7108) Attorney's Fees $650.00 Late Charges through 09/05/2010 $1,385.74 Costs of Suit and Title Search $550.00 Escrow Deficit $1,433.79 TOTAL $143,415.98 7. 8. 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 #: 249523 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of • $143,415.98, together with interest from 09/05/2010 at the rate of $17.7108 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. PH N HALLINAN & SCHMIEG, LLP t 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 Attorneys for Plaintiff File #: 249523 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument at the westernmost comer of Lot No. 52 of the Hampden Hearth Phase II Final Plan, said point being located the following two courses from the centerline intersection of Valleybrook Drive and Ryland Drive: 1) along the centerline of Valleybrook Drive, South 33 degrees 32 minutes 35 seconds West, a distance of 296.00 feet to a point on the centerline of Valleybrook Drive; and 2) perpendicular to the centerline of Valleybrook Drive, South 56 degrees 27 minutes 25 seconds East, a distance of 25.00 feet; thence along said Lot No. 52, South 45 degrees 27 minutes 25 seconds East, a distance of 165.45 feet to a point on the northern line of Lot No. 108 of the Final Subdivision Plan for Hampden Hearth Phase IV prepared by Grove Associates, Engineers and Surveyors, dated March 18, 1994 and recorded in the Cumberland County Courthouse in the Office of the Recorder of Deeds in Plan Book 68, Page 66; thence along said Lot No. 108 and Lot No. 109 of the aforementioned Final Subdivision Plan for Hampden Hearth Phase IV, South 22 degrees 27 minutes 29 seconds West, a distance of 83.31 feet to a point at the easternmost comer of Lot No. 54 of the aforementioned Hampden Hearth Phase II Final Plan; thence along said Lot No. 54, North 77 degrees 33 minutes 23 seconds West, a distance of 196.87 feet to a point on the eastern dedicated right-of-way line of Newton Circle; thence along the eastern dedicated right-of-way line of Newton Circle, North 1 degree 37 minutes 26 seconds East, a distance of 61.73 feet to a point on the same; thence along the same by a curve to the right having a radius of 10.00 feet an arc length of 13.09 feet, the chord of said curve having a bearing of North 39 degrees 06 minutes 39 seconds East, and a distance of 12.17 feet to a point on the southern dedicated right-of-way line of Valleybrook Drive; thence along the southern dedicated right-of-way line of Valleybrook Drive, by a curve to the left having a radius of 125.00 feet, an arc length of 93.93 feet, the chord of said curve having a bearing of North 55 degrees 04 minutes 14 seconds East, and a distance of 91.74 feet, to a point on the southern dedicated right-of-way line of Valleybrook Drive; thence along the same, North 33 degrees 32 minutes 35 seconds East, a distance of 2.78 feet to a concrete monument, at the westernmost corner of the aforesaid Lot No. 52, the Place of BEGINNING. PROPERTY ADDRESS: 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300 PARCEL # 10-16-1062-169 File #: 249523 VERIFICATION Brooke Breedlove hereby states that he/she is Foreclosure Analystof CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, 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. Na Tooke Breedlove DATE: PHS#: 249523 Title: Foreclosure Analyst Servicer: CITIMORTGAGE, INC. Name: KENNERLY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff Smith = Chief Deputy Richard W Stewart t` Solicitor Citimortgage Inc Case Number vs. David G. Kennerly (et al.) 201:?14e Ronny Jody S R Anderson SHERIFF'S RETURN OF SERVICE 09/24/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kimberly A. Kennerly, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 0 912 4/2 0 1 0 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: David G. Kennerly, but as unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to sere the within Complaint In Mortgage Foreclosure according. to law. 09/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kimberly A. Kennerly, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Forecl sure as not found as to the defendant Kimberly A. Kennerly. Request for service at 205 Winding Way,?amp Hill, PA 17011 is occuped by the defendant's father in law. bailiwick. 09/28/2010 Ronny R. Anderson, Sheriff; who being duly sworn according to law, states ghat he made a diligent .search 11:40 AM -Dauphin County Return: And now October 4, 2010 at 1140 hours I, Jack Lotwick, Sheriff of -- Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the. within named defendant, to vJit: Kimberly A. Kennerly by making known unto herself personally, at 21 N. Market Street, Elizabethvill;,'PA 17023 its contents and at the same time handing to her personally the said true and correct copy oft the same. 10/11/2010 Ronny- R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kimberly A. Kennerly, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kimberly A. Kennerly. Kimberly A. Kennerly currently resides at ?1 N. Market Street, Elizabethville, PA 17023. 10/11/2010 and inquiry for the within named defendant to wit: David G. Kennerly, but as unable to locate him on his lHe therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant David G.,;Kernerly. Request for service at 205 Winding Way, Camp Hill, PA 17011 is occed by the defendant's father. 10/04/2010 Dauphin County Return: Arid now, October 4, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and enquiry for David G. Kennerly the defendant named in the within Complaint in Mortgage Foreclosureand hat I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Kimberly ? . Kennerly advised Deputies, David G. Kennerly currently resides at 6307 Valleybrook Drive, Mechanicsburg, PA 17050, 03:15 PM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on October 11, 2010 at 1515 hours; he served a true copy of the within Complaint in Mortgage Foreclosure, -upon the within named defendant, to wit: David G. Kennerly, by making known unto ? imself personally, at The Cumberland County Sheriff's Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. r`: C,ou?i;?Suit? gwff, Te,.r,sofl. In,. SHERIFF COST: $154.50 November 05, 2010 JASOWORAQ DEPUTY SO ??-VERS, N ANDERSON, SHERIFF Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CITIMORTGAGE INC. VS KIMBERLY A KE NNERLY Sheriff s Return No. 2010-T-3085 And now: OCTOBER 4, 2010 at 11:40:00 AM served the within FORECLOSURE upon KIMBERLY A KENNERLY by personally KENNERLY 1 true attested copy of the original COMPLAINT IN making known to him/her the contents thereof at 21 NORTH MARK 17023 OTHER COUNTY CASE # 20106142 So Answers, Sheriff of Daub Deputy: TINA FRANCIS Sworn to and say Plaintiff: CITIMORTGAGE INC. Sheriffs Costs: $84.5 9/29/2010 before me this. Out Of County Cost: ,, (D C of 'HIN CL J,NA Y IST MONDAY OMPLAINT IN MORTGAGE iding to KIMBERLY A DRTGAGE FORECLOSURE and C STREET ELIZABETHVILLE PA County, Pa. 20 rn'm? Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor 4 I [4IV V, 4 , 4- Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CITIMORTGAGE INC. VS KIMBERLY A KENNERLY Sheriff s Return No. 2010-T-3085 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsyl ia, do hereby certify and return, that I made diligent search and inquiry for DAVID G KENNERLY the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, OCTOBER 4, 2010. OTHER COUNTY CASE # 20106142 AS PER KIMBERLY KENNERLY DEFT DAVID KENNERLY DRIVE, MECHANICSBURG, PA So Answers, yk?e Sheriff of Da Deputy: TINA FRANCIS Plaintiff: CITIMORTGAGE INC. Sheriffs Costs: $84.5 9/29/2010 Out Of County Cost: AT 6307 VALLEY BROOK County, Pa. SHERIFF'S OFFICE OF CUMBERLAND , Ronny R Anderson _ Sheriff - U NTY Jody S Smith Richard W Stewart Chief Deputy Solicitor Citimortgage Inc . vs. Case Number David G. Kennerly (et al.) ; 2010-6142 SERVICE COVER SHEET Service Details: I Category.,'Civil Action - Complaint in Mortgage Foreclosure Zone: Manner: Deputize Expires: 10/22/2010 Warrant: Notes: Serve To: Name: Kimberly A. Kennerly Primary 21 NORTH MARKET STREET Address: ELIZABETHVILLE, PA 17023 Final Service: Served: Personally Adult In Charge Posted Other Adult In Charge: _ ...Phone: Relation: Alternate 6307 Valleybrook Drive Date: Time: i Address: Hampden Township y Mechanicsburg, PA 17050 Phone: Deputy: Mileage: Attorney / Oriuinator: Name: Francis S. Hallinan ? Phone: 215-563-7000 A482 Service Attempts: hate: 1 i Time: Mileage: Deputy: F Notes / Special Instructions: ---.------- --- -- -- --- - --- --- --- - ---- --- ------ Now, September 24, 20101, Sheriff of Cumberland County, Pennsylvania do hereby depu ize the Sheriff of Dauphin County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 l' R Anderson, Sheriff File # COUNTY OF DAUPHIN HARRISBURG, PA. Case Number 2010-T-3085 Operator: Primary Defendant: Cash Accounting 2555 KIMBERLY A KENNERLY J.R. LOTWICK FF OF DAUPHIN COUNTY OFFICAL RECEIPT COMPLAINT IN MORTGAGE FORECLOSURE Rec. Date Cat. Transaction Type Deposit Type Recei t Number Check From Amount 9/29/2010 Deposit County Civil Action-Notice Check 10-123 85 CUMBERLAND $84.50 Total Number of Rows: I Total Paid $84.5 RECD: BY ? P ? 1 9/29/20101:30:06 PM SFSL3 CK7SO8113L J ND COYATyit KRIF`?SCQL1AdTY COURTHOUSE, CARLISLE, PA 17013 Case Number: 2010-6142 Request Type: Civil Action Plaintiff: Citimortgage Inc Defendant; David G Kennedy Category: Miscellaneous - Deputize C)ther County Memo: Deputize Sheriff of Dauphin County 11w,ee Name: Dauphin County Sil'21-iI l C.ise Number: Request'Typc: Civil Aclion Plaintiff: Citinulrt1c? 111(2 Dcfcndanl; f )a?'id hC1111C1.h Cate!?nr?: Ali?ccll?in?uu5 I)clnltize Other CM11M 11cmo: Drputizc `;heriil of t)auphin Cou1111y I Check 78282 Date: 24 Sep 2010 Amount: $84.50 Greek 4: 73232 Dale: '_ I Sep 0 I H km0111W ??"4.jo i??c<- ? 1?ono uwsFlan?a .' EoRfo- FPCM YOUR LnCnc 5Arr -?Apv ., ,? _ _ -- L ? 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. VS. DAVID G. KENNERLY KIMBERLY A. KENNERLY Attorney for Plaintiff ?., C) - TI mmr1 _ 1Ti w.. .. Ca-r; ., C/ _ _...' : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6142-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID G. KENNERLY, and KIMBERLY A. KENNERLY, 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 Plaintiff's damages as follows: e''Da c ? 49523 As set forth in Complaint $143,415.98 Interest - 09/06/2010 to 11/18/2010 $1,310.60 TOTAL $144,726.58 I hereby certify that (1) the Defendants' last known address is 21 NORTH MARKET STREET, ELIZABETHVILLE, PA 17050, and mortgaged premises located at 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 1705 - 00, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ? 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: D-19-16 , &? - PHS # 249523 PROTHONOTARY 249523 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. DAVID G. KENNERLY KIMBERLY A. KENNERLY : No. 10-6142-CIVIL TERM AFFIDAVIT 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. 249523 (b) that defendant DAVID G. KENNERLY is over 18 years of age and resides at 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300. (c) that defendant KIMBERLY A. KENNERLY is over 18 years of age and last known address is 21 NORTH MARKET STREET, ELIZABETHVILLE, PA 17050, and mortgaged premises located at 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ')?? (I I? li Iti?f1?J 0 V November 18, 2010 ? 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 249523 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DAVID G. KENNERLY KIMBERLY A. KENNERLY : No. 10-6142-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please ? 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 ? eter 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS 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 CONSTR UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 249523 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant(s) TO: KIMBERLY A. KENNERLY 21 NORTH MARKET STREET ELIZABETHVILLE, PA 17050 DATE OF NOTICE: November 4, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6142-CIVIL TERM CUMBERLAND COUNTY 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. 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. PHS # 249523 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 fL wreiYce T: PllbTan, Esq., No. 32227 Fr cis S. Hallinan, Esq., Id. No. 62695 Oah-iel G. Schmieg, Esq., Id. No. 62205 i hele M. Bradford, Esq., Id. No. 69849 J ith T. Romano, Esq., Id. No. 5745 Sheetal R. Shah-Jani, Esq., Id. No760 Jenine R. Davey, Esq., Id. No. 87:77 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 249523 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant(s) TO: DAVID G. KENNERLY 6307 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050-7300 DATE OF NOTICE: November 4, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6142-CIVIL TERM CUMBERLAND COUNTY 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. 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. PHS # 249523 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. 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: L ence T. Phelan, Esq., Id. No. 32227 Fr is S. Hallinan, Esq., Id. No. 62695 D ' 1 G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 587q Sheetal R. Shah-Jani, Esq., Id. No.?1760 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 249523 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant(s) TO: KIMBERLY A. KENNERLY 6307 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050-7300 DATE OF NOTICE: November 4, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6142-CIVIL TERM CUMBERLAND COUNTY 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. 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. PHS 4 249523 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. 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: a ence T. Phelan, Esq., Id/ No. 32227 is S. Hallinan, Esq., Id. No. 62695 1 G. Schmieg, Esq., Id. No. 62205 Miele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 60 Jenine R. Davey, Esq., Id. No. 870-6 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 249523 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6142 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITI MORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP INC. Plaintiff (s) From DAVID G. KENNERLY KIMBERLLY A. KENNERLY (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 $144,726.58 L.L.$.50 Interest FROM 11/19/2010 TO DATE OF SALE ($23.79 PER DIEM)-- $4,639.05 Atty's Comm % Atty Paid $287.00 Plaintiff Paid Date: 1203110 (Seri)_ REQUESTING PARTY: Due Prothy $2.00 Other Costs I I David Buell, Pro By: - Deputy Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/19/2010 to Date of Sale ($23.79 per diem) TOTAL CIO E- Q W~ CV ? ?d C-) CD U:C5 oy U_ Z o C) OE Cl) d Jul t`T c ?w Lt- 0 N CJ COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6142-CIVIL TERM CUMBERLAND COUNTY $144,726.58 $ 4,639.05 .63 ttorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., 2d. 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 r ew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 Note: Please attach description of property. PHS # 249523 T o b o M ?4 t4 Q W 'r' ?" ° aQ _ 4 Ell O 3 c7a?Z ?aH 4F g ?,e c wo !yz? ? d A o? NW a 0 0 w z z O N v? F+Q?, ["M ? O et O? M 00 1? 0 U N N O? .4 r ?.N M t- 00 Q.I H Mpooo'? pOMC n NN Ca W ?4 CZ zo?OOMiNy?j?C C p«b- ©?+M Oa C azzz °Zb d d ?? azZ czz-° w o rn '? o l "abv?b ~zzzoozb o ti,t7? ^z -d;2 5rd vii5iw ^z ^5 p& (Ty0 F 0 6wWW.6 ^y * y? TW -4 WW o o, w ^. ?W U W r? ti Fz" 04O redwww WaE 0-1 ? 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LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument at the westernmost corner of Lot No. 52 of the Hampden Hearth Phase H Final Plan, said point being located the following two courses from the centerline intersection of Valleybrook Drive and Ryland Drive: 1) along the centerline of Valleybrook Drive, South 33 degrees 32 minutes 35 seconds West, a distance of 296.00 feet to a point on the centerline of Valleybrook Drive; and 2) perpendicular to the centerline of Valleybrook Drive, South 56 degrees 27 minutes 25 seconds East, a distance of 25.00 feet; thence along said Lot No. 52, South 45 degrees 27 minutes 25 seconds East, a distance of 165.45 feet to a point on the northern line of Lot No. 108 of the Final Subdivision Plan for Hampden Hearth Phase IV prepared by Grove Associates, Engineers and Surveyors, dated March 18, 1994 and recorded in the Cumberland County Courthouse in the Office of the Recorder of Deeds in Plan Book 68, Page 66; thence along said Lot No. 108 and Lot No. 109 of the aforementioned Final Subdivision Plan for Hampden Hearth Phase IV, South 22 degrees 27 minutes 29 seconds West, a distance of 83.31 feet to a point at the easternmost corner of Lot No. 54 of the aforementioned Hampden Hearth Phase 11 Final Plan; thence along said Lot No. 54, North 77 degrees 33 minutes 23 seconds West, a distance of 196.87 feet to a point on the eastern dedicated right-of-way line of Newton Circle; thence along the eastern dedicated right-of-way line of Newton Circle, North 1 degree 37 minutes 26 seconds East, a distance of 61.73 feet to a point on the same; thence along the same by a curve to the right having a radius of 10.00 feet an arc length of 13.09 feet, the chord of said curve having a bearing of North 39 degrees 06 minutes 39 seconds East, and a distance of 12.17 feet to a point on the southern dedicated right-of-way line of Valleybrook Drive; thence along the southern dedicated right-of-way line of Valleybrook Drive, by a curve to the left having a radius of 125.00 feet; an arc length of 93.93 feet, the chord of said curve having a bearing of North 55 degrees 04 minutes 14 seconds East, and a distance of 91.74 feet, to a point on the southern dedicated right-of-way line of Valleybrook Drive; thence along the same, North 33 degrees 32 minutes 35 seconds East, a distance of 2.78 feet to a concrete monument, at the westernmost corner of the aforesaid Lot No. 52, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN David G. Kennerly and Kimberly A. Kennerly, his wife, by Deed from Deutsche Bank National Trust Company, as Trustee f/k/a Bankers Trust Company of California, N.A., as Trustee for Vendee Mortgage Trust 1992-2, dated 07/25/2002, recorded 08/27/2002 in Book 253, Page 1603. PREMISES BEING: 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300 PARCEL NO. 10-16-1062-169 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-6142-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 authorities. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to Cr Q co >- ?- WH N ?Q CD U- C:> CJ 4 I CD © M - >- E wa- w ?,n 2f % w ?i CS w Ma CD N C-) By: Att . i 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 ? Anew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant(s) CUMBERLAND COUNTY PHS # 249523 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ' c7d C ) p n DAVID G. KENNERLY 6307 VALLEYBROOK DRIVE - 0:M Co a MECHANICSBURG, PA 17050-7300 rat M r C KIMBERLY A. KENNERLY 21 NORTH MARKET STREET ELIZABETHVILLE, PA 17050 r ..- a qo -r -n o O -q = F3 2. Name and address of Defendant(s) in the judgment: D tv D Name Address (if address cannot be reasonably -° cT ascertained, please so indicate) SAME AS ABOVE 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) INTEGRITY BANK 3345 MARKET STREET CAMP HILL, PA 17011 INTEGRITY BANK C/O MARTIN WAYNE, ESQUIRE REAGER & ADLER, P.C. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE MELLON CERTIFIED RESTORATION 2331 MARKET ST CAMP HILL, PA 17011 P.O. BOX 280948 HARRISBURG, PA 17128-0948 436 SOUTH LANDSDOWNE AVENUE YEADON, PA 19050 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) INTEGRITY BANK 3345 MARKET STREET CAMP HILL, PA 17011 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6142-CIVIL TERM I.$ , 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 6307 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050-7300 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 KIMBERLY KENNERLY C/O CINDY L. HRIBAL, ESQUIRE 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 61 W Louther Street Carlisle, PA 17013-2987 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 authoriti J December /0, 2010 By: Attorney P 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 ? rew C. Bramblett, Esq., Id. No. 208375 LNoOA llison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff : NO.: 10-6142-CIVIL TERM VS. DAVID G. KENNERLY CUMBERLAND COUNTY KIMBERLY A. KENNERLY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID G. KENNERLY KIMBERLY A. KENNERLY 6307 VALLEYBROOK DRIVE 21 NORTH MARKET STREET MECHANICSBURG, PA 17050-7300 ELIZABETHVILLE, PA 17050 "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 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $144,726.58 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. Cn r_r o NOTICE OF OWNER-rl RIGHTS C ,r, d M?^ m- :;Q C-') -um YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE cz)° <: CD 6-6 To prevent this Sheriffs Sale, you must take immediate action: CD N AC Dfri 1. The sale will be canceled if you pay to the mortgagee the back payments, late chargq c(Ws anal reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x123 V. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument at the westernmost corner of Lot No. 52 of the Hampden Hearth Phase H Final Plan, said point being located the following two courses from the centerline intersection of Valleybrook Drive and Ryland Drive: 1) along the centerline of Valleybrook Drive, South 33 degrees 32 minutes 35 seconds West, a distance of 296.00 feet to a point on the centerline of Valleybrook Drive; and 2) perpendicular to the centerline of Valleybrook Drive, South 56 degrees 27 minutes 25 seconds East, a distance of 25.00 feet; thence along said Lot No. 52, South 45 degrees 27 minutes 25 seconds East, a distance of 165.45 feet to a point on the northern line of Lot No. 108 of the Final Subdivision Plan for Hampden Hearth Phase IV prepared by Grove Associates, Engineers and Surveyors, dated March 18, 1994 and recorded in the Cumberland County Courthouse in the Office of the Recorder of Deeds in Plan Book 68, Page 66; thence along said Lot No. 108 and Lot No. 109 of the aforementioned Final Subdivision Plan for Hampden Hearth Phase IV, South 22 degrees 27 minutes 29 seconds West, a distance of 83.31 feet to a point at the easternmost corner of Lot No. 54 of the aforementioned Hampden Hearth Phase II Final Plan; thence along said Lot No. 54, North 77 degrees 33 minutes 23 seconds West, a distance of 196.87 feet to a point on the eastern dedicated right-of-way line of Newton Circle; thence along the eastern dedicated right-of-way line of Newton Circle, North 1 degree 37 minutes 26 seconds East, a distance of 61.73 feet to a point on the same; thence along the same by a curve to the right having a radius of 10.00 feet an arc length of 13.09 feet, the chord of said curve having a bearing of North 39 degrees 06 minutes 39 seconds East, and a distance of 12.17 feet to a point on the southern dedicated right-of-way line of Valleybrook Drive; thence along the southern dedicated right-of-way line of Valleybrook Drive, by a curve to the left having a radius of 125.00 feet, an arc length of 93.93 feet, the chord of said curve having a bearing of North 55 degrees 04 minutes 14 seconds East, and a distance of 91.74 feet, to a point on the southern dedicated right-of-way line of Valleybrook Drive; thence along the same, North 33 degrees 32 minutes 35 seconds East, a distance of 2.78 feet to a concrete monument, at the westernmost corner of the aforesaid Lot No. 52, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN David G. Kennerly and Kimberly A. Kennerly, his wife, by Deed from Deutsche Bank National Trust Company, as Trustee f/k/a Bankers Trust Company of California, N.A., as Trustee for Vendee Mortgage Trust 1992-2, dated 07/25/2002, recorded 08/27/2002 in Book 253, Page 1603. PREMISES BEING: 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300 PARCEL NO. 10-16-1062-169 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6142-CIVIL TERM CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. DAVID G. KENNERLY KIMBERLY A. KENNERLY owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 6307 VALLEYBROOK DRIVE, MECHANICSBURG, PA 17050-7300 Parcel No. 10-16-1062-169 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $144,726.58 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE, INC. MORTGAGE GROUP, INC. Plaintiff vs S/B/M TO ABN AMRO : Court of Common DAVID G. KENNERLY KIMBERLY A. KENNERLY Defendant as Civil Division a M =? CUMBERLAND Coin No. 10-6142-CIVIL iism A? TO THE PROTHONOTARY: Please mark the judgment(s) satisfied and the action settled, discontinued and ended. Date: PHELAN HA NAN & SCHMIEG, LLP By: L rence 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 PHS# 249523 Attorneys for Plaintiff :w :I , -r C C); =F cs