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Home My WebLink About10-6266Phelan 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 idaime McGuinness, Esq., Id. No. 90134 V/ 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 242677 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. DEAN L. BARNES PAMELA K. BARNES 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 Defendants `FILED-OFFICE CF TEE PROTHONOTARY 2010 OCT - I AM I I : C? CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - loolb(o 0,-, V i I Tem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O * q a.0o P.o ATE c,1 1001713 & aq9nag File #: 242677 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 BEABLE 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 #: 242677 -.1. Plaintiff is CITIMORTGAGE, INC. S/B/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: DEAN L. BARNES PAMELA K. BARNES 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1844, Page 4945. 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 02/01/2010 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 #: 242677 -6 The following amounts are due on the mortgage: Principal Balance Interest 01 /01 /2010 through 06/26/2010 (Per Diem $7.9696) Attorney's Fees Cumulative Late Charges 11/03/2003 to 06/26/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7 8 $93,084.63 $1,411.29 $650.00 $83.55 $550.00 171.77 $95,951.24 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 #: 242677 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $95,951.24, together with interest from 06/26/2010 at the rate of $7.9696 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ) ? 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 Attorneys for Plaintiff File #: 242677 LEGAL DESCRIPTION ALL THAT CERTAIN lot with the improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the north line of Chestnut Drive at corner of Lot No. 11 on the hereinafter mentioned plan; thence by Lot No. 11, North 03 degrees 36 minutes East, 265.86 feet to a point on line of land now or formerly of George F. Dixon, Jr.; thence by same, North 74 degrees 36 minutes East, 107.37 feet to a point at corner of Lot No. 13 on said plan; thence by Lot No. 13, South 09 degrees 38 minutes 25 seconds East, 295.36 feet to a point on the northern line of Chestnut Drive; thence by same by a curve to the right having a radius of 750.0 feet the arc distance of 141.50 feet to a point; thence by same, North 86 degrees 24 minutes West, 28.50 feet to a point, the Place of Beginning. BEING Lot No. 12 of a Final Subdivision Plan for Hickory Estates which plan is recorded in the Office of Recorder of Deeds in Plan Book 27, Page 18. PROPERTY ADDRESS: 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723 PARCEL # 21-23-0585-030 File #: 242677 VERIFICATION Amy L. M eYer hereby states that he/she is Foreclosure Analyst of CTTIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CTTIMORTGAGE, INC. SB/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. Omx??? Name y L. Mey DATE: (D,I 11`0 Title: Foreclosure nalyst PHS#: 242677 Servicer: CITIMORTGAGE, INC. Name: BARNES SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~$~L~~tr of ~u,n6rrf~~~ Jody S Smith Chief Deputy ~ ~°~~ , ~ ~ "`- ' ^e Richard W Stewart ~ :; F. Soiic~tor f~Fff:~ Y`r ''+F S'?ER1FF Citimortgage, Inc vs. Case Number Dean L. Barnes (et al.) 2010-6266 SHERIFF'S RETURN OF SERVICE 10/07/2010 02:25 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1425 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela K. Barnes, by making known unto herself personally, at 23 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. AMA A COBAUGH, DEP 10/18/2010 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: Dean L. Barnes, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Dean L. Barnes. Pamela K. Barnes advised Deputies, Dean L. Barnes no longer resides at 23 Chestnut Drive, Carlisle, PA 17015 and she does not know his current whereabouts. The Carlisle Postmaster has confirmed, Deal L. Barnes is not known at 23 Chestnut Drive, Carlisle, PA 17015. SHERIFF COST: $54.40 October 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF _~~ - ~;~ .~~°. ~ ---r -err c'~ rte.... r ~~ ~ ~~~ ~~ r= ~a ;~ o . .,~o r~ .gin ~-t rU . ~=Y --,C r,~ -`;~ _.~ %ci CountySuite Sheriff, Teleosoft. Inc. Phelan Hallinan & Schmieg, LLP 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. DEAN L. BARNES PAMELA K. BARNES r ? Attorney for Plaintiff ` Court of Commontlea.§ °_' Civil Division Cumberland County No. 10-6266 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, DEAN L. BARNES, by first class mail to the mortgaged premises, 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723; posting of the mortgaged premises, 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, DEAN L. BARNES, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not currently reside at said address. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of November 17, 2010, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 9, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s November 9, 2010 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of November 17, 2010 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, DEAN L. BARNES, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN INAN & SCHMIEG, LLP Date: `? :Y t0 By: Lawrence T. P elan, 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 4 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY NO. 10-6266 DEAN L. BARNES PAMELA K. BARNES MEMORANDUM OF LAW 1. FACTUAL BACKGROUND Attempts to serve Defendant, DEAN L. BARNES, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723. As indicated by the Return of Service attached hereto as Exhibit "A", no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto as Exhibit "B". Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant as of November 17, 2010 to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. 5 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber. Inc. v. Maior, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the attached Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the attached affidavit of due diligence, marked as Exhibit "B". Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 6 III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, publication, and posting. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: November 17, 2010 By: Lawrence T. P e an, 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. 20233 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 7 Exhibit "A" 12 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?,pta e! Caa,`ery?'ti Jody S Smith 410 Chief Deputy Richard W Stewart` Solicitor OFFICE OF THE SMERIFF Citimortgage, Inc Case Number vs. 2010-6266 Dean L. Games (et al.) SHERIFF'S RETURN OF SERVICE 10107/2010 02:25 PM - Amanda Cobaugh, Deputy Sheriff, who being duty sworn according to taw, states that on October 7, 2010 at 1425 hours, she served a true copy of the within Complaint in Mortgage foreclosure, upon the within named defendant, to wit Pamela K. Samos, by making known unto herself personally, at 23 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. AMA A COBA H, DEP 10/18/2010 Ronny R Anderson, Sheriff, who being duty sworn according to saw, states that he made a diligent search and inquiry for the within named defendant to wit: Dean L Games, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Dean L. Games. Pamela K. Games advised Deputies, Dean L. Barnes no 1orW resides at 23 Chestnut Drive, Carlisle, PA 17015 and she does not know his current whereabouts. The Carlisle Postmaster has confirmed, Deal L. Games is not known at 23 Chestnut Drive, Carlisle, PA 17015. SHERIFF COST: $54.40 October 18, 2010 NSWERS, SO A 6z RON R ANDERSON, SHERIFF MIMI C .xrll =C m F) '.-4 - r,r-- -V x ° 3r Q„r C1 rn ? rv -< ca ? -c 10 Co,xlrySule Shard, Teleosoll, Inc. Exhibit "B" 13 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 242677 Attorney Firin: Phelan, Hallinan & Schmieg, LLP Subject: Dean L. Barnes & Pamela K. Barnes Property Address: 23 Chestnut Drive, Carlisle, PA 17015 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Dean L. Barnes - xxx-xx-2495 Pamela K. Barnes - xxx-xx-8129 B. EMPLOYMENT SEARCH Dean L. Barnes & Pamela K. Barnes - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Dean L. Barnes & Pamela K. Barnes reside(s) at: 23 Chestnut Drive, Carlisle, PA 17015. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Dean L. Barnes & Pamela K. Barnes reside(s) at: 23 Chestnut Drive, Carlisle, PA 17015. On 06- 21-10 our office made a telephone call to the subjects' phone number (717) 240-0014 and received the following information: disconnected. B. On 06-21-10 our office made several telephone calls to a possible phone number of the subject(s) (717) 512-1509 and received the following information: answering machine. On 06-21-10 our office made several telephone calls to a possible phone number of the subject(s) (717) 422-5884 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 06-21-10 our office made several phone calls in an attempt to contact Romaine V. Throne (814) 263-4213,19 Chestnut Drive, Carlisle, PA 17015: answering machine. On 06-21-10 our office made several phone calls in an attempt to contact Richard E. Morrison (717) 240-2096, 25 Chestnut Drive, Carlisle, PA 17015: answering machine. On 06-21-10 our office made a phone call in an attempt to contact Rick E. Morrison (717) 249-1188, 26 Chestnut Drive, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 23 Chestnut Drive, Carlisle, PA 17015. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-21-10 we reviewed the National Address database and found the following information: Dean L. Barnes & Pamela K. Barnes - 23 Chestnut Drive, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-21-10 Vital Records and all public databases have no death record on file for Dean L. Barnes & Pamela K. Barnes. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Dean L. Barnes - 05-04-1960 Pamela K. Barnes - 04-1959 B. A.K.A. Dean Lloyd Barnes; Dean C. Barnes Pamela Kay Barton; Pamela P. Barnes * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the pe291. ,-a C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT -Wu7o/ ''i `e. Sworn to and subscribed before me this ?s day of. 2a iP -Z'-D The above information is obtained from available public records and we are only liable for the cost of the affidavit ENID ES 9WA NCI M KORDN RY ?OfIMi* I 90slawl PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail kristin.hartman@fedphe.com Kristin Hartman, Ext. 1356 Representing Lenders in Service Department Pennsylvania and New Jersey November 9, 2010 DEAN L. BARNES 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 RE: CITIMORTGAGE, INC. SIBIM TO ABN AMRO MORTGAGE GROUP, INC. vs. DEAN L. BARNES and PAMELA K. BARNES Premises Address: 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723 Cumberland County, No. 10-6266 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 16, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Kristin Hartman For Phelan Hallinan & Schmieg, LLP 11 £ 0 L6 l 3000dIZ WOHA 0311VW OLOZ 60AON 9SZLLZti000 } o9z o$ N L z o S311N05 A311LL1d ? Neod 0 0 ? •° 0 0 >t a w W p" .? b V??a x ? h ? o d d Ar ? ? a ry O 'i a ii CS `"? C ? o i N l.i n .r U A V W oa a Q A iF - IN 1- I"I' ? O EN w ¢,•E G:. u ?E o yyy???yyy RS O `?' J l0 U C N a. r.. N O .? E •V ' N ? V ? pG Oy J O V o ' • ll `- l n ? ? ? w ? Ctl H a.S w V ? ' w a•? K? o ''U yw('J ? C, ^ ' t E c •^ C ,OC b U N d 7 V d V1 y U N >+ .°o H a cL 10 U .C ? 3 6H Ir I- I- I2 F ?D eNt ? N ? a, x Y? a ?T ?W w a a 0 w N ? a°. A z? °a b O y` V 'Q G N z ?, OD H VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, PHELAN HAL & SCHMIEG, LLP Date: ' By: Lawrence. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 / Vivek Srivastava, Esq., Id. No. 202331/ Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 8 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff Court of Common Pleas CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Civil Division VS. Cumberland County No. 10-6266 DEAN L. BARNES PAMELA K. BARNES CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. DEAN L. BARNES: 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 C/C: PAMELA K. BARNES 9 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, PHELAN HAL N & SCHMIEG, LLP Date: (c7 By: Lawrence sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 10 ,4 1 NOV 19 7010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. DEAN L. BARNES PAMELA K. BARNES C7 N o C) m s Civil Division ?c rn No. 10-6266 <C:) o ff - ? 3> C -i ? - ORDER -s: AND NOW, this 2.1 ?d - day of W) O v e 'L l , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, DEAN L. BARNES, by: 1. Posting of the premises: 23 CHESTNUT DRIVE, CARLISLE, PA 17015- 9723 by the Sheriff or a non-party competent adult; 2. First class mail to DEAN L. BARNES at the mortgaged premises located at 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: DEAN L. BARNES and PAMELA K. 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 PHS# 242677 / KRH 2 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -9 AID 10: 33 rUMBERLAND COUNTY PENNSYLVANIA 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 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. Plaintiff vs. DEAN L. BARNES PAMELA K. BARNES Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-6266 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE (? ? OJ pL& p-3'7cp38 aln Ct, a TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALIpViAN\& SQIIMIEG, LLP By: ? Lawrenc helan, Esq. Id. No. 32227 ? Francis . H linan, Es , Id. No. 62695 ? Daniel G. Sc ieg, q., Id. No. 62205 ? Michele M. Bra ord, 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 Attorneys for Plaintiff Date: December 8, 2010 /arm, Svc Dept. File# 242677 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 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. Plaintiff vs. Dean L. Barnes Pamela K. Barnes Defendants F I eA - 6 Ci'cr- op 4W- eprO44wod 10 aa?oDe?15??ALAA ? C?b?la? ?n?c flna vc?ni o• ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION Cumberland COUNTY NO. 10-6266 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, Dean L. Barnes at 23 Che4iut Drive, Carlisle, PA 17015-9723; on December 14, 2010, in accordance with the Order of Court dated November 24, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December 14, 2010 Vnl?LAN 1 ALLINAN F?SCHMIEG, LLP By: Lawrence . PheNn, Esq., d. No. 32 2.7 Francis S. a linan, Esq., Id. No. 626P5 Daniel G. S h ieg, Esq., Id. No. 62205 Michele M. dford, Esq., Id. No. 6984 Judith T. Rom no, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 0 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 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY W Ronny R Anderson 0- TH +?'4) ' Sheriff Jody S Smith °f ?}}?' 21 PM 3* Chief Deputy Richard W Stewart ^UMB£RLAH Solicitor Citimortgage, Inc vs. Dean L. Barnes (et al.) Case Number 2010-6266 SHERIFF'S RETURN OF SERVICE 12/13/2010 02:40 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2010 at 1440 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dean L. Barnes, pursuant to order of court by posting the premises located at 23 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania 17015 witt a true and correct copy according to law. SHERIFF COST: $39.40 December 15, 2010 STEPHEN BENDER, DEPUTY SO ANSWERS, RONW R ANDERSON, SHERIFF Af OF INE PROTHONOTARY 2011 jl,fJ -6 AM E0: 23 CUMBERLAND COUNTY PENNSYLVANIA 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 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. Plaintiff Vs. DEAN L. BARNES PAMELA K. BARNES Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 10-6266 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 0w} MO. C'0 Pb ?1? G,k*ld4LI gy0 V-4a599 5 I < 4 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAbERON & SPAMIEG, LLP By: - v awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 jidrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: January 5, 2011 /arm, Svc Dept. File# 242677 ,. FILED-OFFICE OF THE PROTHONOTARY 2011..x:.'; 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CLIMB iTY ATTORNEYS FOR PLAINTIFF Citimortgage, Inc. S/B/M To ABN AMRO Mortgage Group, Inc. Plaintiff vs. Dean L. Barnes Pamela K. Barnes Defendants : Court of Common Pleas Civil Division Cumberland County No. 10-6266 AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated November 14, 2010 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on December 21, 2010 and Cumberland Law Journal on December 24, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP i By. ?T?. Phelan Hallinan & S@"' g, 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 ,,&eetal 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 Attorneys for Plaintiff Date: January 13, 2011 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 24, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, Editor SWORN TO AND SUBSCRIBED before me this 24 day of December, 2010 C-2LZ?Ntaarry? NOTARIAL SM DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNT'/ My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-6266 CITIMORTGAGE INC. a/b/m TO ABN AMRO MORTGAGE GROUP, INC. VS. DEAN L. BARNES PAMELA K. BARNES NOTICE To DEAN L. BARNES: You are hereby notified that on October 1, 2010, Plaintiff, CITI- MORTGAGE, INC. s/b/m TO ABN AMRO MORTGAGE GROUP, INC., filed a Mortgage Foreclosure Com- plaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 10-6266. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Dec. 24 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Retail Sales Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in sai, County, and that the printed notice or publication attached hereto is exactly the same a was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 21, 2010 COPY OF NOTICE OF PUBLICATION NOTIC9 OF ACTION IN MORTGAGE FOREISLI SURl6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. . Vs. COURT OF COMMON PLEAS CIVIL DIVISION DEAN L. BARNES PAMELA K: BARNES To DEAN L. BARNES: CUMBERLAND COUNTY NO. 10-6266 NOTICE You are hereby notified that on) 2M, Plaintiff, CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAG E goeo GROUP, INC., filed a Monga or eclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 10-6266. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notilded to plead to f#1a abayoR rWlYSnaed Complain on or before 20 days from the date of this publication or a Judgment will be.lntsrod agilrli+st you. NQ"Cid: If youwishto deww' you nNla "Iw a apeatatge parson r orby attorney and ft your defenses or objections In wldrq+aolxrrhFdi era 1 fh11tNpyoutap ER. 001lw Case may proved without you and a judgment . may?ar wllhout"fflrthat+aOtiCe ftlrlhe or Qf other wyou, OR pITEQ fi T FORfH l Lk1 R$ WW CAN PROVIDE YOU WITH INFORMATION IF ON "N' l 1 1: HIAE A LAWYER, THIS OPFM MAY BE ABLE TO PROVIDE YOU WITH I1 PIMATfE)!I A(0{EENCIES THAT MAY OFFER LEGAL SERVICES TO Ei-104BLE PERSONS AT A REDUCEOr 15 OR NO FEE. CUMBERLANQ COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17018 (800)990-9108 r k Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a to time, place and character of publication are t Sworn to and subscribed before me this 32W'r? U v 0 a0 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires J? 2014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-6266 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From DEAN L. BARNES and PAMELA K. BARNES (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 $97,656.73 L.L.$.50 Interest FROM 01/27/2011 to Date of Sale ($16.05 per diem) Atty's Comm % Due Prothy $2.00 Atty Paid $237.90 Other Costs Plaintiff Paid Date: 2/23/11 David D. Buell, rothonotan (Seal) Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, COURT OF COMMON PLEAS INC. Plaintiff CIVIL DIVISION V. DEAN L. BARNES PAMELA K. BARNES Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/27/2011 to Date of Sale ($16.05 per diem) TOTAL 6, to e Ga.oo IO.op ute i0.0o a IW. oa?? ?, ?a3?.go?d a Note: Please attach description of property. PHS # 242677 NO.: 10-6266 CUMBERLAND COUNTY C-?l r-o --r; 'n r-nm ca M $97,656.73 ? N ? C? $2,022.30 .ct-3 7, o , E :Pw C-3 :Z = =6 p S C-1 $99,679.03 Phelaq?Hall nan & Schmie LLP ? La enc T. Phelan, Es ., Id. No. 32227 ? Fran cis S. allinan, q., Id. No. 62695 ? Daniel G. Sc g, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 [Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ?g . %0 LL ICL* Io551y$ 1? lL 2555 V/ Ol oa O o° O? UW a° w d C7 F a 0 0 0 F w ?a U OQ x w aaQ Aa 6 H U O? w Or 04 -o a? a? Vl .n M V) co S+ F7 h ON ? h rl rl a .c v4 w ? w V Q Aeq wc,,U o ? Nv?v?A g 0, 0, N? ~??M r. Ghd?ppN„?,,? M So C it-c O M B Z N N O O ° o oZrzoral el V?i`o d'J o oz?`^ z?Z?z°zz'z,?Z~zZ 0.4 ° ~ w w~ ~ oti l ?cc 'A 0. AF-; iv? m -, - Y! goo `o U NC7? ?od? ° 3 3 m 4) .a $ ooooooo00000y m0000 w CITIMORTGAGE, INC. S/BIM TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. DEAN L. BARNES PAMELA K. BARNES Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6266 CUMBERLAND COUNTY PHS # 242677 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/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 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723. L Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DEAN L. BARNES 23 CHESTNUT DRIVE = o = ° , CARLISLE, PA 17015-9723 rnW -n M PAMELA K. BARNES 23 CHESTNUT DRIVE S r- M F -ra,n ° CARLISLE, PA 17015-9723 ?> w b ' o 2. Name and address of Defendant(s) in the judgment: =10 4=) -11 Name Address (if address cannot be reasonably =C) _ ' o ascertained, please so indicate) yy - ?7 SAME AS ABOVE t 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 1 COURTHOUSE SQUARE PROBATION 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) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) 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 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 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 ATTENTION: JOHN MURPHY 6TH FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 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: Attorney for Yftai Phelan Hal nan Schmieg, LL ? Lawre a T. P Ian, Esq., Id o. 32227 ? Francis S. Hall' ,Esq., No. 62695 ? Daniel G. Schmie Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 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. Plaintiff V. DEAN L. BARNES Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-6266 PAMELA K. BARNES CUMBERLAND COUNTY Defendant(s) CERTIFICATION rn =--n r The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in bolo cagofted matter and that the premises are not subject to the provisions of Act 91 because: F?..2 c"' zC -G? 7:r =C CD -n o ( ) the mortgage is an FHA Mortgag e ' ( ) 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. Ph& Schmieg, LP ByAcisS. Attiff elan, Esq. d . No. 32227 nan, Es , Id. No. 62695 'e q., 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 3Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. . : CIVIL DIVISION Plaintiff . : NO.: 10-6266 VS. cr -l DEAN L. BARNES CUMBERLAN10MU;WY n F PAMELA K. BARNES :r_ x co rn ;"C:) Defendant(s)U' ? ° C) - r- :Pw :3: TJ C) -n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c r C TO: DEAN L. BARNES `"' D PAMELA K. BARNES n? 23 CHESTNUT DRIVE CARLISLE, PA 17015-9723 * *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 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723 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 $97,656.73 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. 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. w 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 lot with the improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the north line of Chestnut Drive at corner of Lot No. 11 on the hereinafter mentioned plan; thence by Lot No. 11, North 03 degrees 36 minutes East, 265.86 feet to a point on line of land now or formerly of George F. Dixon, Jr.; thence by same, North 74 degrees 36 minutes East, 107.37 feet to a point at corner of Lot No. 13 on said plan; thence by Lot No. 13, South 09 degrees 38 minutes 25 seconds East, 295.36 feet to a point on the northern line of Chestnut Drive; thence by same by a curve to the right having a radius of 750.0 feet the arc distance of 141.50 feet to a point; thence by same, North 86 degrees 24 minutes West, 28.50 feet to a point, the Place of Beginning. BEING Lot No. 12 of a Final Subdivision Plan for Hickory Estates which plan is recorded in the Office of Recorder of Deeds in Plan Book 27, Page 18. SUBJECT, NEVERTHELESS, to protective covenants, reservations and restrictions applicable to Hickory Estates as recorded in the Office aforesaid in Miscellaneous Record Book 221, Page 740. Subject, Nevertheless, to right-of-way for drainage easement as shown on said plan. TITLE TO SAID PREMISES IS VESTED IN Dean L. Barnes and Pamela K. Barnes, his wife, by Deed from Michael W. Allen and Virginia A. Allen, single persons, dated 03/24/1998, recorded 04/06/1998 in Book 174, Page 1042. PREMISES BEING: 23 CHESTNUT DRIVE, CARLISLE, PA 17015-9723 PARCEL NO. 21-23-0585-030 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Commorr leqg MORTGAGE GROUP, INC. -? -- Plaintiff Civil Division rn' ar rv vs CUMBERLAND 41pty- • G'= DEAN L. BARNES No. 10-6266 PAMELA K. BARNES Defendant ;.tom -C c C) --n C) ?t TO THE PROTHONOTARY: By: Lawrenc T elan, Esq., Id. No. 32227 Francis allinan, Esq., Id. No. 62695 Dani . 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# 242677 Attorneys for Plaintiff Please mar the judgment(s) satisfied and the action settled discontinued and ended. Date: ? ? 1 ? PHELAN LINAN & S LP