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Home My WebLink About10-6342SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ? xh nl 1141116 ', '?I# Jody S Smith Chief Deputy Richard W Stewart Solicitor ii 1 0?" i' 12 r,.1 8: I. (..O?,i'?T i r'& I M F if 1.1 ti? l"? : CITIMORTGAGE, Inc. vs. Charles E. Hutchison (et al.) Case Number 2010-6342 SHERIFF'S RETURN OF SERVICE 10/07/2010 04:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 7 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Charles E. Hutchison, by making known unto himself personally, at 444 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY 10/07/2010 04:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 7 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jean M. Hutchison, by making known unto Charles E. Hutchison, Husband of defendant at 444 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB T BITNER, DEPUTY SHERIFF COST: $54.80 October 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;ci Coun'ySuite Shenft, Teleasoft In;. Phelan Hallinan & Schmieg, LLP By: Lawrence _T... Phelan,. Esg„ Id. No._ 3222.7__ _ Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 , --?' Jaime McGuinness, Es Id. No. 90134 -4o 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. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS CHARLES E. HUTCHISON CIVIL DIVISION JEAN M. HUTCHISON : No. 10-6342-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 CHARLES E. HUTCHISON, and JEAN M. HUTCHISON, 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: ??1? `gyp 250674 As set forth in Complaint $104,922.26 Interest - 09/19/2010 to 11/17/2010 $1,034.71 TOTAL $105,956.97 I hereby certify that (1) the Defendant's last known address is 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465, and (2) that notice "een given in accordance with Rule 237.1, copy attached. ; ? Lawrence's'. 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: rxs H 250674 PROTHONOTARY 250674 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. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 VS. CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6342-CIVIL TERM CHARLES E. HUTCHISON JEAN M. HUTCHISON 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. (b) that defendant CHARLES E. HUTCHISON is over 18 years of age and resides at 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465. 250674 (c) that defendant JEAN M. HUTCHISON is over 18 years of age and resides at 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '?ia November It, 2010 wywf n- ? 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 250674 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-6342-CIVIL TERM CHARLES E. HUTCHISON CUMBERLAND COUNTY JEAN M. HUTCHISON Defendant(s) TO: JEAN M. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 DATE OF NOTICE: November 5, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 250674 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 t By: _ Lawrence T. Phe 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 .iSheetal 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 250674 s CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 10-6342-CIVIL TERM CHARLES E. HUTCHISON CUMBERLAND COUNTY JEAN M. HUTCHISON Defendant(s) TO: CHARLES E. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 DATE OF NOTICE: November 5, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 250674 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: av Lawrence T. Phel 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 ,/,5heetal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 250674 CITIMORTGAGE, INC. Plaintiff, VS. CHARLES E. HUTCHISON and JEAN M. HUTCHISON, Defendant(s). C') COURT OF COMMON PLEAS ?•.? ° rreW v ?'!? CIVIL DIVISION crn -) -t, r- r* o CUMBERLAND COUNTYQ C'3 ? ?a. 3 3 No. 10-6342 Civil Term - „= '.0 ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of- Defendant(s), Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE, PC 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION vs. CUMBERLAND COUNTY No. 10-6342 Civil Term CHARLES E. HUTCHISON and JEAN M. HUTCHISON, Defendant(s). ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come Defendants, Charles and Jean Hutchison, by and through their attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted, except it is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 3. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 4. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 5. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the dates stated in Plaintiff's Complaint and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. It is denied that the amounts stated in Plaintiff's Complaint are accurate, and strict proof is demanded at the time of trial. By way of further response, it is averred that Cost of Suit and Title Search and Attorneys' Fees were never accrued, are non-collectable and should be denied. 7. Denied. Plaintiffs corresponding paragraph is a Conclusion of law and no response is required. 8. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant(s), request that this Honorable Court dismiss the Plaintiff s Complaint. Respectfully submitted, BLEASDALE LAW OFFICE, PC By: Brian J. Bleasdale, Esquir, Counsel for Defendant(s) VERIFICATION I verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. November 29, Date (Signature of Defendant or Authorized person) PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS v CHARLES E. HUTCHISON JEAN M. HUTCHISON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/18/2010 to Date of Sale ($17.42 per diem) CIVIL DIVISION NO.: 10-6342-CIVIL TERM CUMBERLAND COUNTY $105,956.97 $3,414.32 TOTAL $109,371.29 Attorney for tiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No: 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah=Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Note: Please attach description of property. PHS # 250674 c Z) \rlr ?? V -? mw C?j b Q? n zA? AIWO a O Q O 9 7*CJ Ham ¢ ?a? xa g$o$ c a Ha ho-? 40 dvw Ue?Z ?vz 4 W z Qa M? ? V N?pN??p"'_'pl?[?M HMO ?ONv1 a M?? p00 pMN 0! C,4 COQ z W W^ Orz o oz 0000cM,C V c o cb o ozo Oa `i' .a zzb Z c ozz °zzb an ab c-v~ ;2 ?ZZz b oW ° °~z V ? V ?_ o ?wW W•dW..; ?y„y y',?U• NwW'?W W ? y. W ? W v 4 CE I ?w o ww cd a,w ayiw ? aw F G?7 WU a G?a1A? ?v'C7 ?0? ?r Q??'' a ? wg? W o o 0 idW. G?'o 3 ?0 c 3 a V (ij O a W t? ;, x 'o .°:.c °' a?i C1Ct v y 9 9 82 zz? U U > U A, w ¢ a ?? ??????????????? m 0 8 0 'tt 'cl Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. CHARLES E. HUTCHISON JEAN M. HUTCHISON Defendant(s) FILED-OFFICE Tbv Attorneys for Plaintiff 2 I0 DEC 20 AEI 9: 44 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 10-6342-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 [amel 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 i' Cs.ITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff FILED-OFFICE OF TIME PROTHONOTAR`f CIVIL DIVISION V. 2010 DEC 20 AM 9: 4 4 NO.: 10-6342-CIVIL TERM CHARLES E. HUTCHISON JEAN M. HUTCHISON CUMBERLAND CCUNT'i` Defendant(s) P E N N S Y LVA N ht',, CUMBERLAND COUNTY PHS # 250674 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CHARLES E. HUTCHISON JEAN M. HUTCHISON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Newville Borough Water & Sewer Authority 4 West Street Newville, PA 17241 Newville Borough Water & Sewer Authority 354 Alexander Spring Road; Suite 1 C/o: William W. Thompson, Esquire Carlisle, PA 17015 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. r 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 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 4, 2010 By. Attom for Plainti Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 L,o 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 CITIMORTGAGE, INC. FILED-OrFICF F THE PRJTH0?80TA R'\,/ t10 DEC 20 AM 9.44 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-6342-CIVIL TERM >OMBERLAND COUNT)' CHARLES E. HUTCHISON PENNSYLVANIA JEAN M. HUTCHISON CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHARLES E. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 JEAN M. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 * *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 444 CENTERVILLE ROAD, NEVWILLE, PA 17241-9465 is scheduled to be sold at the Sheriffs Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $105,956.97 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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. Th3 sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6342-CIVIL TERM CITIMORTGAGE, INC. vs. CHARLES E. HUTCHISON JEAN M. HUTCHISON owner(s) of property situate in WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 444 CENTERVILLE ROAD, NEWVILLE. PA 17241-9465 Parcel No. 46-09-0517-027 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $105,956.97 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 k LEGAL DESCRIPTION ALL that certain of land situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from Newville to Centerville and known as Pennsylvania Highway Route 233, said point being seven hundred twenty-seven (727) feet southeast from the intersection of Route 233 with a township road leading to the Big Spring; thence along the center of Route 233, south thirty-seven (37) degrees east, a distance of one hundred (100) feet; thence by line at right angles to said Route 233, south fifty-three (53) degrees west, two hundred (200) feet by lands now or formerly of Arthur Z. Rowe and Dorothy N. Rowe, his wife; thence by the same, north thirty-seven (37) degrees west, one hundred (100) feet to a point; thence by same, north fifty-three (53) degrees east, two hundred (200) feet to the place of BEGINNING. CONTAINING one-half acre more or less. TITLE TO SAID PREMISES IS VESTED IN Charles E. Hutchison and Jean M. Hutchison, h/w, by Deed from James R. Fickel and Judith J. Fickel, h/w, dated 03/06/2006, recorded 03/07/2006 in Book 273, Page 2257. PREMISES BEING: 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465 PARCEL NO. 46-09-0517-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6342 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From CHARLES E. HUTCHISON & JEAN M. HUTCHISON (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 $105,956.97 L.L. $.50 Interest from 11/18/10 to Date of Sale ($17.42 per diem) -- $3,414.32 Atty's Comm % Due Prothy $2.00 Atty Paid $187.30 Other Costs Plaintiff Paid Date: 12/20/10 David D. Buell, othonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 r t3.E Pj- PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. Plaintiff V. Charles E. Hutchison Jean M. Hutchison Defendants No. 10-6342 PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' ANSWER AND NOW COMES Plaintiff, Citimortgage, Inc. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP and hereby files this its Motion to Strike Defendants' Answer and in support thereof avers as follows: 1. On or about October 5, 2010, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to tender timely monthly mortgage payments due February 1, 2010 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A." 2. On November 19, 2010, default judgment was entered in Plaintiff s favor and against Defendants. A true and correct copy of the default judgment is attached hereto, made part hereof and marked as Exhibit "B." ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County asvlo 14 Despite the entry of the judgment against Defendants, Defendants Charles and Jean Hutchison filed an Answer to Plaintiff's Complaint on December 1, 2010. A true and correct copy of Defendants' Answer to Plaintiff's Complaint is attached hereto, made part hereof, and marked as Exhibit "C." 4. Defendants' Answer is improper as Plaintiff has already obtained a judgment against Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order striking Defendants' Answer from the docket. Respectfully submitted, PHELAN, HALLINAN & SCHMIEG, LLP Date: By: oAtto h chalk, Esquire ey or Plaintiff PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. Plaintiff V. Charles E. Hutchison Jean M. Hutchison Defendants Court of Common Pleas Civil Division Cumberland County No. 10-6342 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO STRIKE DEFENDANTS' ANSWER Plaintiff incorporates herein by reference the averments of paragraphs one (1) through four (4) of its attached Motion to Strike as if set forth herein at length. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order striking Defendants' Answer from the docket. Respectfully submitted, PHELAN, HALLINAN & SCHMIEG, LLP Date: By: kessee P. ha lk, Esquire y or Plaintiff "),Xooooo EXHIBIT A Supreme nia County S E. C Y: ;Mc.,?? y ? i 17 Q tt. a/5 1 J ?n- q ?x 'n The information collected on this form is used solely for court administration purposes. This form does not simnlo,mont nr ronlnt-o tho fllina n",4 Worm~ of»le...7i....? ., ..?A?.. -. _? z__ r?.- _ _ .. Commencement of Action: to Complaint ? Writ of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiffs Name: CTTIMORTGAGE, INC. Lead Defendant's Name: CHARLES E. HUTCHISON ? Check here if you are a Self-Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Ehelan Halli nan a crhmieL LLP Are money damages requested? • ? Yes ® No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits Is this a Gass Action Suit? ? Yes ® No Nature orae ease Play `PRII TORT (do not include Mass Tort) ? Intentional r ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: MASS TORT Q ? Asbestos N=' ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: -s PROFESSIONAL LIABLITY ? Dental ? Legal '. _ ? Medical ? Other Professional: Pa.RGP. 205.5 tlo ektltg'inore than one type of claim, cfack tlt'one that CONTRACT (do not include judgments) CIVIL APPEALS ? Buyer Plaintiff Administrative Agencies ? Debt Collection: Credit Card ? Board of Assessment ? Debt Collection: Other ? Board of Elections ? Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenaut Dispute ® Mortgage Foreclosure ? Partition ? Quiet Title ? Other. Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? RepleAn ?. Other: 912010 Phelan Hallinan & Schmie& LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 250674 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 Plaintiff V. CHARLES E. HUTCHISON JEAN M. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CWM ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certify the !N thin ttr F- - : - Y e ant Don+eat copy if the 7ri0iina1;#1Ae '=COW Fik #: 250674 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 #: 250674 Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES E. HUTCHISON JEAN M. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/06/2006 CHARLES E. HUTCHISON and JEAN M. HUTCHISON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1942, Page 2850. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 B: 250674 6. The following amounts are due on the mortgage: Principal Balance $96,838.31 Interest $4,489.49 01/01/2010 through 09/18/2010 (Per Diem $17.2452) Attorney's Fees $650.00 Late Charges through 09/18/2010 $96.21 Costs of Suit and Title Search $550.00 Escrow Deficit $2,298.25 TOTAL $104,922.26 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 #: 250674 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $104,922.26, together with interest from 09/18/2010 at the rate of $17.2452 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 Uh B y: ce T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallman, Esq., Id. No. 62695 amel 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 #: 250674 LEGAL DESCRIPTION ALL that certain of land situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from Newville to Centerville and known as Pennsylvania Highway Route 233, said point being seven hundred twenty-seven (727) feet southeast from the intersection of Route 233 with a township road leading to the Big Spring; thence along the center of Route 233, south thirty-seven (37) degrees east, a distance of one hundred (100) feet; thence by line at right angles to said Route 233, south fifty-three (53) degrees west, two hundred (200) feet by lands now or formerly of Arthur Z. Rowe and Dorothy N. Rowe, his wife; thence by the same, north thirty-seven (37) degrees west, one hundred (100) feet to a point; thence by same, north fifty-three (53) degrees east, two hundred (200) feet to the place of BEGINNING. CONTAINING one-half acre more or less. PROPERTY ADDRESS: 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465 PARCEL # 46-09-0517-027 File #: 250674 VERIFICATION ???,{rer hereby states that he/she is of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Nz-3Ac) PHSM 250674 N e: Title: Foreclosure Analyst Servicer: CTTIMORTGAGE, INC. Name: HU TCHISON EXHIBIT B b P . Phelan Hallinan- 8i SehmiegLLP.. By: Lawrence ,1. -2 04,,P A. No,32; 2 ;_::.: _ Attorney.fp4laintiff Francis S. Halli i'm'4 Esq?:; Ix No. 62695 : ' Daniel G..Scl triieg :Es4; Id: iN6.62205. Michele M. Bradford;-Esq ,:Id. No.69849 Judith T. Roniano; Esq: Id. No. 58745. Sheetal R. Shah-Jani, Esq., Id: No. 81760 Jenine R. Davey; Esq., ld. No. 87077 Lauren R. Takes, Esq,; ld. No. 93337. . Vivek Srivastava, Esq.; Id No02331 Jay B. Jones, Esq., Id.1V6 866 7t Peter J. Mulcahy,. Esq.; Id: Nb: 66t 91 Andrew L:; pivack; Esq., Id.: No: 84439 ° z Jaime McQWMess, Es_q:, Id. Na 9x01.34 w o r ChrisovalauteP.;Fliakos; Esq:; ld. N& 94620 W M .? `gym ? Joshua I. Goldman, Esq., I&No. 205047 a cn r - : CourtenayR Dunn, Esq,, Id. No. 206779:" Andrew C. -Bramblett Esq., Id. No. 208375 p ?• n Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS CHARLES E. HUTCHISON CIVIL DIVISION JEAN M. HUTCHI. SON No. 10-6342-CIVIL TERM: PRAECIPE FOR IN REP4-dUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGE'S TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES E. HUTCHISON, and JEAN M. HUTCHISON Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: 250674 L j LawrenceT Phelan, Esq., Id. No. 32227 ? Francis S. Hallinarr Esq., Id. No. 62695 ? Daniel G. 3chrnieg Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-JEsq., 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 250674 P OTHONOTARY Phelan Hallinan $i Sc.hmieg, LLP By: Lawrence T.:Pl e1ah,•13sq.,'1d -No. 32227 . Francis S. li :Bsq:,•°Id;No.-6.2695 . Daniel G. ScW eg - :; Id No: 62 05 Michele M:$radfoid Esq.,: Id. No ,69849 Judith T. Romano :Esq.; Id-No. 58745 Sheetal R::Sh4h.;Janis Esq., Id. No. 81760. Jenine R. Davey, Esgp,' Id. No-. 87077 Lauren R. Tabas; -Esq., Id. N6.:93337 Vivek Srivastava,: Esq., Id: No: 202331 Jay B. Jones; Esq:,•Id No. 86657 Peter J. Muleatiy; Esq.;-Id. Igo. 61791 Andrew L. Spivack Esq., Id. No. 84439 Jaime McGuinness;1.3N., Id:,N6::94134 Chrisovalante P. Fliakos, Esq;. Id. No. 94620 Joshua I. Goldin Esq.; 14,:N0. 205047 Courtenay R. Dunn, :Esq., Id:-No. 206779 Andrew C. $ramblett, Esq . ld.;No. 208375 Allison F. 'Wells; -E Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center. Plaza Philadelphia, PA.19103 215-563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703. VS. CHARLES E. HUTCHISON JEAN M. HUTCHISON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6342-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. (b) that defendant CHARLES E. HUTCHISON is over 18 years of age and resides at 444 CENTERVILLE ROAD, NEWVILLE, PA 17241-9465. 250674 (c) that defendant JEAN M. HUTCHISON is over 18 years of age and resides at 444 CENTERVA I E:-kOAD;_NEW-.VILLE PA 17 -9465. This-statement is.made`subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to. authorities. November 10, 2610 PA $? [] Lawrence T. Phelan, Esq., Id. No. 32227 EjTrancis S. Hallinan, Esq., Id. No. 62695 EI,Daniel G. Schmieg, Esq., Id, No. 62205 a: Michele M. Bradford, Esq.; Id : No. 69849 Ej' Judith T. Romano, Esq., Id. No: 58745 D'Sheetal R. Shah-Jani, Esq., Id:.No. 81760 Jenne R. Davey, Esq., Id. No. -87077 Lauren R. Tabas, Esq., Id. No: 93337 Ej Vivek Srivastava, Esq., Id: No.:202331 E7ay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id: No. 61791 Q` Andrew L. Spivack, Esq., Id:; No. 84439 Q. Jaime McGuinness, Esq., Id. No. 90134 E Chrisovalante P. Fliakos, Esq., Id. No. 94620 (Q :Joshua I. Goldman, Esq., Id, No. 205047 ?: Courtenay R. Dunn, Esq., Id. No. 206779 [] Andrew C. Bramblett, Esq., Id. No. 208375 Q Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 250674 RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Receipt Date 11/19/2010 Carlisle, Pa 17013 Receipt Time 11:10:05 Receipt No. 251430 CITIMORTGAGE INC (VS) HUTCHINSON CHARLES E Case Number 2010-06342 Received of PD BY JAIME MCGUINNESS ATTY BB Total Non-Cash..... + 14.00 Check# 1030319 Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $14.00 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount JDMT 14.00 CUMBERLAND CO GENERAL FUND $14.00 Y 6 EXHIBIT C ??q --o-O&q?- Bleasdale Law Office, PC Emerson Professional Building 101 Emerson Avenue Aspinwall, PA 15215 Mailing Address * 931 Chislett Street * Pittsburgh, Pennsylvania 15206 * bbleasdale®bleasdalelaw.com Phone: (412) 726-7713 Facsimile: (412) 404-8958 November 29, 2010 Francis S. Hallinan Phelan Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Dear Mr. Hallinan: Enclosed please find a true and correct copy of Defendants' Answer to Complaint in Mortgage Foreclosure, the original of which was mailed to the Prothonotary this afternoon. Very truly yours,, Brian J. Bleasdale BJB/db enclosure CITIMORTGAGE, INC. Plaintiff, VS. CHARLES E. HUTCHISON and JEAN M. HUTCHISON, Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-6342 Civil Term ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of Defendant(s), Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE, PC 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 CITIMORTGAGE, INC. Plaintiff, VS. CHARLES E. HUTCHISON and JEAN M. HUTCHISON, Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-6342 Civil Term ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come Defendants, Charles and Jean Hutchison, by and through their attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted, except it is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 3. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 4. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 5. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the dates stated in Plaintiffs Complaint and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. It is denied that the amounts stated in Plaintiff's Complaint are accurate, and strict proof is demanded at the time of trial. By way of further response, it is averted that Cost of Suit and Title Search and Attorneys' Fees were never accrued, are non-collectable and should be denied. 7. Denied. Plaintiff's corresponding paragraph is a Conclusion of law and no response is required. 8. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant(s), request that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE, PC By: Brian J. Bleasdale, Esquire Counsel for Defendant(s) VERIFICATION I verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. f% November 29, 2010 Date (Signature of Defendant or Authorized person) VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Strike Defendants' Answer are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. t ? -too L.0 Date t p ?kRD? Schalk, Esquire for Plaintiff PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 ATTORNEY FOR PLAINTIFF Citimortgage, Inc. Court of Common Pleas Plaintiff Civil Division V. Cumberland County Charles E. Hutchison No. 10-6342 Jean M. Hutchison Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Strike Defendants' Answer, Brief in Support thereof and proposed Order were served by regular mail on Defendants' counsel on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 Date: 1 z 3b 60 By: AL96 Schalk, Esquire for Plaintiff CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANL2, VS. CIVIL ACTION - LAW r''w NO. 10-6342 CIVIL r? , CHARLES E. HUTCHISON JEAN M. HUTCHISON, Defendant/Respondent - ZX -- m-'' ? co a IN RE: PLAINTIFFS MOTION TO STRIKE DEFENDANTS' ANSWER ° =. RULE TO SHOW CAUSE AND NOW, this /r day of January, 2011, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument is set for March 11, 2011, at 9:15 a.m. in Courtroom Number 4; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, ?- 14 I-ok Kevin Al ess. P. J. Joweph P. Gda lk. Fa Brian .'8leasdale, Est + ? lei VIF • L1 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. Plaintiff, VS. Charles Hutchison and Jean Hutchison Defendants. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 10-6342 CERTIFICATE OF SERVICE I hereby certify that a copy of the Rule to Show Cause of January 11, 2011 directing the Defendants to file an Answer to the Petition and setting Argument for March 11, 2011, was served upon the following parties by first class mail at the address and on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 PHELAN HALLINAN & SCHMIEG, LLP DATE: 1-1.644 250674 CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS OF Plaintff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 10-6342 CIVIL CHARLES E. HUTCHISON JEAN M. HUTCHISON, Defendant/Respondent IN RE: PLAINTIFFS MQTION TO STRIKE DEFENDANTS' ANSWER RULE TO SHOW CAUSE AND NOW, this day of January, 2011, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument is set for March 11, 2011, at 9:15 a.m. in Courtroom Number 4; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, ""4, 14 Kevin A% ess. P. J. PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. Cumberland County Charles E. Hutchison No. 10-6342 Jean M. Hutchison Defendants E? PLAINTIFFS MOTION TO SMM DEFENDANTS' ANSWER AND NOW COMES Plaintiff, Citmortgage, Inc. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP and hereby files this its Motion to Strike Defendants' Answer and in support thereof avers as follows: 1. On or about October 5, 2010, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to tender timely monthly mortgage payments due February 1, 2010 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A. 2. On November 19, 2010, default judgment was entered in Plaintiff's favor and against Defendants. A true and correct copy of the default judgment is attached hereto, made part hereof and marked as Exhibit "B" ;Ztpl q PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. Court of Common Pleas Plaintiff Civil Division V. Cumberland County Charles E. Hutchison . No. 10-6342 Jean M. Hutchison. Defendants CERTICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Strike Def+ ants' Answer, Brief in Support thereof and proposed Order were served by regular mail on Defendants' counsel on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 Adz-) Date: 11A*-6 By*Aey halk, Esquire Plaintiff AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 250674 DEFENDANT SERVICE TEAM/ kxc C a CHARLES E. HUTCHISON COURT NO.: 10-6342-CIVIL TERM JEAN M. HUTCHISON - C?"I SERVE JEAN M. HUTCHISON AT: TYPE OF ACTION ' tJy 444 CENTERVILLE ROAD XX Notice of Sheriff s Sale A NEWVILLE, PA 17241-9465 SALE DATE: 06/01/2011 Z ? SERVED r t Served and made known to JEAN M. UTCHISON , Defendant on the )54'day of " 20 ' ?=Se, o'clock P. M., attjq¢ QWV*1l 4 _Dr NVWaWe t?A , in the manner described below: , Defendant personally served. ' Adult family member it? h whom Defendant(s) reside(s). Relationshi is S p _ Adult in charge of Defendant's resig ence who refused to give name or relationship. Manager/Clerk of place of lodging I n which Defendant(s) reside(s). _ Agent or person in charge of Defen ant's office or usual place of business. an officer of sal Defendant's company. hJ W t? Other: t ., Description: Age &0 Height 6 Weight ;ZC Race W Sex M Other I, 72?xA?„? ?%td Lt- a compe nt adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indi ated above. Sworn to and subscribed KINIE, V RLY Cli RTY before me this day , r of , 201 Nn A? PUBLIC STA` F% f )F NPY iERSEY Notary: By: My CC)MM1SS1.(,!N E'r?'IRES MARCH 7, 2013 NOTSERVED On the o 20t, at o'clock _. M., Defendant NOT FOUND because: ca _ Does Not E?ist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other. Sworn to and subscribed before me this day of _. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 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. Bramblelt, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kmnedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 n C , a'f`t 5 C'' PLAINTIFF CITIMORTGAGE, INC. PHS # 250674 l"12 DEFENDANT CHARLES E. HUTCHISON JEAN M. HUTCHISON AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY SERVICE TEAM/ kxc COURT NO.: 10-6342-CIVIL TERM TYPE OF ACTION ? XX Notice of Sheriffs Sale ? SALE DATE: 06/01/2011 rnw =C SERVED -IISON , Defendant on the 05 day of rt Kv 'i_ at wdt e P , in the manner described below: C? reside(s).' (D 2SERVE CHARLES E. HUTCHISON ?T: Q -rt O rr, 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 Served and made known to CHARL _:L _1_!5S o'clock Z. M., at 444 C TF? ? Defendant personally served. - Adult family member with whom Relationship is Adult in charge of Defendant's re,, - Manager/Clerk of place of lodgin; - Agent or person in charge of Deft an officer of & Other: Description: Age ?I? Height _ I, ZAI" Nl0 P-, a comp handed a true and correct copy of the case on the date and at the address inc fence wno reluseu Lo give name or relanonsnlp. in which Defendant(s) reside(s). dant's office or usual place of business. d Defendant's company. I 11 Weight ;22A Race W Sex A4 Other adult, being duly sworn according to law, depose and state that I personally -e of Sheriffs Sale in the manner as set forth herein, issued in the captioned i above. Sworn to and subscribed before me this 15'1 day of F96 ,20 Notar y: On the day 20-, at Vacant Does* Not Ekist Kj1 F' :R[,Y C IRTY Nt,r<,, ruallc STATE; C)F N£ )R JERSEY MY COMM1SS1t1N EL`i'IRES MARCH 7, 2013 NOTSERVED o'clock _. M., Defendant NOT FOUND because: Moved - Does Not Reside (Not Vacant) at Other: Sworn to and subscribed before me this day of 2 . By: Notary: ATTORNEY FOR PLAINTIFF l.awrenre T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 .lay B. Jones, Esq., Id. No. 86657 Peter.l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisrwalante P. Fliakos, Esq., Id. No. 94620 .Joshua I. Goldman, Esq., Id. No. 205147 Courtemy R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208-375 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 r ' ?a!3F { D l 6 C, R L PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 ATTORNEY FOR PLAINTIFF Citimortgage, Inc. Court of Common Pleas Plaintiff Civil Division V. Cumberland County Charles E. Hutchison No. 10-6342 Jean M. Hutchison Defendants ORDER AND NOW this 11 day of 1,brjj..4A , 2011, upon consideration of Plaintiff's Motion to Strike Defendants' Answer to Mortgage Foreclosure Complaint and Defendants' response thereto, if any, it is hereby; ORDERED and DECREED that the Answer filed by Defendants on December 1, 2010 is hereby stricken. The Prothonotary is hereby directed to strike Defendants' Answer from the docket. BY THE M x,VA4 J. ? ?,-: c !.3 /c'a Sdo EC CC10;e5 ryve,,.ltd 3111111 ?? Cam, CITIMORTGAGE, INC., PLAINTIFF V. CHARLES E. HUTCHISON AND JEAN M. HUTCHISON, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-6342 CIVIL TERM c-3 c a zrn ? N ORDER OF COURT AND NOW, this day of April, 2011, a hearing on the within motion to reassess damages shall commence at 3:00 p.m., Thursday, June 16, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. saa ?,411igon F' Welts, Em- pHts ?ho?cles E . ?}Ufthison Jean M . t?vfchie0h Npie-5 WileJ 4J19111 orb rn? ?o 4c) =-n o-n =F3 C7 r , ?g V f?H" J. Bey, 1.. CIE CUMBERLAND COUNTY -N,'NS`fL VANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff ; Civil Division V. CUMBERLAND County CHARLES E. HUTCHISON JEAN M. HUTCHISON No.: 10-6342-CIVIL TERM Defendants CERTIFICATION OF SERVICE 250674 I hereby certify that a true and correct copy of the Order of Court Dated April 12, 2011, scheduling Rule Returnable on Plaintiff's Motion to Reassess Damages on June 16, 2011 at 3:00 pm was sent to the following individuals on the date indicated below. CHARLES E. HUTCHISON JEAN M. HUTCHISON 444 CENTERVILLE ROAD NEWVILLE, PA 17241-9465 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 Phelan Hallinan & Schmieg, LLP ?t DATE: By: ? Lawrence T. Phe , Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 [Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 250674 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v CHARLES E. HUTCHISON JEAN M. HUTCHISON Defendant(s) CUMBERLAND COUNT -- ? f " to -a 01 COURT OF COMMON S? '`'v° ?o ? CIVIL DIVISION rLy No.: 10-6342-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto U Lawrence T. Esq., Id. No. 32227 ? Francis all' , Esq., Id. No. 62695 ? Danie ieg, 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. Jon s; Esq., Id. No. 86657 ? Pet ulcahy, Esq., Id. No. 61791 ndrew 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 12z I Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 250674 ao o 101 I o N b N ?QO +,4 fl3'1t'd1P? WO4 T W gSLLL`000 £at6l ?a? Z M , N Y? ?O SW^ONA Q . g Q C4 ?4 ? J y M .? o O h N N oof q .9 > M F ? FEG a a ? F ° y i ? a O o ? Co ? ? A all W N o +? ? w '? '? a, N ti a+ O ? of ,o at c bn a?M w? g a a ?, U>a aV a?z d a!d aQ+°° a ?` ' a ?3 ?° b UpG o C.. a 40`. ova 'NO e > w ag mv,a e ?. o-S9 S L? .0a q d °? c z Quit -cc o o g t O o ° . IX a . = v o a Z ? F? M L? U U ?" Q U ?1 Pr pg N 'r W' vly? ?N rte. L?4 N a ?I.- o? `?-. V M V . F o4 I-a * * 7 z * 4c 49 k ic « « 8 0 N Fa /Y! r, r