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HomeMy WebLinkAbout10-7549r Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ~~G~Q_Q~.F~~~ Francis S. Hallinan, Esq., Id. No. 62695 ~~- ~-~,~~ p~~-~tla~~~.~~~~ 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 ~~M~~~~A~~ ~a~~'1, Jenine R. Davey, Esq., Id. No. 87077 P E ~tl~ S YL~'~i ~ 1 A Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 254788 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21?03 v. Plaintiff SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~ NO. ~ C7 --~ ~J~' I CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 254788 ~~~ ~~ C~v`k ~ s4 ~g~ c~~ a5a~o~a 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 #: 254788 Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/10/2000 SANDRA K. MILLER 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. 1605, Page 811. 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 07/01 /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 #: 254788 '6. The following amounts are due on the mortgage: Principal Balance $97,369.49 Interest $3,303.00 06/01/2010 through 10/25/2010 (Per Diem $22.6751) Attorney's Fees $650.00 Late Charges through 10/25/2010 $175.28 Mortgage Insurance Premium / $38.00 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $102,085.77 Escrow Credit 354.95 TOTAL $101,730.82 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 #: 254788 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $101,730.82, together with interest from 10/25/2010 at the rate of $22.6751 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 B ~ _ Y~ ^ 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 ^ ith 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 #: 254788 LEGAL DESCRIPTION ALL THAT CERTAIN Lot of land together with improvements thereon, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at a spike set in Township Route 358 (Fox Hill Road) at line of Parcel A on the hereinafter described draft of survey; thence along Parcel A, South 64 degrees 54 minutes 06 seconds East, 100 feet to a set iron pin; thence continuing along Parcel A, North 73 degrees 27 minutes 36 seconds East, 417.95 feet to a set permanent reference monument; thence continuing along Parcel A, South 71 degrees 14 minutes 14 seconds East, 470.78 feet to a set permanent reference monument; thence continuing along Parcel A, North 74 degrees 45 minutes 35 seconds East, 451.84 feet to an iron pin set at line of lands now or formerly of Melvin B. Leid; thence along lands now or formerly of Melvin B. Leid, South 30 degrees 30 minutes West, 1252.33 feet to an existing post at line of land now or formerly of Sondra K. Mellinger; thence along lands now or formerly of Sondra K. Mellinger and continuing along lands now or formerly of Gary R. Armstrong, North 82 degrees 28 minutes 42 seconds West, 192.40 feet to an existing spike in Township Route #360 (Jumper Road) at line of lands now or formerly of Thomas A. Riccoine; thence in said Township Route #360 and along lands now or formerly of Thomas A. Riccoine, North 44 degrees 16 minutes O1 second West, 118.77 feet to a set spike; thence along the same, North 25 degrees 21 minutes 10 seconds West, 126.27 feet to a set spike; thence continuing along the same and along lands now or formerly of Donald L. Hoffinan, North 34 degrees 31 minutes 4 seconds West, 269.69 feet to a set spike; thence continuing along the same and along lands of William S. Herb and Ralph J. Mozingo, North 30 degrees 55 minutes 41 seconds West, 581.64 feet to a spike set in the centerline of Township Route #358 (Fox Hill Road) at line of File #: 254788 land now or formerly of David R. Newell; thence in said road and along lands now or formerly of David R. Newell by a curve to the right, and having a chord bearing, North 25 degrees 44 minutes 41 seconds East, a radius of 488.96 feet and a chord length 77.74 feet, 77.82 feet to a set spike; thence along lands of the same by a curve to the right having a chord beazing, North 23 degrees 08 minutes 30 seconds East, a radius of 312.27 feet and a chord length of 21.32 feet, 21.33 feet to the place of BEGINNING. CONTAINING 19.3302 acres, more or less, according to the draft of survey of Thomas Michael Englerth, R.S., dated July 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 70, at Page 135 and being Parcel B thereon. PROPERTY ADDRESS: 173 JUMPER ROAD, NEWBURG, PA 17240-9386 PARCEL # 11-09-0507-035 File #: 254788 VERIFICATION Revert' ,I. Galiirtwre y ~ocur~ent control Officer Y hereb states that he/she is of CITIMORTGAGE, 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 convect 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. ~/~ GZ- Name: Beverly J. GaNimore DATE: /~' ~ 7 ~ ~D PHS#: 254788 Title: Docu Contro(O ff~ Servicer: CITIMORTGAGE, INC. Name: MILLER SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor u n Amended 29110 DEC 29 AM 1®* L? `CUMBERLAND C01J T", PENNSYLVANIA CITIMORTGAGE, Inc. I Case Number vs. 2010-7549 Sandra K. Miller SHERIFF'S RETURN OF SERVICE 12/16/2010 01:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Decembe 16, 2010 at 1335 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra K. Miller, by making known unto herself personally, at 173 Jumper Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT LBITN?E-R, DEPU SHERIFF COST: $46.00 December 17, 2010 ic) -ot.mtyS,xo Shenft. Te!aa.=.oft. {nc. SO ANSWERS, RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7549 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From SANDRA K. MILLER (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 $103,839.60 L.L.$.50 Interest FROM 1/27/2011 to Date of Sale ($17.07 per diem) - - $2,150.82 Atty's Comm % Atty Paid $:11$. 50 Plaintiff Paid Date: 2/24/11 (Seal) REQUESTING PARTY: Due Prothy $2.00 Name: ALLISON F. WELLS, ESQUIRE Address: 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v SANDRA K. MILLER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/27/2011 to Date of Sale ($17.07 per diem) TOTAL (A, ooh ob .6 410,66 WF ?'Ja•oD ?? c? a 50 u s? $ 1-7s .50 Pei __ I Note: Please attach description of property. PHS # 254788 a.. -cxxe Co - n -° co rnrn -c ? .42 Co s" 7? n ZG d rn w is ca tv 'n C) C.-1 O r-i VFan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 227 Francis S. Hallinan, Esq., Id. .62695 Daniel G. Schmieg, Esq., I . o.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 R. 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 R. Dunn, Esq., Id. No. Courtena 206779 C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7549 CUMBERLAND COUNTY $103,839.60 $2,150.82 CL i6s?•- I2qg -)r k of L`L ,LSD ctie w O9 d W W? a? a oa H O U 00 O? UW ?U 7 °a W C7 d C7 H a 0 0 d a? sa U >> a A. ?A 0 U W 9 o l O W ? U -o a? a? a 3 rn Q IC 00 M O? O ?WC7 0 N y? \N('n0000 TO?i??OMO NNN0 'r"- It - N Ac! M?? p pMN Z"N 00+0 wz o 6Z oZ0000?NN? cb o °ZM o a zZbzb d d ?? oz rzz° cz ?pap?b ti ti~ zzzoozbW'd;d "z ?i t7?'--? ~° ,On"'-? y"'d ;° "mod ° •° N y 'O "'^ .?W ??'ti ?W o~z a"W-?WWWw J9+ a W W y,? W' y g y b m ?? w W W `d y w o W W W j"! ? y 3 3 ° ? .? sa .^5. `'? °' °°' ei GCS ? °' y ? ? °' H •? ,wAti n °;a>tiaa u"U ?a3 ???????????????? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. SANDRA K. MILLER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7549 : 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. i- ------7helan Hallinan & Schmieg, L N ? Lawrence T. Phelan, Es . No. 32227 ? Francis S. Hallin sq., Id. No. 62695 c y C) ? Daniel G. Schmieg, Esq., Id. No. 62205 +.ii .ct CZ> ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 _ ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 1? U-i U-1 w ? Jenine R. Davey, Esq., Id. No. 87077 co ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ° v ? Jay B. Jones, Esq., Id. No. 86657 T ? 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 ? Aadfew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 SK CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. SANDRA K. MILLER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7549 CUMBERLAND COUNTY PHS # 254788 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 173 JUMPER ROAD, NEWBURG, PA 17240-9386. Name and address of Owner(s) or reputed Owner(s): Name SANDRA K. MILLER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably C ascertained, please so indicate) fi:T -,? 173 JUMPER ROAD ?- Lo na .? NEWBURG, PA 17240-9386 C '- 2 © C 1:) 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) 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. r' 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 173 JUMPER ROAD NEWBURG, PA 17240-9386 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: "J) 10 11, 1 Attorney for Plainti PLelm man & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 322 ? Francis S. Hallinan, Esq., Id. No. 626 ? Daniel G. Schmieg, Esq., Id. No. 62 5 ? Michele M. Bradford, Esq., Id. N . 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 ? co nay R. Dunn, Esq., Id. No. 206779 ? drew 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.: 10-7549 VS. SANDRA K. MILLER CUMBERLANDOIRTY-d Defendant(s) -T,,- irri a ` , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY P 8 TO: SANDRA K. MILLER o-n -- rl ?c c? 173 JUMPER ROAD NEWBURG, PA 17240-9386 "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 173 JUMPER ROAD, NEWBURG, PA 17240-9386 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 $103,839.60 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 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. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7549 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. SANDRA K. MILLER owner(s) of property situate in HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 173 JUMPER ROAD. NEWBURG, PA 17240-9386 Parcel No. 11-09-0507-035 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $103,839.60 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN Lot of land together with improvements thereon, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at a spike set in Township Route 358 (Fox Hill Road) at line of Parcel A on the hereinafter described draft of survey; thence along Parcel A, South 64 degrees 54 minutes 06 seconds East, 100 feet to a set iron pin; thence continuing along Parcel A, North 73 degrees 27 minutes 36 seconds East, 417.95 feet to a set permanent reference monument; thence continuing along Parcel A, South 71 degrees 14 minutes 14 seconds East, 470.78 feet to a set permanent reference monument; thence continuing along Parcel A, North 74 degrees 45 minutes 35 seconds East, 451.84 feet to an iron pin set at line of lands now or formerly of Melvin B. Leid; thence along lands now or formerly of Melvin B. Leid, South 30 degrees 30 minutes West, 1252.33 feet to an existing post at line of land now or formerly of Sondra K. Mellinger; thence along lands now or formerly of Sondra K. Mellinger and continuing along lands now or formerly of Gary R. Armstrong, North 82 degrees 28 minutes 42 seconds West, 192.40 feet to an existing spike in Township Route #360 (Jumper Road) at line of lands now or formerly of Thomas A. Riccoine; thence in said Township Route #360 and along lands now or formerly of Thomas A. Riccoine, North 44 degrees 16 minutes 01 second West, 118.77 feet to a set spike; thence along the same, North 25 degrees 21 minutes 10 seconds West, 126.27 feet to a set spike; thence continuing along the same and along lands now or formerly of Donald L. Hoffman, North 34 degrees 31 minutes 4 seconds West, 269.69 feet to a set spike; thence continuing along the same and along lands of William S. Herb and Ralph J. Mozingo, North 30 degrees 55 minutes 41 seconds West, 581.64 feet to a spike set in the centerline of Township Route #358 (Fox Hill Road) at line of land now or formerly of David R. Newell; thence in said road and along lands now or formerly of David R. Newell by a curve to the right, and having a chord bearing, North 25 degrees 44 minutes 41 seconds East, a radius of 488.96 feet and a chord length 77.74 feet, 77.82 feet to a set spike; thence along lands of the same by a curve to the right having a chord bearing, North 23 degrees 08 minutes 30 seconds East, a radius of 312.27 feet and a chord length of 21.32 feet, 21.33 feet to the place of BEGINNING. CONTAINING 19.3302 acres, more or less, according to the draft of survey of Thomas Michael Englerth, R.S., dated July 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 70, at Page 135 and being Parcel B thereon. TITLE TO SAID PREMISES VESTED IN Sandra K. Miller, single woman, by Deed from Daniel Courage and Karla Courage, h/w, dated 04/10/2000, recorded 04/12/2000 in Book 219, Page 143. PREMISES BEING: 173 JUMPER ROAD, NEWBURG, PA 17240-9386 PARCEL NO. 11-09-0507-035 QLEO'0FF" R- , r NE pR07"040 •AV 211, APR 12 PM 2:1 1 Ci1M8ERLAN9 C00V%T`f PEl?NSYLVANIR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. SANDRA K. MILLER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7549 4 RULE AND NOW, this day of 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will led on this matter. THE C J. 254788 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 SANDRA K. MILLER 173 JUMPER ROAD LOA NEWBURG, PA 17240-9386 Ou' 0* i es ll ql A Allison F Wells, P H+5 254788 254788 € E? t iCE. s f" C s H0N0TARt 2€'I I APR 20 AM II: 07 "`UMSERLAND COUNT';' PENNSYLVANIA 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. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division v. CUMBERLAND County SANDRA K. MILLER No.: 10-7549 Defendant CERTIFICATION OF SERVICE 254788 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 2, 2011 was sent to the following individual on the date indicated below. SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 Phelan Hallinan & Schmieg, LLP DATE: By: r?? - _ ? Lawrence T. Phe , Es ., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 254788 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson, ( i c Sheriff t r Jody S Smith Chief Deputy' 1 0r T -J (' ! Richard W Stewart CUM ,t- hL Ar1 tU',! Solicitor PP 1 5 IN N S i L 4 o l A CITIMORTGAGE, Inc. Case Number vs. 2010-7549 Sandra K. Miller SHERIFF'S RETURN OF SERVICE 03/18/2011 12:00 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 173 Jumper Road, Newburg, PA 17240, Cumberland County. 03/18/2011 12:00 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sandra K. Miller at 173 Jumper Road, Hopewell Township, Newburg, PA 17240, Cumberland County. 05/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 08/02/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 09/30/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $963.37 SO ANSWERS, September 30, 2011 RON R ANDERSON, SHERIFF ? 0 LL pl ,cj On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, Known and numbered as, 173 Jumper Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 B Real Estate Coordinator iluZ CUMBERLAND LAW JOURNAL Writ No. 2010-7549 Civil CITIMORTGAGE, Inc. VS. Sandra K. Miller Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7549, CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORT- GAGE GROUP, INC. vs. SANDRA K. MILLER, owner(s) of property situate in HOPEWELL TOWNSHIP, Cumber- land County, Pennsylvania, being 173 JUMPER ROAD, NEWBURG, PA 17240-9386. Parcel No. 11-09-0507-035. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $103,839- .60. 55 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 'ry 2020 Technology Pkwy Suite 300 Mechanicsbiurg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Patr1*0tWX(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854 and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2010-7549 Civil Term CITIMORTGAGE, Inc. Vs Sandra K. Miller Atty: Daniel Schmleg By virtue of a Writ of Execution NO. 10- 7549 CIITMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. SANDR„ K. MILLER owner(s) of property situate in HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 173 JUMPER ROAD, NEWBURG, PA 17240-9386 Parcel No.11-09-0507-035 (Acreage or street address) Improvements thereon: RESIDEISITIAL DWELLING JUDGMENT AMOUNT: $103,839.60 This ad ran on the date(s) shown below: 04122111 ........... Sworn to and subscribed before me this 23 day of May, 2011 A.D. Notary Public COMMONWEALTH OF pENNS't LVANIA NotarW Seal _ i Sherrie L. Klsner, Notary Public tower ?axton Twp., Dauphin (:aunty My Commission Expires Nov. 26, 2011 P,iember, PrsnnOvania Association of Notaries 04/29/11 05106/11 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHELAN CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division CC, --a r,-r vs CUMBERLAND L. SANDRA K. MILLER No. 10-7549 - o Defendant' PRAECIPE TO THE PROTHONOTARY: By: ?. ? 4m--4 Cr Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHS# 254788 Attorney For Plaintiff LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, 2695 Daniel G. Schmieg sq., Id. No;605 Michele M. Bra or , Esq., Id. 9849 Judith T. Romano, Esq., Id. No 5 Sheetal R. Shah-Jani, Esq., . 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 ARdf ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff ?A 011? y-W a?S-7 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County SANDRA K. MILLER Defendant No. 10-7549 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 Date: By: ' Lawrence T. ikhelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 1d. No. 62205 Michele M. Bradford, Es .V No. 69849 Judith T. Romano, Esq., I. 58745 Sheetal R. Shah-Jani, EsqNo. 81760 Jenine R. Davey, Esq., Id. 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 Andre . C. Bramblett, Esq., Id. No. 208375 son F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff