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HomeMy WebLinkAbout11-1325 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 6269 5 _ .? 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 p4 Ine i i I F B Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 , Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 253739 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FREDERICK, MD 21703 Plaintiff V. TERM NO. 11-1 3P-5 &(? t " LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 253739 0 1, a1 b55 41 S 1Z4 &5514 /0554 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 #: 253739 1. 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: LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/10/2006 LORI E. SMITH 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. 1958, Page 1666. 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 #: 253739 6 The following amounts are due on the mortgage: Principal Balance Interest 01/01/2010 through 10/17/2010 (Per Diem $22.9609) Attorney's Fees Late Charges through 10/17/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7 8. 9. $128,934.56 $6,652.97 $650.00 $382.50 $550.00 $1,479.94 $138,649.97 Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). File #: 253739 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $138,649.97, together with interest from 10/17/2010 at the rate of $22.9609 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. ?- ? Lawrence T. Phelan, 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 ? udith T. Romano, Esq., Id. No. 58745 LIJ 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 #: 253739 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, being Lot No. 124, in a Plan of Lots known as Chartiers Place, said Plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book 2, Page 69, being more particularly bounded and described as follows: BEGINNING at a point on the south side of Harvard Avenue, which point is 185.00 feet east of the southeast corner of 24th Street and Harvard Avenue, as shown on said Plan of Chartiers Place; thence in a southerly direction along the eastern line of Lot No. 123, as shown on said Plan, 135.00 feet to a 20.00 feet wide alley; thence in an Easterly direction along the northern side of said alley, 50.00 feet to the western line of Lot No. 125; thence in a Northerly direction along the western line of said Lot No. 125, 135.00 feet to the southern side of Harvard Avenue; thence in a Westerly direction along the southern side of said Harvard Avenue, 50.00 feet to a point, the place of BEGINNING. Said Lot No. 124 having a frontage on said Harvard Avenue of 50.00 feet, and extending back an even width 135.00 feet to an alley. HAVING THEREON ERECTED a two and one-half story frame dwelling house and a one and one-half story frame garage known and numbered as 2327 Harvard Avenue, Camp Hill, Pennsylvania. SUBJECT, NEVERTHELESS, to the following restrictions and conditions: 1. No building or any part thereof (excepting porches) shall be erected and maintained at a less distance from the street lines than as shown on said Plan of Chartiers Place. 2. No building, side porch or other structure shall be erected on any lot on said Plan at a less distance than 5 feet from any adjoining property side line (excepting garages at rear of lot). 3. No part of this lot shall be used for mercantile establishment of any kind, apartment house or hospital. 4. Not more than one single dwelling house shall be erected on any lot with a frontage of sixty (60) feet or less, and no double or semi-detached dwelling shall be erected on any lot with a frontage of less than seventy-five (75) feet. File #: 253739 5. No garage shall be erected or maintained upon any part of said lot except a private garage which shall correspond in type and construction to the dwelling house on said lot and shall be for the use only of the owner or occupant of said property. The erection of any such garage shall not be commenced before the erection of the dwelling proper. 6. No solid board fences, billboards or other similar objectionable structures shall be erected or maintained upon said lot. 7. No dwelling shall be erected on this lot at a cost of less than $5,000.00 Dollars, based on September, 1927 price conditions. The foregoing conditions, covenants and restrictions shall extend to and bind the heirs, executors, administrators and assigns of the Grantee. PROPERTY ADDRESS: 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332 PARCEL # 01-22-0535-051 File #: 253739 ,, 416. VERIFICATION David C. Ltxgh , hereby states that he/she is Document Control OM C% f CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. II , DATE: l? 2 Zc IO 9 e: Title: David C. Lough File #: 253739 Servicer: CITIMORTGAGE, INC. Name: SMITH SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 17^ r,/LED-nF-IC ?" Sheriff ?Vttiat ?.lt?u??p?.f? } t ? ? ?' ?4a'=? ? " r• s.? Jody S Smith Chief Deputy ' r ; 7 `Ed}t r Richard W Stewart Solicitor Citimortgage, Inc vs. Lori E. Smith Case Number 2011-1325 SHERIFF'S RETURN OF SERVICE 02/07/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lori E. Smith, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Blair County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/10/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lori E. Smith, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lori E. Smith. Request for service at 2327 Harvard Avenue, Camp Hill, Pennsylvania 17011. SHERIFF COST: $71.50 February 10, 2011 SO ANSWERS, r RON R ANDERSON, SHERIFF ""ff 6r: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Amended FILED-OFFICE OF T14E. PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 MAR 24 PM 2: 15 CUMBERLAND COUNTY PENNSYLVANIA Citimortgage, Inc vs. Lori E. Smith Case Number 2011-1325 SHERIFF'S RETURN OF SERVICE 02/07/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lori E. Smith, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Blair County, Pennsylvania to serve the within Complaint It Mortgage Foreclosure according to law. 02/10/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lori E. Smith, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lori E. Smith. Request for service at 2327 Harvard Avenue, Camp Hill, Pennsylvania 17011. 02/11/2011 12:55 PM - Blair County Return: And now February 11, 2011 at 1255 hours I, Mitch Cooper, Sheriff of Blair County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint ii Mortgage Foreclosure, upon the within named defendant, to wit: Lori E. Smith by making known unto herself personally, at 1013 W. Loop Road, Hollidaysburg, Pennsylvania 16648 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $71.50 March 23, 2011 1 Counrysjji e Shen°E ie'no:;o't In;: SO ANSWERS, RON R ANDERSON, SHERIFF ^3/2 •/2^'_'. '^:28, °AX 0002/002 nATE REC*IVED ' DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBURG, PA. 16648 SHERIFF SERVICE INSW lICTIONS: PROCESS RECEIPT, and AFFIDAVIT OF RETURN Prw woft. ic°"rl"g -dammy Oran coon. 170 0101 detach ariy copies. . "D Env. e r.?'I7Fp IS/ 2. COURT MJMBM 3. DEFENDANT 14 r 1. TYPE OF I OR J 1?lp -SERVE S- NMAE OF )NONIOUAL _ .CANT. cpavoRATION. ETC.. TO sEFMCE OR DES?PTION OF-PWWMTY TAD 0 Ir, ON r 131111CHED SOLD. Luu- 4 ADDRESS Ilwesl or RFD. ment No., SBpro. Tw . Su1e ZIP C) Q AT 7. INQICA'rE UNUSUAL SERVICE: ,PERSONAL RSON IN CHARGE DEPUTIZE RT. MAIL RE ISTERED MAX POSTED OTHER NOW_ . I, SHERIFF OF BLAIR , COUNTY, PA., do herebq'deputiie the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. ?+ERIFF OF BLAIR COON s. SPECIAL INSTRUCTIONS OR OTHER INFOglAATION THAT YYILL ASSIST IN EXPEDITING SERVICE: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN - Any deputy shwW Ieryinp upon tIr altsehNq any Pont" ? wvNhin writ may Mare same :wth0td s walchman. m custody of whomever is found in possession. after rgGfying parson of levy or atfacferlettl, will totA NabMy on the pan of such deouly or the sharill to any olainlill herein Ior arty loss. destruction or removal of any such property before sheritts' saw thereof. 4 SIGNATURE at ATTORN?7?7?7yyy??? 9(other RIGINATQQQR rredue6 a mall 01: 10. TELEPHONE NUMBER 1 1. DATE \ tl \TIFF t 'i - 61 Uverenuwnl SPACE BELOW FOR USE OF SH F ONLY - DO NOT. WRITE BELOW THIS LINE I ackrww ee?,e recap m the w?rh SIGNATURE of Authorized BCSD Deputy or Clerk and Tit I 13. Dente Reeecccaae??rrrr??eeee ten. •EapYal' 12' o• e0117pfainl as mdcaleA above. /+ -- _ 15. I wroby CERTIFY and RETURN that I have personally served. (]nave served person in charge, ? have NM&l evidence of services ast`shown in "penis.- Ion nwrss) I? nave Potted the above described y wins we writ or compHml described on the indivdusl. convany. corporation. etc.. at the address shown above or on the inOlvdwl. corroanv. coroonnior.. etc, at the address untried below by hard inWor Posting a TRUE and ATTESTED COPT thwed. 15. ?1 hereby Bendy and return a NOT FOUND because I am unable to locals the aedividual. company. corporation. ate„ eawtW above. (See remarks bellow) 17. Name and title of •nairdtw served Is A date "'d, jr Order 19. Address d when servem {complete only in dimerom t above) I set or RFD. Apartment No.. Cry. Bow. Two.. 20. Date of Service 21. Time State amd'ZIP Code) 22. ATTEMPTS Dens Mnsa DeP. Inf. Date 11111166 Dep. Int. Date MINs Dep, int. Dare Mties Dep. Inc, pate Mlles Op. Int. 29. :anc# Covs 2 25. 26. 27. Total Coats k C?T? aD C- /1500 z{4CQ'-- 20. REMARKS AFFIRMED and subscrA!q to before me this MY COMMISSION EXPIRES - i +r`runwn Fllr_r =-r IPT nF THE nNE11IFF'3 RETURN SIGNATURE 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 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 MORTGAGE GROUP, INC. VS. LORI E. SMITH Attorney for Plaintiff 5 r rT1 y' .. C-,:) , iuj 7-c ; r CUMBERLAND COUNTY co =,a ?? :^ c -T; COURT OF COMMON PLEASE CIVIL DIVISION : No. 11-1325-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 LORI E. SMITH, 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: Afi? 1ubA5 010 -7 ?0 rLi (?? a 57 to ) 253739 As set forth in Complaint $138,649.97 Interest -10/18/2010 to 03/15/2011 3 4$ , 21.17 TOTAL $142,071.14 I hereby certify that (1) the Defendant's last known address is 1013 WEST LOOP ROAD, HOLLIDAYSBURG, PA 16648-8619, and mortgaged premises 1 ated at 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332, and (2) that notice h b en given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esq. o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judkth T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 ? enine 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 31.g11L PHS # 253739 PROTHONOTARY 253739 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 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. LORI E. SMITH Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-1325-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 LORI E. SMITH is over 18 years of age and last known address is 1013 WEST LOOP ROAD, HOLLIDAYSBURG, PA 16648-8619, and mortgaged premises located at 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332. 253739 This statement is made subject to? enalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / i March 15, 2011 'I Lawrence T. PheWh, 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 ? emne 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 253739 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-1325-CIVIL-TERM LORI E. SMITH Defendant(s) TO: LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 DATE OF NOTICE: March 4, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER II4PORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 253739 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawre T. Phelan' Esq., Id No. 32227 Franc' S. H llinan, Esq., I o. 62695 Dan' l G. Sc ieg, Esq. No. 62205 Michele M. Br sq., 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 'hrisovalante P. Fliakos, Esq., Id. No. 94620 !Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 253739 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. LORI E. SMITH Defendant(s) TO: LORI E. SMITH 2327 HARVARD AVENUE CAMP HILL, PA 17011-5332 DATE OF NOTICE: March 4, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-1325-CIVIL-TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.iF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS 4 253739 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawren T. kinan, , Esq., I No. 32227 Franci S. HEsq., I . o. 62695 Dani G. Sc , d. 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 f hrisovalante P. Fliakos, Esq., Id. No. 94620 `Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 253739 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. . COURT OF COMMON PLEAS VS. LORI E. SMITH CIVIL DIVISION No. 11-1325-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on El a$i I -- If you have any questions concerning this matter please ] Lawrence T. Phelan, Esq., Id. No. 32227 ] Francis S. Hallinan, Esq., Id. No. 62695 ] Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? She p R. Shah-Jani, Esq., Id. No. 81760 ? R. Davey, Esq., Id. No. 87077 s, Esq., Id. No. 93337 R. Taba ? 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 253739 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v LORI E. SMITH Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/16/2011 to Date of Sale ($23.35 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-1325-CML-TERM CUMBERLAND COUNTY 94,20 1.14 $4,109.60 = - 146180.74 p °'e P, E? Q ?- Z_ O 1 C) Attorne for laintiff c. Ph 1 ea Halh an & Schm' g, LLP ? L rence . Phelan, sq., Id. No. 32227 ? Francis S. ' • , Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? ndrew L. Spivack, Esq., Id. No. 84439 hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Note: Please attach description of property. 05 PHS # 253739 Spgoo Fd a '11. so C8F '7k so « rr q''. 00 a ?r 144.00%1, a.sa t?01-15. 56 Pd a 00 0_6 a.saLL_ e4?_ X$ I s1 wh'i 'bf k ? 91,Ionl',,.k1l -o rn ? 00 ¢ E a O '' a a) a UI yam.. W 0 O O r V ? i h rr h F W O O Q FBI W? O F U Oa w ? O - s W e O U F' p 2 WQ w ? W dd o ?1 U U > ? p ? ?+ w ¢ a T N O? 0 0? M r. d O ?p (V O? clq NAcq (S MN ro?OZON OHO 00 M?p?O p? OMO .. dN OM 6 6 zb °z oz~zzb o 0 zz d ti ti•?Z °ZZZ00o2?°Wbb o;zTi w w aw ???? ?W-oww'w W bw•"yWW""W ?W o W od, cr emu" ?? Hxv?? oV)a '7 70 3 W a -C, I Gw > a?i 3 :+ r-,nnnnnt-lMr-lf-lf O? ?L0U JTIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. LORI E. SMITH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-1325-CIVIL-TERM CUMBERLAND COUNTY PHS # 253739 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 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably w ascertained, please so indicate) r LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 = 2. Name and address of Defendant(s) in the judgment: { p _i Name Address (if address cannot be reasonably " ascertained, please so indicate) ' " « ; SAME AS ABOVE - . 3. Name and last known address of every judgment cre ditor 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) Mers, Inc. Formerly - 3300 SW 34`h Avenue Ocala, FL 34471 As of 12/06/2010 - 1901 East Voorhees Street; Suite C Danville, IL 61834 Mers as a nominee for Citibank, N.A., a national banking association Citibank, N.A., a national banking association Citibank, N.A., a national banking association C/o: Rushabh Vora, Closer for Citibank Citibank, N.A., a national banking association C/o: Fiserv Lending Solutions P.O. Box 2026 Flint, MI 48501-2026 3900 Paradise Road; Suite 127 Las Vegas, NV 89109 P.O. Box 790017, MS 221 St. Louis, MO 63179 27 Inwood Road Rocky Hill, CT 06067 5,v 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. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 2327 HARVARD AVENUE CAMP HILL, PA 17011-5332 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty .Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Mers as a nominee for CitiMortgage, Inc. CitiMortgage, Inc. P.O. Box 8486; Willow Oak Building Harrisburg, PA 17105 P.O. Box 2026 Flint, MI 48501-2026 1000 Technology Drive MS321 O'Fallon, MO 63368-2240 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 unworn falsification to authorities. Date: Ir /'// I - By: v Attorney for mU,., Phelan Hall an ? Lawren e T. P o. 32227 Franci S. Hal. 62695 ? Daniel G. Sch. 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? 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. Plaintiff VS. : CIVIL DIVISION NO.: 11-1325-CIVIL-TERM LORI E. SMITH : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY M TO: LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 :r- C:) C- "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA I(W OttAIWD WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B)&KRUPTCY, 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 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332 is scheduled to be sold at the Sheriff's Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $142,071.14 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs 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. 11-1325-CIVIL-TERM CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. VS. LORI E. SMITH owner(s) of property situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, being (Municipality) 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332 Parcel No. 01-22-0535-051 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $142,071.14 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 ground situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, being Lot No. 124, in a Plan of Lots known as Chartiers Place, said Plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book 2, Page 69, being more particularly bounded and described as follows: BEGINNING at a point on the south side of Harvard Avenue, which point is 185.00 feet east of the southeast corner of 24th Street and Harvard Avenue, as shown on said Plan of Chartiers Place; thence in a southerly direction along the eastern line of Lot No. 123, as shown on said Plan, 135.00 feet to a 20.00 feet wide alley; thence in an Easterly direction along the northern side of said alley, 50.00 feet to the western line of Lot No. 125; thence in a Northerly direction along the western line of said Lot No. 125, 135.00 feet to the southern side of Harvard Avenue; thence in a Westerly direction along the southern side of said Harvard Avenue, 50.00 feet to a point, the place of BEGINNING. Said Lot No. 124 having a frontage on said Harvard Avenue of 50.00 feet, and extending back an even width 135.00 feet to an alley. HAVING THEREON ERECTED a two and one-half story frame dwelling house and a one and one-half story frame garage known and numbered as 2327 Harvard Avenue, Camp Hill, Pennsylvania. SUBJECT, NEVERTHELESS, to the following restrictions and conditions: 1. No building or any part thereof (excepting porches) shall be erected and maintained at a less distance from the street lines than as shown on said Plan of Chartiers Place. 2. No building, side porch or other structure shall be erected on any lot on said Plan at a less distance than 5 feet from any adjoining property side line (excepting garages at rear of lot). 3. No part of this lot shall be used for mercantile establishment of any kind, apartment house or hospital. 4. Not more than one single dwelling house shall be erected on any lot with a frontage of sixty (60) feet or less, and no double or semi-detached dwelling shall be erected on any lot with a frontage of less than seventy-five (75) feet. 5. No garage shall be erected or maintained upon any part of said lot except a private garage which shall correspond in type and construction to the dwelling house on said lot and shall be for the use only of the owner or occupant of said property. The erection of any such garage shall not be commenced before the erection of the dwelling proper. 6. No solid board fences, billboards or other similar objectionable structures shall be erected or maintained upon said lot. 7. No dwelling shall be erected on this lot at a cost of less than $5,000.00 Dollars, based on September, 1927 price conditions. The foregoing conditions, covenants and restrictions shall extend to and bind the heirs, executors, administrators and assigns of the Grantee. TITLE TO SAID PREMISES IS VESTED IN Lori E. Smith, by Deed from Beatrice D. Kistler, widow, dated 07/10/2006, recorded 07/12/2006 in Book 275, Page 3110. PREMISES BEING: 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332 PARCEL NO. 01-22-0535-051 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza F ; 0 ?- THDN Philadelphia, PA 19103 :rt'. f '',3 ???', 215-563-70001 [9 A E0, '34 CITIMORTGAGE, INC. S/B/M TO ABN AT GROUP, INC. PENNSYLVA141A Plaintiff V. LORI E. SMITH Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-1325-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 fo Pla' tiff Phelan H line & Schmieg, LP ? La nce T. helan, Es , Id. No. 32227 ? Francis S. Ha ' an, , 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1325 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP Plaintiff (s) From LORI E. SMITH (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 $142,071.14 L.L.$.50 Interest From 3/16/11 to Date of Sale ($23.35) - $4,109.60 Atty's Comm % Due Prothy $2.00 Atty Paid $275.50 Other Costs Plaintiff Paid Date: 4/19/11 avid D. Buell (Seal) By: ,Prothonotary Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. LORI E. SMITH Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 11-1325 CIVIL TERM ??II RULE AND NOW, this ?'6 I? day of t, _2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. Allison 'F Wells, s t Lori E. 5rniA o topl(ao' 0O BY THE COURT C") C= ?a en ? r= yb? rv.a c_ N O rT F C) T? e:)•Tl z F. 253739 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-Jam, 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 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 LORI E. SMITH 2327 HARVARD AVENUE CAMP HILL, PA 17011-5332 253739 f ROTHONOTAR 2011 JUL 27 AN IC; 377 (CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. LORI E. SMITH Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-1325 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 18, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LORI E. SMITH LORI E. SMITH 1013 WEST LOOP ROAD 2327 HARVARD AVENUE HOLLIDAYSBURG, PA 16648-8619 CAMP HILL, PA 17011-5332 253739 Phelan H 1* Sc ieg, LLP DATE: By: ? Lawrence . elan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? jk/niR. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 ivek 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 253739 v y !a PROTHONOTAR i 2011 AUG 12 AM 10. 02 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. LORI E. SMITH Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-1325 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 14, 2011. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 5, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable J. Wesley Oler, Jr. on or about July 18, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be 253739 granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 26, 2011 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 8, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. al ' & Schmieg, LLP DATE: B . Melissa Scheiner, Esquire Attorney for Plaintiff 253739 Exhibit "A" 253739 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 5, 2011 LORI E. SMITH 1013 WEST LOOP ROAD HOLLIDAYSBURG, PA 16648-8619 RE: C.ITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, lr\'C. v. LORI E. SMITH Premises Address: 2327 HARVARD AVENUE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-1325 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 11, 2011. Should you have further q Otherwise, please be guided Aecn please do not hesitate to contact me. Very truly II rence T. Phelt 1 - l+ra ax;-r -a linan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 253739 Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquir Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure 253739 O N wt? a W o xv)? ¢ ? o U a. O c ? yyy c? L 43 G ? zQo TI u - T R C ? a o = $ o O en U ?.a n d { ' ? o c ?3 1 o ? 7 - ^ ° n F c 1`0 m E V a o m $ o o° d ,t 5n c A E n C U ?. c? E h Q1 ?? v c C6 y y v ? E x' E v = w 'x v E c o w o ? r o , "? C N nl ? 4 7 d U ? 1 6 T M C.- O O ?O E 140 o 96 ? ? Vl •"' 4 u o 0 A Q a HE U a C 'G W o 0 E a i ? w E E- > w x _? 3 x ? F F ? o o (0? c W W a ? z u 'O O N cr, M M Z en to en ui O N N a v u? E O N c+? V In o `ai M M N Exhibit "B" 253739 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County LORI E. SMITH No.: 11-1325 CIVIL TERM Defendant RULE AND NOW, this '? day of Ald" 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 be scheduled on this matter. BY THE COURT J. 253739 Exhibit "C" 253739 ; sir= Y-t ,? Pir?-, ul' }• RCTH0N0?ARY fi Al 27 AN 10: J'7 C1bsBERLAi'B BBt1NTy PENNSYLVANIA Phelan Hallinan & Schmieg, LLP ; 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. LORI E. SMITH Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-1325 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 18, 2011 Rule directing the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LORI E. SMITH LORI E. SMITH 1013 WEST LOOP ROAD 2327 HARVARD AVENUE HOLLIDAYSBURG, PA 16648-8619 CAMP HILL, PA 17011-5332 ^1' 177h DATE. __, V Phelan LLP By: lar?, lascl., ld. No. 32227 [] C, awrence Francis , . FFallinan, Esq., Id. No. 62695 [] Daniel G. Schmieg, Esq., Id. No. (52205 Esq,, Id. No. 69849 E] Michele M. Bradford, n Judith T. It otnano, Esq., Id. No. 58745 0 Sheetal R. Shah-3an , Esq., Id. No. 81760 7 Jeni R. Davey, ;sq., Id. No. 87077 11,en R. Tabas V.sq., Id. No. 93317 ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 96657 Peter J. Mrilcahy, Fsq,, I& No. 61791 Andrew L. Spivack Esq-, Id. No. 84439 Chrisovalaitc PI-liakos, Escl., Id. No. 94620 [] Joshua 1. Goldman, Esq., Id. No. 205047 ("mirtenay R. I)un-n, Esq., Id. No. '200779 Allison V, Welts Fscl.. Id. No. 309519 William :. Miller, Fsq., Id. No. 308951 Melissa J. Scheirer, Fsq., Id. No. 3089,12 ATTORNEY FOR 1 i.AINTIF r 253739 Phelan Hallinan & Schmieg, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. LORI E. SMITH Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-1325 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individual on the date indicated below. LORI E. SMITH LORI E. SMITH 1013 WEST LOOP ROAD 2327 HARVARD AVENUE HOLLIDAYSBURG, PA 16648-8619 CAMP HILL, PA 17011-5332 Phel Ili & Schmieg, LLP DATE: By. Melissa Scheiner, Esquire Attorney for Plaintiff 253739 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. LORI E. SMITH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON P.&&S CIVIL DIVISION No.: 11-1325 CIVIL TERUp Dn 20 7?+? O r C) 3-' AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 AFFIDAVIT--I C7.1 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 Cail?xr- Receipt stamped by the U.S. Postal Service is attached heretgF, ihit «A ---- , Allison F. )V'ells, E Id. No.309519 Date: AW=ay fnr ai? ? 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 # 253739 EXHIBIT A L S ,.. +G ?s M R a -V? rT-F Ll c o ??06 a ro O a c r ° O p ? ? uW ? .fit w u O ° o o C a ea ya e` a p C :t q (, I .., e6? s W "? >? " ° G cU Wm 4 41 d& w q?i o ?,.. e 3 :4 t V] M L~ z ... d C L O u y?Q. K .p a Nr Wc^ u ° ay ° tMry vQ'n0 c w°g Oe°h oUN er? G ro` . ?n 41 ooW??°`°? yea I'- on " U c< > a o wd w.°nAO da `^? 8 ° e° a o a o fi v c $N °'4 RL o°?° eo ^OG >M 0.u V yyt Qfika oYe?+.Sia$O4a d?eC -0n ?ognaeiy`r?zCVo Z v Z r aa*+ n?r aok"?iLw"??y? Oa Z `r3UgU.`?.C UApO?$tsvSu?o?' y..a?qa°Oap?' ai w qx" i 4 .? ..? $ ee O a ? .o $ -r5' Ci ? o _ t*.?vS?" grU4?sUe+iJUU?.t ? °n uQ a'r.7`$ki « x x a x ? x x x T x x x • x n> x *K x v x O Q y 05 C N n 00 .^a N V e 2 I!Q I a 0 v M +? o (r 4 Ell. m A ro'S d a° a n U O a° a N N i ? :.a o N ? M ~? iiw? 9•? ? • O 4 H .S ??11 a ?3•?0 9 ? ?w 6?B V 7 N O ? V •9 u ? p ti a ? aL, i o C L Lq Q0 0 " ?a ea. 0.0 v ? N ;--!fr @ L L CL ci ZUt?°AAF.Q;x w A * N b N y q z¢o W a N 0 O y Ci O ° r"a L ¢ A ? ? W L 4`W?i F o O u A. 00 ?w o 2 w ° O p'7 R.O. a >Q y', REi ?. a f L _o E W r{ ° a x AC * * w ? o? ..; N M ? V7 ?p h 00 O? O ^? N M ? ? ? ,a++ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA A z c CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. LORI E. SMITH Defendant Court of Common Pl -? 2' Civil Division w.- -'r- ? ' - - CUMBERLAND Cot j : , -- No.: 11-1325 CIVIL TERM-'N ORDER AND NOW, this (j'?day of A v J . , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $128,934.56 Interest Through September 7, 2011 $14,105.77 Per Diem $22.96 Late Charges $382.50 Legal fees $1,325.00 Cost of Suit and Title $1,036.00 Property Inspections/ Property Preservation $1,816.50 Suspense/Misc. Credits ($520.86) Escrow Deficit $5,285.37 TOTAL $152,364.84 Plus interest from September 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. FW s/ a? 253739 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor C'FF 23 BE RL -'ENtlS Citimortgage, Inc vs. Lori E. Smith Case Number 2011-1325 SHERIFF'S RETURN OF SERVICE 06/23/2011 02:10 PM - Deputy Ronald Hoover, 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 2327 Harvard Avenue, Camp Hill, PA 17011, Cumberland County. 09/08/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Federal Home Loan Mortgage Corporation, of, 8200 Jones Branch Drive, Mailstop 202, McLean, VA 22102 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $751.27 SO ANSWERS, October 21, 2011 RON R ANDERSON, SHERIFF tb?,t't) eP ` a c. -) -06) '3a (c' cointys'lac jr:er?ti. Ie eosoit. In,;. On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 2327 Harvard Avenue, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-1325 Civil Citimortgage, Inc vs. Lori E. Smith Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-1325-CIVIL-TERM CITI- MORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. LORI E. SMITH, owner(s) of property situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, being 2327 HARVARD AVENUE, CAMP HILL, PA 17011-5332. Parcel No. 01-22-0535-051. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $142,071- .14. 62 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: July 15, July 22 and July 29, 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. f sa Mane Coyne, E itor SWORN TO AND SUBSCRIBED before me this day of Jul 2011 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 ,The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-.1Tews Now you know 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 Hy ofalaf)ecerbon AMROMOM vs. LORI E SMr _W9*) of armbe of 4m6" - p, bft x327 A$VAVMM CAW ffff -J, 1? fe[?elNti. f (Amw i. ) 11JDK ?1?3'AMtYUI't'h 5141,Q7L14 This ad ran on the date(s) shown below: 07/15/11 07/22/11 07/29/11 Sworn to and ibscribed before rr,iPp M 18,dhy cif August, 2011 A.D. MAW Imo. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner Notary P Lower Paxton TPublic ( MY Commission'' ?auphln County Member, aenn EXPIres Nov' 26, 2011 sYlvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal Home Loan Mortgage , Corp is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 19 day of April, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 1325, at the suit of CITIMORTGAGE Inc S/B/M to ABN Amro Mortgage Group Inc. against Lori E. Smith is duly recorded as Instrument Number 201129285. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this day of to , A.D. of Deeds My t?wwhdm ts Feet tl =kVdJWL 2014