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HomeMy WebLinkAbout11-3209Phelan Hallinan & Schmieg, LLP ? j Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FU'_-D -OFFICE 2011 HAR 23 AN 10: 12 ul,MBERLAND COUNTY ENNSYLVANI1 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. ANTHONY M. SWARTZ 6589 CARLISLE PIKE MECHANICSBURG, PA 17050-1765 Defendant 256474 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11- 3aoq CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 256474 d qa 66 `4al a7a;5as cqs? 5 s 1P 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 #: 256474 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY M. SWARTZ 6589 CARLISLE PIKE MECHANICSBURG, PA 17050-1765 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/18/2008 ANTHONY M. SWARTZ made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200822814. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 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 #: 256474 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2010 through 11/14/2010 (Per Diem $17.7165) Attorney's Fees Late Charges through 11/14/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8 $95,800.31 $2,385.83 $650.00 $95.34 $550.00 $181.99 $99,663.47 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 #: 256474 E'I WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $99,663.47, together with interest from 11/14/2010 at the rate of $17.7165 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: L .- ? Lawre helan, q., Id. No. 32227 ? Fran s . Hallinan, E q., Id. No. 62695 ? Da el G Schmie sq., Id. No. 62205 ? Michele ord, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 256474 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Ernest J. Walker, Professional Engineer, dated December 28, 1976, as follows: BEGINNING at a point on the South side of Carlisle Pike, Pa. Route No. 11 at the dividing line between premises No. 709 Carlisle Pike and the premises herein described, said point also being 150 feet East of the Existing centerline of Valley Road; thence along said dividing line South 34 degrees East 150 feet to a point in the Northern line of Walnut Alley; thence along the Northern line of said alley, South 65 degrees West 44 feet to a point at land now or formerly of John Bricker, Jr.; thence along said land the following courses and distances; North 34 degrees West 103 feet to a point; thence North 65 degrees East 3 feet to a point; thence North 34 degrees West 47 feet to a point in the concrete walk; thence through the concrete walk, North 65 degrees East 41 feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known as No. 6589 Carlisle Pike, Mechanicsburg, Pa., formerly known as 711 Carlisle Pike. PROPERTY ADDRESS: 6589 CARLISLE PIKE, MECHANICSBURG, PA 17050-1765 PARCEL # 38-18-1332-031 File #: 256474 ¦ `. VERIFICATION DOW C. Luugh hereby states that he/she is Dopwrm t taftw i CTTIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Z 11o Name: David Q Laigh Title: Servicer: CTTIMORTGAGE, INC. PHS#: 256474 Name: SWARTZ F1LED-OF F HCE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esq.I.D. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 201 I JUN -9 APB 10: r 4, CUMBERLAND COWNT `E PENNSYLVANIA ATTORNEYS FOR PLAINTIFF Citimortgage, Inc. Plaintiff VS. Anthony M. Swartz Defendant : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 2011-3209 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following person, Anthony M. Swartz at 6589 Carlisle Pike, Mechanicsburg, PA 17050; on June 8, 2011, in accordance with the Order of Court dated May 23, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: June 8, 2011 PHELO1 H)OL)NN?d"&'SCHMIEG, LLP :T J By: I _ Lawrence T. P sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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.I.D. No.308951 Attorneys for Plaintiff PHS# 256474 F TIE PROTHO FILED-OFFICE Phelan Hallinan &Schmieg LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. ANTHONY M. S WARTZ Defendants 1011 JUN 23 AM 10: 34 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 11-3209 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE a c k W 109 SPs 12 µ69 a y TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL CHMIEG, LLP By: 0. 32227 ? Francis S. Hallinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. N w. 62205 ? Michele M. Bradford, Esq.,. No. 69849 ? Judith T. Romano, Esq., M. 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 ? An ?blett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Date: June 22, 2011 /clo, Svc Dept. File# 256474 Post by: ASAP AFFIDAVIT OF SERVICE - Cumberland (JNQ PLAINTIFF Citimortgage, Inc. COUNTY: Cumberland COURT NO. 2011-3209 DEFENDANT TYPE OF ACTION Anthony M. Swartz XX Mortgage Foreclosure SERVE AT: Eviction Anthony M. Swartz XX Civil Action Complaint on Promissory Note 6589 Carlisle Pike Mechanicsburg, PA 17050 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served = o -v3 = --i Swartz Defendant on the day of 'T,4- N . 24 t 1 wn to Anthonv'M k d d d d 0 " M- . e no ma an Poste Poste at o'clock, ,F. M., at 6589 Carlisle Pike Meohanicsbura PA 17050, in the manner described below: Z "Orn Defendant personally served. Adult family member with whom Defendant(s) reside(s). <? S Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. 2>p =CD Z _ Q-rl Z Manager/Clerk of place of lodging in which Defendant(s) reside(s). vz © °rn Agent or person in charge of Defendant's office or usual place of business. D an office of said defendant company. O 1-i1£ QoPf? t`? Other PA52ZFZQ "? Description: Age Height Weight Race Sex Other 1 MO GL- , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is ade subject to the penalties of 18 Pa. C.S. Sec. 4904 a unsworn falsifi oXtou rities. DATE: I G ( NAME: PRINTED NAME: ? ?lJ ?D ? &L TITLE: 7y f plod saadlap-- On the _ day of 20_, at _ o'clock _ M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmicg, Esquire 1 PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FILE# 256474 t=1LED-OFFICE T-'!- PROTHONOTARY Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Citimortgage. Inc vs. Anthony M. Swartz 2011)"L 29 ISM 10: 17 ClIJMSERLAND COUNTY PENNSYLVANIA ATTORNEYS FOR PLAINTIFF Court Of Common Pleas Civil Division Cumberland County No. 2011-3209 256474 I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated 05/23/11 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in Cumberland Law Lima] on 06/17/11 and The Sentinel on 96/11 /11. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP 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 Melissa J. Scheiner, Esq., Id. No. 3 0 8 9 1 4--- PHEL ABy• Attorneys for Plaintiff Date: July 27, 2011 PHS# 256474/JRM PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 17, 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. 74 10 ?' I Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 17 day of June. 2011 Q Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 2011-3209 Citimortgage, Inc. VS. Anthony M. Swartz NOTICE To Anthony M. Swartz: You are hereby notified that on March 23, 2011, Plaintiff, Citimort- gage, Inc., filed a Mortgage Fore- closure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County, Pennsylvania, docketed to No. 2011-3209. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 6589 Carlisle Pike, Mechanicsburg, PA 17050 whereupon your property would be sold by the Sheriff of Cum- berland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 June 17 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13f,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 11, 2011 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are Sworn to d subscrib before me this 2.2t-in 2 Notary Public My commission expires: F OTARIAL SEAL ANN HECKENDORN Notary Public OUGH, CUMBERLAND CNTY ion Expires Jan 27, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Citl; Inc. Vs. Anthony M. Swartz COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 2011-3209 N TICE TO Ant" M. Swartz: Youuare tlorefay uotiied that on Pfahtllf, Inc., fled a Mortgage Foreclosure Complaint endoreed *0 a Notice to Defend ap you in this Common Pkaa Of CwnbwWW COunty Pennoyl?aMa, dOQ1W to No. 201 f GtOSOA -32011. Wppreln*kA'nW i- "D to foreclm On thf aap9peoscur4 d Oityourproperty boated ? 0*0, M*OhanfOabuN, PA I MW wbeoupon your property would be OW by the Sheriff of YOV ! h0*4y nOtBed a Plead 10 the above referenced Complaint on or before 20 days from the data of Vila Q IIOaVdrh lot a *itlq 088 t will be entered against you. NOME ff you *Ah todrNMd, you mustartiWa written appearance Personally or by atomoy and fileyourdefenses or objections i"wOV with tba.cmK YOUNG warned tut if you fall to do so the case may p1OO9W without yOu and a judgment stlhar you wW#M turner natfae for the Wief requested by tho pWn W.'You may boo money or YMLD T ft IS TTO TO'iOUR LAWYER AT ONCE. IF YOU•DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICrESET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION IF YOU CANNOT AFFORD TO HIRE A LAWYEK THSOFFIOE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 s that he/she is not t matter of the ertisement, and that regoing statement as acter of publication 1 before me this At2hi AU U ..f L w Notary Public NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 11, 2011 COPY OF NOTICE OF PUBLICATION 'NOTICE OF IN THE COURT OF COMMON ?AS OF Cumberland COUNTY, PEENNEYLVANIA CIVIL ACTION- LAW I Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs . CUMBERLAND County ANTHONY M. SWARTZ Defendant No. 11-3209 CIVIL TO THE PROTHONOTARY: PRAECIPE FILED-OFFICE 011THE FgQTHONOTAR', 2012 MAR 13 AM 10: 26 CUMBERLAND COUNTY PENNSYLVANIA 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# 256474 PHELAN , LLP By: awrence T. Phe )1d. . 32227 Francis S. Hallinan, 62695 Daniel G. Schmieg, 62205 Michele M. Bradforo. 69849 Judith T. Romano, E8745 Sheetal R. Shah-Jano. 81760 Jenine R. Davey, Es 077 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 Andre . Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff DVXV % 9. SOO a)? /Ijc.lkl Iy Sa 39-4> PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff vs ANTHONY M. SWARTZ Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-3209 CIVIL 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: ANTHONY M. SWARTZ 6589 CARLISLE PIKE MECHANICSBURG, PA 17050-1765 Date: By: La?frence T. Phelai , . No. 32227 Francis 7. a man, No.62695 Daniel G. Schmieg, 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 Andr w C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff