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HomeMy WebLinkAbout11-3805Phelan 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 -- r ?,,11 -?c??R?SYL??xiA ATTORNEY FOR PLAINTIFF 215-563-7000 266525 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE MAIL STATION CIVIL DIVISION OTALLON, MO 63368-2240 TERM Plaintiff 4 ^ C V. NO. 11.3 W J KIM R. CUFF CUMBERLAND COUNTY 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 266525 lloo' 00 ecl a 4P Q t ID-M& S 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 #: 266525 I. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: KIM R. CUFF 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/05/2005 KIM R. CUFF 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. 1894, Page 459. 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 11/01/2010 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 #: 266525 a 6. The following amounts are due on the mortgage: Principal Balance $100,671.70 Interest $2,421.56 10/01/2010 through 03/05/2011 Late Charges through 03/05/2011 $244.05 Subtotal $103,337.31 Escrow Credit $3( 41.21) TOTAL $102,996.10 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #3: 266525 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $102,996.10, together with interest from 03/05/2011 at the rate of $15.5145 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawr T. Phelan, sq., Id. No. 32227 ? Fra cis . Hallinan, sq., Id. No. 62695 ? D iel Schmi ,Esq., Id. No. 62205 ? Michele . adford, 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 Attorneys for Plaintiff File #: 266525 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the improvements erected thereon, situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line eighty-two and five hundredths (82.05) feet to Lot No. 33 on said plan; thence in a westerly direction along said Lot No. 33, one hundred one and eighty-three hundredths (101.83) feet to Lot No. 39 on said plan; thence in a northerly direction along said Lot No. 39, ninety-four and seventy-eight hundredths (94.78) feet to the southerly line of Columbia Avenue, one hundred (100) feet to the place of BEGINNING. BEING Lot No. 38, Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 4, Page 8. Thereon erected a single brick dwelling house. BEING the same premises which Patricia Ann Caporale, et al, by Indenture dated October 13, 2000 and recorded in Carlisle in the County of Cumberland on October 18, 2000 in Deed Book 231, Page 693, granted and conveyed unto Michele L. Snader and Kim R. Cuff, Grantors herein. PROPERTY ADDRESS: 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 PARCEL # 01-22-0536-288 File #: 266525 VERIFICATION Aft_k%M 900MW hereby states that he/she is Document C wad OffiWof CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., that he/she is authorized to make 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: -A /I I Ol PHS#: 266525 Maine: A& k%ft 900WW Title: Doctonent CServicer: CITIMORTGAGE, INC. Name: CUFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3805 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From KIM R. CUFF ( I ) 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: $104,361.38 L.L.: $.50 Interest from 6/2/2011 to Date of Sale ($17.16 per diem) - $3,243.24 Atty's Comm: °% Due Prothy: $2.00 Atty Paid: $175.50 Other Costs: Plaintiff Paid: Date: 7/1,111 f? David D. Buell, Prothonotary (Sea!) --?? ? o Deputy REQIJFS T ING PARTY: Name: JOSHUA L GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v KIM R. CUFF Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/02/2011 to Date of Sale ($17.16 per diem) TOTAL G'M. CA a.oo it k 1 ?. U U ?? t 1 SC a. *l-I S.SDP? Q Note: Please attach description of property. PHS # 266525 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3805 CIVIL CUMBERLAND COUNTY rr' f $104,361.38 - cn r-- ? ?, rr? $3 243 24 r , . -' g $107,604.62 ? - Attorney M°Plai 'tiff Phelan allina & Schmieg, L P F1 Law ence T. helan, Esq., No. 32227 ? Fra cis S. Ha roan, Es d. No. 62695 F] Daniel G. Schm , sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 698,49 ? 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 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 ? Melissa J. Scheiner, Esq., Id. No. 308912 ?. -ago S. SO Lt- Ck I?7 S(p r2# ?as3 w/,? o? ,?c? dSSue? tv: c•' T d H Lair C `Y1 V-" 00 ?? c?r??•-, ? ? o?oo?coo ,..ate O iU ?i?oN 0 M N c- OOC Z O O? O 41 O oo O O M C`! rn ZW S _ o Z ooooc?kn o c° c oZ°` O a. x iiWr- a ?° .n 0 o z c r 7. n J 7. ?. l f -" O 7Z co2 owv o cw?' 73 H F v v o °° o o v o s a W o s°» ?W ?W oW Q? 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V ... v Y O i. vOi O, v w ????????????C7?????Ci LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the improvements erected thereon, situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line eighty-two and five hundredths (82.05) feet to Lot No. 33 on said plan; thence in a westerly direction along said Lot No. 33, one hundred one and eighty-three hundredths (101.83) feet to Lot No. 39 on said plan; thence in a northerly direction along said Lot No. 39, ninety-four and seventy-eight hundredths (94.78) feet to the southerly line of Columbia Avenue, one hundred (100) feet to the place of BEGINNING. BEING Lot No. 38, Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 4, Page 8. Thereon erected a single brick dwelling house. TITLE TO SAID PREMISES IS VESTED IN Kim R. Cuff, adult individual, by Deed from Michele L. Snader and Kim R. Cuff, adult individuals, dated 01/05/2005, recorded 01/11/2005 in Book 267, Page 514. PREMISES BEING: 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 PARCEL NO. 01-22-0536-288. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 IC One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 „n i(?_ - 10 MIT CITIMORTGAGE, INC. SB/M TO ABN Al??r " , GROUP, INC. Plaintiff V. KIM R. CUFF Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-3805 CIVIL : CUMBERLAND COUN'T'Y 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 falsilication to authorities. By: `4'?/_-?- Attorney for ain ff \ Phelan Ha inan Schmieg, LLP Lawre e T. ? P elan , Esq. , Id . c 32227 E] Franci S. Halle an, Esq., I o. 62695 ? Dani G. Schmie Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jan], 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 V drew L. Spivack, Esq., Id. No. 84439 risovalante P. Fliakos, Esq., Id. No. 94620 hua 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 e CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3805 CIVIL KIM R. CUFF Defendant(s) CUMBERLAND COUN'T'Y PHS # 266525 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/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 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421. I . Name and address of Owner(s) or reputed Owner(s): ='> r,,• Name Address (if address cannot be reasonably ascertained, please so indicate) rn c^' ?__ -rrn "'" c ..' KIM R. CUFF 1907 COLUMBIA AVENUE VY, CAMP HILL, PA 17011-5421 r----=? c ?. Name and address of Defendant(s) in the judgment: p Name Address (if address cannot be reasonably ascertained, please so indicate) c. 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) Citibank (South Dakota) NA 701 East 60th Street North, Sioux Falls, SD 57117 Citibank (South Dakota) NA Burton Neil & Associates, P.C. C/O Derek C. Blasker, Esquire 1060 Andrew Drive, STE 170, West Chester, PA 19380 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) AmeriChoice Federal Credit Union 20 Sporting Green Drive, Mechanicsburg, PA 17050 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. . 11 a'* 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 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Attorney f Pl intiff Phelan Ilin n & Scj ? Lawr nce Phelano. 32227 ? Francis S. H linan, . 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 ? drew 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 ? Melissa J. Scheiner, Esq., Id. No. 308912 AITllvIORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : VS. KIM R. CUFF : NO.: 11-3805 CIVIL : CUMBERLAND COUNTY Defendant(s) TO: KIM R. CUFF NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT < c? .a.a C-D AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 is scheduled to be sold at the Sheriff s Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $104,361.38 obtained by CITIMORTGAGE, INC. S/B/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. fWc 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 maybe 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 ''?_15-563-7000. ?. You may be able to petition the Court to set aside the sale if the bid price was grossly, inadequate compared Jo 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 Sheri ff 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 ol- a Writ of Execution NO. 11-3805 CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. KIM R. CUFF owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 Parcel No. 01-22-0536-288. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $104,361.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the improvements erected thereon, situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line eighty-two and five hundredths (82.05) feet to Lot No. 33 on said plan; thence in a westerly direction along said Lot No. 33, one hundred one and eighty-three hundredths (101.83) feet to Lot No. 39 on said plan; thence in a northerly direction along said Lot No. 39, ninety-four and seventy-eight hundredths (94.78) feet to the southerly line of Columbia Avenue, one hundred (100) feet to the place of BEGINNING. BEING Lot No. 38, Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 4, Page 8. Thereon erected a single brick dwelling house. TITLE TO SAID PREMISES IS VESTED IN Kim R. Cuff, adult individual, by Deed from Michele L. Snader and Kim R. Cuff, adult individuals, dated 01/05/2005, recorded 01/1 1/2005 in Book 267, Page 514. PREMISES BEING: 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 PARCEL NO. 01-22-0536-288. LE~r' IC ~t NJ TA;'~; Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ~TTORNEY FOR PLAINTIFF ~`'u ~Y C 1617 JFK Boulevard, Suite 1400 ' .f One Penn Center Plaza ~ L $ ~u r~ C ~J~.~~ ~ ~ , ~ Philadelphia, PA 19103 ; f~N''r~ S Y LVA Nl r, 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO : Court of Common Pleas MORTGAGE GROUP, INC. ~ Plaintiff : Civil Division V. : CUMBERLAND County KIM R. CUFF : No.: 11-3805 CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: ~ 1. Plaintiff commenced this foreclosure action by filing a Complaint on Apri120, 2011. 2. Judgment was entered on June 2, 2011 in the amount of $104,361.38. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 7, 2011. 266525 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $100,671.70 Interest Through December 7, 2011 $6,699.69 Per Diem $15.51 Late Charges $244.05 Legal fees $1,675.00 Cost of Suit and Title $455.00 Property Inspections $162.00 AppraisaUBrokers Price Opinion $84.00 Escrow Deficit $2,861.64 TOTAL $112,853.08 I i 6. The judgment formerly entered is insufficient to satisfy the amounts due on the ' Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. 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 October 24, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 266525 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP . DATE: B ~ Y• Melissa J. Cantwell, Esqwre ATTORNEY FOR PLAINTIFF 266525 l Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO : Court of Common Pleas MORTGAGE GROUP, INC. : Plaintiff : Civil Division v. : CUMBERLAND County KIM R. CUFF : No.: 11-3805 CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KIM R. CUFF executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 266525 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff s Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase ! : Home Mortga_ge Co!poration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortagg~ e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarantv Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 266525 -1 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must _ protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Realitv Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financiallosses on this loan. 266525 ~ . III III. THE FORECLOSURE JUDGMENT IS IN REM ONLY I The within case is a mortgage foreclosure action, the sole purpose of which is to take the ' mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Villa~e Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount CompanYv. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff: IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 266525 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and chazge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realtv, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equita.ble authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 266525 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. , 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also ~ ~ necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale ' purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 266525 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffls Motion to Reassess Damages. 266525 IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 266525 II , ~I Exhibit "A" 266525 i ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ; Jenine R. Davey, Esq., Id. No. 87077 I Lauxen R. Tabas, Esq., Id. No. 43337 I Vivek Srivastava, F.sq., Id. Na. 202331 Jay B. xanes, P.sq., Id. No. $6657 Pdw J. Mulcahhy, Fsq.= Ici.I~c~, 61791 An:dt'ew L. Spivack, Esq„ Id. No, 84439 C1risovdmte P. Fliakos,Vsq•, Id. No. 44620 mr+t m Joshua L Goldman, :Esq., Id. N'p. 205047 F~, . Courtenay R. Dunn, Esq., Id. No. 206779 , ~ x ° x"' Andrew C. Brainblett, Esq., I d. No. 2 0 8 3 7 5 - rc' ~ s c;~ Allison F. Wells, Esq., Id. No. 309519 ps~7 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 CITIlVIORTGAGE, INC. SB/M TO ABN ; CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. zCOURT OF COMMON PLEAS E~ vs. N . KIM R. CUFF • 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 KIM R. CUFF. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 266525 b As set forth in Complaint Interest - 03/06/2011 to 06/01/2011 $102,996.10 TOTAL 1365.28 ~ $104,361,3g 1 h~'~bY ce~fY that (1) the Defendant's ]ast kno CAM~' I~~-, ~'A 17011-5421, ana 2 ~ address is 1907 COLUMBIA ' Ru~e Pa.R. ;p that notice has becO given in accordance with ! Date AOe T. ftclaI4 Fsq., id.1Vo. 32227 Q Frauds S. Hallinaq, Esq,, Id. Na, 62693 Schmieg, Escl~~ Id. ]Vo, 62205 ~ McWe X $r4gonk Esq,, Id. No. 69849 AlftT, P.vmaM, } It~ ? sJ~ci~ R. . No. 5$7~tS ShahrJ'ani, E~sq,, Id. Nv. 81750 ~ J, ~ R. Dtvw, Paq,, Tci. No. 81,077 El L4=m- I~< T'abos, Esq,, Id. W 93337 Q Vivek SrivAftV4 ;Esq,' Id. No. 202331 0 Jay B. Jows', &g,, Td. No. 86657 A~utcahy. N.; Id. No. 6I791 S!PiV4* EsCi: Id. Na. 94439 ; fisly id: No. 94620 4owma. OOUWIU? Es96s Id. T~ta. 20,50f7 : C'O~y . ~ro. 2~~79 ? ~ .~~~M Esq.. X No. ~ AlUsm P. WON%.13~q., Id. ro. 309519 . ~ ,Esq., U: No. 309951 J."SOhein,ers `F.sq., Id. l'+60. 308912 W DAMAGES A~°~' P~ AR-E HEKEBY ASSESSED AS IIVDTCATED. : DATE: `-d2 a, PHS Il 266525 PROT$pNOTARY 266525 ~ ,I Exhibit "B" 266525 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 October 24, 2011 KIM R. CUFF 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 RE: CITIMORTGAGE,INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. v. KTM R. CUFF Premises Address: 1907 COLLTMBIA AVENUE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-3805 CIVIL i i Dear Defendant, ~ i 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), I am seeking your ; concurrence with the requested relief that is, increasing the amount of the judgment. Please ~ respond to me within 5 days, by October 31, 2011. { Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ' Ve truly o , S eetal R. S -J ' squire Attorney for tamintiff Enclosure 266525 . ~ Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO : Court of Common Pleas MORTGAGE GROUP, INC. ~ Plaintiff : Civil Division V. : CUMBERLAND County KIM R. CUFF : No.: 11-3805 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, I and Brief in Support thereof, were sent to the following individual on the date indicated below. KIM R. CUFF 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 Phelan Hallinan & Schmieg, LLP ~ DATE: o /1'~ By: Melissa J. Cantwell, Esq ' ATTORNEY FOR PLAINTIFF 266525 SHERIFF'S OFFICE-OF CUMBERLAND COUNTY Ronny R Anderson Sheriff L01111ky3 01 :..irlf!(? t f4.,1& Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage, Inc vs. Kim R. Cuff SHERIFF'S RETURN OF SERVICE v a ;, 2 7 i, Case Number 2011-3805 09/28/2011 12:36 PM - Deputy Shawn Gutshall, 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 1907 Columbia Avenue, Camp Hill, PA 17011, Cumberland County. 10/03/2011 07:32 PM - Cpl. Brian Barrick, Deputy, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kim R. Cuff at the Cumberland County Sheriffs Office, 1 Courhouse Square, Carlisle, Cumberland County, defendant stated that service address is still valid, however she is rarely home. 12/07/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012 01/25/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 03/22/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $721.00 SO ANSWERS, ('?Z x - tax""" `_"°" March 27, 2012 RON R ANDERSON, SHERIFF fd. Co 4 t g?C //D ,1546* 3,_23116 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. KIM R. CUFF Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3805 CIVIL CUMBERLAND COUNTY PHS # 266525 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 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) KIM R. CUFF 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Citibank (South Dakota) NA 701 East 60th Street North, Sioux Falls, SD 57117 Citibank (South Dakota) NA Burton Neil & Associates, P.C. C/O Derek C. Blasker, Esquire 1060 Andrew Drive, STE 170, West Chester, PA 19380 4. Name and address of last recorded holder of e very mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) AmeriChoice Federal Credit Union 20 Sporting Green Drive, Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. I 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 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 6th Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 11 By: Attorney f 1 intiff Phelan llin n & Schmieg, L El Lawr nce Phelan, Esq., I o.32227 ? Francis S. H loran, Es q., . No. 62695 ? Daniel G. Sch , 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 ? drew L. Spivack, Esq., Id. No. 84439 LfChrisovalante 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 CITIMORTGACE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff : : NO.: 11-3805 CIVIL VS. KIM R. CUFF : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KIM R. CUFF 1907 COLUMBIA AVENUE CAMP HILL, PA 17011-5421 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 is scheduled to be sold at the Sheriffs Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $104,361.38 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. V 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. 11-3805 CIVIL CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. KIM R. CUFF owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 Parcel No. 01-22-0536-288. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $104,361.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, together with the improvements erected thereon, situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line eighty-two and five hundredths (82.05) feet to Lot No. 33 on said plan; thence in a westerly direction along said Lot No. 33, one hundred one and eighty-three hundredths (101.83) feet to Lot No. 39 on said plan; thence in a northerly direction along said Lot No. 39, ninety-four and seventy-eight hundredths (94.78) feet to the southerly line of Columbia Avenue, one hundred (100) feet to the place of BEGINNING. BEING Lot No. 38, Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 4, Page 8. Thereon erected a single brick dwelling house. TITLE TO SAID PREMISES IS VESTED IN Kim R. Cuff, adult individual, by Deed from Michele L. Snader and Kim R. Cuff, adult individuals, dated 01/05/2005, recorded 01/11/2005 in Book 267, Page 514. PREMISES BEING: 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 PARCEL NO. 01-22-0536-288. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO II-3805 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SIB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From KIM R. CUFF (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: $104,361.38 L.L.: $.50 Interest from 6/2/2011 to Date of Sale ($17.16 per diem) - $3,243.24 Atty's Comm: % Due Prothy: $2.00 Arty Paid: $175.50 Plaintiff Paid: Date: 7/l/11 (Seal) REQUESTING PARTY: Other Costs: David D. Bu Il, Prothono ary Deputy Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Cc rt at Carlisle, Pa. This .? _ day of `Stxt 20 It rr ,?,, __? Prothonotary q31'1.e)ltf Ck- (?J wr On July 14, 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, 1907 Columbia Avenue, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: July 14, 2011 By: Real Estate Coordinator -- w CUMBERLAND LAW JOURNAL Writ No. 2011-3805 Civil Citimortgage, Inc. VS. Kim R. Cuff Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-3805 CIVIL. CITIMORT- GAGE, INC. s/b/m TO ABN AMRO MORTGAGE GROUP, INC. vs. KIM R. CUFF owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being 1907 COLUMBIA AVENUE, CAMP HILL, PA 17011-5421 Parcel No. 01-22-0536-288. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $104,- 361.38. 29 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: October 21, October 28, and November 4, 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. sa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this da of November, 2011 C/ Notary DEBORAH A COLLINS Notary Public [CARLISLE BOROUGH, CUMBERLAND COUNTY My commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT H`"RUSE the Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to kiw, 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 viriue and pursuarit io a resolution unanimousiy passed and adopted severaiiy 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 This ad ran on the date(s) shown below: 10/21/11 2011 3805 "' Term 10/28111 Cf mortgage, inc 11/04111 Vs Kim R. Cuff Atty. Daniel Schmleg By virtue of a Writ of Execution NO.11- 3805 CIVIL CITIMORTGAGE INc.S/B/M TO GROUP, , IN C. ?N AMMO MORTGAGE G Sworn to and subscribed before me 1i16 day of November, 2011 A.D. AMRO VS. / KIM R. CUFF { f" owner(s) of property situate in the BOROUGH OF CAMP HILL, ----T ?? Cumberland County, Pennsylvania, being otary Public (Municipality) 1907 COL IA AVENUE, CAMP HILL, PA 1 11-5421 Parcel No. 122-0536-288. MMMONM 1i QF PE INSYL.VANTA (Acreage street address) r- ",jai Seal improvements thereon: RESIDENTIAL SherNe Qvrens Np?ry Public DWELLING tower peon Twp., Dauphin County IUDGMENT AMOUNT: $104.361 38 MY Commission Expires Nov. 26, 2015 MEMBER; pENNMVANIA A540?tAT10N Of NOTARIES ? r ehe patriot-1 ims Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11/04/11 Net Co Of Ad Sheriff Sale 3805 4.97 $12.00 $ 59.64 Sheriff Sale 3805 4.97 $12.00 $ 59.64 Sheriff Sale 3805 4.97 $12.00 $ 59.64 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 183.92 JLC 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. Kim R. Cuff Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-3805 CIVIL : CUMBERLAND COUNTY $104,361.38 Interest from 06/03/2011 to Date of Sale $25,087.92 ($17.16 per diem) TOTAL $129,449.30 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Note: Please attach description of property. PH # 760358 aiiid-cOrg/6/J2j7 d/d/Xeciz,3 /��- 3►y $tel LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line eighty-two and five hundredths (82.05) feet to Lot No. 33 on said plan; thence in a westerly direction along said Lot. No. 33, one hundred one and eighty-three hundredths (101.83) feet to Lot No. 39 on said plan; thence in a northerly direction along said Lot No. 39, ninety-four and seventy-eight hundredths (94.78) feet to the southerly line of Columbia Avenue, one hundred (100) feet to the place of Beginning. BEING Lot No. 38, Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 4, Page 8. Thereon erected a single brick dwelling house. TITLE TO SAID PREMISES VESTED IN Kim R. Cuff, adult individuals, by Deed from Michele L. Snader and Kim R. Cuff, adult individuals, dated 01/05/2005, recorded 01/11/2005 in Book 267, Page 514. PREMISES BEING: 1907 Columbia Avenue, Camp Hill, PA 17011-5421 PARCEL NO. 01-22-0536-288. PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CitiMortgage, Inc. s/b/m to Abn Amro Mortgage Group, Inc. Plaintiff v. Kim R. Cuff Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-3805 CIVIL . 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 Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff CitiMortgage, Inc. s/b/m to Abn Amro Mortgage Group, Inc. Plaintiff V. Kim R. Cuff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3805 CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage, Inc. s/b/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 1907 Columbia Avenue, Camp Hill, PA 17011-5421. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) =2. Kim R. Cuff 1907 Columbia Avenue, Camp Hill, PA 17011-5421 Name and address of Defendant(s) in the judgment: Name Kim It Cuff Address (if address cannot be reasonably ascertained, please so indicate) 1907 Columbia Avenue Camp Hill, PA 17011-5421 i r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Citibank (South Dakota) NA 701 East 60th Street North Sioux Falls, SD 57117 Citibank (South Dakota) NA C/O Derek C. Blasker, Esquire CitiMortgage, Inc. Burton Neil & Associates, P.C. 1060 Andrew Drive, Ste 170 West Chester, PA 19380 1000 Technology Drive Mail Station O'Fallon,MO 63368-2240 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 760358 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7..-. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 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 Federal Building Address (if address cannot be reasonably ascertained, please indicate) 1907 Columbia Avenue Camp Hill, PA 17011-5421 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date:/f PH # 760358 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, 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. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION r Kim R. Cuff vs. : NO.: 11-3805 CIVIL Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kim R. Cuff 1907 Columbia Avenue Camp HiII, PA 17011-5421 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1907 Columbia Avenue, Camp Hill, PA 17011-5421 is scheduled to be sold at the Sheriffs Sale on 06/03/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $104,361.38 obtained by CitiMortgage, Inc. s/b/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 `--'▪ c> YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE �'`t' ▪ `' , r Com') R, To prevent this Sheriffs Sale, you must take immediate action: r— = CO . LLI v 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges cogrg ands; reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x12307.1 -< w 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. 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 t1,ie amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if Ace 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION Thy virtue of a Writ of Execution No. 11-3805 CIVIL CitiMortgage, Inc. s/b/m to Abn Amro Mortgage Group, Inc. v. Kim R. Cuff owner(s) of property situate in the BOROUGH OF CAMP HILL, CUMBERLAND County, Pennsylvania, being 1907 Columbia Avenue, Camp Hill, PA 17011-5421 Parcel No. 01-22-0536-288. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $104,361.38 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line eighty-two and five hundredths (82.05) feet to Lot No. 33 on said plan; thence in a westerly direction along said Lot No. 33, one hundred one and eighty-three hundredths (101.83) feet to Lot No. 39 on said plan; thence in a northerly direction along said Lot No. 39, ninety-four and seventy-eight hundredths (94.78) feet to the southerly line of Columbia Avenue, one hundred (100) feet to the place of Beginning. BEING Lot No. 38, Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 4, Page 8. Thereon erected a single brick dwelling house. TITLE TO SAID PREMISES VESTED IN Kim R. Cuff, adult individuals, by Deed from Michele L. Snader and Kim R. Cuff, adult individuals, dated 01/05/2005, recorded 01/11/2005 in Book 267, Page 514. PREMISES BEING: 1907 Columbia Avenue, Camp Hill, PA 17011-5421 PARCEL NO. 01-22-0536-288. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 • (717) 240-6195 www.ccpa.net CITIMORTGAGE, INC. S/B/M TO ABN AMR() MORTGAGE GROUP, INC. Vs. NO 11-3805 Civil Term CIVIL ACTION — LAW KIM R. CUFF WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $104,361.38 L.L.: Interest FROM 6/3/20111 TO DATE OF SALE ($17.16 PER DIEM) - $25,087.92 Atty's Comm: Atty Paid: $201.50 Plaintiff Paid: Date: 12/23/2014 (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN, HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Due Prothy: $2.25 Other Costs: David D. B x-11, Prothonota Deputy