The URL can be used to link to this page

Home My WebLink About11-7310- , Fliblan 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 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 275206 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 Defendant L':.. DI-JI FICL i s 4 r 2 LAA r tl aYt..a'At,"I ? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 275206 61) d a aria} aqa. ? ??96 eo 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 #: 275206 1. Plaintiff is CTTIMORTGAGE, 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: SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/24/2002 SHAWN T. TROSTLE made, executed and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1759, Page 4590. By Assignment of Mortgage recorded 11/08/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 712, Page 1383. 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 03/01/2011 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 #: 275206 6. The following amounts are due on the mortgage as of 06/27/2011: Principal Balance $69,709.99 Interest $1,797.88 02/01/2011 through 06/27/2011 Late Charges $100.80 Subtotal $71,608.67 Escrow Credit 746.67 TOTAL $70,862.00 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 #: 275206 0 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $70,862.00, together with interest, 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 HALLIN N & SCHMIEG, LLP By: ?. Attorney for Plaintiff J'Y File #: 275206 F LEGAL DESCRIPTION ALL that certain tract of land, together with the improvements thereon erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point (iron pin), which point is approximately 450 feet Southeast of an iron pin at the center of Township Road No. 439, which road leads from the Bloserville Road to Township Road No. 441; thence from the point of beginning along lands now or formerly of Robert L. Bear and wife, the following courses and distances, to wit: North 62 degrees East, 128 feet to a point (iron pin); North 78 degrees 10 minutes East, a distance of 230.8 feet to a point (iron pin); South 77 degrees 35 minutes East, a distance of 270 feet to a point (iron pin) at an electric light pole; thence by a line 5 feet South of an electric light pole and still along lands now or formerly of the said Robert L. Bear and wife, South 81 1/4 degrees West, a distance of 618.3 feet to a point (iron pin); thence still along lands now or formerly of the said Robert L. Bear and wife, North 7 3/4 degrees East, a distance of 46 feet to a point (iron pin), the place of beginning. CONTAINING approximately .95 acres, more or less, according to a survey made by T.O. Bietsch, R.S., on November 4, 1964. BEING the same premises which Paul S. Seiders, Jr. and Crystal L. Seiders, by Deed dated and recorded even date herewith, granted and conveyed unto Shawn T. Trostle, Mortgagor herein. PROPERTY ADDRESS: 111 POTATO ROAD, CARLISLE, PA 17015-8992 PARCEL # 43-06-0029-008 File #: 275206 VERIFICATION Patricia A. Schollmeyer ,hereby states that he/she is ument Control Officer of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: .? 11 File #: 275206 Name: TROSTLE Name: - Patricia A. Schollmeyer Title: Document Controt, Officer CITIMORTGAGE, INC. File #: 275206 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?8'xr pt ICIJIT141',j 1 ? w3 YZ' OFF 'F r' Tt " PRO i H1. r rl , ? r,T AM . "UM8ERLt"14;? pra + r f.t 1 CITIMORTGAGE, Inc. vs. Shawn T. Trostle Case Number 2011-7310 SHERIFF'S RETURN OF SERVICE 09/29/2011 03:50 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2011 at 1550 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shawn T. Trostle, by making known unto himself personally, at 111 Potato Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 September 30, 2011 ..f STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF :C C..UrrtVjUlIP ShE- If'. i NE"O5?:'1. i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY' OF CUMBERLAND) NO 11-7310 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From SHAWN T. TROSTLE (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: $70,862.00 L.L.: $.50 Interest from 12/0212011 to Date of Sale ($11.65 per diem) --- $2,190.20 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $171.00 Other Costs: Plaintiff Paid: Date: 2/21,112 David D. Bu 11, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, COURT OF COMMON PLEAS INC. Plaintiff CIVIL DIVISION V SHAWN T. TROSTLE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/02/2011 to Date of Sale ($11.65 per diem) TOTAL Note: Please attach description of property. PHS # 275206 3yo? ?8? 2. oO <K oD v a NO.: 11-7310 CIVIL CUMBERLAND COUNTY $70,862.00 $2,190.20 R-nisen v mis, rsq., ia. ivo..suy:)iy C"s rv Attorney for Plaintiff C c? -rim ?+a ;"M Cq X= (" ?n N D? z? AZ ??. oo pd At? a.25 dg;" ro .? , 50 L C e?-.s -11s30SV11ls77.f0V1 R a 71276 1X/,,/ 54 o,L 6? fss?P o? `Yt "Drn c? --#-n ? rn U O d C7 a+ d ? d O ? a ?, o oa ? U O A ?U U 0 00 ?Qo sa. ?' O c? ? Hd,a Q ??v O ` ,,-+ H v ? a s ; 0 a ?w w? a PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SBIM TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. SHAWN T. TROSTLE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7310 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 (X) 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 unswom falsification to authorities. Attorney for Plaintiff t!f' r- D c-? Z c? N Q !V N x? cn r m 'Om ? Ga;i -4c:) = ? C -n 0-TIMbRTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff NO.: 11-7310 CIVIL VS. SHAWN T. TROSTLE : CUMBERLANDXO"TV; Defendant(s) : c o zm rn rnx w ern NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 -a cat "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATI ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B ANKRUPTCY, 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 111 POTATO ROAD, CARLISLE, PA 17015-8992 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $70,862.00 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. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to *he 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 r? SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7310 CIVIL CITIMORTGAGE, INC. S/BIM TO ABN AMRO MORTGAGE GROUP, INC. vs. SHAWN T. TROSTLE owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 111 POTATO ROAD, CARLISLE, PA 17015-8992 Parcel No. 43-06-0029-008 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $70,862.00 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land, together with the improvements thereon erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point (iron pin), which point is approximately 450 feet Southeast of an iron pin at the center of Township Road No. 439, which road leads from the Bloserville Road to Township Road No. 441; thence from the point of beginning along lands now or formerly of Robert L. Bear and wife, the following courses and distances, to wit: North 62 degrees East, 128 feet to a point (iron pin); North 78 degrees 10 minutes East, a distance of 230.8 feet to a point (iron pin); South 77 degrees 35 minutes East, a distance of 270 feet to a point (iron pin) at an electric light pole; thence by a line 5 feet South of an electric light pole and still along lands now or formerly of the said Robert L. Bear and wife, South 81 1/4 degrees West, a distance of 618.3 feet to a point (iron pin); thence still along lands now or formerly of the said Robert L. Bear and wife, North 7 3/4 degrees East, a distance of 46 feet to a point (iron pin), the place of beginning. CONTAINING approximately .95 acres, more or less, according to a survey made by T.O. Bietsch, R. S., on November 4, 1964. Subject to the Right of Way Easement agreement to Adams Electric Cooperative, Inc, Recorded on 5/23/2011 at Instrument # 201114780." TITLE TO SAID PREMISES IS VESTED IN Shawn T. Trostle, adult man, by Deed from Paul S. Seiders, Jr. and Crystal L. Seiders, h/w, dated 05/24/2002, recorded 05/28/2002 in Book 251, Page 4289. PREMISES BEING: 111 POTATO ROAD, CARLISLE, PA 17015-8992 PARCEL NO. 43-06-0029-008 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. SHAWN T. TROSTLE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7310 CIVIL CUMBERLAND COUNTY PHS # 275206 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 111 POTATO ROAD, CARLISLE, PA 17015-8992. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably a ascertained, please so indicate) rn. SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 tV Q 2. Name and address of Defendant(s) in the judgment: A G a„ S -fir; Name Address (if address cannot be reasonably 2? _ ascertained, please so indicate) SAME AS ABOVE -q Cr; 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK WAYPOINT BANK SOVEREIGN BANK, N.A. S/B/M TO WAYPOINT BANK 2ND AND PINE STREETS HARRISBURG, PA 17101 P.O. BOX 1711 HARRISBURG, PA 17101 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be adected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 111 POTATO ROAD CARLISLE, PA 17015-8992 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING, P.O. BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 ADAMS ELECTRIC COOPERATIVE INC. 1338 BIGLERVILLE ROAD GETTYSBURG PA 17325-8018 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: (-'11 I b ( VL- By: Allison F. Wells,Zsq., Id. No.309519 Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND Cgl?l ,`l y 4 V 1. 1 ?, L CITIMORINC. TGAGE, INC. SB/M TO ABN AMRO MORTGAGE pHS # 275206 d >° ° ` I 1 ?` ,I DEFENDANT SERVICE IrAn P °-'.3j A 1000 SHAWN T. TROSTLE COURT NO.: 1- 310 CIVIL M ?? COUNT SERVE SHAWN T. TROSTLE AT: TYPE OF A(t sY?.y? 111 POTATO ROAD XX Notice of ? CARLISLE, PA 17015-8992 SALE DATE: June 6, 2012 SERVED Served and made known to SHAWN T. TROSTLE, Defendant on the & day of Ff-QiRAU7 _ 201 ?-, at :0%, oclock P. M., at 111 Porto 1Z D. QKSLEIP4 , in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Def'endant's company. _ Other: _ A Descri tion: Age q? Height r Weight ? 0 Race W SeK ! V ' Other _ I, 1U4-Lb (°?, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: ?-1- PRINTED NAME: e) TITLE: 1 p4rtsS 'Sego NOT SERVED 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 Service Refused at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 F \v / F 11.ED-OW1CE OF THE PROTHON0 i AR f 2012 APR 18 Pr 3: 29 CUMLANO COUNTY YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County SHAWN T. TROSTLE No.: 11 -73 10 CIVIL Defendant ?? g AND NOW, this day of =LtO 12, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. , BY THE VRT Thomas A. Placey Common Pleas Judge 275206 ''e ? Dai Ostrovsky, Esq., Id. No.83921 Phe i Hallinan & Schmieg, LLP 161 IFK Boulevard, Suite 1400 Phi ielphia, PA 19103 TE1 (215) 563-7000 F A: (215) 563-3459 A ? SH WN T. TROSTLE 11 l 'OTATO ROAD CA LISLE, PA 17015-8992 cI iES 275206 275206 P E ; i C) G ? rag ?'; sy 1'(?`r}y ? f, tttJ I.?i?', ; wC?i a?li '3 AM 10: C?6 P1BERENNLSAND COUNT' Phelan Hallman & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. SHAWN T. TROSTLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -73 10 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 18, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 DATE: P Ian Ha i an & Sc LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 275206 Phelan Hallinan & Schmieg, LLP Dana Ostrovsky. Esq.. Id. No.83921 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 CITIMORTGAGE. INC. S/B/M TO ABN AMRO MORTGAGFI GROUP. INC. Plaintiff Vs. SHAWN 7". TROSTLE Defendant ATTORNEY FOR PLAIN TIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 1 1-7310 CIV IL MOTION TO MAKE RULE ABSOLUTE CITI MORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE, GROUP, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: I . A Motion to Reassess Damages was filed with the Court on April 13, 2012. ?. 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 April 2, 2012 and requested the Defendant's Concurrenec. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certilicate of mailing are attached hereto. made part hereof, and marked as Exhibit A. A Rule was issued by the Honorable Thomas A. Placcv on or about April 18, 2012 directing the Defendant to show cause by May 8, 2012 why the Motion to Reassess 275206 Damages should not be granted. A true and correct copy of the Rule is attached hereto. made part hereol and marked Exhibit B. 4. The Rule to 'Show Cause was timely served upon all parties on Mav 2. 2012 in accordance v,ith the applicable rules of civil procedure. A true and correct copy of the Certiiicatc of Service is attached hereto. made part hereof. and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of Mav R. 2012. ?N'HEREFORE. Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DA 1-1=: ( O Z By: Phelan I-I, 1 n & SchmieLy. LIT Dana s Dusk} Esquire Attorney for aintiff 275206 Exhibit "A" PHELAN HAI,LINAN & SCHMIEG, LIT 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan I lallinan & Schmie(-,, I_ LP Representing Lenders in Pennsylvania and New Jersey April 2, 2012 SHAWN T. TROSTLE 11 I POTATO ROAD CARLISLE. PA 17015-8992 RE: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP. INC. v. SHAWN T. TROS'FLE Premises Address: 1 I I POTATO ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 11 -73 10 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 April 9, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise. please be guided accordingly. 411onlev ly . ours, W, Cusick, Esquire for Plaintiff Enclosure 275206 IN 'hHE COt[7RT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE. INC. S;B/M TO ABN AMRO Court of Common Pleas MOR I ('r/A1GF GROUP, INC. Plaintiff Civil Division . CUMBERLAND County SHAWN T. TROSTLE No.: 11-7310 CIVIL Defendant RULE AND NOW, this _ day of 2012, a Rule is entered upon the Defendant to show cause why an Carder should not be entered granting Plaintiff's Motion to Reassess Rama: e,;. Defendant shall have twenty (20) days from the date of this Order to file a response to Ilaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 275206 Robert `v . C'usick. L+. Id. No.80193 Phelan I-lallinan & Schmieg,1-1,P 101 ; JFK_ Boulevard- Suite 1400 Philadelphia, PA 19103 1'1:1:: 1215) 563-7000 IAX: (214) 563-34,?q SI1,A\V\111 TROSTLE 1 1 I PO FAT) ROAD CARL.ISI F, PA 17015-8992 275206 PHEILAN HALLINAN & SCHMIEG, LIT 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PAX#: (215) 563-3459 Phelan 1 lallinan & Schmieg, LI_,P Representing Lenders III Pennsylvania and Nex Jersey :April 2. ?ci12 SIIAWN T. hROSTLE 111 PO'I'; 0TO ROAD CAR1,1SI ,E_ PA 17015-8992 RE_ CIZ`IM0R:FGAGE. INC. S/B/M TO ABN AMRO MORTGAGE GROUP. INC. v. SHAWN T. TROSTLE Premises Address: l l 1 POTATO ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 1 I -7310 CIVIL Dear Defendant, Enclosed please find a true and coiTect copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 2083(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 April 9, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. W. C, Esquire 4tioruev ly' 1;Plaintiff for Enclosure 275206 Ic ?a ?, boJ T ? n? I c C b a E - i I G ;? _ E E N E a x E w co I ? o ; c G o o o m F n ro E G ? } F E U C V 7 y O J E m f ? ti a P it C _ v ?? J E¢ Rn i o u r P i t CL 1 z U' I 0 ' I ;a I CJ C N d T L ? O -+ A _J T? _ ?wIZF'r s ?c c r cc T ,'.: v l? ,h V i O n ZJ w ij al v al Ili ?Mr Y3? (.I.i r W r? E^ 0 E- F- z Q x a E T O N E v 0. C vw a. O ° c G s ?. z; H C,? o 47 I 1 F- c: Exhibit "B" OF THE PROTN??hi?TAi? 2012 APR 18 PM 3: 2 CU . LAND COUNT? NN YLVA !A IN THE COURT OF COMMON PLEAS OF CUB' BERI:AND COI_JNTAT PENNSYLVANIA (_ATIiO401 "I'GAGE, INC. ` /B/M TO ABM :1MRO ('ouvt of Common P .%, )R'1(jAGF GROUP, INC. Plaintiff t ` ,ill )ivisic?il v C;1 IMBER.LAN ) County '-,'I !A WX 1. "1Rt)STLE Igo.: 11-1310 CiVII. De.Eendant AND NOW, this day of =L*t!011,aIZL?le'sc,,,iter(,,dLil-,oiiti-iel)efeii(iant to show cause why an Order should not he entered granting Plaintiff's iI\Iction tc. Reassess l)arnmvles Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. ? "?`~?? 13 1Y l; C ::?l RT Thomas A. Placey Common Pleas Judge 2?s?o? Exhibit "C" Phelan Hallinan & Sclnnieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK. Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-56ti-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V? SHAWN T. TROSTLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND Countv No.: 11-7310 CIVIL CERTIFICATION OF SERVICE T. hereby certify that a true and correct copy of the Court's April 18, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 elan Hal i ian & Sc it?g LLP r _ f DATE. ?• ?By: . ( Melissa J. Cantwell, ks(lulf-: Attorney for Plaintiff 275206 Phelan Hallinan & Schlnieg, LLP Dana Ostrovsky. Esq.. Id. No.83921 1617 J K Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-56 700() CITIMOR'I GAGE'. INC. S/Ft/M TO ABN AMRO MORTGAGF GROUP. INC. Plaintiff vs. SI 1AWN T. -?ROSTLE Defendant ATTORNEY FOR PLAIN LIFF Court of'Common Pleas Civil Division CUMBERLAND County No.: l 1-7310 CIVIL. CERTIFICATION OF SERVICE I lherebv certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute xvas served upon the following individual on the date indicated below. SI IAWN T. TROSTLF 1 1 1 POTATO ROAD CARLISLE. PA 17015-8992 -5?tof tZ 1 AIE: Phel Iinan "hmieg.. LLP By: Dana st vsky, Esquire Attorne r Plaintiff 275206 '1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division Vs CUMBERLAND Cgaffly SHAWN T. TROSTLE No.: I 1-7310 CIV1r= ` • r,- Defendant < ORDER AND NOW, this ay of 2012, upon consideration of P1aiEff- ocw* co Motion to Make Rule Absolute, it is hereby OR FRED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess A ?A ry Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $69.709.99 Interest Through June 6, 2012 $5.986.16 Per Diem $12.18 Late Charges $100.80 Legal fees $1,675.00 Cost of Suit and Title $889.50 Property [nspections $162.00 Appraisal /Brokers Price Opinion $168.00 Escrow to be paid prior to June 6, 2012 $294.66 Escrow Deficit $1,498.31 TOTAL $80,484.42 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E URT: Chelan MI Ina.n +Sc rw ie d Thomas M Ppacea e q Common Pleas 3u 9 Sh&" T. -I rW a5 275206 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 14.,jo Jody S Smith Chief Deputy Richard W Stewart Solicitor CITIMORTGAGE, Inc. vs. Shawn T. Trostle 2 ?I,?Y 29 Pl°l 14"", i'EN' YL?1?'° ??'i Case Number 2011-7310 SHERIFF'S RETURN OF SERVICE 03/20/2012 08:22 PM - Deputy Valerie Weary, 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 111 Potato Road, Upper Frankford Township, Carlisle, PA 17015, Cumberland County. 03/20/2012 08:22 PM - Deputy Valerie Weary, 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: Shawn T Trostle at 111 Potato Road, Upper Frankford Township, Carlisle, PA 17015, Cumberland County. 03/29/2012 Affidavit of Service on Shawn T. Trostle filed in the Sheriffs Office 05/24/2012 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: $930.08 SO ANSWERS, May 25, 2012 RON R ANDERSON, SHERIFF 5D (-1- L12 Si 7 ;C Gcu ,.?e She f. ?' ; ?so•i ???:?.. A .? ? ? /? J G r < r 1 CITIMORTGAGE, INC. SB/M TO`ABN AMRO MORTGAGE GROUP,.INC. Plaintiff V. SHAWN T. TROSTLE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7310 CIVIL CUMBERLAND COUNTY PHS # 275206 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 111 POTATO ROAD, CARLISLE, PA 17015-8992. 1 2. 3. 4. 5 Name and address of Owner(s) or reputed Owner(s): Name SHAWN T. TROSTLE Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 111 POTATO ROAD CARLISLE, PA 17015-8992 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK WAYPOINT BANK SOVEREIGN BANK, N.A. S/B/M TO WAYPOINT BANK 2ND AND PINE STREETS HARRISBURG, PA 17101 P.O. BOX 1711 HARRISBURG, PA 17101 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 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. 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 111 POTATO ROAD CARLISLE, PA 17015-8992 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING, P.O. BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 ADAMS ELECTRIC COOPERATIVE INC. 1338 BIGLERVILLE ROAD GETTYSBURG PA 17325-8018 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: (?, i v C V "- By: Allison F. Wells, 17sq., Id. No.309519 Attorney for Plaintiff CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : : NO.: 11-7310 CIVIL SHAWN T. TROSTLE VS. CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAWN T. TROSTLE 111 POTATO ROAD CARLISLE, PA 17015-8992 "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 111 POTATO ROAD, CARLISLE, PA 17015-8992 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $70,862.00 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 E S T 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7310 CIVIL CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. SHAWN T. TROSTLE owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 111 POTATO ROAD, CARLISLE, PA 17015-8992 Parcel No. 43-06-0029-008 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMEN'T' AMOUNT: $70,862.00 Phelan Halligan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land, together with the improvements thereon erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point (iron pin), which point is approximately 450 feet Southeast of an iron pin at the center of Township Road No. 439, which road leads from the Bloserville Road to Township Road No. 441; thence from the point of beginning along lands now or formerly of Robert L. Bear and wife, the following courses and distances, to wit: North 62 degrees East, 128 feet to a point (iron pin); North 78 degrees 10 minutes East, a distance of 230.8 feet to a point (iron pin); South 77 degrees 35 minutes East, a distance of 270 feet to a point (iron pin) at an electric light pole; thence by a line 5 feet South of an electric light pole and still along lands now or formerly of the said Robert L. Bear and wife, South 81 1/4 degrees West, a distance of 618.3 feet to a point (iron pin); thence still along lands now or formerly of the said Robert L. Bear and wife, North 7 3/4 degrees East, a distance of 46 feet to a point (iron pin), the place of beginning. CONTAINING approximately .95 acres, more or less, according to a survey made by T.O. Bietsch, R.S., on November 4, 1964. Subject to the Right of Way Easement agreement to Adams Electric Cooperative, Inc, Recorded on 5/23/2011 at. Instrument # 201114780." TITLE TO SAID PREMISES IS VESTED IN Shawn T. Trostle, adult man, by Deed from Paul S. Seiders, Jr. and Crystal L. Seiders, h/w, dated 05/24/2002, recorded 05/28/2002 in Book 251, Page 4289. PREMISES BEING: 111 POTATO ROAD, CARLISLE, PA 17015-8992 PARCEL NO. 43-06-0029-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7310 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From SHAWN T. TROSTLE (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: $70,862.00 L.L.: $.50 Interest from 12/02/2011 to Date of Sale ($11.65 per diem) --- $2,190.20 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $171.00 Other Costs: Plaintiff Paid: Date: 2/21/12 . David D. Bu 11, Prothonot (Seal) Deputy REQUESTING PARTY: Name: Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF TRUE COPY FROM RECORD Telephone: 215-563-7000 In Testlmony whereof. I here unto set my hand the ev #A rsrunia Supreme Court ID No. 309519 sndof said Court Pa. This 2 -dsy of -Fe 7 ? ? 1 ?jPrmc .? On February 22, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, known and numbered 111 Potato Road, Carlisle, PA 17015 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 22, 2012 By: For Claudia Brewbaker, Real Estate Coordinator kttj*A AxIk"9 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF.?7 OFi ICE CUMBERLAND COUNTY COURT HOUSE CARLISLE P/) 17013 i4c Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Lmier Act No 587. Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn accord -g to law. deposes and says: That she is a Staff Accountant of Tho 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 Sunray 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 aublished 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 or) behalf of The Patriot-News Co. aforesaid by v rtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2011.7310 Civil Term 04/27/12 Cltlr?tortgage, Inc. S/m/m to ABN l1 05/04/12 AMRO ' Mortgage Group, Inc. 05/11/12 VS Shawn T. Trostle )( By virtue of a Writ of Execution NO.11- 7310 CIVIL - . . ' CITIMORTGAGE, INC. SJB/M TO ABN g AMRO MORTGAGE GROUP, INC. vs Sworn to and subscribed befo(e ma'this 22 d,8y of May. 2012 A.D . SHAWN T. TROSTLE owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being _ Notary Public (Municipality) 111 POTATO ROAD. CARLISLE, PA 17015-8992 col No. 43-06-0029.008 COMMONWEALTH F-- TH O ' creage or street address) h "------- F f EN_N_ S_ YLvf?jyt;ti N°tanal S - provements t ereon: RESIDENTIAL ELLING ea! -Sherrie L. Jv+err5 + fV DGMENT AMOUNT: $70,862.00 -7 i j' ;? W ?owerPaxton, !inir? cc wp., bdui o,°,tV I _ y Commissio n Fx )r , _MSE__R, MF NNi P ES f o <. _6, PF lVg NT.`a qss;; _ -Ul I ' A IICJtf Or N?T4RIE5? PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff i iN'D CEO! UNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP, INC. : Plaintiff, COURT OF COMMON PLEAS V. SHAWN T. TROSTLE Defendant(s) CIVIL DIVISION No.: 11-7310 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h'geto Exhibit "A". Jo ichael Kolesnik, Esquire torney for Plaintiff Date: ?r / L _ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold 'lip the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 275206 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V SHAWN T. TROSTLE Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7310 CIVIL CUMBERLAND COUNTY PHS # 275206 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 111 POTATO ROAD, CARLISLE, PA 17015-8992. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2 3 4. SHAWN T. TROSTLE Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 111 POTATO ROAD CARLISLE, PA 17015-8992 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) NONE Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK WAYPOINT BANK SOVEREIGN BANK, N.A. SB/M TO WAYPOINT BANK Waypoint Blank Waypoint Bank 2ND AND PINE STREETS HARRISBURG, PA 17101 P.O. BOX 1711 HARRISBURG, PA 17101 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 1133 RHODA BLVD MECHANICSBURG, PA 17013 PO BOX 1711 HARRISBURG, PA 17105 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. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOICCUPANT 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 Adams Electric Cooperative Inc. 111 POTATO ROAD CARLISLE, PA 17015-8992 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 FEDERAL BUILDING, P.O. BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 1338 Biglerville Road Gettysburg, PA 17325-8018 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: V,-z9 Z By: 6 Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff sy t W a N wl O N ?O O O i N N Q °o a a v an °3 ? M U 'b id 46 7 a C? ? cd n p" t9 ax?OOa N G U y N 'p Vl z¢o e v Y.O a 41 [ C„ U?.. L 1 v O O ? IQ. w O 5} ?? Y O e C ? 'YO O ',gam C p° y ? E o a o•E ? E Q W o u O ? C ,p u ? u° ti o E o o ? o W N ? Y ?H O Y . .O ?.Q g,.p i0 a 9 H 6 ?woa? o w C p O ? c? in o .,sut ,p o. k+ a 'G I-? PL n N x a A Q 0 I ? Y GQ °" w c v en ZS V E .? o .. o 0. C4 o ? ua rr ?? V O a aov a aa?a 3 ? .. 04 su ?M U ?a?,? ? zB 44 z caenW 3?? ea0 3a WW G4 ? ?a H 'u N K •K 4 U_ Y Vl O ? 4. T a " N o wll 1?1 d N Q N OO ?D 0 A N d a o tz y ul ro a c a ? M U ca o ti ca ?(u M a? o a?OOaL. t L N E v m b 4. zQ0 ? o m n.y a G cc O w G >' . . C p {d U G ' µj F . c i , i :??`?p.P E o v c D, v u A _ • - m o c,o ? ? o u c o •- c E c :'• E "m ' o. x E x w W E v U ? F E C C ? U ? > ?bx 0 O8 P.? .? .? O H C u O S U O m U C v1 A O W 6 w O -C w o c'^ o N mcti 'r? F r N ? U u o u E ,.. co? ?"?i `2 s ° E o' `• U U O U L4 M W sue. H U w E"' d U ? p rj ? O ?' o w ? z > cad ? . ? , T 0. ? oo W W Za > m Y °a N Cn aAa°o p o a wd p ax ? Wo r ` W00 zao? E"y '"? as . .. w ` F O - w O ? o N Oa? z ? p N zC4 r i a 00 oac?W? Q zHHA ( -.,...., vs zq.., r a? WM O >o ' r=. zW-. HOZw-- Xz p; zcna d Z a --.ad F?a d wgz? E.. d Qp a w>d >da Z?oad W>. aF-a, z0 z daa F Ua' pazC? ?=.v Uaa a zda wz?? a?x HZaH? zQ? F ? a do -.Ac?4 ?y w?m z d Ha?a w D z-cAo t? ¢W as QOazm az 2 z a w o ?"Hi Zp o 0Z p ap -, tn?t" ?. v?wF" w?a.. E- v, O ?000- m ? ? aFda? wF-?Gd c w pC{-p?' x ? d d ,.? da d ma CL dp ??H daoE. p..? ?LzEd dooa 99 •a? cadw a A3a V]t/i w > p z?? ? =? .> ca Z W?,d U F Zd 3N? d 3a. AMW -C7 d 0 0 U.-U 0wQQ U0 z WNd aGz+Nx ? O?e4 ?v ? W a o? Fa - . ?oo L ? ? z Q -k # •K # 3 # -K * -k -K •K -K -K -K •K -k i 3 -k U O E y z ? C --i N M V1 b t- 00 O i7i ,? F a 114elan HvIlinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs SHAWN T. TROSTLE Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 11-7310 CIVIL PRAECIPE TO THE PROTHONOTARY: 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: y PHELAN AN CHMIEG, LLP By: _ ison . ells, q., Id. No. 309519 PHS# 275206 Attorneys for Plaintiff 7,3 7> C? 1 % R. So Pd aAl m-x it a 3010 S e4? a-711 3 /1 PFIELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County SHAWN T. TROSTLE Defendant No. 11-7310 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: SHAWN T. TROSTLE 11 I POTATO ROAD CARLISLE, PA 17015-8992 Date: KAsd 66mk Attorney for Plaintiff