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HomeMy WebLinkAbout11-9281SHERIFF'S OFFICE OF CUMBERLAND COUNTY- Ronny R Anderson Sheriff a???tt? a1 ?ant??rr14 FILED-? OFFI(;c: O THE PROTHONIO"IAR"Y Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 DEC 29 AM 8: 32 CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, Inc. Case Number vs. John K. Dolan (et al.) 2011-9281 SHERIFF'S RETURN OF SERVICE 12/19/2011 08:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2011 at 2023 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John K. Dolan, by making known unto Judy Dolan, Wife of Defendant at 4825 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPU 12/19/2011 08:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2011 at 2023 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Judy E. Dolan, by making known unto herself personally, at 4825 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. M4 . P-:= - : :6? > \ RYAN BURGETT, DEPUTT 12/20/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John K. Dolan, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant John K. Dolan. Request for service at 6559 Carlisle Pike, Unit 2, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. John K. Dolan is currently residing at 4825 Creekview Road, Mechancisburg, Pennsylvania 17050. SHERIFF COST: $85.00 December 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (U,ountYSuFte Shenff. Teie;soft, lei: PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. JOHN K. DOLAN JUDY E. DOLAN Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEA* rnw CIVIL DIVISION X M cn No. 11-9281 {tx?° • m c' -r N N ?a %D 331. M w C7 c± --f rte C) 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 JOHN K. DOLAN, and JUDY E. DOLAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint TOTAL $71,612.51 $71,612.51 I hereby certify that (1) the Defendants' last known address is 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113, and (2) that notice has been given in accordance with Rule P .R.C.P 237.1. Date i &a-- )A. ?? - atth rushwood, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: A/fl/q/14 •• PHS # 283534 PROTHONOTARY 41(v •54 PA ATr/ ti ((19otpo ef a13995- 283534 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. JOHN K. DOLAN JUDY E. DOLAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-9281 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN K. DOLAN is over 18 years of age and resides at 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113. (c) that defendant JUDY E. DOLAN is over 18 years of age and resides at 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date att shwood, Esquire Attorney for Plaintiff 283534 CITIMORTGAGE, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL. DIVISON NO. 11-9281 JOHN K. DOLAN JUDY E. DOLAN Defendant(s) TO: JOHN K. DOLAN 4825 CREEKVIEW ROAD MECHANICSBL.11t6, PA 17050-2113 DATE OF NOTICE: 2?;Z,2? I ?? IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE. CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AT'T'EMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERIY. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Dana Ostria sk", Esquire Attorney fo a ntiff Phelan Hallinan & Schmieg, L,LP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 283534 CITIMORTGAGE, INC. v. Plaintiff JOHN K. DOLAN JUDY F. DOLAN TO: JUDY E. DOLAN Defendant(s) 4825 CREEKVIEW ROAD MECHANICSBU T', PA 17050-2113 DATE OF NOTICE: ° z- COURT OF COMMON PLEAS CIVIL DIVISON NO. I1-9281 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEIST, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAI. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (7 t7) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717),,149-3166 w?... DanE tr , y Esquire Attorney aintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 283534 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. VS. JOHN K. DOLAN JUDY E. DOLAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-9281 Notice is given that a Judgment in the above captioned matter has been entered against you on y c If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY** 283534 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff V. JOHN K. DOLAN JUDY E. DOLAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/20/2012 to Date of Sale ($11.77 per diem) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9281 CUMBERLAND COUNTY _) r-.3 ._...;. L ?. fw'1 J $71.612.51 ,-' ! $1.636.03 TOTAL Note: Please attach description of property. PHS # 283534 O s -faB.50 po AY11/ 85. oo Cer U. 00 Ib.so 1? a•so H ,S o?a4. SO PO ATTy X01.015 be? - So LL 1_ VJwjAZ_Ha1Wnan & Schmieg, LLP Allison F. e , Esq., Id. No.309519 Attorney for Plaintiff C tf-11Q ( Soil gft'ows f M M y n ? O v1 O W) T Q O Q ? E a 00¢.. i w? zw? ¢ QWU O W U ,? 3 ?Q x ? z xd c ?jr N U Q N U Q 00 O "t 00 ti 'IT r? w? o? z O a zW ? Ott W a? O Q ? V v ? o 00 3w ?? a Q O W - VW Oa ?Wq ? 30 V U > ?? ? a ¢ 7 Cs, w ¢ 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. Plaintiff v. JOHN K. DOLAN JUDY E. DOLAN Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9281 CUMBERLAND COUNTY CERTIFICATION 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 unsworn falsification to authorities. Ph 1 A&Hinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.3095J9 Attorney for Plaintiff t"r7 C'7 --'?, Q: c 1 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9281 JOHN K. DOLAN JUDY E. DOLAN Defendant(s) CUMBERLAND COUNTY PHS # 283534 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, 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 4825 CREEKV IEW ROAD, MECHANICSBURG, PA 17050-2113. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ri -..., JOHN K. DOLAN 4825 CREEKVIEW ROAD { MECHANICSBURG, PA 17050-2113 M-. c.n JUDY E. DOLAN 4825 CREEKVIEW ROAD = MECHANICSBURG, PA 17050-2113 ` c - _, 2° - '. - 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 t o be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 4825 CREEKVIEW ROAD MECHANICSBURG, PA 17050-2113 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE 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 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 su iect to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Phelan a an & Schmieg, LLP n . Wells, Esq., Id. No.309519 Attorney for Plaintiff 9- CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 11-9281 JOHN K. DOLAN JUDY E. DOLAN CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY'`' TO: JOHN K. DOLAN JUDY E. DOLAN= -- 4825 CREEKVIEW ROAD = --:; MECHANICSBURG, PA 17050-2113 rQ "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 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $71,612.51 obtained by CITIMORTGAGE, 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 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the extreme southwest corner of land of the Grantees herein, which point is also 224.5 southeast of a point in the center line of the road leading from Bryson's Bridge to Orr's Bridge Road; thence South 30 degrees East along line of land now or late of Robert S. Greene, et ux, a distance of 409 feet to an iron pin; thence South 59 degrees 20 minutes West and along line of land now or late of David Baker, Jr., a distance of 67.7 feet to an iron pin; thence North 30 degrees 30 minutes West and along line of land now or late of William E. Baus, et ux, a distance of 400 feet to a point; thence South 59 degrees 15 minutes West, a distance of 25 feet to a point at line of land of Lester E. Weigel, Jr. et ux; thence North 30 degrees 30 minutes West and along aforesaid line of lands of Lester E. Weigel, Jr., et ux, a distance of 10 feet to a point; thence North 59 degrees 15 minutes East, a distance of 927 feet to a point, the point and place of Beginning. TITLE TO SAID PREMISES VESTED IN TITLE TO SAID PREMISES IS VESTED IN Judy E. Dolan and John K. Dolan, her husband, by Deed from Lester E. Weigel, Jr. and Elsie A. Weigel, his wife, dated 06/03/1983, recorded 06/20/1983 in Book 30-F, Page 1036. PREMISES BEING: 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113 PARCEL NO. 10-17-1033-095 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9281 CITIMORTGAGE, INC. vs. JOHN K. DOLAN JUDY E. DOLAN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County. Pennsylvania, being (Municipality) 4825 CREEKVIEW ROAD MECHANICSBURG PA 17050-2113 Parcel No. 10-17-1033-095 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $71,612.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9281 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JOHN K. DOLAN and JUDY E. DOLAN (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 paving 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: $71,612.51 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($11.77 per diem) -- $1,636.03 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $224.50 Other Costs: Plaintiff Paid: Date: 6/!)'2012 David D. Buell, Prothonot (Seal) _ . W - ftei-A-r-- Deputy REQUESTING FATTY: Name: ALL F. WELLS, 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. 309519 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief deputy `. ~:E :~~ ,..; r~~?A~~~ 29 EPA f~:.,? ~ Richard W Stewart Solicitor CITIMORTGAGE, Inc. vs. John K. Dolan (et al.} Case tVumber 2011-9281 SHERIFF'S RETURN OF SERVICE 06/22/2012 05:46 PM -Deputy Ryan Burgett, 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 4825 Creekview Road, Hampden Township, Mechanicsburg, PA 17050, rumberland County. 06/22/2012 O~i:46 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known uts contents and at the same time personally handing a true copy to a person representing themselves to be JUDY DOLAN-WIFE, who accepted as "Adult Person in Charge" for John K. Dolan at 4825 Creekview Road, Hampclen Township, Mechanicsburg, PA 17050, Cumberland County. 06/22/2012 05:46 PM -Deputy Ryan Burgett, 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: Judy E Dolan at 4825 Creekview Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County 07/10/2012 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 $155.83 SO ANSWERS, ~t,,~`"---~... August 24, 201? RON ~ R ANDERSON, SHERIFF - `~~, ~ CITIMOR'I'GAGE, INC. Plaintiff v. JOHN K. DOLAN JUllY E. DOLAN Defendant(s) COURT OF COMMON PLEAS CIVIL I)IVISIO~N NO.:11-9281 CUMBE;RLANI) COUNTY PHS # 283534 AFFIllAVIT PURSUANT T'O RULE 3129.1 CITIMORTGACE, 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 4825 CREEKVIEW ROAD, MECHANICSBU72G, PA 17050-2113. 1. Namc° and address of Owner(s) or reputed Owner(s): Namc Address (if address cannot be reasonably ascertained, please so indicate) eIOHN K. DOLAN 4825 CREEKVIEW ROAD MECI3ANICSBURG, PA 17050-2113 .JUDY E. UOLAN 4825 CREEKVIEW ROAD MECHANICSBURG, PA 17050-2113 2. Name. and address of Defendant(s) in the judgment Name Address (if address cannot be reasonably ascertained, please so indicate) SAMI? AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real p,-~~perty to be sold: Name Address (if address cannot he reasonably ascertained, please indicate) None. 4. Namc and address of last recorded holder of every mortgage of record: Namc Address (if address cannot be reasonably ascertained, please indicate ) None. 5. Namc:• and address o`every other person who has any record lien on the property: Namc Address (if address cannot be reasonably ascertained, please indicate) None. 6. '.Name and address ox every other person who has any record interest in the property and whose interest r•nay be affected by the sale. Namc 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 prope~~ which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate] 'TEN:aNT/OCCUPANT 4825 CREEKVIEW ROAD MECHANICSBURG, PA 1.7050-2113 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNiT, ESTATE RECOVERY PROGRAM 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 1712x' P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 1710 DOMESTIC RELATIONS OF 13 NORTH HANOVER S"GREET CUMBERLAND COUNTY CARLISLE, PA 17013 COIVIMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 1NTE:RNA1, REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 I1.S. ATTORNEY FOR THE MIDDLE PO BOX 1].754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDk RAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge ~~r information and belief. I understand that false statements herein are made su~e~~t to the penalties of 18 Pa_ C.S.A. ~ 4904 relating to unsworn falsification to authorities. Date~~ ~~ j~ Phelan 1~ an & Schmieg, LLP n .Wells, Esq., Id. No3095 ( 9 Attorney for Plaintiff r CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.:11-9281. JOHN K. DOLAN JUDY E. DOLAN CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: .IOI{N K. DOLAN JUDY E. DOLAN 4825 CREEKVIEW ROAD MECHANICSBURG, PA 17050-2113 **THIS FiKM 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 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113 is scheduled to be sold at the Sheriffs Sale on 09/05/201.2 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $71,612.51 obtained by CI'I'IMORTGAGE, 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 YGU 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 fog 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 MAC' STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTIIER 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. Yoi.z tray 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 in,:zder~uate 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. ''['o 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. 5. You ma} be entitled to a share of the money which v~ras 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 (l 0) 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 aet immediately aftc°r the.: sale. YOU SHOULD "TAKE THIS PAPER'I'O YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LIS'~TED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVh.NUE CARLISLE, PA 1701.3 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsyb~ania, bounded and described as follows, to wit: BEGINNING at a point at the extreme southwest corner of land of the Grantees herein, which point is also 2,24.E southeast of a point in the center line of the road leading from Bryson's Bridge to Orr's Bridge Road; thence South 30 degrees East along line of land now or late of Robert S. Greene, et ux, a distance of 409 feet to an iron pin; thence South 59 degrees 20 minutes West and along line of land now or late of David Baker, 9r., a distance of 67.7 feet to an iron pin; thence North 30 degrees 30 minutes West and along line of land now or late of William E. Baus, et ux, a distance of 400 feet to a point; thence: South 59 degrees l 5 minutes West, a distance of 25 feet to a point at line of land of Lester E. Weigel, Jr. et ux; thence North 30 degrees 30 minutes West and along aforesaid line of lands of Lester E. Weigel, Jr., et ux, a distance of l d feet to a point; thence North 59 degrees 15 minutes East, a distance of 927 feet to a point, the point and ,place ~f Beginning. ~C1TLE TO SAID PREMISES VESTED IN TITLE TO SAID PREMISES IS VESTED IN .Tudy E. Dolan and .1ohn K. Dolan, her husband, by Deed from Lester E. Weigel, Jr. and Elsie A. Weigel, his wife, dated 06/03/1983, recorded 06/20/1983 in Book 30-F, Page 1036. PREMISES BEING: 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-:2113 PARCEL NO. 10-17-1033-095 SHORT DESCRIPTION Fay virtue of a Writ of Execution NO. 11-9281 CITIMOKTGAGE, INC. vs JOHN K. DOLAN JUDY E. DOLAN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland Cottnty, Pennsylvania, being (Municipality) 4825 CREEKVIEW ROAD, MECHANICSBURG, PA 17050-2113 Parcel No. 10-17-1033-095 (Acreage or street address) Lmprovements thereon: RESIDENTIAL DWELLING .TUDCrMENT AMOUNT: X71,612.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 :IFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-~63-7000 WRIT OF EXECUTION and/or ATTACHMEN"f CC)MMGNWEALTII OP PENNSYLVANIA) NO. 11-9281 Ci~~il C~~ 1[1NT`r' OF CUMIERLAND) CIVIL AC"I~TOi`~ ~. ~,~~' T~J THE SHERl1~F OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, [NC., Plaintiff (s) 1~rcm JOHN K. DOLAN and JUDY E. DOLAN (1; You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL. DESCRIP'TIOi~I . r"? ; You are also directed to attach the property of the defendant(s) not levied upon in the pt~sses~~;io~i 01 G;aR'~ISHEE(S) as follows: and to notify the gar?~~ishee(s) that: (a) an attachment has been issued. (b) the garnishee(s) is enjoi~~e.a from pa~~inQ an~~ debt t:o or for the account of the defendant (s) and from delivering any property of the defendant ~;s) or otl~.erwise disposing thereof; r= t I~ property of the defendant(s) not levied upon an subject to attachment is found in the possession o' anyone other than a named garnishee, you are directed to notifi~ him!her that he/she has been ,xaded as a e;:rnishe~ and is enjoined as above stated. amount Due: 571,612.51 L.L.: 5.5~ Ict~rest from 4120/12 to Date of Sale 011.77 per diem) -- 51,636.03 Att~;~'s C~~mm: "~~ Due Prothv: 52.25 :1u~ Pai.3: 5224.50 Oth~, r Costs' P'..intiff Paid: Date: fi; 1:2012 ^ David D. Buell, Prothonotary ~•~._.. _ Deputy RI=QUE.STING PARTY: \ame: ALLISON F, WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Artorne~ tor: PLAINTIFF Telephone: 215-563-7000 S~:preme Court ID No. 309519 TR~ac. F+i:?p'Y ~~t~iJ! ~tty~R.~J In Test;Tcls'~y whereof, I he~'e unto sat my tiand ana the al of Said ~g~1rt at Car;isle, ~ ;-, This ~_day c;~.~--:, ~~ °c Iyroihor -~ ~a~ r ~~ ~~~~~~ On June 4, 2012 the Sheriff eviec~ upon the defendant€~ interest in the real property situated in I-iampden Township, Cumberland County, i~1~, known and numbered 4825 Creekview I~oaal, IVlechanicsbur, l 17050 more fully described on exhibit ~`A'' filed with this writ and by this reference incorporated herein, Date: June 4, 2012 B ,,.... Y~ _ ~~ ~ ___._._. Claudia Brewbaker, Real Estate Caordinator _.-r•~ ''-~! ~~+ -; F~~ ~ Phelan Hallman & Schmieg, LLP ~~t~ A~G 1617 JFK Boulevard, Suite 1400 ~-,1,~ One Penn Center Plaza ~t,1-418~ Philadelphia, PA 19103 pE~ 215-563-7000 ~A~~ A~ ~4At~torney For Plaintiff COUNT Y ~~N- a -- ~~:~ r~T~ CITIMORTGAGE, INC. Plaintiff vs JOHN K. DOLAN JUDY E. DOLAN Defendant Court of Common Pleas Civil Division CUMBERLAND County No 11-9281 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. ® 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 an ed. Date: _ PHEL ALL N & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff PHS # 283534 ra _. =~ e; ~ _, ~. c~1 ~~ ~ R. 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