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HomeMy WebLinkAbout12-0982OF TN A ; Y £ PRO}ONOT 2012 FEB 15 AM 10: 16 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 286955 CTTIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 v. Plaintiff JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ab) a- 7") l.ivi CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 286955 0OZ6S.-2S Pd 0-IL-4 1) su 10 5 RA- ;1-7)65iD 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 Filet 286955 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/12/2007 JAMES R. THOMAS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book 1980, Page 1441.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 09/01/2011 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 #: 286955 6. The following amounts are due on the mortgage as of 12/26/2011: Principal Balance $101,874.75 Interest $2,660.83 08/01/2011 through 12/26/2011 Late Charges $136.52 Mortgage Insurance Premium / $106.20 Private Mortgage Insurance Escrow Deficit 127.40 TOTAL $104,905.70 7. Plaintiff is not seeking a judgment of personal liability (or an in uersonam 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $104,905.70, 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 AN& SCHMIEG, LLP By: Robert NV-ick, Esquire Attorney for Plaintiff File #: 286955 LEGAL DESCRIPTION ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 1075-6 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, under the provisions of the Unit Property Act of July 3, 1963, P.L. 196. TOGETHER with all right of title and interest, being a 1.4416% of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and the provisions, easements, covenants and restrictions as contained in the Declaration, the Code of Regulations and the Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantees' heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Council in accordance with the Unit Property Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except insofar as Sections 705 and 705 of said Unit Property Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments this covenant shall run with and bind the land or Unit conveyed and all subsequent owners thereof. File #: 286955 The Grantee, for and on behalf of the Grantee and the Grantees' heir and assignees, by the acceptance of the Deed and execution below, acknowledges that this conveyance is subject in every respect to the Declaration of Condominium and Code of Regulations and all amendments thereto, and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit Owners thereon. Grantee and all Owners of Units in said condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. Said Declaration, Code of Regulations and Declaration Plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810, and Plan Book 37, Page 23, respectively. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. BEING known and numbered as 1075-6 Lancaster Boulevard, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Nicholas A. Beshore and Melissa H. Beshore, husband and wife, by Deed dated September 15, 2005, and recorded September 20, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 271, Page 214, granted and conveyed unto Daniel P. Kneller and Heidi H. Kneller, husband and wife, Grantors herein. PROPERTY ADDRESS: 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL # 42-24-0792-041.-U1075-6 File #: 286955 VERIFICATION Roxanne Collins, hereby states that he/she is Document Control Officer of, CTTIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Name: Ranarve Copins Title: Door on Oorftl Officer File#: 286955 Name: THOMAS Attorney File No.: 286955 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f I',I! l L ?.': ttttki' gialtrit??r? rTHE OFF . '-FRIFF CITIMORTGAGE, Inc. vs. James R. Thomas SHERIFF'S RETURN OF SERVICE Case Number 2012-982 02/23/2012 07:19 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2012 at 1919 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James R. Thomas, by making known unto himself personally, at 1075-6 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN FRY, DEPU SHERIFF COST: $38.00 February 24, 2012 2x712 MAR -I AM 8: 3 C,UMBtRl,AND CoUN I y PENNSYLVANIA SO ANSWERS, RON R ANDERSON, SHERIFF Ir„ Cou?i*y5u!te :?hen'± Teiec.,^ft. irr.. 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. VS. JAMES R. THOMAS for Plaintiff f -ND COUNTY - F' S ` LVA N i A : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 2012-982-CIVIL 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 JAMES R. THOMAS, 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 Plaintiffs damages as follows: As set forth in Complaint TOTAL $104,905.70 $104,905.70 I hereby certify that (1) the Defendant's last known address is 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date li A 4/ -1-1 Matt rus wood, Esquire Attorney for Plaintiff RE HEREBY ASSESSED AS INDICATED. ?l )G 3 2P DAMAG?W/ Og DATE: •? (UO''1Ct N(Q.?? PHS # 286955 PROTHONOTARY 286955 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION JAMES R. THOMAS : No. 2012-982-CIVIL 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 JAMES R. THOMAS is over 18 years of age and resides at 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ? / Matthe rushwood, Esquire Attorney for Plaintiff 286955 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. JAMES R. THOMAS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-982-CIVIL Notice is ven that a Judgment in the above captioned matter has been entered against you on ?.. t By: 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 HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** CITIMORI'GAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP. INC. L' .TAMES R. THOMAS Plaintiff De.fend::int(s) 1'0 JANIF:S R. Yl IOMAS 1075-6 -ANCA.STER BOUI.EVARD MECHANICSBURCI, PA 1'7(155 i i DATE OF N'O TICE: t COURT OF COMMON PLEAS CIVIL DIViSON NO. 2012-982-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR AI TEMPTING TO COLLECT A DEBT. THIS NOTICE IS SEN'.I' TO YOU IN AN AI" TEMPT 'CO COLLECI°THE INDEBTEDNESS REFERRED TO HERIiIN, AND ANY INFORMATION OBTAINED FROM YOU W11-1. BE USED FOR THAT PURPOSE. IF YOt! HAVE PREVIOUSLY RECEIVE].) A DISCHARGE IN BANKRUP'T'CY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YO(.; HAVE FAILED TO EN'T'ER A. WRfT`TFN APPEARANCE. PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOTJR 1:)EFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINS'T' YOI.1. L1NI_,F.,SS YOU AC"I' WITHIN TEN DAYS FROM THE DA'T'E OF THIS NOTICE, A JUDGMENT MAY BF: ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT R7Gfi'I'S. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 111? YOU DO NOT HAVE' A LAWYER, GO TO OR TF.,L,.EPHONF, THE OFFICE SET IORTII BELOW. THIS OFFICE CAN PROVIDF YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOIJ CANNOT AFFORD TO 1TIRE A LAWYER, THIS OFFI('1 MAY BE ABLE; TO PR(:)VIDI? YOU WITH INFORMATION ABOI_;' AGENCIES THAT MAY OFF'I I2 L.EG.AL SERVICES TO ICI .ICr1I3Ll'PERSONS A\T A RFDIICI"I) FEE OR NO hi?l Office Of the Prothonrrtw..y Cumberland County Courthouse. I Courthouse Square Carlisle, PA 17013 (7 17) 240-6195 CUMBERLAND COUNTY FEAR ASSOCIATION CUMBERLAND C:`0UNTY C'OURTHOLJSE 2 1-11117.RTY AVIiNUI. CARLISLE, PA 17013 (717) 249-3166 Bv: °-, Dana Osttt ky Esquire Attorney 1, Pl iiritiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 1.9103 PHS 4 286955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-982 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP INC. Plaintiff (s) From JAMES R. THOMAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $104,905.70 L. L.: $.50 Interest from 4/14/2012 to Date of Sale ($17.24 per diem) - $2,499.80 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $189.25 Other Costs: Plaintiff Paid: Date: 5/17/12 Ile, . Buell, Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name: ROBERT W. CUSICK, 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. 80193 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 JAMES R. THOMAS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/14/2012 to Date of Sale ($17.24 per diem) TOTAL Note: Please attach description of property. PHS # 286955 3g. oo r3? 69. ?S ?. SD So «<< ?Or6l? NO.: 2012-982-CIVIL CUMBERLAND COUNTY $104,905.70 ) r $2,499.80 -ate T'' 07 405.50 Phe n alma chmieg, LLP Robe ick, Esq., Id. No.80193 Attorney for Plaintiff .. ?,? . 56 G L C''a l? 85?3U Sa9? . 97 ?r}aF C? T? -o ' W o T Q ?zu O 3 ?a¢ o W CJ ¢ ¢ ti?? d C7 H O O d ? o> z a o Z a o h w Z W ,, H - -• a z x? W? x w ? x? x? p? w U x? ?a Q ? 3 ?' w w ?aU U > ti ? w ax¢ LEGAL DESCRIPTION ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 1075-6 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, under the provisions of the Unit Property Act of July 3, 1963, P.L. 196. TOGETHER with all right of title and interest, being a 1.4416% interest of, in and to the Common elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions of record and the provisions, easements, covenants and restrictions as contained in the Declaration, the code of Regulations and the Declaration Plans. The Grantee; for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative, successors and assigns, by acceptance of this Deed and execution below, acknowledges that this conveyance is subject in every respect to the Declaration of Condominium and Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. Said Declaration, code of Regulations and Declaration plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 23, respectively. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN James R. Thomas, by Deed from Daniel P. Kneller and Heidi H. Kneller, h/w, dated 01/12/2007, recorded 01/24/2007 in Book 278, Page 2634. PREMISES BEING: 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-041.-U1075-6 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ,. * -R T I!,$' ,-- LrdJ?C.0 I a iu?1 1 y? i 3!", IS CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. JAMES R. THOMAS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-982-CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) 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 . § 4904 relating to unsworn falsification to authorities. By: el allinan & Schmieg, LLP Ro W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. JAMES R. THOMAS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-982-CIVIL CUMBERLAND COUNTY PHS # 286955 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 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) ROGER ASHWAY 10321 MOWERSVILLE ROAD NEWBURG, PA 17240 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) SUNGUILD III CONDOMINIUM 11 GENEVA DR ASSOCIATION MECHANICSBURG, PA 17055 7:- Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to or' 'es. Date: la V By: Ph an man & Schmieg, LLP Robe Cusick, Esq., Id. No.80193 Attorney for Plaintiff r + • CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff NO.: 2012-982-CIVIL VS. JAMES R. THOMAS CUMBERLAND-COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY:. TO: JAMES R. THOMAS ED 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 "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 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 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 court judgment of $104,905.70 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 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. 2012-982-CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. JAMES R. THOMAS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 Parcel No. 42-24-0792-041.-U1075-6 (Acreage or street address) Improvements thereon: Condominium JUDGMENT AMOUNT: $104,905.70 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 1075-6 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, under the provisions of the Unit Property Act of July 3, 1963, P.L. 196. TOGETHER with all right of title and interest, being a 1.4416% interest of, in and to the Common elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions of record and the provisions, easements, covenants and restrictions as contained in the Declaration, the code of Regulations and the Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative, successors and assigns, by acceptance of this Deed and execution below, acknowledges that this conveyance is subject in every respect to the Declaration of Condominium and Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. Said Declaration, code of Regulations and Declaration plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 23, respectively. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN James R. Thomas, by Deed from Daniel P. Kneller and Heidi H. Kneller, h/w, dated 01/12/2007, recorded 01/24/2007 in Book 278, Page 2634. PREMISES BEING: 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-041.-U1075-6 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 286955 DEFENDANT JAMES R. THOMAS SERVE JAMES R. THOMAS AT: 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 SERVICE TEAM/ lxh COURT NO.: 2012-982-CIVIL C? r-a ;0 U) t .3> CD t-4 C-:, :=-n C TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 SERVED i-I Served and made known to JAMES R. THOMAS, Defendant on the i? 2 day of qu.p 20 , at y ,: A.?, o'clock;. M., at io7G - G L" cA STEQ L v b in the manner described below: ..{ _AZDefendant personally served. MEn14NIC5%t,AG, P/-, - 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 Defendant's company. Other: Description: Age ? Height 7 19 Weight l kQ Race W Sex M Other I Ronald Moll a competent adult, hereby verify that 1 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 unswom falsification to authorities. DATE: I I ?- NAME: O vV PRINTED NAME: Ronald MOIL TITLE: Process Server 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 at Service Refused 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 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 Matthew G. Brushwood, Esq., Id. No. 310592 S t 1 r.? a Ali, G4lMpEsN S`LVANI ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. JAMES R. THOMAS Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-982-CIVIL AND NOW, this tZ day of C 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs 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. 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 d6o?? Z' 4644 J. 286955 atthew Brushwood, Esq., Id. No.310592 ielan Hallinan & Schmieg, LLP 17 JFK Boulevard, Suite 1400 liladelphia, PA 19103 EL: (215) 563-7000 NX: (215) 563-3459 XMES R. THOMAS X75-6 LANCASTER BOULEVARD IECHANICSBURG, PA 17055 4 fes Nu, le- / ?/ 92 Aw- t/ JAMES R. THOMAS 40 S MAIN ST CHAMBERSBURG, PA 17201-2226 286955 286955 PHELAN I-IALLINAN & SCHIvIIEG, LLP Attorney for Plaintiff Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~`~ i ~~~~~ UTHOhfl?'AR~r' ~flIZ AUK ! 6 dM IQ: 4p cuM~E~~ ~o cauNr~ ~~NNS LVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP, INC. Plaintiff, COURT OF COMMON PLEAS v. JAMES R. THOMAS Defendant(s) CIVIL DIVISION No.: 2012-982-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(x) 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~ete Exhibit "A". , _ _...... ~ .. ..,~ , ..,.y,...., !~ ~j Attorney for Plaintiff Date: `6 `~ 11V1Z'ORTANT N TILE: This property is sold at the direction of the plaintiff. It may not be said in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 286955 ' CITIIVIORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JAMES R THOMAS Defendant(s) COURT OF COMMON CIVIL DIVISION N0.:2012-982-CIVIL CUMBERLAND PHS # 2$6955 AMENDED AFFIDAVIT PURSUANT,TO RULE 3129.1 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concer real property located at 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name 2. JAMES R THOMAS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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 Name Address (if address cannot be reasonably ascertained, please indicate) Roger Ashway 10321 Mowersville Road Newburg, PA 17240 Franklin Credit Management Corporation Franklin Credit Management Corporation C/O Thomas M. Federman, ESQ. 101 Hudson Street 25th Floor Jersey City, NJ 07302 Federman & Associates, LLC 305 YORK RD STE 300 JENKINTOWN, PA 19406 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) PLEAS the sold: None. 6. "Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) SUNGUILD III CONDOMINIUM 11 Geneva Dr ASSOCIATION Mechanicsburg, PA 17055 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ /S 1d- By: PI~Qai(Halliaan & Schmieg, LLP Andrew J. Marley, Esq., Id. No.312314 Attorney for Plaintiff ,~ by the may ime and P'Yalan Ilalimn t 9chmisg, LLP Idlefa ~ 1617 7PK Bortalriad~ l~1te 1400 Sender Oea taae C~eoter Plana P~ 141 di ~aAA m Aldala Nv,obr saai Tact Odes Addnaa aaaa .{Al~ ~ .~.~ 10'fl+f I.AlOUIiYARD TA 170.73 l aaaa sg,43 4rs~lsT P'HSflt Nid6 1 of 1 Siti90 J 1' 'N ~~ ~ a~ sdsn ~~Q; .o z ~ilRtt~'~ a y~ aD t0~6~ v Name and Phelan [iaUinan ~ Schmieg, LLP = .'~+ 2 ~ Address ~ 1617 !PK Boulevard, Suite 1400 ~ /~ n Uf Sender One Peon Center Plara ,~, G ~ Ph PA 19103 AZK/ABG - 09I9S/2012 SALB ~'> ~ Line Ankle Ntaeber Ntr9 of aed Pbat Otlfee Aeldfwa `~ 1 •••• lratiklt~ Cndk M~9st Corpontlon ' 191 Ham Street ISti Floor ~ 9T392 Z .ra. p~ Credit Muf~sat Corporation CIO Thwu IK. Federsa:a, BSQ. Faeter~an ~c AwoeinEea, LLC 39S YORK RD STS 309 JENKINTOWIY PA 19406 3 ..r. 4 .... R6: JAMES llr THOMAS CUMBE PHSA 296lSS/192b l 0(1 45 Da TaWN~ierd TaWTirb~rarrhoe~ Pover,Pe(ilrsof Th~lYla~si~Kwlwbw~a~aAmimrl4sriviwai~ra/ra. 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' = ~ G p ~„~, , G. ~. n 3.3 m~ xa ' B . ~ ~ = 3~, 9 o m a ~ 'o ~ ,~ a ~. n '^ O d ~ ry n _ y ~ y ~. ~ Rj ~ ~ A ~ ~ v~~~g 8 ~ ~ G• ^ ~, ~"~ ~ ~ ~ A d ~ ~ m ~b ~ ~, , ~ ~ '~x •~ . oaz µ. ~ ~ a ~ ~ ~ ~ ~ ~ `; a 1 o ~,, ^~ ~ ~~ S ~ ~ ~o~' ro c~ o `C1 R R'° ~' n. ~ ~ ~ 3 m rro ~ t~ o r.. o ,.~ S I ; .~ iii , V V ~~} ~'~?~ Phelan Hallinan & Schmieg, LLP ~~1~ ~~~ 1 ~ ~M ifl~ 2~ Melissa J. Cantwell, Esq., Id. No.30~~1i RI.A~ GQT~TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ~i~KN~YI.V~t~A One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 ~: CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. JAMES R. THOMAS Defendant Court of Common Pleas Civil Division CUMBERLAND Cownty No.:2012-982-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 10, 2012 Rule 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. JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 JAMES R THOMAS 40 S MAIN ST CHAMBERSBURG, PA 17201-2226 helan allinan ieg, LLP DATE: AU6 16 2012 By: Melissa J. Cantwe , Attorney for Plaintiff 28695 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 C ~!_~~-ii~Fl~~: ~~; ~ SL ~ _ ~ ~~ 1~Y FOR PLAINTIFF CUM~3ERL~ND COt1N1Y ~'~F~NSYLVaNiI~ CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. JAMES R. THOMAS Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-982-CIVIL MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on August 7, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 24, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about August 10, 2012 directing the Defendant to show cause by August 30, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 16, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 30, 2012. 286955 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. a Ph llinan & Schmieg, LLP DATE: ! By: att e hwood, Esquire ttorney for Plaintiff 286955 ene and Phelan Hallman & Schmieg, LLP ldrps ~ 1617 7FK Boulevard, Suite 1400 Sender One Pew Canter Plate Philadehlhia_ PA 19103 AMO ~e Article Number Naae of S a~ Pbat Offks Addrw Post e l "•• JAMES R. THOMAS 50.45 107Sb LANCASTE1t BOULEVARD 11QCHANIt~ PA 17055 C •••• JAMES R THOMAS 50.45 4o S MAIN sr C~ PA 17291-2226 RE: JAMES R THOMAS CUMBERLAND PHSN 206955 1 of 1 50.90 gat IJMed try Seeder ~ Reoawd a Pwt cake ~ Reodvi~ fer He nraeeldc6er a(eeieeaeRieibb~eaeerier tree Mel doceseY nm~egien pies e~ e a iivit offle0006 oe aeeenow. Ihseedeee m8moq' P~ a ~ 71e sudeee ~7 NpMe a f7S,090 ~ npeeed eel, eAK wid' aptiomf utters. 8900 5913ad 39211br Hedeeiae erwwes. p N q aitl R o • O +c ~N~ R ~ ~d N N° ~ A ~ Sh ~1 Oa sass 4i~.' A ~.(/ `` _ J \\ y as 2'~d Z0~6~ ~ocn~~ Exhibit "B" ,.. ... i r '~ '- =~ ~~1~~~Z~~~`~.,~ ltid~,ltt 13, ~11~ ~ Y ~~ ~~ ~l ~~°a 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 JAMES R. THOMAS No.: 2012-982-CIVIL Defendant RULE. AND NOW, this '9 ~ day of 2012, 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. 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 /S/ ~ /u,/,G~ m_ ........... ......._ J. 286955 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 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. SB/M TO ABN AMRO ~ Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division ~~ ~ vs. CUMBERLAND Co ~ ~ ~. - - ..r.. f~ ~M S- ~ ` ~ S- n ._. 4° JAMES R. THOMAS No.: 2012-982-CIVI~~ ' :~i~r ~~ ~v~ Defendant ,p ~ ~ ~, ;• = Z Q CERTIFICATION OF SERVICE ~"~ C5 c r ' -~ ~ --~ ~` _..,, I hereby certify that a true and correct copy of the Court's August 10, 2012 Rule directing the Defendant. to show cause as to why Plaintiffs Motion to Reassess Damages- should not be r granted was served upon the following individual on.the date indicated below. JAMES R. THOMAS "JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD 40 S MAIN ST MECHANICSBURG, PA 17055 CHAMBERSBURG, PA 17201-2226 ;'hclan i:tiallinan &;.~'~r,~i~txieg LLP Fq kU6 16 2012 ~ `' DATE:.. By: ~,, _ _.. _ Melissa J. t 4-ntwe~'; E~iaire Attorney for Plaintiff 2.86955 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. JAMES R. THOMAS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-982-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute were served upon the following individual on the date indicated below. JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 JAMES R. THOMAS 40SMAINST CHAMBERSBURG, PA 17201-2226 P 1 a inan & Schmieg, LLP DATE: By: wood, Esquire Attorney for Plaintiff 286955 SHERIFF'S OFFICE OF CUMBERLAND CQ,UeN~TY _, ~ L'~r r ~: Ronny R Anderson j ; j~ ~' ^' ~ ~i,: , ^ .~ Sheriff ~,, _. .. „~,;~ Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~ ~ r~~f~ ~''~!2 ACT 29 ,~.~ ~~: ~c, wUMBERL~,~rU C~~r`~T` PENNSYI..V,~~d.A CITIMORTGAGE, Inc. vs. James R. Thomas Case Number 2012-982 SHERIFF'S RETURN OF SERVICE 06/21/2012 05:40 PM -Deputy Michael Garrick, being duly sworn according to law, served the requested Real Estate Writ, fJotice and Description, in the above titled action, by rnaking known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: James R. Thomas at 1075-6 Lancaster Boulevard, Upper Allen Township, Mechanicsburg.. PA 17055, Cumberland County. 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises a# public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $739.79 October 29, 2012 SO ANSWERS, ~~ ~~ RON R ANDERSON, SHERIFF ~ a~,~~. ~ ...~ L~ ~ . ~~ ~~~ ~ CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v JAMES R. THOMAS Defendant(s) PHS # 286955 AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS . CIVIL DIVISION . N0.:2012-982-CIVIL . CUMBERLAND COUNTY 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 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. 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. 5 JAMES R.. "THOMAS Name and address of Defendant(s) in the judgment: Name. SAME AS ABOVE 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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) ROGER ASHWAY' 10321 MOWERSVILLE ROAD NEWBURG, PA 17240 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. E,. Name and address of every other person who has any record interest in the property and whose interest mazy be affected by the sale. ?.lame Address (if address cannot'be reasonably ascertained, please indicate) SUNGUILll Ill CONDOMINIUM 11 GENEVA DR ASSOCIATION MECHANICSBURG, PA ]7055 7. Name and address of every, other person of whom the plaintiff bas laiowledge who has any interest i ~~ the property which may be affected b~ the Sale: Name Address (if address cannot be reasonably a:;certained, please indicate} TENANT/OCCUPANT 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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 17108-1.754 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 si.tbject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unswonz falsification to or~ 'es. Date: _ 4a_ ~ V By: Ph an man & Schmieg, LLP Robe .Cusick, Esq., Id. No.80193 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. JAMES R. 'THOMAS COURT OF COMMON PLEAS CIVIL DIVISION N0.:2012-982-CIVIL CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES R. THOMAS 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 **THIS FIR1V7 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 llF.BT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.*x Your house (real estate) at 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 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 court judgment of $104,905.70 obtained by CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 1~he sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees d.ue. To find out: how much you must pay, you may call: 21_5-563-7000 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. Yot~ 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 b~ calling 215-563-7000. 2. You may be abbe 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 sa:{e. T`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. 6. You may be c°ntitled 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 uther rights and defenses, or ways of getting your home back, if yo~~~ act inmrediately after the sale. YOU SHOULD TAKE THIS PAPER TU 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 COURTHOUSF. 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (S00) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-982-CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC, vs. JAMES R. THOMAS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 Parcel No. 42-24-0792-041.-U1075-6 (Acreage or street address) Improvements thereon: Condominium JUDGMENT AMOUNT: $104,905.70 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK boulevard, Suite 1400 Philadelphia. PA 19103 215-563-70(10 LEGAL DESCRIPTION ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 1075-6 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County., Pennsylvania, under the provisions of the Unit Properly Act of July 3, 1963, P.L. 1.96. TOGETHER with all right of title and interest, being a 1.4416% interest of, in and to the Common elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions of record and the provisions, easements, covenants and restrictions as contained in the Declaration, the code of Regulations and the Declaration Plans. The (:7rantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all arnounts so assessed and. that except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with. and bind the land or unit hereby conveyed and all subsequent owners thereof. The Corantee, for and cn behalf of the Grantee and the Grantee's heirs, personal representative, successors and assigns, by acceptance of this Deed and execution below, acknowledges that this conveyance is subject in even' respect. to the Declaration of Condominium and Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. Said Declaration, code of Regulations and Declaration plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 2.3, respectively. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. TITLE T'O SAID PREMISES VESTED IN James R. Thomas, by Deed from Daniel P. Kneller and I-Ieidi B. 1{Heller, h/w, dated 01/12/2007, recorded 01/24/2007 in Book 278, Page 2634. PREMISES BEING: 1075-6 LANCASTER BOULEVARD„ MECHANIC'SBURG, PA 1'7055 PARCEL NO. 42-24-0792-041.-U1075-6 WRIT OF F.XECUT[ON and/or ATTACHMENT Ct_)iV11~9'ONWEALTH OF PENNSYLVaNI,A) NO. 12••982 Civil COIN C1' OF CtiMI3ERLAND) CIVIL AC'T10'~i - L,.~aW TO TH:F SHERIFF OF CUMBERLAND COUNTY: To satisfi~ the debt. interest and costs due CITIMORTGAGE, INC. S/B/M TO ABN ANIRO MORTGAGE GROUP INC. Plaintiff (s) F~:om JAMES R. THOMAS I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL nESCR[PTION . (~ j You ara also directed to attach the property of the defendant(s) not levied upon in the possession o i- G.ARNiSHEE(S;1 as follows: and to notify the ~?arnishee(s) that: (a) an attachment has been issued; (b~ the gan~ishee(s) is enjoined fi-om 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; (_~ j If property of the defendant(s) not levied upon an subject to attachment is found in the possessio^ of anyone other than a named garnishee, you are directed to no'tifi~ himiher that he!she has been added as a garnishee and is enjoined as above stated. Amount Due: S104.905.70 L.L.: S.SO Interest from 4/14/2012 to Date of Sate (517.24 per diem) - 53,499.80 Attv's C~:~mm: °'o Due Frothy: 52.25 A.rte Pai~.~: 5189.25 O~_h~°r Costs: Plaintiff Paid: ~----~ Date:./1 ?;12 (Seal) David D. Buell. By: Deputy RE~QUFSTING PAR'.TY: 'game: ROBERT W. CUSICK, ESQUIRE A~idress_ PHELAN HALLINAN & SCHMIEG, LLP 1617 JE K BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney, Cor: PLAINTIFF Telephone: 215-563-7000 Suprern~ Court ID No. 80193 TRi1E COPY ~RO~VI RECORD In Testimony whereof, I here unto set my hand and the seal pf said Court at Carlisle, P'a~ This ~ ? day of a-~ , 20 !~_ Prothonotary On May 2?, 2U 1 ~ tt~e ~~he~~~ ~ i. ~c~~~ed ~.~}~ot~ ~ilc. defendant's interest, in ~.i~~; ~-c;~-~~ ~ar~~}~~:~~~.~ sltua~,~m~~ ~~-; Upper Allen Township, ~~-c~~z~berfanci ~,;oai~tr~, is Known and numbered as, ~ ~~ i ~-~; l~ax~caster ~f ~~c Mechanicsburg, more ul~- ~'escr~i7e~~t ~:~~~ Exhibit "A" filed. with. this v4~jrit and ~~~yf this referen~°. incorporated herein.. Date: May 2Z, :Zt~ f ~. a t ;' . ~ ~,, z~ cat ~ i~;siat~; ~;oordinato CUMBERLAND LAW JOURNAL Writ No. 2012-982 Civll Term CITIMORTGAGE, Inc. vs. James R. Thomas Atty.: Daniel Schmieg I3y virtue of a Writ of Execution NO. 2012-982-CIVIL, CITIMORT- GAGE, INC. s/b/m TO ABN AMRO MORTGAGE GROUP, INC. vs. JAMES R. THOMAS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Penn- sylvania, being 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 Parcel No. 42-24-0792- 041.-01075-6. l:mprovements thereon: Condo- minium. .JUDGMENT AMOUNT: $104,905- .70. 104 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law ;lournal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of (:arlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been. regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 A.ffiant further deposes that he is authorized to verify this statement by the (:'timberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~ ~ ~~ _ .. ~a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this IO da of Au ust 2012 ~% `--- Notary ~'V!)TAiiIA~ S~ Al ~~ ~EBC)F~AH A COLLINS P~ctar>> Public CARLISLE FO(?CUGN, CUMBERLAr.JU i~CiJ(vi"! ?v9y C;„rr~mission E,ipi~es Apr 2~;, ?C'4 The Patriot-News Co. 2020 T~chno~ogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue ~latriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Cormonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Tovmship of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Cornpany is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on bef alf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2012.982 CHII Term CITIMOR7GAGE, Inc. Vs Janws R. Thanes Atty: D~n(il8chmiag By virtue of a Writ of Execution NO. 201.2-982-CIVIL CI'CIMORTGAGE, INC. SB/M TO ABN Alt iR0 MORTGAGE GROUP, INC. ws. JA1~S R. THOMAS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) to"s-6 LANCASTER BOULEVARD, MIiCHANICSBURG, PA 17055 Pazcel Na.42-24-0792-041: Utt175-6 (Au'reage or street address)~~ v Improvements thereon: Condommmm JUDGMENT AMOUNT $104,905.70 07/27/12 08/03!12 ~'` .. 08/10/12 ~. ~ , `~' /r--• Swo~o an s~cribi~d, fore me tKis 1,~day;d ~ugust, 2012 A.D. ~~ d __ n. .. ~., ~~ , ~~; ~' f ~ _ _~- ~_._ __ . " ~ Notary Public n ilr l1~f R~Q"' _ w_1"14R0 ~ Ur'A..: ~ r PS<._N ,,y'_,?i=ti~,NIF4 7zi8f r~~:'Fc rV~;r ~. :,~~.. j i IV 'h S~t.ih~-..,irf. ~ :~-~ COMMc)NVJEALTH OF PENNSYLVANIA COL1I'J'CY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee thf: same having been sold to said grantee on the 5th day of September A.D., 2012, under a.nd by virtue of a writ Execution issued on the 17th day of May, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 982, at the suit of Citimort~a~e Inc. against James R. "Thomas is duly recorded as Instrument Number 201233355. IN TESTIMONY WHEREOF, I have hereunto set my hand ~_ and seal of said office this day of 2 , A.D. ~:. El-~~ ~~'~) ~, ~ ,~ (~ ~~~ ~ Recorder of Deeds Retarder of Cwnbertand County, CarC~sie, PA My Corrunissiat Expires the Fuss Monday of Jan. 2014