Loading...
HomeMy WebLinkAbout12-3966 2 5 fv a..C R[ ??C Cu?JJ3?T'' PHELAN HALLINAN & SCHMIEG, LLP Christina C. Viola, Esq., Id. No.308909 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff V. JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 0i Vc- NO. I a- 39 " COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 235793 OS ? 0.rn?31o3.7S °? 8G Ck. I? 12oir) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days -after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 235793 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: JUDY L. YOVICICH 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/01/2007 JUDY L. YOVICICH and NETTLE S. YOVICICH made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200743588.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 01/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 235793 6. The following amounts are due on the mortgage as of 04/02/2012: Principal Balance $185,974.95 Interest $28,746.28 02/01/2010 through 04/02/2012 Late Charges $1,481.50 Property Inspections $40.50 Appraisal/Brokers Price Opinion $150.00 Mortgage Insurance Premium / $235.30 Private Mortgage Insurance Escrow Deficit $7,411.46 TOTAL $224,039.99 7 8. 9 10. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. NETTIE S. YOVICICH was a co-record owner of the mortgaged premises as a joint tenant with the right of survivorship. By virtue of NETTIE S. YOVICICH's death on or about 02/22/2008, her ownership interest was automatically vested in the surviving joint tenant(s). Plaintiff hereby releases NETTIE S. YOVICICH, from liability for the debt secured by the mortgage. File #: 235793 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $224,039.99, 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. PHE N IN N & SCHMIEG, LLP By. Christina C. Viola, Esquire Attorney for Plaintiff File #: 235793 LEGAL DESCRIPTION All that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: Beginning at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one (231.00) feet to Norman Road East; thence in a Northerly direction along hte Easterly line of Lot No. 48, one hundred twenty (120.00) feet to Lot No. 54, Block 'L' on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty-eight one-hundredths (13.58) feet to Lot No. 53, Block'L' on said Plan; thence in a Southerly direction along the Southerly line of Lots Nos. 53 and 52, Block 'L' on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block 'L' on said Plan; thence in a southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one- hundredths (86.21) feet, the place of beginning. Being Lot No. 49, Block 'L' on the Plan of Part of Block 'J' and 'L', Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. Being the same premises conveyed to Judy L. Yovicich from Nettie M. Yovicich, a/k/a Nettie S. Yovicich by Warranty Deed dated 7/15/1997 and recorded 7/18/1997 as Instrument or Book/Page No. 161/303 of the Cumberland County Clerk's Office. File #: 235793 SHOWN FOR INFORMATIONAL PURPOSES ONLY: ADDRESS: 1190 Lowther Road, Camp Hill, PA 17011. PARCEL ID# 13-23-0545-073 PROPERTY ADDRESS: 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 PARCEL # 13-23-0545-073 File #: 235793 A VERIFICATION Dan Fitzgerald , hereby states that he/she is employed as a 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 unsworn falsification to authorities. DATE: Zy -12- Name: Dan Fitzgerald Title: D©cumsnt Con"I OMOOr File#: 235793 Name: YOVICICH Attorney File No.: 235793 FORM 1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff(s) vs. JUDY L. YOVICICH Defendant(s) NOTICE OF RESIDENTIAL IN THE COURT OF COMMON PLZNPb OF CUMBERLAND COUNTY, PEN Y6VAN Civil B - MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. ?v Date Res Iully bm' ed: U L Christina C. Viola, Esquire Attorney for Plaintiff FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Cumberland County Court of Common Pleas Docket #. BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: Office: Other: State: Zip: How long? Home: Office: Cell: Other: How long? State: Zip: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ©AK Sheriff of d Cuarbpr??? 0 Ar 9: Jody S Smith 1640 2012 jol_ 3© 3 Chief Deputy Richard W Stewart T y " C,j,4SE1tL 'O {?,V1??N? ?t Solicitor QFP "E pFTKE SHERIFF r E 1g 1 Citimortgage, Inc vs. Case Numbe Yovicich 2012-3966 Judy S. SHERIFF'S RETURN OF SERVICE 07/18/2012 08:18 PM -Dennis Fry, Deputy Sheriff, who being duty, sworn according to law, states th on July 18, 2012 at 2018 hogs, he served a true copy of the within Complaint in Mortgage Forecleat re and Notic of Residential Mortgage Foreclosure Diversion Program, upon the within named deknd nt, to wit: Judy . Yovicich, by making known unto herself personally, at 1104 Columbus Avenue, Lemoy , Cumberian County, Pennsyhrania 17043 its contents and at the same time handing to her personally the said true an( correct copy of the same. Deputies were advised, 1190 Lowther Road, Camp Hill, Pennsylvania 1701 is vacant. SHERIFF COST: $59.00 July 23, 2012 SO ANSWERS, R& R ANDI (c) CountySuite Shentt, Teleosoft. Inc. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JUDY L. YOVICICH Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/12/2012 to Date of Sale ($36.83 per diem) TOTAL Note: Please attach description of property. PHS # 235793 ~ ~ag.s~ `~1 ~~ ~'" e ~~ s~.~ ,-,, ~u,3. -15 ~ ~ So "'~ o ~~ ~~ ~~ S ~ a S~ ~ ~~b .a COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-3966-CIVIL CUMBERLAND COUNTY $224,039.99 5 377.18 $229.417.17 r ~~ Phelan Hallman & Schmieg, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff s ~~ ~a.~ ~ s° u. ~~ ia4 ~-o9s ~.~i~ ~ v~ ~~s~~o~ W d C7 O O O~ ~ W 'vi d a H z~ ~ ~ ~ H O ~~. ~ ~ ~ W ~ U C7 ~~ ~~ F .~ o ~ ~~ ~V V N ~ ^d 5~ ~ a~i ~ Q a O U W W ~ O o H y O W o; ~~ v a v i ,~ W N t~- M 7 d x¢o v~~ a. as ~ ? ~ ~, a ~ Q~~ av'i >„ O O ~ ~o W d r" "~ 0 N 4. ~" as 0 ou Z -c ~ r. u a' ~ W w v," ~ ~ O a ~ ~3w 3x~ ~~ ~ ~~~ :0~4 LEGAL DESCRIPTION All that certain piece or pazcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: Beginning at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one (231.00) feet to Norman Road East; thence in a Northerly direction along the >/asterly line of Lot No. 48, one hundred twenty (120.00) feet to Lot No. 5~1, Block'L' on said Planrthence~a 1~Iorrhe~terly c~ire~tQn along the Southerly_lne of Lot No,_ 54, thirteen and_fifty- __ eight one-hundredths (13.58) feet to Lot No. 53, Block'L' on said Plan; thence in a Southerly direction along the Southerly line of Lots Nos. 53 and 52, Block'L' on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block 'L' on said Plan; thence in a southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of beginning. Being Lot No. 49, Block'L' on the Plan of Part of Block'J' and'L', Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. TITLE TO SAID PREMISES IS VESTED IN Judy L. Yovicich, by Deed from Thomas L. Yovicich, executor of the Estate of Nettie M. Yovicich, aka, Nettie S. Yovicich and Judy L. Yovicich, a single person, dated 05/13/2008, recorded 06/06/2008 in Instrument Number 200818960. PREMISES BEING: 1140 LOWTHER ROAD, CAMP HILL, PA 17011-7530 PARCEL 1V0. I3-Z3=0545-073 PHELAN HALLINAN & SCHMIEG, LLP Meredith Wooters, Esq., Id. No.307207 - 1617 JFK Boulevard, Suite 1400 . a :` ~ '!~~ ~,'„ . ; One Penn Center Plaza 7 =; r ; ,~ ~ E Y Philadelphia, PA 19103 ` ' ~ • • ' 4a ~ t~=~'~ ~ w ~' 215-563-7000 3 ~e ; +T`,~ ~~4U~l3.'~; CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JUDY L. YOVICICH Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-3966-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: _ Ph Ian allinan & Schmieg, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP, INC. . Plaintiff , ,; .' ° , ~ t%j', '.; CIVIL DIVISION v. ; i !`. ' ~;~ `3~ •:~' ~~ NO.: 12-3966-CIVIL JUDY L. YOVICICH ' ~ ~~ ''-,'`~i'~lJ COUS~~;` ~~ ~ac?SYL~I~~&dl~'~ Defendant(s) CUMBERLAND COUNTY PHS # 235793 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JUDY L. YOVICICH 1104 COLUMBUS AVENUE LEMOYNE, PA 17043-1720 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) JUDY L. YOVICICH 1104 COLUMBUS AVENUE LEMOYNE, PA 17043-1720 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) 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. R '~ 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 1190 LOWTHER ROAD CAMP HILL, PA 17011-7530 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG, PA 17128 INHERITANCE TAX DIVISION 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 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: l ~~~ By: - Ph lan Hal inan & Schmieg, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff JUDY L. YOVICICH V $. Defendant(s) N0.:12-3966-CIVIL -. x t.. -.~. - - _. __ fi-~:, CUMBERLAND,Ul'~'Y . - ... ,, ~. r,`. ~ ~,~, R ~., .. . t } ~ ~" NOTICE OF SHERIFF'S SALE OF REAL PROPERTY :~ ~ - =~ ~ ~ ~,~ TO: JUDY L. YOVICICH 1104 COLUMBUS AVENUE LEMOYNE, PA 17043-1720 ,~~ ~ : ~: * *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 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 is scheduled to be sold at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $224,039.99 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 Sheriffls 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 piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: Beginning at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundredthirty-one (231.00) feet to Norman Road East; thence in a Northerly direction along the Easterly line of Lot No. 48, one hundred twenty (120.00) feet to Lot No. 54, Block'L' on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty- eight one-hundredths (13.58) feet to Lot No. 53, Block'L' on said Plan; thence in a Southerly direction along the Southerly line of Lots Nos. 53 and 52, Block'L' on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block 'L' on said Plan; thence in a southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of beginning. Being Lot No. 49, Block'L' on the Plan of Part of Block'J' and'L', Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. TITLE TO SAID PREMISES IS VESTED IN Judy L. Yovicich, by Deed from Thomas L. Yovicich, executor of the Estate of Nettie M. Yovicich, aka, Nettie S. Yovicich and Judy L. Yovicich, a single person, dated 05/13/2008, recorded 06/06/2008 in Instrument Number 200818960. PREMISES BEING: 1190 LOWTHER ROAD, CAMP HII~L, PA 17011-7530 PARCEL NO.13-23-0545-073 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-3966-CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. JUDY L. YOVICICH owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 Parcel No. 13-23-0545-073 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $224,039.99 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 B18 (Official Form 18) (12/0'n United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:10-bk-06276-MDF Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Judy L Yovicich 1190 Lowther Road Camp Hill, PA 17011 Social Security /Individual Taxpayer ID No.: xxx-xx-8843 Employer Tax ID /Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: 12/19/11 ~ D France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:10-bk-06276-MDF Doc 44 Filed 12/19/11 Entered 12/19/11 01:00:17 Desc Ch 7 Discharge Page 1 of 2 B18 (Official Form l8) (12/07) -Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a dischazge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been dischazged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are dischazged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharges Some of the common types of debts which aze ~ dischazged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischazgeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:10-bk-06276-MDF Doc 44 Filed 12/19/11 Entered 12/19/11 01:00:17 Desc Ch 7 Discharge Page 2 of 2 Notice Recipients District/Off: 0314-1 User: admin Date Created: 12/19/2011 Case: 1:10-bk-06276-MDF Form ID: B18 Total: 23 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: cr CitiMortgage, INC., TOTAL:1 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Markian R Slobodian (Trustee) PA49@ecfcbis.com aty Joseph P Schalk pamb@fedphe.com aty Michael S Travis Mtravislaw@comcast.net TOTAL:4 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Judy L Yovicich 1190 Lowther Road Camp Hill, PA 17011 cr Recovery Management Systems Corporation 25 SE 2nd Avenue, Suite 1120 Miami, FL 33131-1605 cr AES/PHEAA PO BOX 8147 HARRISBURG, PA 17105 cr ECMC P O Box 75906 St. Paul, MN 55175 3660716 AES/PHEAA P.O. Box 8183 Harrisburg, PA 17105 3680859 AES/PHEAA PO BOX 8147 HARRISBURG PA 17105 3636972 Bank of America PO Box 15019 Wilmington, DE 19886 3636973 Citimortgage c/o Phelan Hallinan Schmieg One Penn Center 1617 JFK Blvd Ste 1400 Philadelphia, PA 19103 3713326 Citimortgage, Inc. Bankruptcy Department Citimortgage, Inc. P.O. Box 9023 Des Moines, IA 50368 3721229 ECMC P. O. Box 75906 St. Paul, MN 55175 3649832 FIA Card Services aka Bank of America c/o Becket and Lee LLP POB 3001 Malvern PA 19355-0701 3650375 GMAC P.O. Box 130424 Roseville, MN 55113 3636974 GMAC Payment Processing Center PO Box 9001951 Louisville, KY 40290 3636975 Great Lakes 2401 International Lane Milwaukee, WI 53704 3668175 Great Lakes Higher Education Corp Attn Claims Filing Unit P O Box 8973 Madison, WI 53708-8973 3636976 Members First FCU 5000 Louise Drive Mechanicsburg, PA 17055 3636977 PHEAA AES Harrisburg, PA 17130 3671326 Recovery Management Systems Corporation 25 S.E. 2nd Avenue, Suite 1120 Miami, FL 33131-1605. TOTAL: 18 Case 1:10-bk-06276-MDF Doc 44-1 Filed 12/19/11 Entered 12/19/11 01:00:17 Desc Ch 7 Discharge: Notice Recipients Page 1 of 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-3966 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From JUDY L. YOVICICH (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: $224,039.99 L.L.: $.50 Interest FROM 10/12/2012 TO DATE OF SALE ($36.83 PER DIEM) - $5,377.18 Atty's Comm: Due Prothy: $2.25 Atty Paid: $210.25 Other Costs: Plaintiff Paid: Date: 11/26/12 ''~ David D. Buell, Prothonotary,~~ (Seal? ~L?~kL ~ C~ .t Deputy REQUESTIPIG PARTY: Name: MEREDITH WOOTERS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 307207 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' ; r..� , vt i 1 Sheriff ctarura, sir �� Jody S Smith '�"`� f Chief Deputy , > 2'13 MMt 7— : Richard W Stewart CUMBERLAND I-,OUN,T';' Solicitor '' ' OF°H`~ PENNSYLVANIA Citimortgage, Inc S. Case Number Judy L Yovicich 2012-3966 SHERIFF'S RETURN OF SERVICE 01/03/2013 02:18 PM-Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1190 Lowther Road, Camp Hill, PA 17011, Cumberland County. 01/07/2013 02:03 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Judy L Yovicich at 1104 Columbus Avenue#1, Lemoyne, PA 17043, Cumberland County. 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/0712013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Francis Hallinan, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,217.69 SO ANSWERS, i 6� April 30, 2013 RoNtrY R ANDERSON, SHERIFF 7,2 '�Gf�° CITIMORTGAGE,INC. S/B/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP;INC. Plaintiff CIVIL DIVISION v. NO.: 12-3966-CIVIL JUDY L.YOVICICH Defendant(s) CUMBERLAND COUNTY PHS #235793 AFFIDAVIT PURSUANT TO RULE-3129.1 CITIMORTGAGE,INC.S/B/M TO ABN AMRO MORTGAGE GROUP,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1190 LOWTHER ROAD,CAMP HILL,PA 17011-7530. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JUDY L.YOVICICH 1104 COLUMBUS AVENUE LEMOYNE,PA 17043-1720 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JUDY L.YOVICICH 1104 COLUMBUS AVENUE LEMOYNE,PA 17043-1720 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. __. 5. Dame and address of every other person who has an record lien on the prooperty: _ 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. 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 1190 LOWTHER ROAD CAMP HILL,PA 17011-7530 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION 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 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (T~ ' Sy. Vwd 4 Ph lan Hal inan&Schmieg,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff CITIMORTGAGrE,INC. S/BIM TO ABN AMRO MORTGAGE : COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff : NO.: 12-3966-CIVIL VS. JUDY L. YOVICICH CUMBERLAND COUNTY Defendant(s) NOTICE-OF SHERIFF'S SALE OF REAL PROPERTY' TO: JUDY L. YOVICICH 1104 COLUMBUS AVENUE LEMOYNE,PA 17043-1720 "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 1190 LOWTHER ROAD,CAMP HILL,PA 17011-7530 is scheduled to be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$224,039.99 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you a to the mortgagee the back--payments, late costs and _ y pay charges, 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 piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania,being more particularly bounded and described as follows,to wit: Beginning at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block'L' on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one(231.00)feet to Norman Road East;thence in a Northerly direction along the Easterly line of Lot No. 48,one hundred twenty(120.00) feet to Lot No. 54, Block'L'on said Plan;thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty- eight one-hundredths (13.58) feet to Lot No. 53,Block'L'on said Plan;thence in a Southerly direction along the Southerly line of Lots Nos. 53 and 52,Block'L'on said Plan,ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51,Block 'L'on said Plan;thence in a southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths(52.45)feet to Lowther Road;thence in a Westerly direction along the Northerly line of Lowther Road,eighty-six and twenty-one one-hundredths(86.21) feet,the place of beginning. Being Lot No. 49,Block'L' on the Plan of Part of Block T and'L',Highland Park,Lower Allen Township, Cumberland County,Pennsylvania,recorded in the Cumberland County Recorder's Office in Plan Book 4,Page 89. TITLE TO SAID PREMISES IS VESTED IN Judy L. Yovicich, by Deed from Thomas L. Yovicich, executor of the Estate of Nettie M. Yovicich, aka,Nettie S. Yovicich and Judy L. Yovicich, a single person, dated 05/13/2008, recorded 06/06/2008 in Instrument Number 200818960. PREMISES BEING: 1190 LOWTHER ROAD,CAMP HILL,PA 17011-7530 PARCEL NO. 13-23-0545-073 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-3966-CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP,INC. VS. JUDY L. YOVICICH owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1190 LOWTHER ROAD, CAMP HILL, PA 17011-7530 Parcel No. 13-23-0545-073 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $224,039.99 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) NO. 12-3966 Civil COUNTY OF CUMBERLAND) 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 JUDY L.YOVICICH (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: $224,039.99 L.L.:$.50 Interest FROM 10/12/2012 TO DATE OF SALE($36.83 PER DIEM)-$5,377.18 Arty's Comm: Due Prothy:$2.25 Atty Paid: $210.25 Other Costs: Plaintiff Paid: Date: 11/26/12 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 �`R1.tF CC}!�Y F'RS?l�i RECORD ►j�,-TEStimony whereof,}here unto set mY hand Supreme Court ID No.307207 Wd the s�,e�al,of said Cou at Carlisl,Pa.,I This �.�day of i o _- rothonotary �. Az On November 30, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1190 Lowther Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2012 By: Real Estate Coordinator 8Z NON ttOt el fs CUMBERLAND LAW JOURNAL Writ No. 2012-3966 Civil Citimortgage,Inc. vs. Judy L.Yovicich Atty.:Francis Hallinan By virtue of a Writ of Execution NO. 12-3966-CIVIL, CITIMORT- GAGE, INC.s/b/m TO ABN AMRO MORTGAGE GROUP,INC.vs.JUDY L.YOVICICH owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County,Penn- sylvania, being 1190 LOWTHER ROAD, CAMP HILL,PA 17011-7530. Parcel No. 13-23-0545-073. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$224,039- .99. � 4 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Z Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 da y of Februga, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PUblic CARLISLE BOROUGH,CUMBLRLAND COUNTY My Commission Expires Apr 28,2014 f The Patribt-News Co. 2020 Technology Pkwy 14c atr1*otwXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, 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 Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by 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: 01/22/13 2d12Li'C 01/28/13 t 02/05/13 By virtue of a Wfit of Execution NO1 y 12.3966 QVIi,' CITIMQIrI AOF s!ltAtiY3 1BNr; Sworn to ands bscribed before me s 1 ay of February, 2013 A.D. AMRO MORT8AGE GROUP INC.: vs. RMY L YOVICICfI '' Lib�j- er(s) OUP roperty simate M' thc''"' jC TOWNSHIT+ tii' I,0V4t ALIEN, ry Cumbedand Co"'i?lenn+a*being 1M 19p ��IR ROAD} CAMIi H�iL.I,�t117b11-753rd I'atoelNd 13• COMMONWEALTH of PENNSYLVANIA (Acreage ozstreei Notarial seal thereon.}R$SIIS�PI7A Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County JUUG AMOtJN1'$234,039.99 MY Commission Expires Dec.12,2016 { "1F"WCR,PENNSYLVANIA ASSOCIATtON OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 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 the same having been sold to said grantee on the 6th day of March A.D., 2013,under and by virtue of a writ Execution issued on the 26th day of November,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3966, at the suit of Citimortgage Inc. against Judy L. Yovicich is duly recorded as Instrument Number 201314828. IN TESTIMONY WHEREOF, I have liereunto set my hand and seal of said office this day of c_ A.D. Jo C3 V Q rumbwiand corder of Deeds i :e;.� County,Carlisle,PA ssiG:rt Expires the First Monday of Jan.2014 C-) CD c rr, CD -t Cdr Phelan Hallinan,LLP Attorney For Plaintiff- 1617 JFK Boulevard,Suite 1400 "CCD :x One Penn Center Plaza .. CD s�e Philadelphia,PA 1.9103 215-563-7000 r . CITIMORTGAGE, INC. S/B/M TO ABN Court of Common Pleas AMRO MORTGAGE GROUP,INC. Plaintiff Civil Division vs CUMBERLAND County JUDY L.YOVICICH No. 12-3966-CIVIL Defendant 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 rein judgment.Satisfied and the action Discontinued and Ended. Please Vacate the Judgment entered. Date: ✓ ? PHEL AN,LLP By: Jo Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHS#235793 4q.50 Fop A-MY �� 13og833 'Folk agog(Dq Phelan Hallinan,LLP Attorney for Plaintiff 1.617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP,INC. Plaintiff Civil.Division. V. CUMBERLAND County JUDY L. YOVICICH No. 12-3966-CIVIL Defendant PHS#235793 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: JUDY L. YOVICICH 1104 COLUMBUS AVE LEMOYNE,PA 1.7043-1.720 Date: �-� ;By:ELA/- AN,LLP ichael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff