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Home My WebLink About12-6053 . _ti. i ~ r l.. !., t ~ -r .~ ~t7" n _P ~ r:E tn. r'~~_~yS~`L~' F>`EA PHELAN HALLINAN & SCHMIEG, LLP Christy Donati, Esq., Id. No.306628 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. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. JODY L. RHODY TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE, PA 17015-8969 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~ps~ v~l NO. ~ a- CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 307757 l.:/ ~}. ~~o3.7~Pd a~f ~,~ ~ a 3a 3y~f 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 #: 307757 Plaintiff is CITIMORTGAGE, INC. S/B/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: JODY L. RHODY TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE, PA 17015-8969 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/22/2006 JODY L. RHODY and TIMOTHY J. RHODY 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 Book 1951, Page 4845.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 05/01/2012 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 #: 307757 6. The following amounts are due on the mortgage as of 08/31 /2012: Principal Balance $192,125.38 Interest $5,488.52 04/01 /2012 through 08/31 /2012 Late Charges $726.05 Escrow Deficit $929.37 TOTAL $199,269.32 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $199,269.32, 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 HALLINAN & SCHMIEG, LLP ~~ ~'-\ 1 By: ~~ ~ , ~UV~G`. ~ Christy Donati, Esquire Attorney for Plaintiff File #: 307757 LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described according to a subdivision for Paul W. Snyder, prepared by Eugene Albert Hockensmith, R.S., dated January 10, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 32, Page 132, as follows to wit: BEGINNING at a P.K. nail in the center line of Alters Road (T-#483), which point is North 86 degrees 59 minutes 49 seconds West 746.18 feet to a P.K. nail at the intersection of the western property line and the center line of Township Road #483; thence along said center line of Alters Road (T-#483), South 85 degrees 24 minutes East 150 feet to a P.K. nail; thence along land now or formerly of Paul W. Snyder of which this was a part, and through an iron pipe set on the line, South 4 degrees 36 minutes West 225 feet to an iron pipe; thence along same, North 85 24 minutes West 150 feet to an iron pin; thence along the same and through an iron pipe set on the line North 4 degrees 36 minutes East 225 feet to a point in the center line of Alters Road (T- #483), the place of BEGINNING. CONTAINING 0.7748 acre. BEING the same premises which Gwen S. Howell and James P. Howell, by Deed dated and recorded even date herewith, granted and conveyed unto Jody L. Bitner and Timothy J. Rhody, Mortgagors herein. PROPERTY ADDRESS: 80 ALTERS ROAD, CARLISLE, PA 17015-8969 PARCEL # 46-07-0473-014A Attorney File No.: 307757 VERIFICATION Pam Weber hereby states that he/she is employed as a Document Control Officer of CITIlVIORTGAGE, INC., the 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. J _.----- L-- Naive: Pam Weber DATE: 9/13/12 Title: Document Control Officer File#: 307757 Name: RHODY PA -Verification 1 FORM I C[TIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff(s) V$. JODY L. RHODY TIMOTHY J. RHODY Defendant(s) c~' r-a IN THE COURT OF COMMON PIt~AS~' r, `t ~ OF CUMBERLAND COUNTY, PENI~JSI~VA'1~IA ~w -~:~: _N~' NOTICE OF RESIDENTIAL 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. [f 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) 2439400 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 preside 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 represenative 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~ave 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 hat 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. Respectfully submitted: Date Christy Donati, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date 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: Cell: Office: Other: State: Zjp: How long? Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $_ Included Taxes & Insurance: Date of Last Payment: 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 #l: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcvclesl: Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross 2. Monthly Gross 3. Monthly Gross Additional Income Description (not wages): l . monthly amount: 2. monthly amount: _ Year: Year: Monthly Net Monthly Net. Monthly Net Borrower Pay Days:_ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex enses 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 l/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature 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 Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 01,N1" Qt Ctt1115rrL14? (cLj - IN CITIMORTGAGE, Inc. vs. Jody Rhody (et aL) Case Number 2012-6053 SHERIFF'S RETURN OF SERVICE 10/08/2012 07:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Timothy Rhody, by making known unto Jody Rhody, Wife of Timothy Rhody at 80 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPHEN ENDER, DEPUTY 10/08/2012 07:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Jody Rhody, by making known unto herself personally, at 80 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $50.00 October 10, 2012 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CrnI etySwte Sheriff, Frleo-t, Inc. Phelan Hallinan,LLP At 666y For Plaintiff 1617 JFK Boulevard,Suite 1400 ! MA IR 2 b- A 11€ 10: 4 Lk One Penn Center Plaza Philadelphia,PA 19103 # }' SQ L`eT) COUNTY e 215-563-7000 VENN YLYA'N1A CITIMORTGAGE, INC. SB/M TO Court of Common Pleas ABN AMRO MORTGAGE GROUP, INC. Civil Division Plaintiff CUMBERLAND County vs No. 12-6053-CIVIL JODY L.RHODY TIMOTHY J.RHODY 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 rem judgment Satisfied and the action Discontinued and Ended. ® Please Vacate the Judgment entered. Date: PHELAN HALLINAN,LLP By: Jon L Id.No.312174 Attorney for Plaintiff PHS # 307757 6 Qw�� sb a Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP,INC. Plaintiff Civil Division V. CUMBERLAND County JODY L. RHODY No. 12-6053-CIVIL TIMOTHY J. RHODY Defendant PHS#307757 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: JODY L. RHODY TIMOTHY J.RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 Date: ec-,2 Ta 7 1l R PHELAN HALLINAN,LLP By: Jonjian Lobb, Esq.,Id.No.312174 Attorney for Plaintiff A St C T 1410 NO TAr; � X11 2: ',3 'ice-'t�+.1{ OS. � Nit, BERLAND COUNT`( PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Civil Division Plaintiff Term V. No. 2012-6053-Civil JODY L. RHODY TIMOTHY J. RHODY Cumberland County 80 ALTERS ROAD CARLISLE, PA 17015-8969 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Citimortgage, Inc., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift,Conciliation Stay and in support thereof avers as follows: 1. On September 27, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due May 1, 2012 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On October 8, 2012, Plaintiff completed service on Defendants of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is 307757 attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: V4 BY: C\fvxA Xos ph V. Schal squire A&orney for Plaintiff 307757 Exhibit A c^ c N 7s^ ? Ci r o 4 PHELAN HALLINAN&SCHNIIEG,LLP Christy Donati,Esq.,Id.No.306628 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. SB/M TO ABN AMRO_ MORTGAGE GROUP, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE OTALLON,MO 63368 CIVIL DMSION Plaintiff TERM NO. JODY L.RHODY TIMOTHY J.RHODY CUMBERLAND COUNTY 80 ALTERS ROAD CARLISLE,PA 17015-8969 Defendants CIVIL.ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE tjy ►., He#: 307757 1 i �1t Coul—Cof Cc 111111 11 Pleas %, r. 1 For Prothonotary Use Only: Cjv,il Covet Sheet -L C1: MI3 RLA—N,1Y i" County Docket No: The information collected on this form is used solely for court administration purposes. This,fof•m does Plot. ,su>element or rc dace the tlin,and service q f vadin rs or other Papers as re aired b,IM41 or rules q f court. S Commencement of Action: Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: CITIMORTGAGE,INC.SB/M Lead Defendant's Name: JODY L.RNODY T TO ABN AMRO MORTGAGE GROUP,INC. I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑within arbitration limits 0 (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes x❑No A Name of Plaintiff/Appellant's Attorney: Christy Donati Est., l.d.No.30662fs .Phelan!•Iallinan cC Schmieg, 1 I P ❑ Cheek here if you have no attorney(are a Self-Represented [.Pro Sej Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.if you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other ❑ Product Liability(does not S include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: 0 ❑Asbestos N ❑ Tobacco ❑Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑ Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑ Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑Partition ❑ Replevin ❑Quiet Title ❑Other: 11 Legal ❑ Other: ❑Medical ❑Other Professional: Pa.R.C.P. 205.5 Undated 01/0112011 FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. S/B/M TO ABN AMRO OF CUMBERLAND COUNTY,PENNSYLVANIA MORTGAGE GROUP, INC. Plaintiff(s) vs. JODY L.RHODY TIMOTHY J.R.HODY Defendant(s) Civil NOTICE OF RESIDENTIAL 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)2439400 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 preside 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 workshect in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with ilic 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 willhave 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 Bat 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 opportuniy 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. Respectfully submitted: Date Christy Donati, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date 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: j CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes F] No 0 Mailing Address(if different): City: State:— Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: lip, Phone Numbers: Horne: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number Total Mortgage Payments Amount: Included Taxes&Insurance:. Date of Last Payment: prirnga Reason for Default: Is the loan in Bankruptcy? Yes❑ No ❑ If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value: Horne: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $� $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value:_ Automobile 92: Model:_ _ Year: Amount owed: Value: Gdiert:ransi)o.rtation (automobiles, boats; motorcycles): Model: Year: Amount owed: Value Monthly.Income Name of Employers: 1. Monthly Gross Monthly Net 2. Manfih,ly Gross Monthly Net 3.. Month ly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. m nih,ly 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 Payment(s)) .-Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. S endin Money Day '_hild Care/Tuit. Other Ex enses 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 com parry: Lender's Contact(Name); Phone: Servicing Company(Name):: Contact: Phone: AUTHORIZATION IIWe, , authorize the above named t:(7 use/1efea this information to my lender/serv,icer for the sole purpose of evaluating my financial siluation for possible mo.rt.g(jge options, :I./We understand that I/we am/are under no obligation to use the eaunseling.services pi ovided by(lie above named Borrower Signature Date Co-Borrower Signature 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 Ietter) 6, Listing agreement(if property is currently on the market) 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.HIR.E 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#: 307757 I.. Plaintiff is CITIMORTGAGE, INC. S/B/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: JODY L. RHODY TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE,.PA 17015-8969 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/22/2006 JODY L. RHODY and TIMOTHY J. RHODY 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 Book 1951, Page 4845.The mortgage and assignment(s), if any, are,natters 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 05/01/2012 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#: 307757 6. The following amounts are due on the mortgage as of 08/31/2012, Principal Balance $192,125.38 Interest $5,488.52 04/01/2012 through 08/31/2012 Late Charges $726.05 Escrow Deficit $929.37 TOTAL $199,269.32 7. 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. 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 $199,269.32, 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 HALLINAN& SCHMIEG,.LLP Byi � Christy Donati, -,8qo rb Attorney for Plaintiff File#: 307757 LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situate in West Pennsboro Township,'Cumberland County, Pennsylvania, bounded and described according to a subdivision for Paul W. Snyder, prepared by Eugene Albert Hockensmith, R.S:, dated January 10, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 32, Page 132, as follows to wit: BEGINNING at a P.K. nail in the center line of Alters Road (T-#483), which point is North 86 degrees 59 minutes 49 seconds West 746.18 feet to a P.K. nail at the intersection of the western property line and the center line of Township Road#483; thence along said center line of Alters Road (T-#483), South 85 degrees 24 minutes East 150 feet to a P.K. nail; thence along land now or formerly of Paul W. Snyder of which this was a part, and through an iron pipe set on the line, South 4 degrees 36 minutes West 225 feet to an iron pipe; thence along same, North 85 24 minutes West 150 feet to an iron pin; thence along the same and through an iron pipe set on the line North.4 degrees 36 minutes East 225 feet to a point in the center line of Alters Road (T- #483), the place of BEGINNING. CONTAINING 0.7748 acre. BEING the same premises which Gwen S. Howell and Jaynes P. Howell,by Deed dated and recorded even date herewith, granted and conveyed unto Jody L. Bitner and Timothy J. Rhody, Mortgagors herein. PROPERTY ADDRESS: 80 ALTERS ROAD, CARLISLE, PA 17015-8969 PARCEL #46-07-0473-014A Attorney File No.: 307757 VERIFICATION _ Pam Wcher , hereby states that he/she is employed as a Document Control Officer of CITI'IMORTGAGE, INC., the 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. K N � Pam Weber DATE, 9/13/1,2_ Title: Document Control Officer Filek 307757 Name: RHODY pq_Verification 1 Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriti' bo¢414 et cumbetu Jody S Smith Chief Deputy Richard W Stewart Solicitor COME OF"d PMRtFO CITIMORTGAGE, Inc. Case Number vs. Jody Rhody(et al.) 2012-6053 SHERIFF'S RETURN OF SERVICE 10/08/2012 07:00 PM-Stephen Bender, Deputy Sheriff,who being duly sworn according to law, states that on October 8,2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to wit:Timothy Rhody, by making known unto Jody Rhody,Wife of Timothy Rhody at 80 Afters Road, Carlisle,Cumberland County,Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPHEN AENDER,DEPUTY 10/08/2012 07:00 PM-Stephen Bender, Deputy Sheriff,who being duly sworn according to law, states that on October 8,2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to wit:Jody Rhody, by making known unto herself personally,at 80 Afters Road, Carlisle, Cumberland County,Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. T STEPHEN BENDER, DEPUTY SHERIFF COST: $50.00 SO ANSWERS, S• October 10,2012 RON R ANDERSON, SHERIFF (c)Co nty$Wte StWff•TeleosM Inc 1 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE Civil Division O-FALLON, MO 63368 Term Plaintiff V. No. 2012-6053-Civil JODY L. RHODY Cumberland County TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE, PA 17015-8969 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JODY L. RHODY TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 Date: Cq I Zq 1 By: JAtorey. ch k, squire for Plaintiff 307757 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 Civil Division Plaintiff Term V. No. 2012-6053-Civil JODY L. RHODY TIMOTHY J. RHODY Cumberland County 80 ALTERS ROAD CARLISLE,PA 17015-8969 Defendants ORDER AND NOW,this :Z day of 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. (26 b2 944 2 M <3> 60 4.1a C= r"I 307757 CC: Jody L. Rhody and Timothy J. Rhody Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLiNAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 JODY L. RHODY TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 307757 FILED-OFFICE OF THE PRQTHOINOTAR , -PHELAN HALLINAN, LLP Attorney for Plaintiff _Jonathan Lobb,Esq., Id. No.312174 2013 AUG 14 AM 10: 3 la 1617 JFK Boulevard, Suite 1400 CUuf3ERLAdD COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIIVIORTGAGE,INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP,INC. COURT OF COMMON PLEAS, VS. CIVIL DIVISION JODY L. RHODY TIMOTHY J. RHODY No. 12-6053-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 JODY L. RHODY and TIMOTHY J. RHODY, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $199,269.32 TOTAL $199,269.32 I hereby certify that(1) the Defendants' last known address is 80 ALTERS ROAD, CARLISLE, PA 17015-8969, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date J athan.Lobb,Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. --=.i. DATE: / PH#801519 PROTHONOTARY awA 801519 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.31.21.74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP,INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION JODY L. RHODY TIMOTHY J. RHODY No. 12-6053-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 defendants 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 JODY L. RHODY is over 18 years of age and resides at 80 ALTERS ROAD, CARLISLE, PA 17015-8969. (c) that defendant TIMOTHY J. RHODY is over 18 years of age and resides at 80 ALTERS ROAD, CARLISLE, PA 17015-8969. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date k 2A�� Plulan Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.61.7 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 1.9103 21.5-563-7000 801519 - Department of Defense Manpower Data Center Results as of:Aug-13-2013 01:21:54 SCRA 3.0 Status�`.epott Pursuant to Set"Vicomembors Civil Relief Att Last Name: RHODY First Name: JODY Middle Name: L. Active Duty Status As Of: Aug-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA - = No NA This response refleols the individual'active duty status based on'lhe'Active Duty Status Date S" Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date .Status Service Component NA NA NA This response reflects wy here the individual left active duty status within 367 days preceding the Active Duty Status Date Y The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA ,. .,.No wT.: NA This response reflects whether the individuat or histheIr unit has received batty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ol lot • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-13.2013 01:23:17 SCRA 3.0 Status.keport IF ° usunt aic ervcrnzliczsIic 'A Last Name: RHODY First Name: TIMOTHY Middle Name: J. Active Duty Status.As Of: Aug-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No - NA This response retfecisthe i+idividu'als'active duty status based on the Active Outy:Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ','I,NA -*NO NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA -NA. No '" NA This response reflects whether the idtlividuai or-his/her unit has received'earty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center;based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS 1S THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Aakt *rot_ r ar Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 CITIMORTGAGE,INC. SB/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP,INC. CIVIL DIVISION Plaintiff V. J ODY L.RHODY NO. 12-6053-CIVIL TIMOTHY J.RHODY CUMBERLAND COUNTY Defendant(s) TO: JODY L.RHODY 80 ALTERS ROAD CARLISLE,PA 17915-8969 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PU]ZPOSE: I] YOU I]AVE >,,REV.IOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRI .SPONDENCr IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A717EMPT TO COLLr-C,, ' A DEBT, BUT.ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'T'TEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS.SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary. CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#801519 7 CITIMORTGAGE,INC.S/B/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP,INC. CIVIL DIVISION Plaintiff V. NO. 12-6053-CIVIL JODY L.RHODY TIMOTHY J.RHODY CUMBERLAND COUNTY Defendant(s) TO: TIMOTHY J.RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 DATE OF NOTICE:. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY,AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR.OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:.— J ` hthan Lobb,Esq.,Id.N6312174 Attorney for Plaintiff Phelan Hallinan,LLP 1.617 JFK Boulevard,Suite 1,400 One Penn Center Plaza Philadelphia,PA 19103 PH 4 801519 (Rule of Civil Procedure No. 236) -Revised CITIMORTGAGE,INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP,INC. COURT OF COMMON PLEAS VS. . JODY L. RHODY CIVIL DIVISION TIMOTHY J. RHODY No. 12-6053-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on � ft � t . If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 801519 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. NO.: 12-6053-CIVIL JODY L.RHODY TIMOTHY J.RHODY CUMBERLAND COUNTY Defendant(s) To the Prothonotary: cti c Issue writ of execution in the above matter: rnw to Amount Due $199,269.32 -0 -<� Interest from 08/15/2013 to Date of Sale $3,669.12 C=: r ($32.76 per diem) x� --a r TOTAL $202,938.44 P Hallinan,LLP hn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff Note: Please attach description of property. PH#801519 So.oo 9�F Ito . sc> r ��as S ISS r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. SB/M TO ABN AMRO MORTGAGE GROUP,INC: Plaintiff V. s: JODY L.RHODY TIMOTHY J. RHODY Defendant(s) PRAE_ CIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) ` Filed: Address where papers may be served: JODY L.RHODY Phelan Ofirgin,LLP 80 ALTERS ROAD John ael Kolesnik,Esq.,Id.No.308877 CARLISLE,PA 17015-8969 Att ey for Plaintiff TIMOTHY J.RHODY 80 ALTERS ROAD . ` -8969 CARLISLE,PA 17015 LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described according to a subdivision for Paul W. Snyder,prepared by Eugene Albert Hockensmith,R.S., dated January 10, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 32,Page 132, as follows to wit: BEGINNING at a P.K.nail in the center line of Alters Road(T-#483),which point is North 86 degrees 59 minutes 49 seconds West 746.18 feet to a P.K.nail at the intersection of the western property line and the center line of Township Road#483;thence along said center line of Alters Road(T-#483), South 85 degrees 24 minutes East 150 feet to a P.K.nail;thence along land now or formerly of Paul W. Snyder of which this was a part, and through an iron pipe set on the line,South 4 degrees 36 minutes West 225 feet to an iron pipe;thence along same,North 85 24 minutes West 150 feet to an iron pin; thence along the same and through an iron pipe set on the line North.4 degrees 36 minutes East 225 feet to a point in the center line of Alters Road(T-#483),the place of BEGINNING. CONTAINING 0.7748 acre. TITLE TO SAID PREMISES IS VESTED IN Jody L. Bitner, single and Timothy J. Rhody, single, as tenants in common, by Deed from Jody L. Bitner, single and Timothy J. Rhody, single, dated 08/01/2007, recorded 08/01/2007 in Instrument Number 200730175. PREMISES BEING: 80 ALTERS ROAD, CARLISLE,PA 17015-8969 PARCEL NO. 46-07-0473-014A PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.3088f?+'LED-OFFICE Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 OF THE PROTHONOTARY One Penn Center Plaza Philadelphia, PA 19103 2013 SEP '-3 AH 10. 32 John.Kolesnik @phelanhallinan.com CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-6053-CIVIL JODY L. RHODY ' TIMOTHY J. RHODY Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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.A. § 4904 relating to unsworn falsification to authorities. By: Ph rMichaeel LP J snik,Esq.,Id.No.308877 Attoff CITIMORTGAGE, INC. S/B/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP, INC. Plaintiff CIVIL DIVISION V. NO.:,12-6053-CIVIL JODY L.RHODY TIMOTHY J. RHODY CUMBERLAND COUNTY Defendant(s) 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 80 ALTERS ROAD,CARLISLE,PA 17015-8969. I Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JODY L.RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 rn CD <4 -'--j .4-M rn M-1 TIMOTHY J.RHODY 80 ALTERS ROAD C/)r- -<):> � ;:02 CARLISLE,PA 17015-8969 CcD -b C-1 X27 (Z) 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JODY L.RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 TIMOTHY J.RHODY 80 ALTERS ROAD CARLISLE,PA 17015-8969 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) KRISTI RAUGH 20 EAST COOVER STREET,APARTMENT A MECHANICSBURG,PA 17055 PH# 801519 KRISTI RAUGH C/O JOHN M.KERR, 5020 RITTER ROAD ESQUIRE SUITE 104 , 0 MECHANICSBURG,PA 17055 DISCOVER BANK 12 READS WAY NEW CASTLE,DE 19720 DISCOVER BANK 6500 NEW ALBANY ROAD i NEW ALBANY,OH 43054 DISCOVER BANK C/O WELTMAN 436 SEVENTH AVENUE WEINBERG ET AL ATTN:JAMES C. SUITE 1400 WARMBRODT,ESQUIRE PITTSBURGH,PA 15219-1827 GE CAPITAL RETAIL BANK 950 FORRER BOULEVARD KETTERING,OH 45420 GE CAPITAL RETAIL BANK C/O 213 EAST MAIN STREET PATENAUDE&FELIX APC ATTN: GREGG CARNEGIE,PA 15106 L.MORRIS,ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COUNTRYWIDE BANK,NA 4500 PARK GRANADA CALABASAS,CA 91302 COUNTRYWIDE BANK,NA C/O STEWART 9700 BISSONNET,SUITE 1500 LENDER SERVICES ATTN:JUDY MAIL STOP SSR-317 MATTINGLY HOUSTON,TX 77036 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. PH# 801519 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: dame Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 80 ALTERS ROAD CARLISLE,PA 17015-8969 M&T BANK,AS GARNISHEE 1 WEST HIGH STREET CARLISLE,PA 17013 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: 0 �/ By:. e an Hallinan,LLP John Michael Kolesnik,Esq.,Id.No308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH #801519 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff NO.: 12-6053-CIVIL VS. JODY L. RHODY CUMBERLAND�OTT ', TIMOTHY J. RHODY M Defendant(s) � cn r 7-1 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY _ o r; TO: JODY L. RHODY w TIMOTHY J. RHODY 80 ALTERS ROAD CARLISLE, PA 17015-8969 "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 80 ALTERS ROAD,CARLISLE, PA 17015-8969 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of$199,269.32 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. .2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania,bounded and described according to a subdivision for Paul W. Snyder,prepared by Eugene Albert Hockensmith, R.S., dated January 10, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 32,Page 132, as follows to wit: BEGINNING at a P.K. nail in the center line of Alters Road(T-#483), which point is North 86 degrees 59 minutes 49 seconds West 746.18 feet to a P.K. nail at the intersection of the western property line and the center line of Township Road#483;thence along said center line of Alters Road(T-#483), South 85 degrees 24 minutes East 150 feet to a P.K. nail; thence along land now or formerly of Paul W. Snyder of which this was a part, and through an iron pipe set on the line, South 4 degrees 36 minutes West 225 feet to an iron pipe;thence along same,North 85 24 minutes West 150 feet to an iron pin;thence along the same and through an iron pipe set on the line North 4 degrees 36 minutes East 225 feet to a point in the center line of Alters Road(T-#483),the place of BEGINNING. CONTAINING 0.7748 acre. TITLE TO SAID PREMISES IS VESTED IN Jody L. Bitner, single and Timothy J. Rhody, single, as tenants in common, by Deed from Jody L. Bitner, single and Timothy J. Rhody, single, dated 08/01/2007, recorded 08/01/2007 in Instrument Number 200730175. PREMISES BEING: 80 ALTERS ROAD,CARLISLE,PA 17015-8969 PARCEL NO. 46-07-0473-014A SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-6053-CIVIL CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. V. JODY L. RHODY TIMOTHY J. RHODY owner(s) of property situate in the TOWNSHIP OF WEST PENNSBORO, CUMBERLAND County, Pennsylvania, being 80 ALTERS ROAD, CARLISLE,PA 17015-8969 Parcel No. 46-07-0473-014A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $199,269.32 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6053 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 JODY L.RHODY,TIMOTHY J.RHODY (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: $1.99,269.32 L.L.: $.50 Interest FROM 8/15/2013 TO DATE OF SALE($32.76 PER DIEM)-$3,669.12 Atty's Comm: Due Prothy: $2.25 Atty Paid:$224.75 Other Costs: Plaintiff Paid: Date: SEPTEMBER 3,2013 David D.Buell,Prothonot (Seal) B Deputy REQUESTING PARTY: Name:JOHN MICHAEL KOLESNIK,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone:215-563-7000 Supreme Court ID No. 308877 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson —LJ Sheri } Y ff 43f Jody S Smith `4 ^ Chief Deputy ` r =w L Richard W Stewart a� ``°� r a OFFICE OF Sa',E SHERIFF *�'�1�11'�F(tL f"�I(�.J i..,4„�+.?IV Solicitor I;L_�'i I S Y LVA I A CITIMORTGAGE, Inc. Case Number vs. Jody Rhody(et al.) 2012-6053 SHERIFF'S RETURN OF SERVICE 09/20/2013 03:28 PM-Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 80 Alters Road, West Pennsboro-Township, Carlisle, PA 17015, Cumberland County. 10/02/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Jody Rhody, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 80 Alters Road, Carlisle, PA 17015, defendant does not reside at this address, left forwarding at the Post Office of, 762 Grahams Woods Road,Apt B, Newville, PA 17241. 10/02/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Jody Rhody, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 80 Alters Road, Carlisle, PA 17015, defendant does not reside at this address, left forwarding at the Post Office of, 762 Grahams Woods Road, Apt B, Newville, PA 17241. 10/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. 10/07/2013 04:53 PM-Deputy Dawn Kell, 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 Patrick Rhody, stepson age 19., who accepted as"Adult Person in Charge"for Jody Rhody at 762 Grahams Woods Road Apt B, Upper Frankford Township, Newville, PA 17241, Cumberland County. 10/07/2013 04:53 PM-Deputy Dawn Kell, 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 Patrick Rhody, son age 19. 10-7-2013 DLK, who accepted as"Adult Person in Charge"for Timothy Rhody at 762 Grahams Woods Road Apt B, Newville, PA 17241, Cumberland County. SHERIFF COST: $3,790.13 SO ANSWERS, December 20, 2013 RONNY R ANDERSON, SHERIFF lkl ic)Coun ySuite SP:oriN,Toleo-oft.Inc, On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 80 Alters Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 U- o LL o oc W ti-�- Q By: tT- r_x, -.3 O W l� LLJ t Cn CD Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2012-6053 Civil Term CITIMORTGAGE,INC. VS. JODY RHODY, Timothy Rhody Atty.:Joseph Schalk By virtue of a Writ of Execution No.12-6053-CIVIL,CITIMORTGAGE, INC. s/b/m TO ABN AMRO MORT- GAGE GROUP,INC.v.JODY L.RHO- DY,TIMOTHY J.RHODY owner(s)of property situate in the TOWNSHIP OF WEST PENNSBORO, CUMBER- LAND County, Pennsylvania, being 80 ALTERS ROAD, CARLISLE, PA 17015-8969. Parcel No.46-07-0473-014A. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$199,269.32. 97 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal,a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 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. r LPsa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 25 day of October,2013 d Notary NOTAMAL SEAL DEBOR'''H A COLLINS Notary Public CARLISLE BOROUGH,CUISISEPLANR COUNTY my Comnssio t EXPiros ALPr 28,2014 The Patriot-News Co. 2020 Technology Pkwy 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 the Assistant Controller 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: 10/13/13 - 2012-OM Mill 7ilrm OT10MIRT"GE,nro. 10/20/13 vs. . .roDtcAt+ODY 10127/13 Thn"W 110"y , t 1*0 at a wtk,at Euartan. No. 12.6004CW . . . . . . . . . . . . . . Crra#0WGAM INC S/RW TO AM AwfJ rc%wE GR0UP,iNc r Sworn Land ubs ribed before me this 11 day of November, 2013 A.D. JODY L.RHODY TAIOTHY J.RHODY- of . situate 'in the TUWNSM OF WEST PENNUORO, NO II CUMBERI.ANb Canty Penn*mua being 80AL1ERS ROAD,CARLISLE,PA 17015- 8969 CO1'4MON'rvFENT; OF PENNSYLVANIA FWWNo 46V-0473414A (AcreageoroMaccess) dmpmMements- thaem RESIDENTIAL H011;z Lynn W,?- I,,`glary Public DWELLING= Washkngbr,7,^vp.,EDauphin County Judgment Amount:$199,26932 My Commission Expires Dec.12,2016 MEMQEP.,PENNSYLVANIA ASSOCIATION OF NOTARIES