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HomeMy WebLinkAbout14-5249 Supreme Con, o Pennsylvania Cour , f Comm=� :Pleas For Prothonotary Use Only: et County n �' Docket No: - say The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filim,and service of,21eadingv or other a ers as required bylaw or rules o court. S Commencement of Action: Complaint ❑ Writ of Summons ❑Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: GREEN TREE SERVICING LLC Lead Defendant's Name: TIFFANY A. ARNEIL T I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits Check one 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: John D_ Krohn,Esq-, Td_Nn.312244,Phelan Hallinan, I.T. P ❑ Check 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: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ID Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑Partition ❑ Replevin El Legal ❑ Quiet Title ElOther: 11 Other: El Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 n 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#: 927824 P ,9 f iC1rJ UA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id.No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC 345 ST. PETER ST., 1100 LANDMARK TOWERS COURT OF COMMON PLEAS ST. PAUL, MN 55102 CIVIL DIVISION Plaintiff V. TERM j TIFFANY A. ARNEIL NO. sa NSI v it 235 CAMEO DRIVE FAYETTEVILLE, PA 17222-1091 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECI.OSIJRF, o jl" a File#1: 927824 C" D 14 '2 1 A P/cl 1. Plaintiff is GREEN TREE SERVICING LLC 345 ST. PETER ST., 1100 LANDMARK TOWERS ST. PAUL, MN 55102 2. The name(s) and last known address(es) of the Defendant(s) are: TIFFANY A. ARNEIL 235 CAMEO DRIVE FAYETTEVILLE, PA 17222-1091 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2006 TIFFANY A. ARNEIL made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1958, Page 1699. By Assignment of Mortgage recorded 09/13/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201330436.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 07/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File#: 927824 by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/25/2014: Principal Balance $72,358.47 Interest $14,811.51 06/01/2011 through 07/25/2014 Late Charges $514.92 Property Inspections $255.00 Property Preservation $4,759.25 Escrow Deficit $12.463.84 Subtotal $105,162.89 Suspense Credit $197.56 TOTAL $104,965.43 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendants) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) hasihave 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,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 927824 9. Notice of the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. 10. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $104,965.43, 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, LLP By: Kenya Wates, Esq., Id. No.203664 Attorney for Plaintiff File#: 927824 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in Mount Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a hub along the southern side of Center Street, said hub being Two Hundred Thirty (230) feet from the southeast corner of a Twenty (20) foot alley; thence along Center Street;North 44 degrees 15 minutes East, Sixty (60) feet (erroneously set forth in prior deed as Fifty (50) feet)to an iron pipe at Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along the latter, South 45 degrees 45 minutes East, Two Hundred Thirty (230) feet, more or less, to a hub at line of Hempt Bros., Inc.; thence along the latter, South 44 degrees 15 minutes West, Sixty (60) feet to a hub at Lot No. 17 on said Plan; thence along the latter,North 45 degrees 45 minutes West, Two Hundred Thirty (230) feet, more or less, to Center Street, the place of beginning. ACCORDING to a survey of Garret J. Betz, Registered Surveyor, dated October 28, 1970. BEING Lot No. 18 of the Philip A. Warner Plan of Lots as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 4, Page 23. BEING Tax Identification No.: 23-32-2338-009. PROPERTY ADDRESS: 22 CENTER STREET, MOUNT HOLLY SPRINGS, PA 17065- 1724 PARCEL #23-32-2338-009. File#: 927824 VERIFICATION Marne Ahshir , hereby states that she is a Foreclosure Specialist of GREEN TREE SERVICING LLC, Plaintiff in this matter, that she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: l�-�1 ILI Name: Marne Abshire Title: Foreclosure Specialist GREEN TREE SERVICING LLC File#: 927824 Name: ARNEIL File 4: 927824 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND CO TY e..F—FicE OF THE PROTHONOTARY �nuibrr,, o 20illOCT 13 AM IT 05 CUMBERLAND COUNTY PENNSYLVANIA OFFICE C' F THE �kERIFP Green Tree Servicing LLC vs. Tiffany A Arneil Case Number 2014-5249 SHERIFF'S RETURN OF SERVICE 09/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Tiffany A Arneil, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 09/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Tiffany A Arneil, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 22 Center Street, Mount Holly Springs Borough, Mt. Holly Springs, PA 17065. Residence is vacant. 09/30/2014 01:58 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Tiffany A Arneil, personally, at 235 Cameo Drive, Fayetteville, PA 17222. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $42.00 SO ANSWERS, October 07, 2014 RON R ANDERSON, SHERIFF (c) Coun!ySui�e Sherif`, Teieosc`t, L7c. EXP: 10/09/2014 235 CAMEO DRIVE, FAYETTEVILLE, PA 17222 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ati+, of Corh6eri14.b OFFICE OF THE SHERIFF Richard W Stewart Solicitor Green Tree Servicing LLC vs. Tiffany A Arneil Case Number 2014-5249 SERVICE COVER SHEET [Service Details: Category: Manner: Notes: Civil Action - Complaint in Mortgage Foreclosure Deputize Expires: 10/09/2014 Zone: Warrant: [Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Tiffany A Arneil 235 Cameo Drive Fayetteville, PA 17222 DOB: [Final Service: Served: ersonall Adult In Charge Posted • Other Adult In Charge: Relation: Date: Deputy: Hy Time: Mileage: 17574-1 [Attorney / Originator: Name: Phelan Hallinan Phone: 215-563-7000 [Service Attempts: Date: v Time: N 44 Mileage: N Deputy: ARNEIL, TIFFANY A [Notes / Special Instructions: 5 SEP 112014 FRANKLIN COUNTY SHERIFF'S 9FFICE Now, September 10, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Franklin County tc execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 lal CnuntyS Lite Sheriff Teleosoft. Inc. x -r Ronny R Anderson, Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2014-00325 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN GREEN TREE SERVICING LLC VS TIFFANY ARNEIL BRIAN J CRAMER , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon ARNEIL TIFFANY the DEFENDANT , at 1358:00 Hour, on the 30th day of September, 2014 at 235 CAMEO DRIVE FAYETTEVILLE, PA 17222 by handing to TIFFANY ARNEIL a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 Service .00 BRIAN J CRAMER Affidavit .00 Surcharge .00 By .00 Deputy eriff .00 10/02/2014 PHELAN HALLINAN LLP Sworn and Subscribed to before me this 02L-L,A—, day of 41A/ c,10/Z- A.D. )r)/1)/C-3C5, Notary CO ONWEALTH OF PENNSYLVANIA NOTARI L SEAL. RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 --LCF FM-OFF/C.1-7 DIE PRO TI-IONOTA R Y PHELAN HALLINAN, LLP 7 API 10: 07 RLAttorney for Plaintiff Paul Cressman, Esq., Id. No.318079 CUNi3EAND COUNTY 1617 In( Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan .Com 215-563-7000 GREEN TREE SERVICING LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS TIFFANY A. ARNEIL : CIVIL DIVISION : No. 14-5249 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 TIFFANY A. ARNEIL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $104,965.43 TOTAL $104,965.43 I hereby certify that (1) the Defendant's last known addresses are 235 CAMEO DRIVE, FAYETTEVILLE, PA 17222-1091 and 22 CENTER ST OLLY SPRINGS, PA 17065-1724, and (2) that notice has been given i corsance wit u e 237.1. Date Attorne DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: di.7/1Y PH # 927824 an, Esq., Id. No.318079 laintiff PROTHONOTARY OtiI 927824 /Lf)brT A 1,t1,:„ ';/3/11),! PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman @phelanhallinan.corn 215-563-7000 Attorney for Plaintiff GREEN TREE SERVICING LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION TIFFANY A. ARNEIL : No. 14-5249 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) TIFFANY A. ARNEIL is 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, as amended. (b) that defendant TIFFANY A. ARNEIL is over 18 years of age and resides at 235 CAMEO DRIVE, FAYE11EVILLE, PA 17222-1091 and 22 CENTER STREET, MOUNT HOLLY SPRINGS, PA 17065-1724. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ii1(014 Iinafi, LLP Pau an, Esq., Id. No.318079 Atto e or Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 927824 Department of Defense Manpower Data Center Status Report Pursuant to Servicemenrnbe s Civil. it' Act Last Name: ARNEIL First Name: TIFFANY Middle Name: A Active Duty Status As Of: Nov -06-2014 Results as of : Nov -06-2014 12:09:32 AM SCRA 3.0 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 reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA : NA No NA This response reflects where the individual left active duty s atus within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty 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 indiv'iduai or higher unit has received early 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, NOAA, 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised GREEN TREE SERVICING LLC vs. TIFFANY A. ARNEIL : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-5249 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on II 1-1 1)4 , If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Paul Cressman, Esq., Id. No.318079 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 927824 GREEN TREE SERVICING LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. TIFFANY A. ARNEIL NO. 14-5249 CIVIL Defendant(s) TO: TIFFANY A. ARNEIL 235 CAMEO DRIVE FAY17:.TTEVILLE, PA 17222-1091 DATE OF NOTICE: CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A 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 OH -ICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 927824 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 J admit) Lobb, Esq., Id. No.312174 tiorne,:y for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 GREEN TREE SERVICING LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. TIFFANY A. ARNEIL NO. 14-5249 CIVIL Defendant(s) CUMBERLAND COUNTY TO: TIFFANY A. ARNEIL 22 CENTER STREET MOUNT HOLLY SPRINGS, PA 17065-1724 DATE OF NOTICE: / 0/244 THIS FIRM 1S 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH It 927824 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Jon +.,s:nLobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Green Tree Servicing LLC Plaintiff v. Tiffany A. Arneil Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/08/2014 to Date of Sale ($17.25 per diem) TOTAL COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 14-5249 CIVIL CUMBERLAND COUNTY $104,965.43 $2,018.25 $106,983.68 Note: Please attach description of property. PH # 927824 CUAA)- 67 bos 4 -e_)a .1S-0 allinan, LLP sman, Esq., Id. No.318079 for Plaintiff �a NA a(PF•e/3(1,1)Q 0/46. LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in Mount Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a hub along the southern side of Center Street, said hub being Two Hundred Thirty (230) feet from the southeast corner of a Twenty (20) foot alley; thence along Center Street, North 44 degrees l5 minutes East, Sixty (60) feet (erroneously set forth in prior deed as Fifty (50) feet) to an iron pipe at Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along the latter, South 45 degrees 45 minutes East, Two Hundred Thirty (230) feet, more or less, to a hub at line of Hempt Bros., Inc.; thence along the latter, South 44 degrees 15 minutes West, Sixty (60) feet to a hub at Lot No. 17 on said Plan; thence along the latter, North 45 degrees 45 minutes West, Two Hundred Thirty (230) feet, more or less, to Center Street, the place of beginning. ACCORDING to a survey of Garret J. Betz, Registered Surveyor, dated October 28, 1970. BEING Lot No. 18 of the Philip A. Warner Plan of Lots as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 4, Page 23. TITLE TO SAID PREMISES VESTED IN Tiffany A. Arneil, a single woman, by Deed from Timothy E. Swartz and Deborah I. Swartz, h/w, dated 06/10/2005, recorded 06/15/2005 in Book 269, Page 1917. PREMISES BEING: 22 Center Street, Mount Holly Springs, PA 17065-1724 PARCEL NO. 23-32-2338-009 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza • Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Green Tree Servicing LLC Plaintiff V. Tiffany A. Arneil Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14-5249 CIVIL . CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1.197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. nan, LLP P.. Cress an, Esq., Id. No.318079 Attor Plaintiff OF THE PROT°iONOT,AR" Green Tree Servicing LLC COURT OF COMMON PLEAS Plaintiff 2:,14 PM, 20 LH 40: 37 v CUN3EE L,A?•U) COU;,1TY `9 + PES' SYLVAN1A NO.: 14-5249 CIVIL -Tiffany A. Arneil Defendant(s) CIVIL DIVISION CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 31.29.1. Green Tree Servicing LLC, 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 22 Center Street, Mount Holly Springs, PA 17065-1724. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Tiffany A. Arneil 235 Cameo Drive, Fayetteville, PA 17222-1091 2. Name and address of Defendant(s) in the judgment: Name Tiffany A. Arneil Address (if address cannot be reasonably ascertained, please so indicate) 235 Cameo Drive Fayetteville, PA 17222-1091 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) America's Wholesale Lender 4500 Park Granada Msn #Svb-314 Calabasas, CA 91302-1.613 America's Wholesale Lender C/0 Countrywide Home Loans, Inc. America's Wholesale Lender C/O Tracy Maxwell MS Sv-79 Document Processing PO Box 10423 Van Nuys, CA 91410-0423 730 Holiday Drive Floor 4 Building 8 Pittsburgh, PA 15220 MERS as A Nominee for America's Wholesale PO Box 2026 Lender MERS, Inc. Flint, MI 48501-2026 1901 E. Voorhees Street Suite C Danville, IL 61834 5. Name and address of every other person who has any record lien on the property: PH # 927824 6. Name None. Address (if address cannot be reasonably ascertained, please indicate) 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 MERS as A Nominee for Nationstar Mortgage LLC Nationstar Mortgage LLC Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 22 Center Street Mount Holly Springs, PA 17065-1724 PO Box 2026 Flint, MI 48501-2026 350 Highland Drive Lewisville, TX 75067 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to Date: PH # 927824 gift( Phe Paul Cres 'pan. Esa.. d. No.318079 Attorney for P PHELAN HALLI N, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 FILED-OF�= ICL OF THE F OTHOHOTARY Green Tree Servicing LLC rl if N O 20 f.,;1 _ _ _ COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Tiffany A. Arneil CUi' E E L„ND COUNTY PENNSYLVANIA vs: : NO.: 14-5249 CIVIL Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tiffany A. Arneil 235 Cameo Drive Fayetteville, PA 17222-1091 *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 22 Center Street, Mount Holly Springs, PA 17065-1724 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $104,965.43 obtained by Green Tree Servicing LLC (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 Sheriffs 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14-5249 CIVIL Green Tree Servicing LLC v. Tiffany A. Arneil owner(s) of property situate in the MT HOLLY SPRINGS BOROUGH, CUMBERLAND County, Pennsylvania, being 22 Center Street, Mount Holly Springs, PA 17065-1724 Parcel No. 23-32-2338-009 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $104,965.43 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in Mount Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a hub along the southern side of Center Street, said hub being Two Hundred Thirty (230) feet from the southeast corner of a Twenty (20) foot alley; thence along Center Street, North 44 degrees 15 minutes East, Sixty (60) feet (erroneously set forth in prior deed as Fifty (50) feet) to an iron pipe at Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along the latter, South 45 degrees 45 minutes East, Two Hundred Thirty (230) feet, more or less, to a hub at line of Hempt Bros., Inc.; thence along the latter, South 44 degrees 15 minutes West, Sixty (60) feet to a hub at Lot No. 17 on said Plan; thence along the latter, North 45 degrees 45 minutes West, Two Hundred Thirty (230) feet, more or less, to Center Street, the place of beginning. ACCORDING to a survey of Garret J. Betz, Registered Surveyor, dated October 28, 1970. BEING Lot No. 18 of the Philip A. Warner Plan of Lots as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 4, Page 23. TITLE TO SAID PREMISES VESTED IN Tiffany A. Arneil, a single woman, by Deed from Timothy E. Swartz and Deborah I. Swartz, h/w, dated 06/10/2005, recorded 06/15/2005 in Book 269, Page 1917. PREMISES BEING: 22 Center Street, Mount Holly Springs, PA 17065-1724 PARCEL NO. 23-32-2338-009 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net GREEN TREE SERVICING LLC Vs. TIFFANY A. ARNEIL WRIT OF EXECUTION NO 14-5249 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $104,965.43 L.L.: $.50 Interest FROM 11/08/2014 TO DATE OF SALE ($17.25 PER DIEM) - $2,018.25 Atty's Comm: Atty Paid: $202.75 Plaintiff Paid: Date: 11/20/2014 (Seal) REQUESTING PARTY: Name: PAUL CRESSMAN, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 318079 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary -44111111111k AFFIDAVIT 01, SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GREEN TREE SERVICING LLC PH # 927824 DEFENDANT SERVICE TEAM/ lxh TIFFANY A. ARNEIL COURT NO.: 14-5249 CIVIL SERVE TIFFANY A. ARNEIL AT: 235 CAMEO DRIVE FAYETTEVILLE, PA 17222-1091 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 • SERVED " Jk IC I Served and made known to T11~1~ANY A. ARNEIL, Def dant on the day of e, 20 , ry . o'clock f M., at a3s 'get 4 e o JJr,/, in th nner scribed low: Defendant p rsonally served. y 2, eV Heol / Adult family member wit wh m efendant(s)oidde(s).1 (A)-20-1? / ` J Relationshipis Ki� V tAL-, Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: i 5 t 1'f /� Desc ' ion: Age a •h i aZ Weight o� °Race W ►1 Sex / 1 Other a �f �•S V I, ._ eWJC ' coket-n adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in t ,• c ptioned case on the date and at the address indicated above. I understand that this statement is made subject t•)1/0e re ieso f 18 Pa. 4'04 1 f unsworn falsiific�}tiion tooauthorities. AiOr ti NAME: PRINTED TITLE: . .-c. /ream• • get....117 • e. NOT SERVED On the day of,20 , at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND ecause: _ Vacant _ Does Noi Exist _ Moved . Does Not Reside (Not Vacant) No Answer on at at • _Service Refused ; Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. • BY: PRINTED NAME: