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HomeMy WebLinkAbout06-5896PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141751 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. co? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 141751 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 141751 Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 The name(s) and last known address(es) of the Defendant(s) are: JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/18/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNION FEDERAL SAVINGS BANK OF INDIANAPOLIS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1583, Page: 386. By Assignment of Mortgage recorded 05/09/2006 the mortgage was Assigned To MERS AS A NOMINEE FOR CITIMORTGAGE which Assignment is recorded in Assignment Of Mortgage Book No. 726, Page 4483. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 06/01/2006 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 #: 141751 6. The following amounts are due on the mortgage: Principal Balance $113,169.04 Interest 3,613.46 05/01/2006 through 10/05/2006 (Per Diem $22.87) Attorney's Fees 1,250.00 Cumulative Late Charges 220.01 11/18/1999 to 10/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 118,802.51 Escrow Credit 0.00 Deficit 432.93 Subtotal 432.93 TOTAL $ 119,235.44 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 119,235.44, together with interest from 10/05/2006 at the rate of $22.87 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA ALL?LII,N. AN, & SCHHMIEG, LLP By: /s/Francis S. Hallinan L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4: 141751 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Mechanicsburg and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Federal National Mortgage Association, a corporation, by Deed dated June 28, 1999 and recorded July 8, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 203, Page 568, granted and conveyed unto Lynn C. Schadle, one of the Grantors herein. The said Diane A. Schadle joins in this deed to convey any right, title and interest she may have in the above described premises by virture of her marriage to the said Lynn C. Schadle. PREMISES BEING 1216 MITCHELL AVENUE File #: 141751 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ,-? / 10e, -, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 101Srloe Ul ?v Q -_1 CJ 1 ci lift -ci ;j r-I -A PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEFFREY A. GOMBOC and ROCHELLE A. GOMBOC, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/6/06 to 11/21/06 TOTAL $119,235.44 $1,074.89 $120,310.33 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: A In( 3y of ou ac. PROP OTHY 141751 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-5896 CIVIL JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 6/I.)xu 3 V 2001.. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff Vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendants TO: JEFFREY A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVEMBER 9, 2006 FILE COPY 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 2LS ` FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION : CUMBERLAND COUNTY NO. 06-5896-CIVIL PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff Vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendants TO: ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVEMBER 9, 2006 FILE COPY 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION : CUMBERLAND COUNTY :NO. 06-5896-CIVIL PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-5896 CIVIL JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEFFREY A. GOMBOC is over 18 years of age and resides at, 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055. (c) that defendant ROCHELLE A. GOMBOC is over 18 years of age, and resides at, 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 01 p C 0 F Ca c a`' cz:zk o lfa ?'' ? ? L co cr, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff, V. No. 06-5896 CIVIL JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/21/06 to 3/7/07 (per diem -$19.78) $120,310.33 $2,096.68 and Costs TOTAL $122,407.01 La6ttd m- L&O?? DANIEL G. SCHMIE , ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141751 d W ? ? v ow ? a W o? 00 0 U a' H o v U x? H U r- CC) rr .,ca o° 7 d W O I H U w? o? H o ?w OA 00 U a oQ d ? W ? CJ U P4 ? UV W W ? a N N w d VV M ` r y y ?. r y 7 14 ? ? ? ? cY clc rn, c4 ? J d ?J cv) Wit) V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5896 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JEFFREY A. GOMBOC AND ROCHELLE A. GOMBOC, (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 gamishee(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 $120,310.33 L.L. $.50 Interest FROM 11/2106 TO 3/7/07 (PER DIEM - $19.78) -- $2,096.68 AND COSTS Atty's Comm % Atty Paid $134.80 Plaintiff Paid Date. NOVEMBER 29, 2006 (Seal) Due Prothy $1.00 Other Costs Curti . Long, Pro Lary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 21; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines and beyond a distance of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 10 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, PA. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc and Rochelle A. Gomboc, husband and wife, by Deed from Lynn C. Schadle and Diane A. Schadle, husband and wife, dated 11/18/1999, recorded 11/22/1999, in Deed Book 211, page 938. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Lynn C. Schadle, by Deed from Federal National Mortgage Association, dated 06/28/1999, recorded 07/08/1999, in Deed Book 203, page 568. PARCEL IDENTIFICATION NO: 19-23-0569-023 CONTROL #: 19000375 PREMISES BEING: 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC . ROCHELLE A. GOMBOC Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o ? H ?? c } t Zrn G n CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Last Known Address (if address cannot be reasonably ascertained, please indicate) 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNIFUND CCR PARTNERS 10625 TECHWOOD CIRCLE CINCINNATI, OR 45242 * . y 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK AS INDENTURE TRUSTEE, C/O RESIDENTAL FUNDING CORP. 1301 OFFICE CENTER DRIVE, #200 FORT WASHINGTON, PA 19034 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. November 21, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff n ,.a c? ?, C7 -rt :, co _, CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). TO: JEFFREY A. GOMBOC November 21, 2006 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 06-5896 CIVIL ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,310.33 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance .A.,. 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 O _t C C "I Alx'FIDAV1T 0)F WRVWZ PLAYWTIFF CITIMORTGAGE, INC. DEFENDANT(S) 3ErmY A. GOMBOC KOCHELLE A. GOM M SERVE: JEFFREY'' A. GOMMOC 1216 MITCHELL AVENUE MECHANICSBCRG, PA 17055 SERVED tl>1dH18ikLAI1D catow L&C No. 06."% Chap[, Ptt? 1 ?i I S 1 ACCT. #ZM Type Of Aa bm - Native of $terilro Sob Bak Date: MARCH 7, JW Served and made known to Te ?4 reV ? 4. s o,,n hoe-, ndant, an the dtyat' o i l:6200L at o'clock _?__m., at... _ AA- d4 ke l/ -4v Q of Pennsylvania, in the manner described below: _____,,M1bndant personally served. V Adult family rnembcr with whom Defendant(s) reside(s). Name and Ralsd nship b V-J i Adult in charge of Defimdant(s)'s residence who refused to give name or relaka trip. Manager/Clerk of place of lodging in which Defeadant(s) msido(s? Agent or person in charge of Defendant(s)'s office or usual place of bMimse. an officer of said Defendant(s)'s company. Other-, Description: Age F"Q Height Syb 11 Weight 30 Race W Sex L Odd 1'. ?CAAO,.*A a competent adulk being duly sworn avooMiag to law, dcpasa and qua OO I peerepRty hnaded a true and correct copy of the !Notice of Sheriff's Sale in the manner as set flaM here, issued in tho CWdowd Casa on *0 *e and at the address indicated above, to and By: ~T SERVICE AT LEAST 3 TIMM INDICATE DATES & TOM OF SERVICZ A'iTR1M"ZD. PATR1Ciro E. HARRIS Commission Expires June 16, 2008 NOT SBRVF,D On the day of 200_, at o'clock _ , ,, Defaadam NOT FOUND bemuse: Moved Unknown No Answer Ist Attempt: / / Time: 3rd Attempt: ! ! Time: Sworn to and subscribed before me this day of, 200 'Notary: By: AttorpeX fur Plaintiff Daniel G. Schsnieg, Enquire - LO. No. 62205 Vacant 0L Z0 3Jdd ODVWdVHd e/_T06 TZ609 96 : Z T t766 T /Zs /t7® AFFI'DA'VIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) JEFFREY A. GOMBOC ROCHELLE A. GOM M SERVE: ROCHELLE A. GOMBOC 1216 NftTCHELL AVENUE MECRAMCSBURG, PA 17055 IW,, D No. 06-3891 CPAL ACCT. Wgjlnft Type of Acibe - No" of lff's Bob 8ok Dolt: K4311CH 7$ 2W SERVED Served and made known to Re c pie ! 1 e A 6-aei ove . DeftWwI, onflw 30 dy of VV?v,t hof- , 7011., at Z ' O'Z , o'clock f-m"at ) Z 1 ? , M (4 6 k ejl 4iC , Commonwealth of Pennsylvania, in the manner described below: __ZDcfcndant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who rcf wd to give name or ralstio=Mp. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). -Agent or person in Charge of Deinndant(s)'s office or usual place of business. -- an of ker of said 13dmdaat(s)'s a mpany. Other: Description: Age 30 :±0 Height SIk" Weight _130 9= ,/ Sex , OdW it u a competent adult, being duly swam ac.oordHIS to taw, depose and at" that I personally handed a true and correct copy of the NQjj0 of Sherif'f's Sate in the per as set Aw& havin, isswW in the captioned case on the date and at the address indicated above. -W and su ed 0 01) be a me' aTl?dpy - By: ?,--? No MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES 4k THAU OF SERVICE "Stag of New Jersey ATTEMPTED. PATRICIA E. HARRIS Commission Expires June 16; 2 NOT svgs on the _ day of . 200^, at o'clock __ : m., Defivdw t Noir FOUND beeavow. Moved Unknown No Answer I" Attempt: / L .Time: 3rd Attempt: / / Tithe: Sworn to and subscribed before me this day of .200 „r Nou y: Attoraev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 ?K By: Vacant e Attempt: Tie n: 7 .)- TO 39Vd 00VW?AVHd 6L T06 TZ609 56 : Z T t766 T /z0 /b0 e 0'% CASE NO: 2006-05896 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS GOMBOC JEFFREY A ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOMBOC JEFFREY A the DEFENDANT at 1841:00 HOURS, on the 19th day of October , 2006 at 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 by handing to ROCHELLE A GOMBOC, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.80 Affidavit 00 %:•s?,,?„?E Surcharge 10.00 R. Thomas Kline 36.80v/ 10/20/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to / By: before me this day Deputy lo-heriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05896 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS GOMBOC JEFFREY A ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOMBOC ROCHELLE A the DEFENDANT , at 1841:00 HOURS, on the 19th day of October , 2006 at 1216 MITCHELL AVRMTTR MECHANICSBURG, PA 17055 by handing to ROCHELLE A GOMBOC a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ? Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 10/20/2006 C ,? 141.4.4 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. r w PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY I.D. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 06-5896 CIVIL CUMBERLAND COUNTY Praecipe to Substitute Legal Description Attached to Writ of Execution NUNC PRO TUNC TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the writ of execution in the instant matter. DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DATE:February 22, 2007 % LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Mechanicsburg and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 21; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 21 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc and Rochelle A. Gomboc, husband and wife, by Deed from Lynn C. Schadle and Diane A. Schadle, husband and wife, dated 11/18/1999, recorded 11/22/1999, in Deed Book'211, page 938. PARCEL IDENTIFICATION NO: 19-23-0569-023 CONTROL #: 19000375 PREMISES BEING: 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055 C ° y Li O ?t C+? Citimortgage, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeffrey A. Gomboc and Rochelle A. Gomboc Writ No. 2006-5896 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 20.00 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 15.84 Certified Mail 3.09 Levy 15.00 Surcharge 30.00 Law Journal 437.00 Patriot News 420.62 Share of Bills 16.83 $1,019.88 R. Thomas Kline, Sheriff BY -?t Real Estate ergeant V 4) 8/01 ?S cue. 5 7 ?? i CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Last Known Address (if address cannot be reasonably ascertained, please indicate) 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNIFUND CCR PARTNERS 10625 TECHWOOD CIRCLE CINCINNATI, OH 45242 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK AS INDENTURE TRUSTEE, C/O RESIDENTAL FUNDING CORP. 1301 OFFICE CENTER DRIVE, #200 FORT WASHINGTON, PA 19034 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. November 21, 2006 LIM DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 1 CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY No. 06-5896 CIVIL November 21, 2006 TO: JEFFREY A. GOMBOC - 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,310.33 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on. how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5896 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JEFFREY A. GOMBOC AND ROCHELLE A. GOMBOC, (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 $120,310.33 L.L. $.50 Interest FROM 11/2106 TO 3/7/07 (PER DIEM - $19.78) -- $2,096.68 AND COSTS Atty's Comm % Atty Paid $134.80 Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $1.00 Other Costs Curtis k Long, Pr o tary By: Deputy Real Estate Sale # 62 On December 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 1216 Mitchell Avenue, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2006 By: ?Jo Real Est a Sergeant 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he 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 he 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 ................. .. ? A ?yd?........................... COPY Sworn to and s s ibed ore me this 26th day of February 2007 A.D. SALE#62 _ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notaa?(,Public ity OF Harrisirg, Dat}t5111n County i nAv Cnmmiss Exoi une 6, 2010 , . C r? 1 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Aft 01- 71- "No 40 Ail f+pi *w pow df mw d mw iii a **I? 4 iiglp -- or` c+r ie `rt,7wt= A* of Pon* Ili I ad M 4 #Ok an tin ,* of •+ ? Jr +it #i d?aiaa &ro 1fitptaa.di tug rim . i1?leaa rlar3R.aecadt late a 1i*me tf artiiZ 0 Oft= of Ammf (7? a pow at die AMM bra aud' Ewa of L,* %L 22 m V^tar" bbt,?ae,b" 7 13, rwriel 1Qa #q SW 'Awn *iova 1wc a Gil iie 1m (ILL) eD iI? as dre ngKM4q?e.pEL 23 on Sjoto I tf AWq ne Garrity arrWdMfiwrf*' Ai !WiE 13, TH"Im mom . .R-siv* -=X to up, "wow* vWma 1L0 1 'M I ira6?pE ad l U-a No C: "" od ?lx= in by IN q mo., M 34W 023 a ,I9BBEEi7s 1. NNW, :U* "WORL mm- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Afflant 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. G 2-?- isa Marie Coy/ , Editor SWORN TO AND SUBSCRIBED before me this of February 2007 NOTARIAL SEAL LC`:P E. 'SNYDER, Notary Public C ;';' Boro, Cumberland County f+ :., :ors Expires March 5, 2009 REAL ESTATE SALE NO. 62 Writ No. 2006-5896 Civil Citimortgage, Inc. vs. Jeffrey A. Gomboc and Rochelle A. Gomboc Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of Mechanicsburg, County of Cumberland and State of Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the here- inafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 21; thence North 82 degrees 46 minutes 30 seconds Fast along said division line and beyond a distance of seventy (70) feet to a point at the division lines and beyond a distance of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 10 sec- onds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of sev- enty (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, PA, RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc and Rochelle A. Gomboc, husband and wife, by Deed from Lynn C. Schadle and Diane A. Schadle, husband and wife, dated 11/18/1999, recorded 11/22/1999, in Deed Book 211, page 938. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Lynn C. Schadle, by Deed from Federal National Mort- gage Association, dated 06/28/ 1999, recorded 07/08/1999, in Deed look 203, page 568. PARCEL IDENTIFICATION NO: 19-23-0569-023. CONTROL #: 19000375. PREMISES BEING: 1216 MITCHELL AVENUE, MECHANICS- BURG, PA 17055. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). No. 06-58% CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/22/06 TO 09/03/08 (per diem -$19.78) Add'1 Costs TOTAL $120,310.33 $12,896.56 and Costs $4.965.50 $138,172.39 V'(?j Vg. DANIEL G. SCHMIEG, ESQUIRE/ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141751 N oz a? az zz O? U? 00 U ?A O? U? ?W H? G?7 a H U O 0 UU OSOm? Q ?a w z 0 U? h o? o w w a V a s 00 w 4 O UU z ?x AA Wa U N H 4 lc? r? c? O QQ?(A oQ oo p O Q o 00 g 00 ?b i a a. a? C' Z c_ l CJ nt T S_, 7:' V IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JEFFREY A. GOMBOC ROCHELLE A. GOMBOC CITIMORTGAGE, INC. V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Debtors Movant Respondents Bk. No. 1:07-bk-00472 MDF Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of CITIMORTGAGE, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and CITIMORTGAGE, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay.. By the Coma, Dated: February 1, 2008 B P 'Judge This document is electronically signed and filed on the same data. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. , Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC , Defendant(s). , ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1?j J, DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff r _?,? - v :: ? ',,?. _, .? t ^" -`? . - _ ,,.? s -. , ?: ?, -, _. ?-- ,_ = ?. CITIMORTGAGE, INC. . Plaintiff, V. . JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1216 MITCHELL DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Unifund CCR Partners 10625 Techwood Circle, Cincinnati, OH 45242 Unifund CCR Partners C/O Frederic I. Weinberg, Esq., 21 S. 21" Street, Philadelphia, PA 19103-3148 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) The Chase Manhattan Bank as Indenture Trustee, c/o Residential Funding Corporation 1301 Office Center Drive, #200, Fort Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. March 13, 2008 qJ?J ?e ?'- I - DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ca ^' t? r-n A N -C CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY No. 06-5896 CIVIL March 13, 2008 TO: JEFFREY A. GOMBOC 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 ROCHELLE A. GOMBOC 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1216 MITCHELL DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,310.33 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Mechanicsburg and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, Pennsylvania. PARCEL IDENTIFICATION NO: 19-23-0569-023 CONTROL #: 19000375 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc and Rochelle A. Gomboc, husband and wife, by Deed from Lynn C. Schadle and Diane A. Schadle, husband and wife, dated l 1/18/1999, recorded 11/22/1999, in Deed Book 211, page 938. Premises: 1216 Mitchell Drive, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5896 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JEFFREY A. GOMBOC and ROCHELLE A. GOMBOC (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 #120,310.33 L.L. Interest from 11/22/06 to 9/03/08 (per diem - $19.78) - $12,896.56 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,176.18 Other Costs $4,965.50 Plaintiff Paid Date: 3/17/08 D Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 CITIMORTGAGE, INC. V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC ATTORNEY FOR PLAINTIFF 141751 CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-5896 CIVIL SUGGESTION OF RECORD CHANGE RE: ADDRESS CHANGE TO THE PROTHONOTARY: DANIEL G. SCHMIEG, ESQUIRE, attorney for the plaintiff, hereby certifies that to the best of his knowledge, information and belief, the defendant(s)' property address was erroneously listed as: 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055 The correct address for the defendant(s) is: 1216 MITCHELL DRIVE, MECHANICSBURG, PA 17055 Kindly change the information on the docket to reflect this change. r DANIEL G. SCHMIEG, ESQUIIV8 Attorney for Plaintiff ?, rri PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. VS. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JEFFREY A. GOMBOC No. 06-5896-CIVIL ROCHELLE A. GOMBOC Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 9, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on November 29, 2006 in the amount of $120,310.33. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 07-00472 on February 22, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated February 4, 2008. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on September 3, 2008. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 3, 2008 Per Diem $22.78 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $112,718.77 $17,391.12 $1,142.39 $2,225.00 $1,983.50 $972.68 $598.00 $100.00 $0.00 $0.00 ($0.00) $3,814.78 TOTAL $140,946.24 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 1, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. -? 4 b? DATE: 1 &Schmieg, LLP By: Michele . ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JEFFREY A. GOMBOC No. 06-5896-CIVIL ROCHELLE A. GOMBOC Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JEFFREY A. GOMBOC and ROCHELLE A. GOMBOC executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortg e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shoppin Cg_ enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Really, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: o MIKhmieg By: , LLP is ele ra or Esquire Attorney for Plaintiff EXhlblt «A?? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141751 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE n.: cm a, d 1 rv Ui 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. fie,, t Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM , NO. r .S?d Ic?P CUMBERLAND COUNTY C: ATE . 1 Within to be , trl,; u"IC correct copy c,,j orfgha!' flied, or, ?a' rai -r? T_ C?C7 --G File #; 141751 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 141751 I . Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/18/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNION FEDERAL SAVINGS BANK OF INDIANAPOLIS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1583, Page: 386. By Assignment of Mortgage recorded 05/09/2006 the mortgage was Assigned To MERS AS A NOMINEE FOR CITIMORTGAGE which Assignment is recorded in Assignment Of Mortgage Book No. 726, Page 4483. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 06/01/2006 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 4: 141751 6. The following amounts are due on the mortgage: Principal Balance $113,169.04 Interest 3,613.46 05/01/2006 through 10/05/2006 (Per Diem $22.87) Attorney's Fees 1,250.00 Cumulative Late Charges 220.01 11/18/1999 to 10/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 118,802.51 Escrow Credit 0.00 Deficit 432.93 Subtotal 432.93 TOTAL $ 119,235.44 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 119,235.44, together with interest from 10/0512006 at the rate of $22.87 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA ALLIN?AN & SCHHMIEG, LLP By: /s/Francis S. Hallinan L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 11: 141751 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Mechanicsburg and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for tht County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Federal National Mortgage Association, a corporation, by Deed dated June 28, 1999 and recorded July 8, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 203, Page 568, granted and conveyed unto Lynn C. Schadle, one of the Grantors herein. The said Diane A. Schadle joins in this deed to convey any right, title and interest she may have in the above described premises by virture of her marriage to the said Lynn C. Schadle. PREMISES BEING 1216 MITCHELL AVENUE File #: 141751 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ),J ?A-, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 101 0 r Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identifkation No. 62205 Attorney ror Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 5634000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE CUMBERLAND COUNTY MS1011 COURT OF COMMON PLEAS FREDERICK, MD 21703 CIVIL DIVISION Plaintiff, V. NO. 06-58% CIVIL JEFFREY A. GOMBOC ROCHELLE A. GOMBOC n i r?j ? A (.. -c Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO r?`r ANSWER AND ASSESSMENT OF DAMAGES co cn TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEFFREY A. G 0M_ and'R,Q<:'1EI1L MBOC:. Defendant(s) fdr'falure-to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $119,235.44 Interest from 10/6/06 to 11/21/06 $1,074.89 TOTAL $120,31033 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ATTORNEY FILE COPY DANIEL G. SCHMI SQUIRE PLEASE RETURN Attorney for Plaintiff 2-1- DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Xew, X, 2606 A I )# f1<6 PR ROTHY 141751 Exhibit "C" Case 1:07-bk-00472-MDF Doc 40 Filed 02/01/08 Entered 02/04/08 11:22:05 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Debtors Bk. No. 1:07-bk-00472 MDF CITIMORTGAGE, INC. V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Movant Respondents Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of CITIMORTGAGE, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 1216 MITCHELL AVENUE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and CITIMORTGAGE, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay.. By the Cowt, Dated: February 1, 2008 B m Jadfe, (M This document is electronically signed and filed on the same -date. Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 1, 2008 JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 RE: CITIMORTGAGE, INC. vs. JEFFREY A. GOMBOC and ROCHELLE A. GOMBOC Premises Address: 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 06-5896-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, July 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Mhele your , M. Bra fo , Esquire For Phelan Hallinan & Schmieg, LLP Enclosure ? Q N g a .9 H E u ? 9 V' 3 0 A U £0 L6 L 9000dIZ WO213 O311VW c eooz Lo -inr o Los Lzoooo v ° ? oft*ISO $ IM zo F u m ° a Ewa . . C a ....,.o 53nuw O ? • ? a ?L' p Q` ?,ac6E C4'' y y E w 0 v ? ? ? m 3 cz C m w d ? ?obw a a w Cvi .K .-+ G C O ? C` C E fn F b?o?N do ` 'D ?p Ns MRS .ti h N L S m W ? u d0' 0 d ? y o a a a? b x ?a a W W o ? a ? 00 zoo yx. ? ca ? ?V Aa zuA o ? z _ as a x z Qa ) w W ? ° a c ed W z N a H a h 'd ? y ? C r, v v, '? c14 l d O Z VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Schmieg, LLP DATE: 4 By: 1-4 Mi e e M. BAttorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (_215) 563-7000 CITIMORTGAGE, INC. VS. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Plaintiff Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-5896-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 DATE: b Phelan Hallinan & Schmieg, LLP By: Miche a rad d, Esquire Attorney for Plaintiff C_J ?„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JEFFREY A. GOMBOC No. 06-5896-CIVIL ROCHELLE A. GOMBOC Defendant$ RULE AND NOW, this it' day of 2008, a Rule is entered upon the Defendants to show cause why an Order s4ould not be entered granting Plaintiff's Motion to Reassess Damages. Z o r 64 rr'"v Rule Returnable @e the 200R ar +? ? = BY THE COURT J. r V o,Q d ? ? ?nr eor?? etc -do r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC CUMBERLAND County No. 06-5896-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Returndate of was sent to the following individual on the date indicated below.. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 DATE: Ph 1 1' hmieg, LLP By: Mic ele M. Bradford, Esquire Attorney for Plaintiff ` ? C -? i c;? 4 ?=? .• F fT1 ?? t ., ? -r%? ?{ AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) JEFFREY A. GOMBOC ROCHELLE A. GOMBOC SERVE JEFFREY A. GOMBOC AT 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY I No. 06-5896 CIVIL ACCT. #141751 Sale Date: SEPTEMBER 3, 2008 Type of Action - Notice of Sheriffs Sale Served and made known to 'J4&-ex'7 670/0 dllG?, Defendant, on the 6 day of 4',t:/ , 200L at 2--0 , o'clock /em., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is (A/ L i1117kk11L Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age y'i- 0 Height -f/49 Weight / 70 Race U' Sex Other 134-k I, Ale-, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in th ptioned case on the date and at the address indicated above. / Sworn to and subscri ed - Baker 01*? before a this ?- day of I NJ iL , / , 200 mole Notary: By: 231 P ?6 h0 f AA CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY 0ATQ0MMlSS"4dW 1W25*1"2 200. at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2°d Attempt: / / Time: 3rd Attempt: i / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 l 4(? Z C r CX3 rl r u. ? dLL dr ..ar, • fit iw Wit ?`08® U*A ?{Q es wswwww- AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) JEFFREY A. GOMBOC ROCHELLE A. GOMBOC SERVE ROCHELLE A. GOMBOC AT 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 06-5896 CIVIL ACCT. #141761 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 SERVED V Served and made known to (v- Defendant, on the day of , 200 at o'clock Z.m., at 4, , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: ?Atge S5_'y0 Height : ?/? Weight I -lb Race W Sex 'C Other Zle- . I, /67410` a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the maptfer as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KOM =W. Bat- t before me this 7m day } '{ ? ?O?s wok ?.? of 1 2004, Nota By: LEASE ATTE SERVICE AT LEAST TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HAS NOT SERVED NOTARY PUBLIC STATE Q NIEW JERSEY 200-, at o'clock .m., Defendant NOT FOUND because: On ??,?MMtSSfQ?IXPiRES'iQ/?072 - Moved Unknown No Answer Vacant 1St Attempt: Time: 2"d Attempt: t / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 I ji 0 r-> ? ka ,.r ..r7 v tit SA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JEFFREY A. GOMBOC ROCHELLE A. GOMBOC NO. 06-5896 CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1216 MITCHELL DRTVF._ MF.C'HANIC'SRT 1116, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMI , ESQUIRE Attorney for Plaintiff Date: July 24, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the absence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141751 a '0 u fz. ? pp a £ 0 L 3 L 3000 dlz WOHA 03lIH 0 ` o c 800Z ! L 21 1 0 608 LZN7OZ0 e w. To ??oo w u 53Ah" A3tl y u 'J Fz&z aq 0.00 f? .b > 6 ?`" 'mod ? ? i v E o C? C) U D a E a u o •p., o ai LW ? p O C r R fY. N N O °=?y> 4 p .... ` N R.O W W vl C) 0 W H An .w.1/ h+q ? W ? ? pf; Y G C N ..xa cr. c7 vii c: 0 ; a •?, ? o v ?.. y ?.s - Eb co cr w E? >" o co U " W v o u W a, o 't'•? ry) z a cs: ? v? ? A a`? o ? ? ? ? U ? •? Q o v A c) 00 +r o v v H ? C,4 E~ '3 E~ a a?i U ? o C/) tta ..? ap T U a?i ? U Gi. ?D > N O a a w ? oL c p a A Q C) O U do a 0 O a 4-4 Cq -a co; 0 pq c's t: t cts U ?¢ oIC p" 0 00 U Y C7 Caw 0 U z o 3v] aim ?0I't U vo° U a . a U O F ?" _? on °? k N U WQ o 0 '? w z 9140 z" A U r U? .tea. Llama F-A as .n z d wT a a o'a co 'O W C 'N r1 kn 00 O\ CO ,N- M. ?. z a> Z d' C a ? a CZ) ?t_ .w CITIMORTGAGE, INC. Plaintiff, v. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 C.'ITIMORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 1216 MITCHELL DRIVE. MF.C'HANIC'SHURG, PA 17055 . Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mechanicsburg Borough 36 West Allen Street c/o David J. Spotts, Esquire Mechanicsburg, PA 17055 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. Sec. 4904 relating to unworn falsification to authorities. D J July 30, ?OOR A4 DATE DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff 4p% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JEFFREY A. GOMBOC ROCHELLE A. GOMBOC NO. 06-5896 CIVIL Defendant(s) AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1216 MITCHFIJ, DRIVE, MRCHANICSRITRG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIE , ESQUIRE Glor Attorney for Plaintiff Date: July 30, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence of it representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141751 o1w a U W? a 0 0 v _o on ? b a> ? v?v° U w •? C 0 b O ? ^C h zdo N ? C c0 N C C W C 7 U y _ E 2 a ? _ E co 161. 3 IZ 91CM 11W E $ a m L W d N r sooz ` o r 9` o O 1? F- = y > c oo?, $ W w a B a p E E N c f. ' O 7 0 p - ?l _ _ a dy ? d a Eus- i i ?`m` md G O ' Trn S m E Uy E C O O O p v3'g Lf) E m c w p C1pFN? .7 C•p N? F?1 O O w «y a, tol - p s 8 C N o r ( p = U s g =Z8 4)oW:? R" 0 n v d ?' o O z O a I L y C Q a ea ? p w • a a yh?'y a0 W pp .. a m 'u A 3 •u z' > (U z _U r- om j J Z y N M qt LO co r- W M ° C*14 m LO .T °a C: ? -rT T t-r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC CUMBERLAND County : No. 06-5896-CIVIL Defendants MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 9, 2008. 3. A Rule was entered by the Court on or about July 11, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on July 16, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of August 5, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: , LLP ITrqtg Michele M. Bradford, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC CUMBERLAND County No. 06-5896-CIVIL Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 9, 2008. A Rule was entered by the Court on or about July 11, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on July 16, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 5, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Ph MBradfor eg, LLP By: 11uire Attor ney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Court of Common Pleas Civil Division CUMBERLAND County No. 06-5896-CIVIL Defendants RULE AND NOW, this /f day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. .,70 dq ys At ?er scrUd?e? Rule Returnable Pennsylvania. BY THE COURT /s/ 1 a J. rRUE COPY FROM RECOR b Testimony whereas, I here unto set my hang: A the sgal of said C at Carlisle, Pa. nis ay 12 .00697- i 1 11 -_1 < 1 Exhibit "B" C an o „ -17 C- M, < - C' 3 r C vC _ JM PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400Q? 1617 John F. Kennedy Boulevard ?sA lsif a?:4 '. Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC No. 06-5896-CIVIL Defendants CERTIFIGAt bF SERVICE I hereby certify that a true +orfect copy of our Motion to Reassess Damages noting a Rule Return date of a was sent to the following individual on the date indicated below.. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE `S MECHANICSBURG, PA 17055° Ph 1 1' ?hmieg, LLP DATE: By: Mic ele M. Bradford, Esquire Attorney for Plaintiff CUMBERLAND County VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: I -V 1 11' ieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff vs. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-5896-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL AVENUE MECHANICSBURG, PA 17055 PlHalli an chmieg , LLP DATE: By: ra ford, Esquire Attorney for Plaintiff C ci - ? J rYfl CD AUG 1 2 zoos ? h IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JEFFREY A. GOMBOC No. 06-5896-CIVIL ROCHELLE A. GOMBOC Defendants ORDER AND NOW, this /3° day of 14-f"' , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $112,718.77 Interest Through September 3, 2008 $17,391.12 Per Diem $22.78 Late Charges $1,142.39 Legal fees $2,225.00 Cost of Suit and Title $1,983.50 Sheriffs Sale Costs $972.68 Property Inspections/ Property Preservation $598.00 Appraisal/Brokers Price Opinion $100.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $3,814.78 $140,946.24 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUZ -,? J. 141751 r CC) LLJ age ® u irl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the l Oth day of December A.D., 202008, under and by virtue of a writ Execution issued on the 17th day of March, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5896, at the suit of Citimortg_age Inc against Jeffrey A & Rochelle A Gomboc is duly recorded as Instrument Number 200840578. IN TESTIMONY WHEREOF, I have hereunto set my hand Ad- and seal of said office this day of A.D. of Deeds f?9. " xr "` - ' uimcArland County, Carli b PA { a{?'±? aoiiat wilco Ow First Monday of Jan.2010 Gitimortgage, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeffrey A. Gomboc and Rochelle A. Gomboc Writ No. 2006-5896 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 0750 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeffrey A. Gomboc and Rochelle A. Gomboc, by making known unto Rochelle A. Gomboc, for herself and for Jeffrey A. Gomboc, at 1216 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1712 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey A. Gomboc and Rochelle A. Gomboc located at 1216 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeffrey A. Gomboc and Rochelle A. Gomboc by regular mail to their last known address of 1216 Mitchell Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of the United States of America of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,099.53. Sheriff s Costs: Docketing $30.00 Poundage 21.17 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 16.00 Levy 15.00 Surcharge 30.00 Law Journal 383.00 Patriot News 382.22 Postpone Sale Share of Bills Distribution of Proceeds Sheriff s Deed 40.00 17.64 25.00 49.50 $1,099.53 1113616 S ?- cp, t; 7 ,? t-1, 1&,e , pga.3 So Answers: R. Thomas Kline, Sheriff BV J (i Sw Real Estate rgeant CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5896 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1216 MITCHELL DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY A. GOMBOC ROCHELLE A. GOMBOC 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Unifund CCR Partners 10625 Techwood Circle, Cincinnati, OH 45242 Unifund CCR Partners C/O Frederic I. Weinberg, Esq., 21 S. 21s' Street, Philadelphia, PA 19103-3148 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) The Chase Manhattan Bank as Indenture Trustee, c/o Residential Funding Corporation 1301 Office Center Drive, #200, Fort Washington, PA 19034 5.+Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tag Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Bog 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. JJ March 13.2008 VM ? ` DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff, V. JEFFREY A. GOMBOC ROCHELLE A. GOMBOC Defendant(s). CUMBERLAND COUNTY No. 06-5896 CIVIL March 13, 2008 TO: JEFFREY A. GOMBOC 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 ROCHELLE A. GOMBOC 1216 MITCHELL DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAMST PROPERTY. ** Your house (real estate) at, 1216 MITCHELL DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120.310.33 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Mechanicsburg and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 1216 Mitchell Drive, Mechanicsburg, Pennsylvania. PARCEL IDENTIFICATION NO: 19-23-0569-023 CONTROL #: 19000375 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc and Rochelle A. Gomboc, husband and wife, by Deed from Lynn C. Schadle and Diane A. Schadle, husband and wife, dated 11/18/1999, recorded 11/22/1999, in Deed Book 211, page 938. Premises: 1216 Mitchell Drive, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5896 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JEFFREY A. GOMBOC and ROCHELLE A. GOMBOC (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 #120,310.33 L.L. Interest from 11/22/06 to 9/03/08 (per diem - $19.78) -- $12,896.56 and Costs Atty's Comm % Atty Paid $1,176.18 Plaintiff Paid Date: 3/17/08 Due Prothy $2.00 Other Costs $4,965.50 Prothonotary (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 31 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 1216 Mitchell Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 13, 2008 By: Real Estate ergZt si sVW 8901 ?s d si Vd '>.iHII _ i a 7b 4 7 JJW3HS 3HI 10 --A01J30 '"? 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: July 18, July 25, and August 1, 2008 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. isa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS CARLISLE BORO t CUMBERLAND COUNTY My COMMISs(on Exp?res Apr 2B, 2010 RZAL ESTATE BALE NO. 31 Writ No. 2006-5896 Civil Citimortgage, Inc. vs. Jeffrey A. Gomboc and Rochelle A. Gomboc Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Mechanicsburg, County of Cumber- land and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a dis- tance of one hundred ten (110) feet to a point at the division line of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division lines of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred ten (110) feet to a point on the northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the afore- mentioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section 1 of Valley Stream Estates which plan is recorded in and for the County of Cumberland in Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house known and numbered as 121b Mitchell Drive Mechanicsburg, Pennsylvania. PARCEL IDENTIFICATION NO: 19-23-0569-023. CONTROL #: 19000375. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc and Rochelle A. Gomboc, husband and wife, by Deed from Lynn C. Schadle and Diane A. Schadle, husband and wife, dated 11/18/1999, recorded 11/22/1999, in Deed Book 211, page 938. Premises: 1216 Mitchell Drive, Mechanicsburg,. PA 17055. The Patriot-News Co. 812 Market St. the Patr1*otwXtws Harrisburg, PA 17101 NOW you know Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared on the date(s) indicated below. That neither he 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 he 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: 07/23108 07/30/08 08/06/08 2008 A.D. 1 Notary Public COMMONWEALTH OF PENNSYLVANIA NO" Sew Stw* L KWw, Notary Pubic C ky Of Rani ; Dauphin County ?N Carr "M Espies Nov. 26, 2011 Mwmbe?, Po n *anb Aaaodsft of Notaries Red Malaita Sale No. 31 Writ No. 2006-IM Chrl1 Tenn Clthnort~, Inc. VS ''J&M" k Gotnboc and Rochelle A. GoMboc Attorney OW14 Schrnleg LEGAL DESCRIPTION ALL THAT CERTAIN pie or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as fol wo % to wit: BP:GMING at a point on the northern side of Mitchell Drive, which point is at the division lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division lime a distance of one hundred ten (110) feet to a point at the divisim-he of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds East along ;said division line and beyond, a distance of seventy (70) feet to a poinn at the division limes of Lots Nos. 22 and 23 on said plan; thence South 7 degrees 13 minutes 30 seconds East along said, division lime a distance of one hundred tbh (l10) feet to a point on the northern side of Mitehelt Drive; 6ence South 82 degrees 46 mmufts 30 seconds west, along the aforementioned Ntdwfl Drive, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING Lot No. 23 on Section I of Valley Stream Estes wbich plan is recorded in and for the Coumtyof Cumrbetlamdia Plan Book 13, Page 6. HAVING THEREON ERECTED a single dwelling house town and numbered as 1216 Mitchell Drive, Met3wrucsburg, Pennsylvania. PARCEL IDENTffW-4TM NO: 19-23-069- 023 CONiML #:19000375 TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Gomboc ad Rochelle & Gomboc, husband and wife, by Deed from Lynn C. schadte and, Diane A. Schadle, husband and wife, dated 71/18/1999, recorded 1112111999, in Deed Book 211, page 438. Premises: 1216 Mitchdl Drive, Mech micsburg, VA17055 c"R'?C' " 0«c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 10th day of December A.D., 2008, under and by virtue of a writ Execution issued on the 17th day of March, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 06 Number 5896, at the suit of Citimorta? a INc against Jeffrey A Gomboc & Rochelle A is duly recorded as Instrument Number 200902816. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 ?j day of 5 L?-u A.D. Rwa df of Dads, Cumtwdand County, Camik PA My Cw ntssion Expuos ttw First Monday of Jan. 20110