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HomeMy WebLinkAbout07-0249PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. b2205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1b17 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 5b3-7000 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO b33b8-2240 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA CIVIL DIVISION NO. 07-249-CIVIL TERM 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 JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II and CATHY C. BACHERT A/K/A CATHY C. PARODA, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest from Ol/12/07 to 03!08/07 TOTAL $137,957.19 $1,468.88 $139,42b.07 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. A `, n ~~ DANIEL G. SCHMIEG, ESQUIR~' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ra, ~a~ PR ROTH 147016 . 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 (~,] S~ 56'~-7()00 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CML DMSION . Vs. CUMBERLAND COUNTY JAMES F. PARODA, II A/K/A JAMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA : NO. 07-249-CIVIL TERM Defendants TO: CATHY C. BACHERT A1K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 DATE OF NOTICE: FF'BR[1ARY 9, 2007 THIS FIItM 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 MAYBE 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 n (800)990-9108 ,J ~t~, :- ~~. .,~ . ~~ 5. HALLINAN, ESQUIRE for Plaintiff SHERIFF'S RETURN - REGULAR CASE N0: 2007-00249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PARODA JAMES F II ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ~ni?nTln ,TIlMFC R T T AKA ,TAMRF F PARnDA I I the DEFENDANT at 2025:00 HOURS, on the 18th day of January 2007 at 217 WEST LOCUST STREET ENOLA, PA 17025 CAHTY PARODA, MOTHER by handing to 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 13.2 0 `!%~g~ t-~ -~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20 / 01/26/2007 1 ~3( 0 ~ PHELAN HALLIAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy She i of A.D. SHERIFI= ' S RETtTRN - NOT FOUND CASE N0: 2007-00249 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PARODA JAMES F II ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who besng duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PARODA JAMES F II AKA JAMES F PARODA II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT PARODA II 9 STEPHEN ROAD NOT FOUND as to PARODA JAMES F II AKA JAMES F CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS Sheriff's Costs: So answers: Docketing 6 . 0 0 --~'` Service 8.69 i'~ Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 29.69 / PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00249 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF 'CUMBERLAND CITIMORTGAGE INC VS PARODA JAMES F II ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named BACHERT CATHY C AKA CATHY C unable to locate Her in his COMPLAINT - MORT FORE , ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT PARODA but was bailiwick. He therefore returns the the within named DEFENDANT PARODA 9 STEPHEN ROAD NOT FOUND as to BACHERT CATHY C AKA CATHY C CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff ' s Costs : So answers • ,- _---~ ~ _____,_ Docketing 6 . 0 0 .~---°'"" Service .00 Not Found 5.00 R. Thoma ..Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 / PHELAN HALLINAN SCHMIEG ~ J3~~6 ~ ~ ~ 01/26/2007 Sworn and Subscribed to before me this day of A.D. ' SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-00249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PARODA JAMES F II ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PARODA JAMES F II AKA JAMEE F PARODA II but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 26th 2007 this office was in receipt of the attached return from Sheriff's Costs: So answers• _.__,. ~,~ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Adams County 21.00 Sheriff of Cumberland County Postage 1.11 47.11 / j/3i/o? 01/26/2007 G__' PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-00249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PARODA JAMES F II ET AL R. Thomas Kline County, Pennsylvania, to duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BACHERT CATHY C AKA CATHY C but was unable to locate Her deputized the sheriff of ADAMS serve the within COMPLAINT - MORT FORE On January 26th 2007 this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge .00 16.00 01/26/2007 PHELAN HALLINAN SCHMIEG Sheriff or Deputy Sheriff who being PARODA in his bailiwick. He therefore So answers: __ _.._ 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County Sworn and subscribe to before me this day of , A.D. asoooozs '"T ( ) (1) The~within upon ,the-wfthin named defendant by mailing to by mail, return rem re~que~st~rd, postage p~Pa~~ on the a true and attested copy'there~af at The return receipt signed by defendant on the _ _ _ _ ie ~ ahetl and made a ;part of this return. { ) (2) Outsfd~ fhe Cort~onvve~)th, purtzua+~t to Pa. R.C.P. 445 , (c) (1) {2), by mailing a true and attested c~-y thersa~# at __ ~n t o_, owrng manner: ) (a) to the defendant by ( )registered ( ) certf#ied mail, return receipt requested, postage prepaid, addressee only on the _ said receipt being returned NOT signed. by defendant, but with a no#atian by the Postal.. Authorities #hat Defendant .eased tcf accept .the saute. The returned receipt ,and enr-,el~e is ached hereto and made a part of this rettarn. And thereafter: ( } (b) To the defendant by ordinary mail addressed to de#endant at same address, with the return address of the Sheriff appearing tltereort, on the :,a p ~..-, I further ctertffy that after fifteen (15) days -from the ntaifi det+e, t~ #tave'~ Wait received said envelope back from the Postal Authorities. A certificate of mailing is herreto attached as a proof of mailing. ( ) (3) By publication in the Adams Coun#y Legal Journal, a weekly publat~ior~ of general circulation in the County of Adatms, Commonwealth of Pennsylvania, and' the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsyiwtrsia and haring, general circulation in said County for succelrre wv+ee~ of The Aff~latrits from said Adams County Legal Journal and Gettysburg Tirnss, ara hereto attached-and- made part of this return. ( ) (4) By mailipg to by mail, return receipt re~uasted, postage prepaid, on the ______ a true and atted~ted copy thereof at The Autharifiies nltarked is hereto attached. retumed by the Postal { ) (5) Other ~ MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS .COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: Sae "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~ or print legiby, N~url"°'ed°b"iti of all "°pies. Do not detach any oopiss. ACED ENY.~ 1. PLAINTiFF/S/ 2. COURT NUMBER CITIMORTGAGE INC. 07-249 Civil Term 3. DEFENDANT/S/ 4. TYPE OF WRR OR COMPl,A1NT: JAMES F. PARODA, II a/k/a JAMEE F. PARODA, II, ET AL Complaint in Mortgage Foreclosure ~~ AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Cathy C. Bachert a/k/a Cathy C. Paroda f3. ADDRESS (Street ~ RFD, Apartment No., City, Bono, Twp., State and ZIP CODE) 1130 Chambersburg Rd., Gettysburg, PA 17325 7. INDICATE UNUSUAL SERVICE: ^ PERSONAL ^ PERSON IN CHARGE ^ DEPUTIZE O CERT. MAIL ^ REGISTERED MAIL O POSTED ^ OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. sHERiFF of ADAras couNTy 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any bss, destruction or removal of any such property before sheriff's sale thereof. 9. SGNATURE of ATTORNEY or other ORIGINATOR requesting service on behaM of: 10. TELEPHONE NUMBER 11. DATE Francis S . Ha l l i nan Es ~) PLAINTIFF (215) 563- 7000 ~ 9 O DEFENDANT PA E BEL W F R US F S ERIFF NLY - DO NOT WRITE BEL W THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration date or complaint as indicated above. 1/22/2007 F'E~. ~.5, 2007 15. I hereby CERTIFY and RETURN that I ^ have personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 1B. ~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A parson of witabis ape and discretion Read Order then rNidirg in the defendant's usual ^ place of abode. ^ 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment NO., City, Bono, Twp., 20. Date of Service 21. Time State and ZIP CODE) REMARKS: Gettysburg Post Office leas no record of this individual 22. ATTEMPTS ate Mlles Dap.IM. Date Mlles Dep.lnt. Date Mlles Dap.IM. Date Mlle Dep.lnt. Date Mlles Dap.IM. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. COST DUE OR REFUND AFFlRMED and substxibsd to before me this day SO ~ (3alirlQRDep. sheriff) (Plsass Prat Kevin Myers Signsture of sheriff JAMES W. HULLER 1/24/2007 124/2007 I SNERtFF OF ADAMS COUNTY MY COMMISSION ExPIRES I ACKNONYLEDGE RECEIPT OF THE 811ERIFF'8 RETURN SIGNATURE 33000026 w agvv~ ~ ~ thlF'M~fl ~rlned defsncfent by ~ltg to by ~, , Pte. o~ the ~x ~# a true dnd at~eYcl c~py-'thet~wcrf et The return r~ sued by defe~ant on the is ~ erttscst~ed and made a p~r# crf reign. ( } (2) Outs the ~rnvnw~tth, pt~~rsuent ~ Ra. R.C.P. +5 (c) (1 } (~i) by mailing a true ar~d eies~d ~~,ttsaof a# in the f'w ': ( } (a} b the defendant by ( ) re~er+e~d ( } c~rt~+d rt~li, r+s~m receipt requested; postage prrep~cl, .addressee only on the said receipt being returned WOT signed by defendant,.. but with. a notation by the Posl Authorities that i'pt~dant re#use~t4,fo asuept.~+e.e. Ths~~ed ,s~i~em~ is ached hereto ar~d s psdrt af'ths return. And ther'eeftsr: ( } (b} To the defenc~nt by ordir~sry mail ads~~~ defendant at same cress, with the. return address of the Sheriff ri~ip thereon, on the 1 furl cart mat etfter f~ ~~5}~~ays~~.a~rn ~ reei~N~ d~tis, I h8ve riot rtie-ceirre~d said rrelope k~aick from the Postal A+u~orities. A certifte oaf mailing s hereto attached as a proof of mailing. } (3 } fly pubiicartian ~ t#u; ~,~ Gou~Ity laI,Jonal, a weeiclypiti~on of general circules#ion in the County of Wilms, Comr~-r~e1f~ df Rerrnsylva~r'~ia, argil they C~sburg Tit~nes, s daily ~P~ p4rWislud in ti'af,Cownfy~.~of +~ ns~enith,a~f~ '~ssy and~having gs~nersi ©i~~ in said County far s of _. __._._~ from aadd ~-dams Cgwnty (regal ,journal and f~ettityysburg Time, are hereto attached a didew~tts made part of die return. ( ) (4 ~ $Y.m~ toy by _ mails return receipt r~equeated, pgste Prepaid, on the a true copy thereof at The rrn®d by the Pasta! Authoritl~es m~~lc~ed is her®to af,#a+d. ( } (~ } Other. 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 147016 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 v. JAMES F. PARODA, II A/K/A JAMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION Plaintiff TERM NO. ~~`T - ~~g ~Lt~~l~~~12. CUMBERLAND COUNTY Defendants 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. ~RVE '~~ ~-~~ ~ ._„~ Lawyer Referral Service '~""`~`"~~'~~erland Coun Bar Association TeS#~11101~ ~~~~^' (~ ~w 32 South Bedford Street .d the . ~°~ ,_ ~ Carlisle, PA 17013 = jl (800)990-9108 File ~: I470i6 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 #: 147016 1. Plaintiff is CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendants} are: JAMES F. PARODA, II A/K/A JAMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania l 164 Federal Building 228 Walnut Street Harrisburg, PA 17101 who is/are the mortgagor(s) and real owners} of the property hereinafter described. 3. On 06/04/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SIB MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1815, Page: 3043. 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 07/01/2006 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 #: 147016 6. The following amounts are due on the mortgage: Principal Balance $129,839.91 Interest 5,901.75 06/01 /2006 through 01 / 11 /2007 (Per Diem $26.23) Attorney's Fees ],250.00 Cumulative Late Charges 370.00 06/04/2003 to 01 / l 1 /2007 Cost of Suit and Titte Search $ 550.00 Subtotal $ 137,911.66 Escrow Credit 0.00 Deficit 45.53 Subtotal $ 45.53 TOTAL $ 137,957.19 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 parry 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 9 i of i 983, 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. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. JAMES F. PORADA II A/K/A JAMEE F. PORADA II ; No. 2004-4740; filed 09/21 /2004; $208,360.97. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 137,957.19, together with interest from 01%l 1/200? at the rate of $26.23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and far the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Fr ncis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 1470]6 LEGAL DESCRIPTION ALL that certain Unit, being Unit No.B-3 (the 'Unit'), of Locust Woods, A Condominium (the 'Condominium'), located in East Pennsboro Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium for Locust Woods, a Condominium (the'Declaration'), dated June 19, 2002 recorded June 2l, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 688, Page 655, as amended by First Amendment to Declaration dated August 21, 2002, recorded August 30, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 689, Page 4396, as further amended by Second Amendment to Declaration dated October 24, 2002 recorded October 25, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 691, Page 1417, and as shown on the Plats and Plans attached to the Second Amendment to Declaration as Exhibit D-2. Said Unit having a street address of 217 West Locust Street, Enola, Pennsylvania. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. PROPERTY BEING: 217 WEST LOCUST STREET }~ile #f; 147016 v FRANCIS S. HALLINAN, ESQUIlZE 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/ ~M-- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ I .~ ~,`?~\ ~CJ ~~~ -~~~ <~ ))f-,. `` r°, ~..., t,,, ., 4_re '~ ' 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 (21~) 5~3-7c~Qo CITIMORTGAGE, INC. :COURT OF COMMON PLEAS Plaintiff CML DIVISION Vs. CUMBERLAND COUNTY JAMES F. PARODA, II A/K/A JAMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA : NO. 07-249-CML TERM Defendants TO: JAME5 F. PARODA, II A/KIA JAMEE F. PARODA II 217 WEST LOCUST STREET ENOLA, PA 17025 DATE OF NOTICE: FF,BRTIARY 9, 2007 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 PR®PERTY 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 ASSOCIATI ~'~ 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff 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 19103-1$14 ~215~ 563-7000 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION Plaintiff, v. JAMES F. PARODA, II AIKIA JAMMEE F. PARODA II CATHY C. BACHERT A1K/A CATHY C. PARODA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-249-CIVIL TERM 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 defendants} 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 JAMES F. PARODA, II A/K!A JAMMEE F. PARODA II is over 18 years of age and resides at , 217 WEST LOCUST STREET, ENOLA, PA 17025 . (c) that defendant CATHY C. BACHERT AiK/A CATHY C. PARODA is over 18 years of age, and resides at , 217 WEST LOCUST STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. t 1 J I 1 ANIEL G. SCHMIEG, ESQUi~t Attorney for Plaintiff (~ ~~ ~ -0 ~i V ".'~ ~ l ~~ r J C . ~-:~ .~ ~~~ S''<3 ~;~ ``.. ._. ~ ~~ `i~ y-~ ~ =-~ Y ~ ~ {Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION Plaintiff, v. JAMES F. PARODA, II A/K1A JAMMEE F. PARODA II CATHY C. BACHERT AiKJA CATHY C. PARODA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-249-CIVIL TERM Defendant(s). ~ ~ 1q 4 a 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.** Notice is given that a Judgment in the above-captioned matter has been entered against you on ,~,~~~ l2 200~~/. By: If you have any questions concerning this matter, please contact: 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CiTIMORTGAGE INC. Plaintiff, v. . No. 07-249-CIVIL TERM JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II . CATHY C. BACHERT A/K/A CATHY C. PARODA : Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $139,426.07 Interest from 03/08/07 to JUNE 13, 2007 $2,223.24 and Costs (per diem -$22.92} TOTAL ~ _ $143,965.81°: `~ DANIEL G. SCHMIEG, SQUIRE 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. 147016 d O~ ~~ W~ a~ z oW ~a o~ 00 U aA O~ U~ H~ ~a U >-- ~' f Wit. ~=' c'T7 - ~-- _ .,;~"' ,~~ -_ `,? ti. a f_ i P j~f~ ^ ,.: _l.. ~~ i ~ t 1. U G~7 a 0 V h O H V _ :, ~' w~ w~ O~ Ho °' o~ w~ U a tri ~n O ~ ~ Q ~ as dd O~ WW f WWWW a~ v~~ ~~ ~~ ~ 00 a as ~, 0 ,, ~ ~ o ~~ Q N N a 3 w 0 ~- t Y ~ ~ v ~ v v ` ` ` ` ` y ~ . r V "~ ~' r ~. ~- n w V 4 c~ ~ ~ ~9 ~ ~ ~ ~ 4 Z, ~ ~ ~ ~ ~ r AA 00 ~~ wU W~ ~H ~U ti~ ~~ ~~ d~ O~ aV w U DESCRIPTION ALL THAT CERTAIN UNIT, being Unit No.B-3 (the "Unit"), of Locust Woods, A Condominium (the "Condominium"), located in East Pennsboro Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium for Locust Woods, a Condominium (the "Declaration"}, dated June 19, 2002, recorded June 21, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 688, Page 655, as amended by First Amendment to Declaration dated August 21, 2002, recorded August 30, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book b89, Page 4396, as further amended by Second Amendment to Declaration dated October 24, 2002, recorded October 25, 2042, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 691, Page 1417, and as shown on the Plats and Plans attached to the Second Amendment to Declaration as Exhibit D-2. Said Unit having a street address of 217 West Locust Street, Enola, Pennsylvania. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING the same premises which Jorich Land Development Corporation, a Pennsylvania Corporation, by Deed dated June 4, 2003, and recorded June 6, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 257, Page 229, granted and conveyed unto James F. Paroda, II, a single man, the Grantor herein. PARCEL IDENTIFICATION NO: 09-16-1051-03 7-UB3 Premises: 217 West Locust Street, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James F. Paroda, II, single person and Cathy C. Bachert, single person, as joint tenants with the right of survivorship, by Deed from James F. Paroda, II, single person, dated 12/30/2004, recorded 03/03/2005, in Deed Book 267, page 4019. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-249 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II AND CATHY C. BACHERT A/K/A CATHY C. PARAODA (1} You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION . (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 $139,426.07 L.L. $.50 Interest FROM 3/8/07 TO 6/13/07 (PER DIEM - $22.92) - $2,223.24 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $253.00 Plaintiff Paid Other Costs Date: MARCH 12, 2007 (Seal) REQUESTING PARTY: C is R. Long, onot By: Deputy 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 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. JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-249-CIVIL TERM 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: Q 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, ESQUI Attorney for Plaintiff e--~ ~°„t ~° ~ .-~ - -,,,,' -.~- --~ -c-t ..- ~ , ._}. _,.:. ..~~' ~'N. ~q . ~ ~; -~' ~ r ~ ;,,~ .~ . tw . ,CITIMORTGAGE INC. Plaintiff, v. JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT AIK/A CATHY C. PARODA . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-249-CIVIL TERM 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 ,217 WEST LOCUST STREET, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owners}: Name JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA Last Known Address (if address cannot be reasonably ascertained, please indicate) 217 WEST LOCUST STREET ENOLA, PA 17025 217 WEST LOCUST STREET ENOLA, PA 17025 2. Name and address of Defendants} 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 US TREASURY DEPARTMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CITIBANK SOUTH DAKOTA, N.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 701 EAST 60~ STREET SIOUX FALLS, SD 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) None 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 217 WEST LOCUST STREET ENOLA, PA 17025 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. ~ b ' r~ March 8, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE ~ Attorney for Plaintiff -.~ ~ -, t~ ~ ~'~_~ r~ ~ ~~ ~ ~~ y ~y L ~ 4 yJ ~~~ _ L, e U t .:a t..~3 R 'r' .. C:; CITIMORTGAGE INC. Plaintiff, v. JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA Defendant(s). CUMBERLAND COUNTY No. 07-249-CIVIL TERM Mazch 8, 2007 TO: JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II 217 WEST LOCUST STREET ENOLA, PA 17025 CATHY C. BACHERT A/K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .Your house (real estate) at , 217 WEST LOCUST STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,426.07 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, Iate 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 DESCRIPTION ALL THAT CERTAIN UNIT, being Unit No.B-3 (the "Unit"), of Locust Woods, A Condominium (the "Condominium"), located in East Pennsboro Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium for Locust Woods, a Condominium (the "Declaration"), dated June 19, 2002, recorded June 21, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 688, Page 655, as amended by First Amendment to Declaration dated August 21, 2002, recorded August 30, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 689, Page 4396, as further amended by Second Amendment to Declaration dated October 24, 2002, recorded October 25, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 691, Page 1417, and as shown on the Plats and Plans attached to the Second Amendment to Declaration as Exhibit D-2. Said Unit having a street address of 217 West Locust Street, Enola, Pennsylvania. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. UNDER AND SUBJECT to any and ail covenants, conditions, restrictions, rights-of--way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING the same premises which Jorich Land Development Corporation, a Pennsylvania Corporation, by Deed dated June 4, 2003, and recorded June 6, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 257, Page 229, granted and conveyed unto James F. Paroda, II, a single man, the Grantor herein. PARCEL IDENTIFICATION NO: 09-16-1051-037-UB3 Premises: 217 West Locust Street, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James F. Paroda, II, single person and Cathy C. Bachert, single person, as joint tenants with the right of survivorship, by Deed from James F. Paroda, II, single person, dated 12/30/2004, recorded 03/03/2005, in Deed Book 267, page 4019. r,? ~~~~~~ ~ __._~ '_~ .~ -r-i '~ ~ 1~~ N.t~ ' .~ -~ ' { ~ i { ~- .4 -; __ ~ 1 ?~ 1 Awd1 . e~ 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 147016 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 v. JAMES F. PARODA, 11 A/K/A JAMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 Plaintiff THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendants ATTORNEY FOR PLAINTIFF CUURT OF COMMON PLEAS CNIL DIVISION TERM NO. ~~ ~ ~ ~ l ~f C~ l ~~ 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 LEC;AL 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 #: 147016 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 #: 147016 1. Plaintiffis CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES F. PARODA, II A/K/A JAMES F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/04/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SIB MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1815, Page: 3043. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01 /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 #: 147016 6. The following amounts are due on the mortgage: Principal Balance $129,839.91 Interest 5,901.75 06/0 ] /2006 through O 1 / 11 /2007 (Per Diem $26.23) Attorney's Fees 1,250.00 Cumulative Late Charges 370.00 06/04/2003 to O 1 / 11 /2007 Cost of Suit and Title Search 550.00 Subtotal $ 137,911.66 Escrow Credit 0.00 Deficit 45.53 Subtotal 45.53 TOTAL $ 137,957.19 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. 0. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. JAMES F. PORADA, I[ A/K/A JAMEE F PORADA II ; No. 2004-4740; filed 09/21/2004; $208,360.97. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 137,957.19, together with interest from 01/11/2007 at the rate of $26.23 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. PHELAN HALLINAN & SC~HM~IEG~, LLP By: /s/Fr ncis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 147016 LEGAL DESCRIPTION ALL that certain Unit, being Unit No.B-3 (the 'Unit'), of Locust Woods, A Condominium (the 'Condominium'), located in East Pennsboro Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium for Locust Woods, a Condominium (the 'Declaration'), dated June 19, 2002 recorded June 21, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 688, Page 655, as amended by F' first Amendment to Declaration dated August 21, 2002, recorded August 30, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 689, Page 4396, as further amended by Second Amendment to Declaration dated October 24, 2002 recorded October 25, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 691, Page 1417, and as shown on the Plats and Plans attached to the Second Amendment to Declaration as Exhibit D-2. Said Unit having a street address of 217 West Locust Street, F;nola, Pennsylvania. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. PROPERTY BEING: 217 WEST LOCUST STREET File N, 147016 FRANCIS S. HALLINAN, ESQUIIZE 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~~~e~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~ ~. b ~t ~ ~ --Z~ t`j ~ p C.:' c-a -r7 ,' ~, ~~ _ ~' _~ %'r .~ +,- T / ~Z T PHELAN, HALLINAN ~ SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION N0.62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Citimortgage Inc., Vs. James F. Paroda, II AIK/A Jamee F. Paroda II Cathy C. Bachert A/K/A Cathy C. Paroda And The United States of America Defendants STIPULATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION County: Cumberland Filed: 01/16/2007 No. 07-249 It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 217 West Locust Street, Eno1a, PA. 17025, Pennsylvania (the "Premises") is owned by the Defendant (s). 2. The Federal Tax Lien filed against James F. Paroda, II A/IVA Jamee F. Paroda II and Cathy C. Bachert A/K/A Cathy C. Paroda is as follows: Dated: 09/21 /2004, Flied as No. 04- 4740 in the amount of $208,360.97; filed in the Court of Common Pleas of Cumberland , are junior in time to the Plaintiffs mortgage as set forth in said Complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for Plaintiff foreclosure and sale of the mortgaged property. '~;+~ ~' ~;; ~~~ '~' ,~ -~ . ~.. ./ 5. 6. 7. 8. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph ten (10) of said complaint. That the proceeds of sale shall be divided and distributed as the parties may be entitled. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: J~ ~~ 07 T Date 1 Respectfully submitted Thomas A. Marino United States Attorney By: ~~~ ~-s~,-w--- Melissa Swauger Assistant United States Attorney Attorney for United States of America PHE , HAL~INA & CHMIEG By: Daniel G. Schmieg, uire One Penn Center uburba ation Suite 1400 Philadelphia, PA 19103-1804 Attorneys for Plaintiff F&P#: 147016 C'3 na ~, ~ ~ -n ,.~ ..._ ~ ~~ ~ ~ «: ). ~., , '~` ~' ~ ~~ ~ ~ ." K~l ~ ~_ ~ { Q "C ..rte f ~ . PLAINTIFF AFFIDAVTT OF SERVICE CITIMORTGAGE INC. -rwo ~2~ /'=~ CUMBERLAND COUNTY No. 07-249-CIVIL TERM DEFENDANT(S) F. PARODA II PARODA JAMES F. PARODA, II A/K/A JAMMEE CATHY C. BACHERT A/K/A CATHY C. SERVE CATHY C. BACHERT A/K/A CATHY C. PARODA AT 217 WEST LOCUST STREET ENOLA, PA 17025 SERVED ACCT. #626381231 g Type of Action ~~5~'~~u1~ - Notice of Sheriff s Sale Sale Date: NNE 13, 2007 Served and made known to ~ ~-, hSCF~'~'r ,Defendant, on the ~?J ~~ day of n/{'~~ 200 at :x:25 ,o'clock ~.m., at b `IBS ~i- Carl t ske ~k' , 111~c-h ~" i cs 1~wr~ 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 Defendants}'s office or usual place of business. an officer of said Defendants)'s company. Other: Description: A/g~/e~ ~,~ Height ~~ Weight t ~ Race ~ Sex ~ Other I, +'~i~ 1~1~'~' ' `v Z~_ , 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 manner as set forth herein, issued in the captioned case on the date and at the address indicated above. i By: AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: / / Time: 2°a Attempt: / / Time: 3rd Attempt: / / Time: ~, ~, ~ Y~,i, r~'t(1'~ S~YC~i Sworn to and subscribed ~p ~gt f ~1(S ~ ~t~~P before me this day of .200 _. 'I~A.(CS ~ o ~~ Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 ~/ w-nm-58-Oft rrxpa+p Jtute 18, ZpOe r-a ~ ~ --n ~ - -µ' --i . ; - , r ski: ~ ~ ..~, ~ -° c~ ; a f,, ~ ~;~ .., , ~: ,; c~`= R PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage Inc. Plaintiff vs. James F. Paroda, II, a/k/a Jamee F. Paroda, II Cathy C. Bachert, a!k/a Cathy C. Paroda Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-249 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ~ ~~ ~~ ~ ~'~~~~ `" Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 147016 1 ~^.` V ~'i ~. "o tg J ~ Q o ~_ .~-.. .~ ~,~~; ~?~ .~ ~ ~ ~ '" r, .~~ ..,~ Q .~ C~ ""~ Citimortgage Inc. VS James F. Paroda, II & Cathy C. Bachert In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-249 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. Sheriffl s Costs: Docketing $30.00 Poundage 288.70 Levy 15.00 Mileage 15.36 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Surcharge 30.00 ~p'1 $ 396.73 ~~.~, D~ ~~~ R. Thomas Kline, Sheriff BY '`,~~ 0~,~-I ~Y'+r~iti Real Estate Sergeant ~~~5~$ .~ 5 C~ ~q~g33 '~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-249 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II AND CATHY C. BACHERT A/K/A CATHY C. PARAODA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION . (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 $139,426.07 L.L. $.50 Interest FROM 3/8/07 TO 6/13/07 (PER DIEM - $22.92) - $2,223.24 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $253.00 Other Costs Plaintiff Paid Date: MARCH 12, 2007 Curt' R. Long, nota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1b17 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for; PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 84 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 217 West Locust Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 By: ~' Real Estate ergeant ~~ ~~ ~ ~ i j ~`'~~ ti~JT .. CITIMORTGAGE INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JAMES F. PARODA, II CIVIL DIVISION A/K/A JAMMEE F. PARODA II CATHY C. BACHERT N0.07-249-CIVIL TERM A/K/A CATHY C. PARODA Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 X217 WEST LOCUST STREET. ENOLA. PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA Last Known Address (if address cannot be reasonably ascertained, please indicate) 217 WEST LOCUST STREET ENOLA, PA 17025 217 WEST LOCUST STREET ENOLA, PA 17025 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 ,. US TREASURY DEPARTMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CITIBANK SOUTH DAKOTA, N.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 701 EAST 60~ STREET SIOUX FALLS, SD 0 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 217 WEST LOCUST STREET ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Boz 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 1$ Pa. C.S. Sec. 4404 relating to unsworn falsification to authorities. 1 _ ~ d r- March 8, 2007 ' ' DATE DANIEL G. SCHMIEG, ESQUIRE ~ Attorney for Plaintiff CITIMORTGAGE INC. _ Plaintiff, v. CUMBERLAND COUNTY No. 07-249-CIVIL TERM JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II CATHY C. BACHERT A/K/A CATHY C. PARODA Defendant(s). March 8, 2007 TO: JAMES F. PARODA, II A/K/A JAMMEE F. PARODA II 217 WEST LOCUST STREET ENOLA, PA 17025 CATHY C. BACHERT A/K/A CATHY C. PARODA 217 WEST LOCUST STREET ENOLA, PA 17025 * *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 ADISCHARGE I1V BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .Your house (real estate) at , 217 WEST LOCUST STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 13.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,426.07 obtained by CITIMORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale incompliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Saie, 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: X215) 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 X2151563-7000. 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 (71'~ 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 maybe entitled to a shaze 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