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HomeMy WebLinkAbout03-1815 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 CITIFINANCIAL MORTGAGE COMPANY, INC. FIKJA CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 8333 RIDGE POINT DRIVE IRVING, TX 75063 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM , NO. 03-lf/s ~(vII v. RONALD E. LAMBERT MARIAN PATRICK A/KJA MARIAN R. PATRICK STAR D. LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 5000195938 IF TIDS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS 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. 1. Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC. F/KJA CITIFINANCIAL MORTGAGE CONSUMER DISCOUNf COMPANY 8333 RIDGE POINT DRIVE IRVING, TX 75063 2. The name(s) and last known addressees) of the Defendant(s) are: RONALD E. LAMBERT MARIAN PATRICK NK/A MARIAN R. PATRICK STAR D. LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/19/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1755, Page 2802. 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 09/01/02 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01102 through 04/01103 (Per Diem $34.30) Attorney's Fees Cumulative Late Charges 03/19/02 to 04/01103 Cost of Suit and Title Search Subtotal $126,759.60 8,334.90 1,250.00 0.00 550.00 $136,894.50 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $136,894.50 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. lfthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $136,894.50, together with interest from 08/01102 at the rate of $34.30 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. AU. TllAT CERTAIN piece or pII'COl of laud, tiaIarc ill HlID1pdec Towusbip (off_ Clearvlcw Fan~), CdmbetJanc! Coaar.y, PemllylV1Dla, mare particularly bounded ami described lIS fanaws. CO "it: BE( IINNJNO at . poiDt 01S dat Wem:rly side ot EJmwaad Court which poinE lilt the division liDc of L OCI NOI. 208 1114 209 Ola die .IIr:n:ioIIIfte maJ~ pia of 1aCI~ 1he:ace SoadlIeVeat,Y...seveD dcI' ec:s fb:ty miDDIeS Wac aloDC aid division 1iac . distIIJICC of cipty-oDe aad twcDtY-seYCIl ODe'lImdrr:ddJ.I '* 10 . poi1lC II tile dI"vitioa.1iae bctWeeD Lets Nos. 20.9 aucl178 on said plan: tJzc: ce NortIa twO Clesrees 1blrty-aiDc miDUf.a Wac akm& aaiCI dlvisioD liDe lb2d bcyopd. a diaCaDce of o:ac JaDadp:d stftaly teec to . paim au the Soudurntlide ot Loc No. 104 011 said pJm; tbcuce Sou h fony..cwo dt:peeIlWt4cy..~ raillutc:r .East aloac the divisloa Unc b~ Locs NOlI. 210 ud 209 a ~ of GIll: haadred 1my-two lid ~ QDc-huadredw feet to a paine oa tbc Wf:J tetJy side otBlmwood Cotut; IIlCDCC in I Sodrhcrly dirtcaod in an arc alone I!ImWOocl Coull I d~ lClIIa otbty-ftve tcec EO I poD. tbc place ofB2GlNNlNG. iT IIEINO Lot No. 209 ad the 0aIcral P!Aa ot SccUoD 2 ad 3 of C1=t"'Iicw Farma r=orded In PWI Beak 9. pap d. . HA lING tbereaJl erected I siaJlc: brick riA type dweWng. said ptemisc3 beiDa tnown and zmaberalu NulDbet 3 I!Jm'MJOd Comt. VERIFICATION DIANNE WHATLEY hereby states that she is NORTHEAST REGIONAL MANAGER ofCITIFINANCIAL MORTGAGE COMPANY, INC., mortgage servicing agent for the plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her 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 OrJ 09) ~) ~~.~ DIANNE WHATLEY Q n ( ~ ~ U'l ,:, i ~ ~ ~ " v; l: - ..........., 0 r \.N ~ E)'- ~ ~ .-' ~ .- ~\) "'{) - I"':' ~ Vi " '. ~ o.v ..t:I J.j ~ ~ ~ . , ... SHERIFF'S RETURN - REGULAR CASE NO: 2003-01815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS LAMBERT RONALD ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMBERT RONALD E the DEFENDANT at 1317:00 HOURS, on the 30th day of April , 2003 at 3 ELMWOOD COURT CAMP HILL, PA 17011 by handing to MARIAN PATRICK, MOTHER IN LAW 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: Docketing Service Affidavit Surcharge 18.00 8.97 .00 10.00 .00 36.97 So Answers: . /.:;1 ?-"':.:;,,: r~ "/,,.. ..~.-? "L4 ~~..""..,~'- '~,..:;,.~~- """ R. Thomas Kline 05/01/2003 FEDERMAN & Sworn and Subscribed to before me this ~ 7 ~- day of ~ .2UV..3 A.D. 0;; Q, >>., it,,, '44' rothonotary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS LAMBERT RONALD ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PATRICK MARIAN AKA MARIAN R PATRICK the DEFENDANT , at 1317:00 HOURS, on the 30th day of April , 2003 at 3 ELMWOOD COURT CAMP HILL, PA 17011 by handing to MARIAN PATRICK 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: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 :r~~ R. Thomas Kline 05/01/2003 FEDERMAN & Sworn and Subscribed to before By. me this <c;, 7-- day of ~ J.ce3 A.D. Ck a ~ /J ..~ )n.~~t.~ P othonotary I ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS LAMBERT RONALD ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMBERT STAR D the DEFENDANT , at 1317:00 HOURS, on the 30th day of April , 2003 at 3 ELMWOOD COURT CAMP HILL, PA 17011 by handing to MARIAN PATRICK, MOTHER 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: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ,::J/ cl #/-J'r;.~-" riJ~.n~~rL-f'~~ R. Thomas Kline 05/01/2003 FEDERMAN & Sworn and Subscribed to before By: h' 7.'~ me t J. S - day of =n ~a A.D. I" ~PLJ .- 'Pro honotary ,~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITlFINANCIAL MORTGAGE COMPANY, INC. F/K1A CITIFINANCIAL MORTGAGE 8333 RIDGE POINT DRIVE IRVING, TX 75063 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 03-1815 CV RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICK A/K1A MARIAN R. PATRICK Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RONALD E. LAMBERT. STAR D. LAMBERT and MARIAN PATRICK AlKJA MARIAN R. PATRICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/1/03 to 6/5/03 TOTAL $136,894.50 $2,263.80 $139,158.30 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. 3fL1/.1J. ,:Jekr-M1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. (t .. M/1~ PRO PROTHY K I'rr;ry. DATE: (r ({, U3 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 'i) 'ihl-7000 ! CI1lrIi""-,,,CiAL MORTGAGE COiviPAi,-~-, Ii"C. I : COliRT OF COiVIMOI" PLEAS ElK/A CITIFINANCIAL MORTGAGE DISCOUNT COMPANY : CNIL DNISION Plaintiff : CUMBERLMD COUNTY Vs. : NO. 03-1815 CV RONALD E. LAMBERT MARIAN R. LAMBERT STAR D. LAMBERT Defendants TO: MARIAN R. LAMBERT 3 ELMWOOD COURT CAMP lULL, PA 17011 DATE OF NOTICE: MAY 21, 2001 TIllS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. TIllS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT TIlE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAlNED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. TMPORTANTNOTICR 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~ -7 -- ~ --/ Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ';) 'i1i"1_7000 CITIFINANCIAL MORTGAGE COMPANY, INe. : COURT OF COMMON PLEAS F/K/A CITIFINANCIAL MORTGAGE DISCOUNT COMPANY: CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 03-1815 CV RONALD E. LAMBERT MARIAN R. LAMBERT STAR D. LAMBERT Defendants TO: STARD.LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 DATE OF NOTICE: MAV21, 200"1 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENl'ORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTTCR 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 -::;3::; :::- ./ Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (?1 'i\ 'i1\1-7000 CITIFINANCIAL MORTGAGE COMPANY, INe. : COURT OF COMMON PLEAS F/KJA CITIFINANCIAL MORTGAGE DISCOUNT COMPANY : CNIL DIVISION Plaintiff : CUMBERLMD COUNTY Vs. : NO. 03-1815 CV RONALD E. LAMBERT MARIAN R. LAMBERT STAR D. LAMBERT Defendants TO: RONALD E. LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 F" e f\"~N DATE OF NOTICE: M A V 21 r 200J THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO GOLLECT 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. JMl>ORT A NT NOTICF 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 (10) 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 notice to a lawyer at once. If you do not have a 'lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~- ~"? Frank Federman, Esquire Attorney for Plaintiff j~ ~ c, ~ ~~d ~ t 'N '(;; ~l ~ ~~ ~\ is iJ ~ go f' " --- , \.)-- ~ i ~ n c ~ -u0_~ .~ nlCli .,_ ~2'-1 - (f) " ~_ ~~~. ~~c''-_:. ,;"' r"~', Z ~ (~;, C) 'J') , :'1 ;!_} FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPffiA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC. F/KIA CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY 8333 RIDGE POINT DRIVE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 03-1815 CV RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICK AfKJA MARIAN R. PATRICK Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUlRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RONALD E. LAMBERT, is over 18 years of age and resides at, 3 ELMWOOD COURT, CAMP HILL, PA 17011 . (c) that defendant MARIAN PATRICK AJK/A MARIAN R. PATRICK is over 18 years of age, and resides at, 3 ELMWOOD COURT, CAMP HILL, PA 17011. (d) that defendant STAR D. LAMBERT, is over 18 years of age and resides at, 3 ELMWOOD COURT, CAMP HILL, PA 17011 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J .(L(J,I1P. dw"""JI/lII FRANK FEDERMAN, ESQUlRE Attorney for Plaintiff () C :5:: -oCI:) mrTl 2:" 2']" 9). r::: )::"": '~". Z\...~., --c: Pc Z -:J -, ('.:J c':: ~= , , :,'1 .'.",.. ~,:; ..~ (J' --"" ~~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITlFINANCIAL MORTGAGE COMPANY, INC. F/K/A CITlFINANCIAL MORTGAGE Plaintiff, v. No. 03-1815 CV RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICKAlK/A MARIAN R. PATRICK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $139,158.30 ./ Interest from 6/5/03 to SEPTEMBER 3, 2003 (per diem -$22.88) $2,059.20 and Costs TOTAL $141,217.50 Jfl.llJlA. ,-]JI. .Qf.J~ . FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. .... .... .... .... 00 r--r-- .... .... :;:; ro.:$ ~ ...LJ" ~~ ~~ """" OZ ... ... "'~ ~[J ~... Z == i:l:I< 0 =-=- <"" =-~ ~=- ... 88 ;:s:>< ... ~~ j=c: ;::J =-'" ZZ 00 U ~~ Q~ ~'"" ~.: .,,; OZ >< ::: ~t; ~:;J ~Q: ~ = i:::: ;::J~ ~ ~ . ~~ ro. ~ .~ 00 <l) '" 0:>< [J'" 0.. .~ uu <l) u~ ~~ ... ::: ~ .n ~~ - QQ .; Q:~ ~ ~ ro.;::J ... .... 00 00 Oz ~ ~ ..9 ~o E ...u ~... ~< .... '" :;Je Q:i .. <l) ~~ .... Q:iQ ~o <l) o OIl E ~ ;::JZ ro.i ~ ""~ 0< titi ""Q: 0. t;6 ~~ <l) uCi2 ~~ .... ..., ..., .... ~~ ~< ... JJ =i:l:I Q=- U 0; ~ ...~ sri; ~~ ~ '" ... . -i:i ~ Z;::J ...u <l) "'u ...Z ~~ - ~ u'" i:i:: ~ ALL THA T CERTAIN piece or parcel of land, situate in Hampden Township (off the Clearview Farms), Cumberland County, Pennsylvania, more panicularly bounded and described as follows to wit: BEGINNING at a point on the Westerly side of Elmwood Coun which point is at the division line of Lots Nos, 208 and 209 on the hereinafter mentioned plan of lots; thence South seventy-seven degrees forty minutes West along said division line a distance of eighty-one and twenty-seven one-hundredths feet to a point at the division line between Lots Nos. 209 and 178 on said plan; thence Nonh two degrees thirty-nine minutes West along said division line and beyond a distance of one hundred seventy feet to a point on the Southern side of Lot No. 104 on said plan; thence South forty-two degrees twenty- five minutes East along the division line between Lots Nos. 210 ancl209 a distance of one hundred fifty- two and eighteen ope-hundredths feet to a point on the Westerly :iide' of Elmwood Court; theIJ.ce in a Southerly direction in an arc along Elmwood Court a distance of forty-five feet to a point, the place of beginning. , IT being Lot No. 209 on the General Plan of Section 2 and 3 of Clearview Farms recorded in Plan Book 9, page 6. HA VING thereon erected a single brick ranch type of dwelling, said premises being known and numbered as Number 3 Elmwood Court. Tax Parcel #21-0279-127 ... TITLE TO SAID PREMISES IS VESTED IN Marian Patrick. widow, an undivided one-half (1/2) interest, and Star D. Lambert and Ronald E. Lambert, wife and husband, as tenants by the entireties, an undivided one-half (1/2) interest, their heirs and assigns, as joint tenants with the right of survivorship between each one-half (1/2) interest, not as tenants in common by Deed from Marian Patrick, widow dated 8/24/2000, recorded 8/29/2000, in Deed Book 228, Page 103. F~ ............ ~ ~ - 6' .\3 ~ , ~ -- - ~~ ~ cJ ~ ~ ~()J <S' .0-\ ~ .j' 'fJ o c> c '-", ;.:::.-- -0 (~i ~.,,- 92 ql :.~~ -:;" r . (fj' _.' ~iL ~~ -, =< __.J . ~ C) -il ~o -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-1815 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFlNANCIAL MORTGAGE COMPANY, INC., FIKIA CITIFINANCIAL MORTGAGE Plaintiff (s) From RONALD E. LAMBERT, STAR D. LAMBERT, MARIA!' PATRICK AlKJA MARIAN R. PATRICK, 3 ELMWOOD COURT, CAMP fiLL PA 17011., (I) You are directed to levy upon the property of the defendant (,)and to sell REAL ESTATE LOCATED AT 3 ELMWOOD COURT, CAMP fiLL PA 17011 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not ;evied 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 (,) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $139,158.30 L.L. $.50 Interest 6/5/03 TO 9/3/03 @ $22.88 PER DIEM = 2,059.20 Ally's Corom % Due Prothy 1.00 Ally Paid $150.97 Other Costs Plaintiffpaid Date: JUNE 11, 2003 (Seal) CURTIS R. LONG prothOifryj 2J . By: \ ~ f i !LlvJ'Jo1^O / , Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQIDRE Address: ONE PENN CENTER@ SUBURBAN STATION 1617JFKBLVD.,SIDTE 1400 PIDLADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC. F/KJA CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RONALD E. LAMBERT, STARD.LAMBERT, MARIAN PATRICK A/KJA MARIAN R. PATRICK NO. 03-1815 CV Defendant(s). CERTIFICATION FRANK FEDERMAN, 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. 3.iVJMp. 'T~ FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff g c:. C) w -'r'l g: r._ ...! -0 G rnr-;-' --c,'" z-. ?-=t': ClJL )~ ~;)t --- ~ .'1;,""1 , !~=,~ -'n : (~) )',"1 C ,-n re.. ...1, :C.:: - :.<i _":.J .~ -< CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICK AlKJA MARIAN R. PATRICK CIVIL DIVISION NO. 03-1815 CV Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITlFINANCIAL MORTGAGE COMPANY. INC. FIKJA CITlFINANCIAL MORTGAGE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 .3 ELMWOOD COURT. CAMP HILL. P A 17011 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD E. LAMBERT, STAR D. LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 MARIAN PATRICK AlKJA MARIAN R. PATRICK 3 ELMWOOD COURT CAMP HILL, P A 17011 2. Name and address ofDefendant(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) None (") t:::; C w <" -orL- ~._ D;!'P Zi. (f) ~>. .0::..(' j::: (" I~~) -';":: ::::3 -< (""1 o -n c'.:) ~ ;~;_J rn , ;--,,: 22 CITIFINANCIAL MORTGAGE COMPANY, INC. FIKIA CITIFINANCIAL MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 03-1815 CV v. RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK A/KJA MARIAN R. PATRICK Defendant(s). June 5, 2003 TO: RONALD E. LAMBERT, STAR D. LAMBERT, AND MARIAN PATRICK AlKlA MARIAN R. PATRICK 3 ELMWOOD COURT CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. " Your house (real estate) at. 3 ELMWOOD COURT. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3. 2003 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforco~ the court judgment of$139.158.30 obtained by CITIFINANCIAL MORTGAGE COMPANY. INC. F/KlA CITIFINANCIAL MORTGAGE (the mortgagee) against you. In the event the salt: 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: I. 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. ALL THAT CERTAIN piece or parcel of land, situate in Hampden Township (off the Clearview Fanus), Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the Westerly side of Elmwood Court which point is at the division line of Lots Nos. 208 and 209 on the hereinafter mentioned plan of lots; thence South seventy-seven degrees forty minutes West along said division line a distance of eighty-one and twenty-seven one-hundredths feet to a point at the division line between Lots Nos. 209 and 178 on said plan; thence North two degrees thirty-nine minutes West along said division line and beyond a distance of one hundred seventy feet to a point on the Southern side of Lot No. 104 on said plan; thence South forty-two degrees twenty- five minutes East along the division line between Lots Nos. 210 and 209 a distance of one hundred fifty- two and eighteen ope-hundredths feet to a point on the Westerly side of Elmwood Court; thence in a Southerly direction in an arc along Elmwood Court a distance of forty-five feet to a point, the place of beginning. , IT being Lot No. 209 on the General Plan of Section 2 and 3 of Clearview Farms recorded in Plan Book 9, page 6. HAVING thereon erected a single brick ranch type of dwelling, said premises being known and numbered as Number 3 Elmwood Court. Tax Parcel #21-0279-127 ... TITLE TO SAID PREMISES IS VESTED IN Marian Patrick, widow, an undivided one-half (1/2) interest, and Star D. Lambert and Ronald E. Lambert, wife and husband, as tenants by the entireties, an undivided one-half (1/2) interest, their heirs and assigns, as joint tenants with the right of survivorship between each one-half (1/2) interest, not as tenants in common by Deed from Marian Patrick, widow dated 8/24/2000, recorded 8/29/2000, in Deed Book 228, Page 103. , (') c <"" "1Jct; Q}[[ F_.. Zc el;;, -<; r;.. 5-:;'r- ;c:--= {_.: 5>C: z :;! C.' c,.. '- ''"\."J --I =~J -< n. - Citifinancial Mortgage Company, Inc. fi'kla Citifinancial Mortgage VS Ronald E. Lambert, Star D. Lambert and Marian Patrick alkla Marian R. Patrick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1815 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Postpone Sale Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 15.41 15.00 15.00 20.70 15.00 40.00 20.00 .50 1.00 339.80 244.54 28.90 $ 785.85 paid by attorney 12/22/03 . Sworn and subscribed to before me So Answers: .;,'') ....."/',' ~' P/.A?' This 3 i.,J- day of ",-C.:. 'tA)7........, .r" ...~lt~f"""'i;;.a~.,.c '1'~~ R. Thomas Kline, Sheriff 2003,A.DC )1~ Cl )}0fl'-v'~BY J6r1JJJWIJv'~ Prothonotary Real E~t~ Deputy ).:>0 Ul.... I.j 2> J. 'l3 Ru-- /'Is90 r-- 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 Ass!. 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-Ih.a... 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 22nd and 29th day(s) of July and the 5th day(s) of August 2003. 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 SALE#68 ......~....................... Sworn to d bscribed bef~ this 13th d I of ~t 2003 A.D. TaoyL.=~~Public {f. ~ ~ atyOlHarlisburg,DauphinCounly NOTARY PUBLIC MyC<JmmiSSionExpiresJune6.2006 1y commission expires June 6, 2006 Member. Pems;1vanla Association Of_ CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 ~f Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 242.79 1.75 244.54 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ~-~-----_. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 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, VlZ: JULY 18, 25, 2003 AUGUST 1, 2003 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. REAL ESTATE 8ALE NO. 68 ~M~'~ SWORN TO AND SUBSCJBED before me this 1 day of AUGUST,2003 --' Writ No. 2003-1815 Civil Citifmancial Mortgage Company, Inc.. f/k/a Citillnancial Mortgage VS. Ronald E, Lambert. Star D. Lambert and Marian Patrick. afkf a Marian R. Patrick Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land. situate in Hampden Township (off the Clearview Farms). Cumberland County. Pennsylvania, more particularly bounded and de- scribed as follows to wit: BEGINNING at a point on the Westerly side of Elmwood Court which point is at the division line of Lots Nos. 208 and 209 on the here- inafter mentioned plan of lots; thence South seventy-seven de- grees forty minutes West along said division line a distance of eighty-one and twenty-seven one-hundredths feet to a point at the division line between Lots Nos. 209 and 178 on said plan: thence North two degrees thirty-nine minutes West along said division line and beyond a distance of one hundred seventy feet to a point on the Southern side of Lot No. 104 on said plan: thence South forty-two degrees twenty-five min- utes East. along the division line between Lots Nos. 210 and 209 a distance of one hundred fifty-two and eighteen one-hundredths feet to a point on the Westerly side of Elmwood Court; thence in a South- erly direction in an arc along Elm- wood Court a distance of forty-five feet to a point. the place of begin- ning. IT being Lot No. 209 on the Gen- eral Plan of Section 2 and 3 of Clearview Farms recorded in Plan dc-w<4a~%~~~~. ~~01A, ,JJU; >::iJ:.;;,,~1.-N~1t .. L^"'", <-,.....'m",,~ """",v '" ."''-' ' ~1.;.,-::.4!""'_'-~J'I.l.ju." rUUld\., ~ 1.t1~-:;=~~ i , ALL Inl'u '._d,-'~"'~.. parcel of land. situate in Hampden Township {off the Clearview Farms). Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows to wit: BEGINNING at a point on the Westerly side of Elmwood Court which point is at the division line of Lots Nos. 208 and 209 on the here- inafter mentioned plan of lots: thence South seventy-seven de- grees forty minutes West along said division line a distance of eighty-one and twenty-seve.n one-hundredths feet to a point at the division line between Lots Nos. 209 and 178 on said plan: thence North two degrees tWrty-nine minutes West along said division line and beyond a distance of one hundred seventy feet to a point on the Southern side of Lot No. 104 on said plan: thence South forty-two degrees twenty-five min- utes East. along the division line between Lots Nos. 210 and 209 a distance of one hundred fifty~two and eighteen one-hundredths feet to a point on the Westerly side of Elmwood Court: thence in a South- erly direction in an arc along Elm- wood Court a distance of forty~five feet to a point. the place of begin- ning. IT being Lot No. 209 on the Gen- eral Plan of Section 2 and 3 of C1earview Farms recorded in Plan Book 9. page 6. HAVING thereon erected a single brick ranch type of dwelling. said premises being known and num- bered as Number 3 Elmwood Court. Tax Parcel #21-0279-127. TITLE TO SAID PREMISES IS VESTED IN Marian Patrick. widow. an undivided one-half (1/2J inter- est. and Star D. Lambert and Ronald E. Lambert. wife and husband. as tenants by the entireties. an undi- vided one~ha1f (1/2) interest. their heirs and assigns. as joint tenants with the right of survivorship be- tween each one~half (1/2) interest. not as tenants in common by Deed from Marian Patrick. widow dated 8/24/2000. recorded 8/29/2000. in Deed Book 228. Page 103. --1 , I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIFINANCIAL MORTGAGE COMPANY, INe. F/KlA CITIFINANCIAL MORTGAGE Plaintiff, v. No. 03-1815 CV RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK A/KJA MARIAN R. PATRICK Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $139,158.30 Interest from to MARCH 2, 2005 (per diem -$22.88) $14,414.40 and Costs TOTAL $153,572.70 ~G~ DANIEL G. SCHMIEG, EsrQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must 'be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. - l -- -- == .......... - - ~~ " " ~~ ~ ~~ Iooool Iooool ~;:$ ~~ == '" Z ~~ O~ ~~ ~~ ~~ ~~ 0 )oool 00> ~ uu ;1~ ~~ ;J ~~ " " "'Ci ~oo ~~ U ~~ Q) 00 =~ ~~ i:: ~z ~~ It: ~~ Q) Zz ~~ j;;Iil == .n 00 tI} o~ fIl UU Q) ~~ ~ Q ,J:) ~~ ~~ Ou == ~ ~ '" Q,) ~Iooool ~ ... 00 O~ U "< ;~ ~M 00 S ~~ r.ti .tS uz > ~~ .~ >. ~~ ~ ~~ Oz ~~ lE Q) 00 ~s ~:.o g. u ~~ 01:: g ~~ p. ~= ~E= j;;Iil~ Q) ~ Q <: f"'l f"'l t) ~~ Ioooollooool ~~ ~6 ~ 8~ uU .~ ~ 1 ~< ~< Iooool ,Ui U 'tI} =~ .(j,) ~~ zg ~~ ~ ~ ~ == s~ .- ~~ . ... Iooool . ~ z~ ~u ~~ ~ 1.4 IoooolZ "".:lo-" ;0 ....._~ U Ulooool Ji rJ; ~i ~ ...:t.. ., r-- - ~~~,~ ~s ,--, iJ_.l~~ - ~~~ 5~ ~ ' .j:',:F -I- t"~ -., :" ....::J 9t-.) II) . J~ r~... c".... I trj 13: :~-'" 3 .:::::::\u <.0:) t.e.. 'J- Z ~~:~.~ f'. -- _T ':'.) t.5- c--::> i7t.~ I''''~''' ~ () 1i ,_, c--.J '- '- (:::q ... '- "- ... '- ... ';:; .... -.I ~ -- ~ {;, ... .. - ... '-.9 tt---r- ... ... .... .... .. ~ct) d ~ ... ri .. - . ^ -.l I I I , I I ~ v, <J 8 \) ~ () () () r< f1 "' ~ C'" C ~ 0 ~ ~ 0 () l"t} . ~~ ~ . ~~ti~~ . ...j ~ & ~ ~ ::r ej(::/. C2 "t'?- ~ )cr ~ LEGAL DESCRIPTION ALL THAT CERTAIN piece Or parcel of land. situate in Hampden Towpship (off the Clearview Farms). Cumberland County. Pennsylvania. more particularly bounded and described as fo.llows to wit: BEGINNING at a point on the Westerly side of E1mwood Court whicJ1 point is at the di\'isi01l1ine of Lots Nos. 208 and 209 Qn the hereinafter mentioned plan of lots; tbence South seventy-seven degrees forcy Jllinutes West along said division line a distance of eighty-one and twenty-seven one-hundredths feet to a point at the division line between Lots Nos. 209 and 178 on said plan; thence North, two. degrees thirty-nine minutes West alo.ng said division line and beyond 8 distance of one hundred'seventy feel (0 a point on the Southern side of Lot No.. 104 on said plani thence SouttI forty-.twO <1egrees twenty- ' five minutes East along the divi&ion line between Lots Nos. 210 an4 209 a distance of one hUlldred fifty- two and eighteen oJlC-hUDd.redths feet to a point on the Westerly side of Bhnwood Court; ~ in a Southerly direc..'tion in an arc along Elmwood Court a distance Oof forty-five feet m a point. die place of beginning. . IT being Lot No. 209 on the General Plan of Seedon 2 and 3 of Clearview Farms rocorded in Plan BooIc 9. page 6. HA VlNG thereon erected a single brick ranch type of dwelling. said premises bciDg known and ' numbered as Number 3 Elmwood. Courl un J;j~ TO St\lp PREMlSF.s IS VESTED IN Marian Patrick, widow, an undivided one-half (112) interest, and Sw D. Lambert and Ronald E. Lambert, wife and husband, as terumti by the entireties, an undivided one-half (1/2) interest, their heirs and assigns, as joint tenants with tJ)e right of survivorship between each one-balf (112) i.ntere:st, not as tcnaDts in QOIILID.OI1 by Deed from Marian Patrick. Widow dated 8/24/2000. recorded 8/29/2000. in Deed Book 228, Page 103. PROPERTY ADDRESS: 3 ELMWOOD COURT, CAMP HILL, PA 17011 TAX PARCEL: #21-0279-127 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1815 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A CITIFINANCIAL MORTGAGE, Plaintiff (s) From RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICK AlK/A MARIAN R. PATRICK (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 gamishee(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) Ifproperty 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,158.30 L.L. Interest FROM 3/2/05 (PER DIEM - $22.88) - $14,414.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $949.32 Other Costs Plaintiff Paid Date: NOVEMBER 5, 2004 (Seal) CURTIS R. LONG ProthonJtry ~IJ~ ,_Po 7f/VV7' c.r-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PffiLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1815 Civil CML ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITlFINANCIAL MORTGAGE COMPANY, INC. F/KI A CITIFlNANCIAL MORTGAGE, Plaintiff (s) From RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICK AJKJA MARIAN R. PATRICK (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) Ifproperty 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 $139,158.30 L.L. Interest FROM 3/2/05 (PER DIEM - $22.88) - $14,414.40 AND COSTS Arty's Corom % Due Prothy $1.00 Arty Paid $949.32 Other Costs Plaintiff Paid Date: NOVEMBER 5, 2004 CURTIS R. LONG (Seal) Prothonot,-r p 7n ~ ltv: Leh t7/'}o. JI? - .. / {~IJ' Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court In No. 62205 FEDERMAN and PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK AIKIA MARIAN R. PATRICK NO. 03-1815 CV Defendant( s). 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. ~ & ~I'~ DANIEL G. SCHMIEG, E~UIRE Attorney for Plaintiff 0 r....:l 0 => c = -n ..::..- '.. :;;~: --I r~ I c:' :T.-n ,. ' --:;;:;.: [rt {-=:. \1 i-'n I ,- 01 'X i" () -(1 (' :z::'" ::c: :J.;: () (:J - jTl c:: - ;~ -'j - USBC PAM - LNE - V2.5 - Docket Report Page 1 of5 CREDS, CLAIMS, 341Held, PinCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-05101-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 08/29/2003 Star D Lambert 3 Elmwood Court Camp Hill, P A 17011 SSN: xxx-xx-8595 Debtor represented by Albert N Peterlin Gates Halbruner and Hatch PC 1013 Mumma Road Suite 100 Lemoyne, P A 17043 717 731-9600 Ronald E Lambert 3 Elmwood Court Camp Hill, P A 17011 SSN: xxx-xx-8627 Joint Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (717) 221-4515 Asst. U.S. Trustee represented by Albert N Peterlin (See above for address) Filing Date # Docket Text 10/27/2004 33 Certificate of Default case to be dismissed Filed by Trustee (RE: related document(s)24 ). (dehart, ill(ds), Charles) (Entered: 10/27/2004) https://ecf.pamb. uscourts.gov/cgi-binIDktRpt.pl?7 42498046889848- L _82_0-1 11/3/2004 USBC PAM - LIVE - V2.5 - Docket Report Page 2 of5 08/27/2004 ~-~ Order re: Certificate of Default (RE: related docuinent(s)[13], [31] ). (Attachments: # 1 Certificate of Service) (KZ) (Entered: 08/30/2004) 08/26/2004 31 Certificate of Default Filed by Judith Romano Of Federman & Phelan on behalf of Citifinancial Mortgage Company, Inc. fIkIa Citifinancial Mortgage (RE: related document(s)[13], [29], lQ). (NP) (Entered: 08/26/2004) 06/24/2004 30 Order approving Stipulation (RE: related document(s)25, '[29] ). (Attachments: # 1 Certificate of Service) (KZ) (Entered: 06/24/2004) 06/22/2004 29 Stipulation to Vacate the Relief Order and Reinstate the Automatic Stay Filed by Judith Romano of Federman & Phelan on behalf of Citifinancial Mortgage Company, Inc. flk/a Citifinancial Mortgage (RE: related document(s) 16, [13] ). (KZ) (Entered: 06/22/2004) 06/14/2004 28 Correspondence to the parties regarding compliance with the Bankruptcy Practice Order and Forms (BPO) (l'e: captions) (RE: related document(s)[27] ). (KZ) (Entered: 06/15/2004) 06/14/2004 27 Stipulation to Vacate the Relief Order and Reinstate the Automatic Stay Filed by Judith Romano of Federman & Phelan on behalf of Citifinancial Mortgage Company, Inc. flk/a Citifinancial Mortgage (RE: related document(s)16 ). (KZ) (Entered: 06/14/2004) OS/27/2004 26 Certificate of Mailing by Clerk's Office (RE: related document(s) 25 ). (Attachments: # 1 Pro Memo) (KZ) (Entered: OS/27/2004) OS/26/2004 2_5 Proceeding Memo re: hearing held on Motion of Debtors for reconsideration of order granting CitiFinancial Mortgage relief from stay. Settled - Order that Stipulation be filed within 30 days or proceeding will be dismissed without prejudice; (RE: related document(s)[18], [20]). Stipulation due 6/25/2004. (EW) (Entered: OS/26/2004) 05/06/2004 24 Order approving Stipulation (RE: related document(s)2J ). (Attachments: # 1 Certificate of Service) (KZ) (Entered: 05/06/2004) 04/2812004 23 Stipulation by debtor and Ch. 13 trustee Filed by Trustee (RE: related document(s)17). (Attachments: # 1 Proposed Order) (dehart, Ill(ds), Charles) (Entered: 04/28/2004) https://ecf.pamb.uscourts.gov/cgi-binIDktRpt.pl?7 42498046889848- L _82_0-1 11/312004 CITIFINANCIAL MORTGAGE COMPANY, INe. FIK/A CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK AlKJA MARIAN R. PATRICK NO. 03-1815 CV Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CITIFINANCIAL MORTGAGE COMPANY. INC. F/K/A CITIFINANCIAL MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at.3 ELMWOOD COURT. CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name . Last Known Address (if address cannot be reasonably ascertained, please indicate) , RONALD E. LAMBERT, STARD. LAMBERT 3 ELMWOOD COURT . CAMP HILL, P A 17011 MARIAN PATRICK A/K/A MARIAN R. PATRICK 3 ELMWOOD COURT CAMP HILL, PA 17011 2. Name and address ofDefendant(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) None 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 3 ELMWOOD COURT CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 authoriti"es. November 3. 2004 DATE ~~f G. 1,r~D~ . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CITIFINANCIAL MORTGAGE COMPANY, INC. F/KJA CITIFINANCIAL MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 03-1815 CV v. RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK AlKJA MARIAN R. PATRICK Defendant(s). N<:1vember 3, 2004 TO: RONALD E. LAMBERT 3 ELMWOOD COURT CAMP HILL, P A 17011 STAR D. LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 MARIAN PATRICK A1KfA MARIAN R. PATRICK 3 ELMWOOD COURT CAMP HILL, P A 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN 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. 3 ELMWOOD COURT. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of~139.158.30 obtained by CITIFINANCIAL MORTGAGE COMPANY. INC. F/KfA CITIFINANCIAL MORTGAGE (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 tl 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'HA VE 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 h~ghest 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. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain t4e owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount d.ue 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 Qfthe 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 n~t present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE . CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALl.. THAT CERTAIN piece or parcel of land, situate in Hampden Towpship (off the Clearview Farms). Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING llt a point on the Westerly side of Elmwood Coon whicJ1 point is at the division line of Lots Nos. 208 and 209 on the hereinafier mentioned plan of lots; thence South seVe1lty-seven degrees forty rnml.Ues West along said division line a distance of eighty-one and twenty-seven one-hundredths teet to a point at the division line between Lots Nos. 209 and 178 OD said plan; thence North. two degrees thirty-nine minutes West along 8ajd division line and beyond 8 dista.nce of one hundred 'seventy feel to a point on the Soothern side of Lot No. 104 on said plan; thence Soutb forty-.twa degrees twenty- ' five mim.Jtes Bast along the divis.ion line between Lots Nos. 210 and 209 a distance of one hundred fifty- two and eighteen oJJ.C-hun<lredths feet to a point on the Westerly side of Hhnwood Court; ~ce in a Southerly direction in an arc along Ehnwood Court a distance of forty-five feet to a point, t:Ile place of beginning. . IT being Lot Na. 209 an the General Plan of Section 2 aod 3 of Clearview Fanns recQrded in Plan Book 9. page 6. HA VJNG thereon erected a single brick ranch type of dwelling. said premises being known and numbered as Number 3 Elmwood Court. nU.F,TO ShIP PR~MJSES IS VESTED IN Marian Patrick. widow, an undivided one-half (112) interest, and Star D. Lambert and Ronald E. Lamben. wife and husband, as tenant'S by the entireties. an undivided one-half (112) intere.ttt. their heirs and assigns. as joint tenants with the right of survivorship between each one-half (112) interest. not as tcnaDts in QOmmon by Deed from ~Matian Patrick, widow <lated 8/24/2000. recorded 8/29/2000. in Deed Book 228, Page 103, JROPERTY ADDRESS: 3 ELMWOOD COURT, CAMP HILL, PA 17011 "AX PARCEL: #21-0279-127 -,.-~ :~~) L; ~ :)'i... ~;~~ :;:- ~~~: ... }:.': r- " ~~s:: z -;J -.... t~ ~c.;. '" = ("-J' :;:- o -0 .-J -,. -n ['\'if"" -ua; ..:..\\.......... to';' ,L ::::'1 ~.(., . -on ('> '"{1 -'1'""" .,.ft~.. Cl ...:::: I c.J1 :r>' -""'[''' -'~ ~ AFFIDAVIT OF SERVICE PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INe. F/KJA CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY MAB No. 03-1815 CV ACCT. #5000195938 DEFENDANT(S) RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK A/K/A MARIAN R. PATRICK Type of Action Notice of Sheriff's Sale SERVE STAR D. LAMBERT AT 3 ELMWOOD COURT CAMP fiLL, PA 17011 Sale Date: MARCH 2, 2005 SERVED Served:md made known to q~ D, La.\N\lo ~vt t-: Defendant, on the at 8: 'fO, o'clock -f..m., at 3 ~ 1M. \,\.)() 0 d. of Pennsylvania, in the manner described below: c~. / / 7M day of )JOV C Ol'^-' f l-\ -, \l , 200!:(- , Commonwealth 'Y-. Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging 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. ~lJ ~bot-J ~ . ~ONo-\ ~ ~ I 4\Mb~vt.+ Other: IJ s:;- I II 1'7/ 1111 It) 5~ errt. ~ h.j;l.\ (L Description: Age ~ Height -S..!t- W eight ~ Race ~Sex ~ Other I, C \~'(~tJc't. ~. C~vt.:o:\.t ::~:.competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Noti~ of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed b~~ me this J.J-ij..<I,al ~ of ~, 200-t:.. ( ~~ Notary~ ~ By: jj\ ( ~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DAT..; rIMES OF SERVICE ATTE~~it"TIW. NOT SERVED NC~SEAL WCIII= H. CARTY.~ =-=NGv.1~ On the day of ,200_, at o'clock _.m., Defendant NOT FOUND beL'aust: Moved UnlalOwn No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt:. / / Time: ~..._- 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 . " AFFIDAVIT OF SERVICE PLAINTIFF CITIFlNANCIAL MORTGAGE COMPANY, INe. F/KJA CITIFlNANCIAL MORTGAGE CUMBERLAND COUNTY MAR No. 03-1815 CV )l~CCT. #5000195938 DEFENDANT(S) RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK AIKIA MARIAN R. PATRICK Type of Action Notice of Sheriff's Sale SERVE MARIAN PATRICK AIKIA MARIAN R. PATRICK AT 3 ELMWOOD COURT CAMP IDLL, P A 17011 Sale Date: MARCH 2, 2005 SERVED Served and made known to ~~~j a ~ ~ c \c.. at 8: c.f () , o'clock f'ro., at 3 ;;:/ \,A..( Wu Q J of Pennsylvania, in the manner described below: , Defendant, on the c.~. / Ca-wr J 7dh . I~', \ \ day of )Jov , 200i1 , Commonwealth Defendant personally served. I I _ \ I =:::;K=AdUlt family member with whom Defendant(s) reside(s). Name and Relationship is Co - lA do lO I ~a.. ~ ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. I~f:) I J. [;" I ~""" be y-~ Manager/Clerk of place oflodging in which Defendant(s) reside(s). Y \l ~~ Agent or person in charge of Defendant(s)'s office or usual place of business:. An officer of said Defendant(s)'s company. Other: _I (( I A) 510Jt { ~d'l tt. Height S!l- Weight J.lQ Race ~ Sex ~ Other ~ompetent adult, being duly sworn according to law, depose and state that I personally handed ce of Sheriff s Sale in the manner as set forth herein, issued in the captiot;ed cas~n..t.!lr t the address indicated above. NC. ",ARIAL SEAL LUCLLE H. CARTY. NdIrY PubIc Sworn to and subscribed l...etlIIUm:: TGWnIhIp. FIWlIcIn CcutY bq;methisJ7'f1t~~y ~ ftMyCU,~&pnINov'10''JJ1J7 o ~, 200-=t; J Nota~ By: rf ( - PLEASE A TIE~ AT LEAST 3 TIMES. INDIC~ IMES OF SERVICE ATTEMPTED; NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND bec~use: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt:_ / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY MAB No. 03-1815 CV ACCT. #5000195938 DEFENDANT(S) RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK A/KIA MARIAN R. PATRICK Type of Action Notice of Sheriff's Sale SERVE RONALD E. LAMBERT AT 3 ELMWOOD COURT CAMP HILL, PA 17011 Sale Date: MARCH 2, 2005 SERVED Served ann made known to it)N~l ~];, 4.w.. k'f'{.. ~ , Defendant, on the_ at 8: +0, o'clock-?m., at 3 fJ ~ Woo J d. I " Ca\.M. r }1~ 'Hi \ \ day of Nov. , 200!j , Commonwealth of Pennsylvania, in the manner described below: i Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. An officer of said Defendant(s)'s company. Other: Sworn to and subscribed b~~ me this J7 ~drY of ~'200~~ /)// ~ Nota~ By: ~~ PLEASE ATTEMPT SER E AT LEAST 3 TIMES. INDICATE D E NOT SERVED Description: Age ~ Height sJt- II Weight -1..jfJ Race LV ~ Sex 14 Other S ~ f:> \t. ~ k:;;t, yt. I, C\ d.t({ e tJ c ~ l. C ~ t<. -\:'( , ~~etent 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. ...: ""=' NC.. ...l.RIAL SeJ,L LUCille H. C;VUY, NotarY PublIc LtfJMkenn,' ~I'IN~, Franklin CountY My Coml~ &pill Nov. 10, 2007 On the day of ,200_, at o'clock _.m., Defendant NOT FOUND bec!luse: Moved UnlalOWD No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3 rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 --~ J" , "' -~" ' =2 .... ,"- ......, c:::...> c::> r) :n ::::l 1';-1 :r"1 r-- -ol"n :')C; ,0"" i :;~(? .L"d '2 (.,; :.--lrn ",-:.:1 ~=? '--.." C:l r;-; ("'") ! _,J ""D '" -"..... (~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL MORTGAGE COMPANY, INC. FIKIA CITIFINANCIAL MORTGAGE ) CIVIL ACTION ) vs. RONALD E. LAMBERT, STARD. LAMBERT MARIAN PATRICK NKJ A MARIAN R. PATRICK ) CIVIL DIVISION ) NO. 03-1815 CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CITIFINANCIAL MORTGAGE COMPANY. INC. F/K/A CITIFINANCIAL MORTGAGE hereby verify that on 11/15/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Januarv 20.2005 D NIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ..... ~€. ".'Z l;-l\ ~g. ~, "," ~'" '" \ - '" - V> ,... .., - '" ",'" r ~~ \ '<:"z ~s " ;;.~ trl .., ~ ~s. l-1 0" " ~~ ~ '" z G "," n 1~ ~ 1 o ~ s.'. JI, ii~~~ _",",\\2"- ~,,"~- ;;;~;~l ~ ia"o,~ \B 6~' g, \VS-.s,::- ~~~al e"~ o'g ~ ~.Q'8~ ~- g-g'%*~ ~Ha o ~'\l ~ g ~ tl ~., G! ~ .~ %l? ~ Wan\; ~\n ~ _.~ 5' i'~\ ~.~'g ~ ~! ~ i ~.~a.os. :;-Fi~~ .g g 0 ~ _ a"" i1g! g'* g" it Vsa ,iH ~~:;a '" g..."' ~ 1A"tg. gsg~ _~ '0'" ;"11> o-g ~g,,&~ :s....'(j<:1" ~ '" i.n ~ r> ~ 1 '" - - - "" '" "" -l '" '-" .~ -o",,~1ESPQ ~"1;' ~ 5';- :' ~ (!/C "Q ,::J~''''' ?\'I 02 ... 0-'7/') r,q ,43 MAlL Co" $" €DF:~'7? O'O~' 'l:n /:"'- 'M ZIP 'v!/, ".~'Oo Co ,~ =- DE 7....,<:'OOq ~:' ,,.., ~'3 .., '" '" ,... r ~' ~ n' 10 z c: 3 .,. '" ~ o.(Jt;jZ z ~ 0 ~ ~ 0 % ~ ~ ~ ..- a R trl ~ t ~~>;~ ~ ';I: :i '; ~@.~~ u.> ~ !Jl ~ ~~@.t g ~ % t rg ~ ~ ~ 't;j ~ :"' m (J ~ ~ \ ? ~ -- r 0 Z '" "'l ~ ::. ~ '-l ct 'fl ';I: ,... ;n ~ - ~ 0 (3 ~ ~ rJ> ~% \~ rJ> ?l ~ ~ 9 " '" :::; " "" - '" ~o.;Q W~~ ~~~ ~ "'" ,",,""O~ g'~i3~ ~-..JGV g-,-,~trI \ ~g- e ~. ~ () ? . 0: ~i~~ \0(\);--+-0 'O~rel-cj '-"o:IO'tr. ~oS1~ oocd'~ .-~f.i:! ....," '" IS. (/)- i; p. Wr. ~ >-!. CIJ 0 ~ ....co ~~ ';! ,.... ~g ... ,... -l - "" V> .. ~ . ~ :;:~~ C) ,:;:-;:> --n 0;,.." <- .,)P :;;.';t:: ", ];'. -C) :;.r: <.....) (~J - ./ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: 03--/<t{ I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certif that the Sheriff's Deed in which Citifinancial Mtg Co Inc fka Citifinancial Mtg C D C is the grantee he same having been sold to said grantee on the 2nd day of March AD., 2005, under and by virtue f a writ Execution issued on the 5th day of Nov, A.D., 2004, out ofthe Court of Common Pleas of said ounty as of Civil Term, 2003 Number 1815, at the suit ofCitifinancial Mtg Co Inc against Ronald L Star D & Marian Patrick aka Marian R is duly recorded in Sheriff's Deed Book No. 268, Page 00. IN TESTIMONY WHEREOF, I have hereunto s my hand and seal of said office this 2.3 day of mO,jv"~ , A.D. :zoo s '1Ylw\. -r ,Y -"'ofOoeds,CfJmI>o_<:ounIy,CIIrIIoIe PA Reco d r of Deeds My Commisalon ElQlIreo the FIrall.lond8y of Jan.'2OOI Citifinancial Mortgage Company, Inc. f/k/a Citifinancial Mortgage VS Ronald E. Lambert, Star D. Lambert and Marian Patrick aIkIa Marian R. Patrick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1815 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states tha on December 07, 2004 at 8:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Ronald E. Lambert, Star D. Lambert and Marian Patrick alk/a Marian R. Patrick, by making known unto Ronald Lambert, personally and husband of Star D. Lambert and son-in-law of Marian Patrick, at 3 Elmwood Court, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handin to him personally the said true and correct copy of the same. CpJ. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 2:08 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald E. Lambert, Star D. Lambert and Marian Patrick alk/a Marian R. Patrick located at 3 Elmwood Court, Camp Hill, 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: Ronald E. Lambert, Star D. Lambert and Marian Patrick alk/a Mari R. Patrick, by regular mail to their last known address of3 Elmwood Court, Camp Hill, Pennsylvania 170J 1. These letters were mailed under the date of December 29,2004 a d never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to Jaw, 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 March 02,2005 at 10:00 o'clock A.M. He sold the same for t e sum of $1.00 to Attorney Daniel Schmieg for Citifinancial Mortgage Company, Inc., flkla Citifinancial Mortgage Consumer Discount Company. It being the highest bid an best price received for the same, Citifinancial Mortgage Company, Inc., f/k/a Citifinancial Mortgage Consumer Discount Company of 8333 Ridge Point Drive, Irvi TX 75063, being the buyers in this execution, paid to SheriffR. Thomas Kline the su of $1,043.12, it being costs. ",' Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 20.45 15.00 15.00 30.00 ~ )/,11>4q )-';'1 ^ ~ ,II /gY'1 (f) I.." Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 1.00 22.20 8.84 15.00 40.00 344.45 395.95 30.73 25.00 39.50 $ 1,043.12 Sworn and subscribed to before me This:1..L-- day of A ~ ?~~~ R. Thomas Kline, Sheriff BY 00 c0 SrV\.LU'l Real Estate Deputy , ... . CITIFINANCIAL MORTGAGE COMP AN'i, INC. FIKIA CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK AfKIA MARIAN R. PATRICK NO. 03-1815 CV Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CITIFlNANCIAL MORTGAGE COMPANY INC. F/K/A CITIFlNANCIAL MORTG GE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth a of the date the Praecipe for the Writ of Execution was filed the following information concerning the rea property located at .3 ELMWOOD COURT, CAMP HILL, P A 17011 . I. Name and address of Owner{s) orreputed Owner{s): Name , Last Known Address (if address cannot be reasonably ascertained, please indicate) , RONALD E. LAMBERT, STAR D. LAMBERT 3 ELMWOOD COURT CAMP HILL, P A 17011 MARIAN PATRICK AfK/ A MARIAN R. PATRICK 3 ELMWOOD COURT CAMP HILL, P A 17011 2. Name and address ofDefendant{s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is.a record lie on the real property to be sold: . Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None rI .. I r 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 w ose 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 an 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 3 ELMWOOD COURT CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made s ject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoriti'es. November 3, 2004 DATE ~.;f G. ),rfl_,~ . DANIEL G. SCHMIEG, QUlRE Attorney for Plaintiff ~ CITlFINANCIAL MORTGAGE COMPANY, INC. FIK/A CITlFINANCIAL MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 03-1815 CV v. RONALD E. LAMBERT, STAR D. LAMBERT MARIAN PATRICK NKlA MARIAN R. PATRICK Defendant(s). November 3, 200 TO: RONALD E. LAMBERT 3 ELMWOOD COURT CAMP HILL, P A 17011 STAR D. LAMBERT 3 ELMWOOD COURT. CAMP HILL, P A 17011 MARIAN PATRICK AlK/A MARIAN R. PATRICK 3 ELMWOOD COURT CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFO TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHAR 'EIN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONST UED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 3 ELMWOOD COURT, CAMP HILL, PA 17011, is cheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County C urthouse, South Hanover Street, Carlisle, PAl 7013, to enforce the court judgment of $139,158.30 ob ained by CITIFINANCIAL MORTGAGE COMPANY INC. F/K/A CITIFINANCIAL MORT AGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made 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, la e charges, costs and reasonable attorney's fees due. To find out how much you must p , you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to stri or open the judgment, if the judgment was improperly entered. You may also ask the C urt 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 chanc 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 OTHE RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was gro 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 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 tl1e 0 er of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount que is paid to Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin s to evict you. 6. You may be entitled to a share of the money which was paid for your. house. As hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofth sale. This schedule will state who will be receiving that money. The money will be paid out in accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed th 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 OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma ot be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale mu t be postponed or stayed in the event that a representative of the plaintiff is n?t present t the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE. CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL" DESCRIPTION ALL THAT CERTAIN piece or pareel of \lind, situate in Hampden Towpship (off tbe Clcarview Farms), Cumberland County, Pennsylvania, more particularly bounded and described as follows to \\.11; BEGINNING at a point on the Westerly side of E1mwood Court wbit)1 -point. is at the division line of Lots Nos. 208 and 209 OD the her.:inaftet mentioned plan of lots; tbencc Soulll seventy-seveo degrees forty minutes West along said division line a distance of eighty-one and twenty-seven one-hnndredths feet to a point at the division line between Lots Nos. 209 and 178 00 said plan; thence North two degrees thiIty-nine minutes Weu along said division line and beyond a dilllllnCe of one llundml .Ii<!venty feet 00 a point on the Sontbem side of Lot No. 104 on said plan; thence Soutll forty-tWo degrees twenty- ' five minutes Ea8t along the division line between Lots NOll, 210 and 209 a distance ofollC hW1dred fif'ly- two and eighteen oJlc-hurWtedtb$ feet 10 a point on the Westerly sidC of Ehnwood Court; ~ in n Southerly dire<..'tion in an arc along Ehnwood Court a ~ of forty-five feet to a paint, the place of beginning. . IT being Lot No. 209 on the Genera.J Plan of Section 2, and 3 of Clearview Farms recorded in Plan BODle 9, page 6. ItA VING theteOD erected a single brick: ranch type of dwelling. said premises being D<lWD aDd ' numbered as Number 3 Elmwood Court. DALE TO SAID PRE!MlSES IS VESTED IN MlIrian Patrick, widow, an undivided one-half (112) interest, and Star D. Lambert and RomiId E. Lambert, wife and husband, as tefllllllS by the entireties, an undivided one-half (\12) interest, their heirs and assigns, as joint tenants with llIe right of survivorship between each one-half (112) interest. Jlllt as ten3llts ill QOmmon by Deed from Marian Patrick, WielDW d.a1el18124/2000, recorded 8129/2000. in Deed Book 228, Page 103. PROPERTY ADDRESS: 3 ELMWOOD COURT, CAMP HILL, P A 17011 TAX PARCEL: #21-0279-127 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1815 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITlFINANCIAL MORTGAGE COMPANY, INC. F/K1A CITlFINANCIAL MORTGAGE, Plaintiff (s) From RONALD E. LAMBERT, STAR D. LAMBERT, MARIAN PATRICK A/K1A MARIAN R. PATRICK (I) 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 fro paying any debt to or for the account of the defendant (s) and frorndelivering any property of the defenda t (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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $139,158.30 L.L. Interest FROM 3/2105 (PER DIEM - $22.88) -- $14,414.40 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $949.32 Other Costs Plaintiff Paid Date: NOVEMBER 5, 2004 CURTIS R. LONG (Seal) B: 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 TRUE COpy FROM ,ECORD I " .:~';!lfOOny woor;}t;.l, I r,arfnm sat my haod .'1'<l :!lG"lof said Cfrw1 at -. rllsle, ~a. I":" ay notary Real Estate Sale #12 On November 23, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3 Elmwood Court, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 23,2004 By~JctdGjSnV1h Real EstatM Deputy 00 CVilI &::;:;:;} l:::=:l <W Itiii qt: :21 d g- ~ON ~nnl 'tJd ')...HWOJ Ui1v'\838\o1nJ .HI~3HS 31U :103::11:1:10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberlan{ Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aD resaid, 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 reg larly issued weekly in the said County, and that the printed notice or publication attached heret IS exactly the same as was printed in the regular editions and issues of the said Cumberland aw Journal on the following dates, VIZ: January 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumbe land Law Journal, a legal periodical of general circulation, and that he is not interested in the s bject 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. ~- /:'I/'~~ 0 - J L.isa Marie Coyn1, Editor SWORN TO AND SUBSCRIBED before me ,IS 28 day of January, 2005 ~~~.J1'~Jd;A/ Notary REAL ESTATE SALE NO. 12 Wrtt No. 2003-1815 Civil Citifinancial Mortgage Company. Inc. f/kja CitifinanciaI Mortgage va, Ronald E. Lambert, Star D. Lambert and Marian Patrick a/k/a Marian R. Patrtck Atty.: Frank Federman LEGAL DESCRlPTION ALL THAT CERTAIN pIece or par- cel of land, situate jn Hampden Township (off the Clearview Farms). Cumberland County, Pennsylvania. more particularly bounded and de- scribed as follows to wit: BEGINNING at a point on the Westerly side of Elmwood Court which point is at the division hne of Lots Nos. 208 and 209 on the here- inafter mentioned plan of lots; thence South seventy-seven de- grees forty minutes West along said division line a distance of eighty-one and twenty~seven one-hundredths feet to a point at the divi!')ion lin~ between Lots Nos. 209 and 178 on said plan; thence North two degrees thirty-nine minutes West along said division line and beyond a distance of one hundred seventy feet to a point on the Southern side of Lot No. 104 on said plan; thence S~uth forty~two degrees twenty-five min- utes East along the division line between Lots Nos. 210 and 209 a distance of one hundred fifty-two and eighteen one-hundredths feet to a point on the Westerly side of Elmwood Court; thence in a South- erly direction in an arc along Elmwood Court a distance of forty- five feet to a point. the place of be~ ginning. IT being Lot No. 209 on the Gen- eral Plan of Section 2 and 3 of Clearview Farms recorded in Plan Book 9, page 6. HAVING thereon erected a single brick ranch type of dwelling, said premi$es being known and num~ bered as Number 3 Elmwood Court. TITLE TO SAID PREMISES IS VESTED IN Marian Patrick. widow, an undivided one-half (1/2) inter- est. and Star D. Lambert and Ronald E. Lambert, wife and husband. as tenants by the entireties, an undI- vided one-half (1/2) interest, their heirs and assigns. as joint tenants with the right of survivorship be- tween each one-half (1/2) interest. not as tenants in common by Deed from Marian Patrick. widow dated 8/24/2000. recorded 8/29/2000. in Deed Book 228, Page 103. PROPERTY ADDRESS: 3 Elm- wood Court, Camp HilI. PA 17011. TAX PARCEL: #21-0279-127. ~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPelUlSylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co" a corporation organized and e sting under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 18 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th 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 w re established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publish ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and publ shed in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January an the 1 st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said prin d notice or advertising, and that all of the allegations of this statement as to the time, place aod character of pub' cation are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veri this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously pa ed 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' ", Volume 14, Page 317. PUBLICATION (/ ( ................................................................................................ COPY SALE#12 Sworn to and s N01AR1AL Terry l. Russell, No\ary aty of Harrisburg, Doup My commission Explres j(J, T RYPUBLIC P \\IanlaAssoelaUQn,ofNotarl M_mbtr, ennsy My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 395.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of gener 1 circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the ame have been duly paid. By..................................,...,.......... ............,.... ~""'~ REAL ESTATE SALE No. 12 Writ No. 2001I-1815 CMIT_ CII/flnancIBI MorIg8ge Company, Inc. fJk/a CIlIftnancIal Mortgage v. Ronald E.1.smIl8rt. Sl8r D. LsmIlert and MarIan PalrIck _ 1IsJIs.. R. PatrIck AIty: FRU1l<-" DESCRIPT10N AIL lHAT CERfAlN piece or """I of land, situa!e in lIamp-den Townobip (off !be CIeaMew Farms~ CumberlaDd County. Pemr sylY..... more pallicnIarly bounded and described as follows to wit BEGINNING ". point OIl the West<dy side of E1mwood Coort whicll point is " l!le divisiOD line of LoIs N... 208 and 209 OIl the bereinafter _ Plan of'LoIs; 1Im:e Somh seventy. """"degreesfortY_Wmaloogsaid divim""Iine._ofeigbly-oneand tweIIty. seven ooeJnmdredIhs.feet to a point it1bc divimOllline between LoIs N... 209andJ1801l said pIJm; l!leoce Norlh two degrees lhiny.nin< _Uk< West aIoog said di"",. line and beyond . _ of nile buDdred seventy fee, to . point ",,!be Sontbentside of Lot No. 104 ""said pion; l!leoce Sontb forty.two degrees lWenIy-fiVe minnIe. East aIoog the division line bo-tween LoIsN... 210 and2ll9,' _ ofnoehundred fifty.two and cighretnooeJnmdredlhs feet to , point 00 l!le Wes1erIy side of Elmwood C_ tbenceiDaSouthedydim:tioninanarcalong Elmwood ClllIrt. _ of forty.live feet to, point, thel'\al:oofJll!GlNNlNG. IT being Lot No. 11Y! on !be GelIeml Plan of Sectioo2 and 3 of CIeaMew Farms _ in Plan Book 9. roge 6. HAVING lhereon mcred . ....gIe hric< ranch type of dwelling. said promises being known and nombered as Number 3 Elmwood ClllIrt. IDLE TO SAID premises is vested in Marian Palrii:k. widow. on uodivid<d _half (1/ 21intt,t.....andSlarl).l.uoIlrIl_b-aWE. ~ ....... ............. by the __..-_("'1_ tbeirilein.........joiot_...tIle ripnf_L _-"-"'*-(10 _not as_inCOllllll<lll by IJeedfrom __ widow. dal<d8/24l2OOl,DllllWd 1Il.!l:IIlIl. inDeodlkdm.Pa8e 103. JlROPIJlrrY lIddtaso 3 _..... c.,.t. Camp IliII. PA 111111. lix","",f21-W'l-127.