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HomeMy WebLinkAbout07-5007PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X2151 563-7000 159783 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 0'?- 5oD`1 Ci~i t T~"m v. CUMBERLAND COUNTY CHARLES W. KRICK KRISTI A. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 159783 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 159783 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 File #: 159783 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 #: 159783 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES W. KRICK KRISTI A. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/21/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1477, Page: 843. By Assignment of Mortgage recorded 4/27/2006 the mortgage was Assigned To UBS REAL ESTATE SECURITIES, INCORPORATED which Assignment is recorded in Assignment Of Mortgage Book No. 726, Page 2984. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 159783 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/26/2007 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. The following amounts are due on the mortgage: Principal Balance $70,452.57 Interest $2,847.39 03/26/2007 through 08/21/2007 (Per Diem $19.11) Attorney's Fees $1,250.00 Cumulative Late Charges $99.18 08/21/1998 to 08/21/2007 Cost of Suit and Title Search 550.00 Subtotal $75,199.14 Escrow Credit $0.00 Deficit $62.06 Subtotal 62.06 TOTAL $75,261.20 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 159783 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 159783 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $75,261.20, together with interest from 08/21/2007 at the rate of $19.11 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. PHEL HALLIN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 159783 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF MONROE IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 03/22/1997 AND RECORDED 03/24/1997, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 154 AND PAGE 906. BEGINNING at a point in the center of the Trindle Road, said point being three hundred forty (340) feet measured Westwardly along the center of the Trindle Road from property now or late of R. C. Myers; thence South 8 degrees 30 minutes East, two hundred fifty (250) feet to a point at lands of Helen A. Hall; thence by said lands of Helen A. Hall, South 70 degrees 30 minutes West, eighty-five (85) feet to a point; thence North 8 degrees 30 minutes West, two hundred fifty (250) feet to a point in the center line of the Trindle Road; thence by the center line of the Trindle Road, North 70 degrees 30 minutes East, eighty-five feet to a point, the place of Beginning. ADDRESS: 913 West TRINDEL Road; MECHANICSBURG, PA 17055 TAX MAP OR PARCEL ID NO.: 22-24-0783-020 File #: 159783 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~ ~~ o ~ ~ -~ c- ~ '-r~i `~ i g- ~? c, , r -- ~, ~ ~ ~ ;, ~ _ ~ a , O ~ v -~ ~ a _ _ i_'1 :.J -'-1 ~ s. ~ -'~ SHERIFF'S RETURN - REGULAR ~ CASE NO: 2007-05007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KRICK CHARLES W ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KRICK CHARLES W the DEFENDANT at 1703:00 HOURS, on the 24th day of August 2007 at 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 rrnTnmT T VD T/"~TI by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.68 Affidavit . 00 Surcharge 10.00 .00 ~~b4~2 `~' ~3 5.6 8 Sworn and Subscibed to before me this day So Answ/er~s • ~~~ - /• R. Thomas Kline 08/27/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR '"~ "CASE NO: 2007-05007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KRICK CHARLES W ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KRICK KRISTI A the DEFENDANT at 1703:00 HOURS, on the 24th day of August 2007 at 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 TTT T['~TT VP T!"~V 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 4'!b Flo ~ ~ 1 Sworn and Subscibed to before me this day So Answers : i~~ R. Thomas Kline 08/27/2007 PHELAN HALLINAN SCHMIEG BY= Deputy Sheriff of A.D. PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5007 CIVIL TERM CHARLES W. KRICK . 913 WEST TRINDLE ROAD . MECHANICSBURG, PA 17055 . KRISTI A. KRICK . 913 WEST TRINDLE ROAD . MECHANICSBURG, PA 17055 . 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 CHARLES W. KRICK and KRISTI A. KRICK, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 08/22/07 to 09/25/07 TOTAL $75,261.20 $668.85 $75,930.05 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. ~ / I 1 ANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. /~ DATE: _ I°,,~ S 1~. O PROTHY 159783 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE :COURT OF COMMON PLEAS OF MASTR 2007-01 Plaintiff Vs. CHARLES W. KRICK KRISTI A. KRICK Defendants TO: CHARLES W. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 14, 2007 CIVIL DIVISION CUMBERLAND COUNTY NO. 07-5007-CIVIL TERM r s ,jp y~ 3 ' rv4 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)940-9108 -- r~/ F NCIS S. HAL INAN, ES-QUIRE Attorneys for Plaintiff 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 (2151 563-7000 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE :COURT OF COMMON PLEAS OF MASTR 2007-01 Plaintiff Vs. CHARLES W. KRICK KRISTI A. KRICK Defendants TO: KRISTI A. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 14, 2007 CIVIL DIVISION CUMBERLAND COUNTY NO. 07-5007-CIVIL TERM n ~, ' ~ ~. . ~:,, ~t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 .t.,--=-~ ~ .~ F NCIS S. HAL INAN, ESQUIRE Attorneys 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 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 500 ENTERPRISE ROAD SUITE 150 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5007 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 defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHARLES W. KRICK is over 18 years of age and resides at 913 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . (c) that defendant KRISTI A. KRICK is over 18 years of age, and resides at 913 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ,~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~? C_ ..~ --t (~ ..F. ~ ~ r3 iT "~ r # O __ -- ~" ~~ (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 500 ENTERPRISE ROAD SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). CIVIL DIVISION NO. 07-5007 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ~-FDhe~ 1 2007. By: ~ ~e. ~ ~ . ~. If you have any questions concerning this matter, please contact: DANIEL G. SCHMIE 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.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). No. 07-5007 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,930.05 Interest from 09/25107 to MARCH 5, 2008 $2,021.76 and Costs (per diem -$12.48) Add'1 Costs $2,OSb.50 TOTAL $80,008.31 DANIEL G. SC MIEG, ESQ One Penn Center at Suburban Station 1 b 17 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. 15978 d O d ~~ w ~, ~~ ~~ UZ W 0 OV aA ~~ o~ ~~ H ~U ~~~ 6' oho J ~~ w d ~~ a° Fo aN da 4 E"` ~ ~ ~~ W d W ~~ x~ a ~H A '~, R~ ~ o 0 ~ ~ c~ ca 0 V V .~ ~ ~ W ~ ~~ v O H U _ s~ °' ~, W y Q ~ a~ F ~' o W 3~ Q O a~ v a ~' sw ~o ,., M cd ~ O~ '~ ... -6~- p N -~ ~ i` ~ .4'F. C- rl ~ 'Z $ ~- 0 `g C C 0 ~ ~ v ,. :. N a r d a V d x V d `~ a ~~ z a H } ~° O M d ~ C ° 1' i -, i ,~. _- ~-~ ..:i~+ t .k ~.~ ;,,W LEGAL DESCRIPTION ALL THAT PARCEL house and Lot of Ground situate in the Township of Monroe, County of Cumberland and the State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Trindle Road, said point being three hundred forty {340) feet measured Westwardly along the center of the Trindle Road from property now or late of R. C. Myers; thence South S degrees 30 minutes East, two hundred fifty (250) feet to a point at lands of Helen A. Hall; thence by said lands of Helen A. Hall, South 70 degrees 30 minutes West, eighty-five (85) feet to a point; thence North $ degrees 30 minutes West, two hundred fifty (250) feet to a point in the center line of the Trindle Road; thence by the center line of the Trindle Road, North 70 degrees 30 minutes East, eighty-five feet to a point, the place of Beginning. HAVING thereon erected a single family dwelling known and numbered as 913 West Trindle Road, Mechanicsburg, Pennsylvania. BEING the same premises which REGENT CONSTRUCTION CO. by its Deed dated April 10,1972 and recorded in the Recorder of Deeds office for Cumberland County in Deed Book F, Volume 24 and Page 60 granted and conveyed unto HARRY O. KRICK AND LORRAINE M. KRICK, his wife, GRANTORS, herein. PARCEL IDENTIFICATION NO: 22-24-0783-020, CONTROL #: 22001487 TITLE TO SAID PREMISES IS VESTED IN Charles W. Krick and Kristi A. Krick, his wife, by Deed from Harry O. Krick and Lorraine M. Krick, his wife, dated 03122/1997, recorded 03/24/1997, in Deed Book 154, page 906. 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 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5007 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: () 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. ' ~ t1 / aG,. DANIEL G. SCHMIEG, ES~[JIRE Attorney for Plaintiff n r.., ~, -,., - ~ .~' =•::., t , ._f„~ y T~ ~~ ~ l `': ~_l DEUTSCI~E BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5007 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01, 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 ,913 WEST TRINDLE ROAD, MECHANICSBURGs PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES W. KRICK KRISTI A. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) MERS 64318 MILLER ROAD FLINT, MI 48501 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) MONROE TOWNSHIP MUNICIPAL AUTHORITY 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 MONROE TOWNSHIP MUNICIPAL AUTHORITY ONE WEST MAIN STREET C/O JAMES D. BOGAR SHIREMANSTOWN, PA 17011 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 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 28, 2007 DATE ANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff n '`' ` ,~, Ti ~--~ --I °' ._.~ i _ :. ' - ~~ C . ~ ~= ' t ~ cy°c ~ :. , ~! -=~ ~ d` G: =- G DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant{s). CUMBERLAND COUNTY No. 07-5007 CIVIL TERM September 28, 2007 TO: CHARLES W. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 KRISTI A. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 * *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 BANKRUPTCYAND 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 = 913 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75,930.05 obtained by DEUTSCHE BANK NATIONAL TRU5T AS TRUSTEE OF MASTR 2007-O1(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be 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: (2151563-7000. 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 (2151563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT PARCEL house and Lot of Ground situate in the Township of Monroe, County of Cumberland and the State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Trindle Road, said point being three hundred forty (340) feet measured Westwardly along the center of the Trindle Road from property now or late of R. C. Myers; thence South $ degrees 30 minutes East, two hundred fifty {250) feet to a point at lands of Helen A. Hall; thence by said lands of Helen A. Hall, South 70 degrees 30 minutes West, eighty-five (85) feet to a point; thence North 8 degrees 30 minutes West, two hundred fifty (250) feet to a point in the center line of the Trindle Road; thence by the center line of the Trindle Road, North 70 degrees 30 minutes East, eighty-five feet to a point, the place of Beginning. HAVING thereon erected a single family dwelling known and numbered as 913 West Trindle Road, Mechanicsburg, Pennsylvania. BEING the same premises which REGENT CONSTRUCTION CO. by its Deed dated Apri110,1972 and recorded in the Recorder of Deeds office for Cumberland County in Deed Book F, Volume 24 and Page 60 granted and conveyed unto HARRY O. KRICK AND LORRAINE M. KRICK, his wife, GRANTORS, herein. PARCEL IDENTIFICATION NO: 22-24-0783-020, CONTROL #: 22001487 TITLE TO SAID PREMISES IS VESTED IN Charles W. Krick and Kristi A. Krick, his wife, by Deed from Harry O. Krick and Lorraine M. Krick, his wife, dated 03122/1997, recorded 03/24/1997, in Deed Book 154, page 906. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5007 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1, Plaintiff (s) From CHARLES W. KRICK AND KRISTI A. KRICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,930.05 L.L. $.50 Interest FROM 9/25/07 TO 3/5/08 (PER DIEM - $12.48) - $2,021.76 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $170.68 Other Costs $2,056.50 Plaintiff Paid Date: OCTOBER 1, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Lcpuiy Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 DEFENDANT(S) CHARLES W. KRICK KRISTI A. KRICK SERVE CHARLES W. KRICK AT 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 07-5007 CIVIL TERM ACCT. #159783 Type of Action - Notice of Sheriff s Sale Sale Date: MARCH 5, 2008 Served and made known to l , (~R 1.~5 ~l • RQ lGJ ,Defendant, on the ~ 5 '~~ day of~~y~ ~k , 2001, at ~' S ~ ,o'clock ~?m., at of 3 ~J11P5'~''TRiN~(.E ~ ~ /~ r~~llCSl3~~-~ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~STI ~N[ ~ 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 chazge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height ~~ Weight ~O , Race W Sex ~ Other I, ~6A/Ykt.D Mo t,~- . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscr~beSl,,,,,, ` before me this ~~ d~aj~"' ,l ~' ,1~ ~ ~ Q ~ ~~ of e.fL , 200 ~ ~r~~ ~~~ Nox~~ By: PLEASE ATTEMPT SERVICE 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 13f Attempt: / / Time: 2°d Attempt: / / Time:, 3rd Attempt: / / Time: Sworn to and subscribed Attornev for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 2 ~ ~: z AFFIDAVIT OF SERVICE ,• PLAINTIFF DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 DEFENDANT(S) CHARLES W. KRICK KRISTI A. KRICK SERVE KRISTI A. KRICK AT 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 07-5007 CIVIL TERM ACCT. #159783 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 Served and made known to {~QlSTI ~ . ~ RlC K ,Defendant, on thAe a ~ ~h day of ~Cj'Oa~(Z 200,, at ~ SS , o'clock ~.m., at 9 ~ 3 kl~T ~'R ~ N ~~ ~~ , NI F~~ lCSl ~w2Cr ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~ .. Description: Age f~S Height 3 Weight ~ ~O Race ~ Sex ~ Other I, ~n NASD MQ u- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs~ibed before me this ~_ day of ~~ , 200 Notary: ~_ y: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at Moved Unknown _ __ No Answer 1st Attempt: / / Time: 3rd Attempt: / / Time:, Sworn to and subscribed before me this day of , 200 . Notary: o'clock - m., Defendant NOT FOUND because: Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCIIMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ~0 2 e ~ , ~., \. ; f.~ , "'~ '. G"'. i q~~~ .. r " DEUTSCHE BANK NATIONAL TRUST A5 TRUSTEE OF MASTR 2007-O1 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHARLES W. KRICK KRISTI A. KRICK N0.07-5007 CIVIL TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1, 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 ,913 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . 1. 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) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Square Dept. 28061 Harrisburg, PA 17105 13`~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. P 4 January 29, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE CUMBERLAND COUNTY OF MASTR 2007-O1 COURT OF COMMON PLEAS Plaintiff v, CIVIL DIVISION CHARLES W. KRICK NO. 07-5007 CIVIL TERM KRISTI A. KRICK Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY } SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 91'1 WEST TRiNI~ .F. RnAn, MF..HANiCSRi1RC~,pA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~ a DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: Tan ~ 79~?0(18 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. it may not he cold in the ahcence of a re~esentative 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. 159783 .~ sore coot o~~ ..: W a ~~ ~.,i ,~ ~ ~~ ~~~~ M ,~, ~~ ~~ a ~3 aE a xc°3~:~ 5~ a ~ ti ~a~ ~~ a~~a a ~ ~ ~ A ~v rt 'Q ~ zed G" ~ aaoo ~z woa~ a~ibw '~~. ~s i o oioaiz~ooo ~ ~- ~ ~ ~ ~~ ~ ' W4 l0 ~, ,. ~~. MU9 A)Ntid ~w~ ~ , = ~ r Ps ~ ~ , ~s~'+~ ' 8 ~ .~ ~ ~ . ~ o g ~, M ~ .-r O a a ~ ~ ~ ~ ~ w ~ ~ ~ ~ Q ~ ~ '. ~ ~ c,> ~: ~ N ~ •y . a Q ~ g ~ ~ -~ W .-. O ~ ~ ~ ~ ~ ~ ~ ~~~p~ ~ V "~ O ~ •~ M ~ e~+ C~1 ~ '~i a ~ ~ ~ z D ~ b E° 'a ~ Q w Q . ° ~.~ ~ ~ z ~ ~ ° +' 'a ;o O ~' ~ j w ~, ~ ~ ; A ,~ w P4 ~~ rn ~ a ~wcd rn g ~ ~ ~ , ~ ~ O 9 Q ~ j ~ Z ~ ., ~ ~ ~ w a O O ~* z Q,' ~~' 4.. pN ~'i N ~ c .D ~, ~~ O ~ r~'ap4 ~ v'~O ~ ~ ~ O ~ v ~ ~ ~ ~ ~ ~a ~ ~d a o3 a~ N N~~ H~H~ ~ s ~ v ~ ~, z o ~ ~, ~ ~ ~ ~ cti w o. -~' ~ Co'~o u ,~ o a ~ ~ ~ ~ W~ O O ~ W ~ O ~ ~~ 3 ~, ~ 's a~ ~ ~ z Q A ~ ~ ~ ~fi. v~ " a' q.~ A i M ~~w CNU ~~~ OO~WW ~U ~ ~ o w c O ~ E a 2 m ~ ~ Q o °~ cv cn v ~n ~o r oo a a ~~ z ~~ N n ~ -r,, t=, ~ ~~; ~' ! t'"~'1 T ~ CA:t J'7't fv. -'C .~ r`_ C3 3 -'~7 `--' ~• r( t ~, ~ ~ ~ '~ ..--# G; ~'C 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 Deutsche Bank Narional Trust as Trustee of MASTR 2007-01 Charles W. Krick Kristi A. Krick Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-5007-C. T. 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 ended without prejudice. Date: "2~ o~ Francis S. Hallin~an, Esquire Attorney for Plaintiff PHS# 159783 c ~ `C.'t' ~ t ~ '"~3 4'"x'1 ~ "'7"'F S`r'i ~..m_ ,yy~ Y 1 } ~ ~ ~ ~sy,~ - ~ { C.~'~ ,t ~ c~, Deutsche Bank National Trust as Trustee In the Court of Common Pleas of Of MASTR 2007-01 Cumberland County, Pennsylvania VS Writ No. 2007-5007 Civil Term Charles W. Krick and Kristi A. Krick William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 14, 2007 at 1517 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Charles W. Krick and Kristi A. Krick, by making known unto Kristi Krick, personally and adult in charge for Charles W. Krick, at 913 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Cpl Timothy Reit, Deputy Sheriff, who being duly sworn according to law, states that on January 1 1, 2008 at 1412 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles W. Krick and Kristi A. Krick located at 913 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Charles W. Krick and Kristi A. Krick by regular mail to their last known addresses of 913 West Trindle Road, Mechanicsburg, PA 17055. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. 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. Sheriffs Costs: Docketing 30.00 Poundage 267.54 Advertising 15.00 Posting Handbills 15.00 Mileage 17.28 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 2.00 Law Journal 355.00 Patriot News 350.75 Share of Bills 16.17 $1,114.24 / 31.24`08 ~~ So Ans ~r~f!-a-''~ .~C t ~ R. Thomas Kline, Sheriff /~ BY ~~.~ (%~ r- (/ti1~L Real Estate ergeant ~-~. rd eK,*E `z4ay ~ ~~7z~ 1 . DEUTSCI~E BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5007 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01, 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 ,913 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name CHARLES W. KRICK KRISTI A. KRICK Last Known Address (if address cannot be reasonably ascertained, please indicate) 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) MERS 64318 MILLER ROAD FLINT, MI 48501 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) MONROE TOWNSHIP MUNICIPAL AUTHORITY 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 MONROE TOWNSHIP MUNICIPAL AUTHORITY ONE WEST MAIN STREET C/O JAMES D. BOGAR SHIREMANSTOWN, PA 17011 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 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject tc t?: penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 28, 2007 , DATE ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 Plaintiff, v. CHARLES W. KRICK KRISTI A. KRICK Defendant(s). CUMBERLAND COUNTY No. 07-5007 CIVIL TERM September 28, 2007 TO: CHARLES W. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 KRISTI A. KRICK 913 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREYIOUSLYRECEI~ED A DISCHARGE IN BANKRUPTCYAND 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 , 913 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75,930.05 obtained by DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-O1 (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: 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. 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 5600. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT PARCEL house and Lot of Ground situate in the Township of Monroe, County of Cumberland and the State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Trindle Road, said point being three hundred forty (340) feet measured Westwardly along the center of the Trindle Road from property now or late of R. C. Myers; thence South 8 degrees 30 minutes East, two hundred fifty (250) feet to a point at lands of Helen A. Hall; thence by said lands of Helen A. Hall, South 70 degrees 30 minutes West, eighty-five (85) feet to a point; thence North 8 degrees 30 minutes West, two hundred fifty (250) feet to a point in the center line of the Trindle Road; thence by the center line of the Trindle Road, North 70 degrees 30 minutes East, eighty-five feet to a point, the place of Beginning. HAVING thereon erected a single family dwelling known and numbered as 913 West Trindle Road, Mechanicsburg, Pennsylvania. BEING the same premises which REGENT CONSTRUCTION CO. by its Deed dated April 10,1972 and recorded in the Recorder of Deeds office for Cumberland County in Deed Book F, Volume 24 and Page 60 granted and conveyed unto HARRY O. KRICK AND LORRAINE M. KRICK, his wife, GRANTORS, herein. PARCEL IDENTIFICATION NO: 22-24-0783-020, CONTROL #: 22001487 TITLE TO SAID PREMISES IS VESTED IN Charles W. Krick and Kristi A. Krick, his wife, by Deed from Harry O. Krick and Lorraine M. Krick, his wife, dated 03/22/1997, recorded 03/24/1997, in Deed Book 154, page 906. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5007 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE OF MASTR 2007-01, Plaintiff (s) From CHARLES W. KRICK AND KRISTI A. KRICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,930.05 L.L. $.50 Interest FROM 9/25/07 TO 3/5/08 (PER DIEM - $12.48) - $2,021.76 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $170.68 Other Costs $2,056.50 Plaintiff Paid Date: OCTOBER 1, 2007 S urt s R. Long, Prothonotary (Seal) Deputy REQUES'TTNG PARTY: Name DANIEL G. SCHMIEG, ES(2UIRE 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 Real Estate Sale # 18 On October 31, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 913 West Trindle Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~ Date: October 31, 2007 By: Real Estat~.JSergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Covnk. Editor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary •~_ NOTARIAL SEAL DEBORAH A COLLlNS Notary Public CAF2LISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 REAL ESTATE SALE NO. 18 Writ No. 2007-5007 Civil Deutsche Bank National Trust as Trustee of MASTR 2007-01 vs. Charles W. Krick and Kristi A. Krick Atty.: Daniel Schmieg DESCRIPTION ALL THAT PARCEL house and Lot of Ground situate in the Township of Monroe, County of Cumberland and the State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Trindle Road, said point being three hundred forty (340) feet measured Westwardly along the cen- ter of the Trindle Road from property now or late of R. C. Myers; thence South 8 degrees 30 minutes East, two hundred fifty (250) feet to a point at lands of Helen A. Hall; thence by said lands of Helen A. Hall, South 70 degrees 30 minutes West, eighty-five (85) feet to a point; thence North 8 de- grees 30 minutes West, two hundred fifty (250} feet to a point in the center line of the Trindle Road; thence by the center line of the Trindle Road, North 70 degrees 30 minutes East, eighty-five feet to a point, the place of Beginning. HAVING thereon erected a single family dwelling known and numbered as 913 West Trindle Road, Mechan- icsburg, Pennsylvania. BEING the same premises which REGENT CONSTRUCTION CO. by its need dated April 10, 1972 and re- corded in the Recorder of Deeds office for Cumberland County in Deed Book F, Volume 24 and Page 60 granted and conveyed unto HARRY O. KRICK AND LORRAINE M. KRICK, his wife, GRANTORS, herein. PARCEL IDENTIFICATION NO: 22-24-0783-020. CONTROL #: 22001487. TITLE TO SAID PREMISES IS VESTED IN Charles W. Krick and Kristi A. Krick, his wife, by Deed from Harry O. Krick and Lorraine M. Krick, his wife, dated 03/22/1997, recorded 03/24/1997, in Deed Book 154, page 906. '~"ne Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue ~latriot Neu~s Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /30108 02/06/08 02/13/08 gbruary, 2008 A.D. Notary Public CiOMMONwEALTJ-i C?~- ~i ~,"~'`^~YL'•l.~":r'r' 1 ^~S,hortie L. Kisrli=i'. ~~•,:-+'!?`~u~lic ~"7 of HBRISks dr~_ nlfi i.oUnt)I My Cotrurwss~tar :: ~n ~ ~. 26, 2011 Member, Pennaxlwar±ia F,': ~idi~otl of No4aries REAL ~ ldIQ.18 Wrk Mo. 311'/ t~rll''lbrn- Uet~tttclae tinnk~~~'Ttust as Ttusieir`d X002-A'1 YS C1t~Ms IIk fCrlak and AMer+~r i3MAiN ALL THAT PARCEL house a~ Lot of Giound situate in the lbwns6np of Morrcce, Cotmty of Cumberland anti the Stan of Pennsylvania, bormded and described as foIIows, to wit: Bf(BNNB+IG at a poiffi in the r of the Trindle Road, said poin being three hundred forty (340) feet d R'e~w~ndly aloes the cemM of the Trind;e Rod from property now or late of R C. Myers; t>xace 5onth 8 degrees 30 minutes East, two hual<ed 5fty (250) fed to a point at lands of Helen A. Ball; thence by said lands of Helen A. Hall, Sorrth 70 degrees 30 minutes West, eighty-five (85) feet to a point; th~ce North 8 degrees 30 mimr~s Wes4 two hundred fifty 1250) feet to a pnhtt in the center line of the Trindlc Road; tire~e by the center line of the Trindle Road,.Natth 7(1 degrees 30 mimnes East, eighty~five felt w a poim, the i~ ~g• HAYING thereon eeected a single family dwelling known and numbu+ed as 913 West Trindle Road, Medtanicsaug, Pennsylvania. BEII+TG the sar~ premises which REGENT CON57R[JCIT N CO. by its. Dead dated April 10, T9'72 sad recorded in the Rte' of Deeds office for Cumberlarel County >s Deed Book F ~ohune 24 and Page Gil graded and amveyed ugr'r,HARRX 0. KRICIC AND L1lBRAiNE M. ~+RICK. his wife, GRAN'PORS, herein. "1RCH; IDENTII3CATION N0: 22-24-0783- CQi4T7tOL#: 22001487 TI7Y.E TO SAID PREMISES IS YESTID IN Charles W. Brick and Kri~i A. Krick, his wife, by Deed from Harry 0. Krick and Loaaine M. Krick, his wife, dated 03!'27./]997, recorded 931 24/1997, in Deed Book 154, page 906.