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HomeMy WebLinkAbout08-0920PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 168782 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. pg - qao C ivi ( IerM V. CUMBERLAND COUNTY LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168782 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 168782 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 #: 168782 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 #: 168782 1. Plaintiff is CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/21/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1763, Page: 1434. By Assignment of Mortgage recorded 06/27/2002 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 688, Page 1277. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 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. File #: 168782 6. The following amounts are due on the mortgage: Principal Balance $78,445.31 Interest $2,654.30 08/01/2007 through 02/06/2008 (Per Diem $13.97) Attorney's Fees $1,250.00 Cumulative Late Charges $106.16 06/21/2002 to 02/06/2008 Cost of Suit and Title Search 550.00 Subtotal $83,005.77 Escrow Credit $0.00 Deficit $491.50 Subtotal 491.50 TOTAL $83,497.27 7 8 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. 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. File #: 168782 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. 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 $83,497.27, together with interest from 02/06/2008 at the rate of $13.97 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. at?? 7d7 ? FRAN IS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 168782 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D.P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F.B.J. Branagan by D.P. Raffensperger, Registered Surveyor, Lemoyne, PA., dated January 20, 1955, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty-five (435) feet Westerly from the Westerly side of 19th Street (60 feet wide); thence extending Westwardly along the Northerly side of Carlisle Road, sixty (60) feet to a point; thence extending Northwardly along the line dividing Lots Nos. 30 and 31 on the above mentioned Plan, and crossing a ten (10) feet wide easement one hundred twenty (120) feet to a point; thence extending Eastwardly sixty (60) feet to a point; thence extending Southwardly recrossing said ten (10) feet wide easement and along the line dividing Lots 31 and 32, one hundred twenty (120) feet to the Northerly side of Carlisle Road, the first mentioned point and place of BEGINNING. BEING known as Lot 31, Block 'E' on the above mentioned Plan. HAVING THEREON ERECTED a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. BEING the same premises which Wayne D. Harris and Melissa K. Harris, husband and wife, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Lucas J. Prins and Nicole L. Prins. BEING KNOWN AS: 1914 CARLISLE ROAD File #: 168782 Paactl No. 13- a 3 , Z)547-34 VERIFICATION I hereby state that I am the 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 I am 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 my 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. q orney for Plai tiff DATE: p?S n C7:) o co crt • A SHERIFF'S RETURN - REGULAR CASE NO: 2008-00920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PRINS LUCAS J ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PRINS LUCAS J the DEFENDANT , at 1440:00 HOURS, on the 14th day of February-, 2008 at 1914 CARLISLE ROAD CAMP HILL, PA 17011 by handing to ALETHA SCHREFFLER, ADULT IN CHARGE 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 n .2/AVID V `, 18.00 13.44 .00 10.00 .00 41.44 Sworn and Subscibed to before me this day So Answers: ••, 'o ? - r R. Thomas Kline 02/15/2008 PHELAN HALLINAN SCHMIEG -I ?11 0000e By: lx_? epu y riff was served upon of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PRINS LUCAS J ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PRINS NICOLE L the DEFENDANT , at 1440:00 HOURS, on the 14th day of February-, 2008 at 1914 CARLISLE ROAD CAMP HILL, PA 17011 by handing to ALETHA SCHREFFLER, ADULT IN CHARGE 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 gill ? 16.00 Sworn and Subscibed to before me this day of , So Answers: ?a R. Thomas Kline 02/15/2008 PHELAN HALLINAN SCHMIEG By: Deput Sheriff 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 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIA MORTGAGE, INC. CUMBERLAND COUNTY 5280 CORPORATE DRIVE MS1011 COURT OF COMMON PLEAS FREDERICK, MD 21703 Plaintiff, V. CIVIL DIVISION NO. 08-920-CIVIL TERM LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 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 LUCAS J. PRINS and NICOLE L. PRINS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $83,497.27 Interest from 02/07/2008 to 03/20/2008 $600.71 TOTAL $84,097.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR ROTH 168782 • 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) 563-700 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION LUCAS J. PRINS NICOLE L. PRINS Vs. Defendants CUMBERLAND COUNTY NO. 08-920 CIVIL TERM F11 r copy TO: NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 DATE OF NOTICE: MARCH 6.2008 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 J SON IDMAN, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215)_563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION Vs. LUCAS J. PRINS NICOLE L. PRINS Defendants TO: LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 DATE OF NOTICE: MARCH 6,2Q09 CUMBERLAND COUNTY :NO. 08-920 CIVIL TERM "Qr cope 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 JA N S AN, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., SIB/M TO PRINCIPAL RESIDENTIA MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 Plaintiff, V. LUCAS J. PRINS NICOLE L. PRINS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-920-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 LUCAS J. PRINS is over 18 years of age and resides at, 1914 CARLISLE ROAD, CAMP HILL, PA 17011. (c) that defendant NICOLE L. PRINS is over 18 years of age, and resides at, 1914 CARLISLE ROAD, 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. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff -64- 6? v r\ al O fV? V (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIA MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 Plaintiff, V. LUCAS J. PRINS NICOLE L. PRINS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-920-CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on MaIDJA A4 200 8. By: If you have any questions concerning this matter, please contact: r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LUCAS J. PRINS NICOLE L. PRINS No. 08-920-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/21/08 - 9/3/08 (per diem -$13.82) Add'1 Costs TOTAL $84,097.98 $2,307.94 and Costs $1,576.50 $87,982.42 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This Plaintiff. Property is sold at the direction of the It ma not be sold, in the absence of a re the Plaintiff at _presentative of the Sheriff's Sale. stayed in the event that a representative Ofltheusplt ainntiff i present at the sale. Postponed or s not 168782 d oQ a zz UZ O? ?z o? W? U d O? ?O "a d ~?U z H? ?d Uz1? F2 a J W a t ?z a da ?O az g d O ca 0 U w? O ? o w w o w? H V a ?I v ? ".4 0 0 dd as xx VU 00 a ? ,ate,,, b w o0 CO ` ^m?V d -d CA a. 3 N 00 + CITIMORTGAGE, INC., SB/M TO PRINCIPAL PRESIDENTIAL MORTGAGE, INC. v. Plaintiff, LUCAS J. PRINS NICOLE L. PRINS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-920-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) in the above action, by its attorney, DANIEL G 1SCHMIEG,E SQU RE, setts oTrth as of the d•t Plaintiff Praecipe for the Writ of Execution was filed the following information concerning the real ate the located at 1914 CARLISLE ROAD CAMP HILL PA 17011. g property 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 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 recor property to be sold: d lien on the real Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: v Name LOWER ALLEN TOWNSHIP RUTH. LOWER ALLEN TOWNSHIP AUTH. C/O STEVEN P. MINER, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 3211 N FRONT ST HARRISBURG, PA 17110-1342 6. Name and address of every other person who has any record interest in the ro ertinterest may be affected by the sale. p p y and whose Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowled e who the property which may be affected by the sale: g has any interest in Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 1914 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of m knowledge or information and belief. I understand that false statements herein are y personal penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. made subject to the April 1, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney 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 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LUCAS J. PRINS NICOLE L. PRINS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-920-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the the above-captioned matter, and that the premises are not subject to the rovi because it is: Y Plaintiff in p sions of Act 91 ( ) 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 falsification to authorities. to unsworn DANIEL G., SCHMIEG, ESQUIRE Attorney for Plaintiff f CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LUCAS J. PRINS NICOLE L. PRINS Defendant(s). TO: LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 08-920-CIVIL TERM April 1, 2008 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 1914 CARLISLE ROAD CAMP HILL PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $84 097.98 obtained by CITIMORTGAGE INC. S/R M TO PRINCIPAL RESIDENTIAL MORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1• The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 2• You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. • You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain YOU MAV RTri Y Dr . -- _. _ _ attorney.) 1. If the Sheriffs Sale is not stopped, ?_ find out the price bid by calling 215 563-7000. property will be sold to the highest bidder. You may 2. You may be able to petition the Court to set aside the sale if the inadequate compared to the value of your property. bid price was grossly 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 as if the sale never happened. owner of the S. You have the right to remain in the property until the full amount and the Sheriff gives a deed to the buyer. At that time, the buyer ma due is paid to the Sheriff you. y bring legal proceedings to evict schedule 6. You may be entitled to a share of the money which was paid for Your house. schedule distribution of the money bid for your house will be filed by the Sheriff will state who will be receiving that money. ff within 30 days of f the this schedule unless exceptions (reasons Why the r ed sale. This The money will be paid out in with accordance Sheriff within ten (10) days after the distribution i?fi ed. distribution is wrong) are filed with the 7. You may also have other rights and defenses, or ways of immediately after the sale. getting your home back, if you act YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT A LAWYER OR CANNOT AFFORD D ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN ONCE. IF YOU NOT HAVE E LISTED GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction in the absence of a re presentative of the laintiff at the Sheriffs le. The sale mus be postponed or stayed in the event that a representative of the plaintiff. It ma not be sold of the plaintiff is not resent t sale. CUMBERLAND COUNTY ATTORNEY p at the CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or Parcel of land situate in Cumberland, Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Registered Surveyor, date Lower Allen Township, County of Highland Estates made for F. d Apri11,1952, and also according to a Highland dated January 20,19559 more perger, Registered Serve particularly bounded and t: Lemoyne, BEGINNING at a point on the Northerly side of Carli described as follows, five to wit: feet Westerly from the Westerly side of 19th Street (sixty Westwardly along the Northerly side of a of Carlisle Road, sixty feet to a ppoint; H CE extending g the line dividing Lot Nos. 30 and 31 on the above mention ten feet wide easement one hundred twenty feet to a ed Plan dividing Lot Nos t Southwardly recrossing THENCE extending 'and crossing a Eastward . 31 and 32 , one hundred eg said ten feet wide easem nt an alo 1 mentioned Point and Place of BEGINNING. Y sixty feet to twenty feet to the Northerly side of Carlisle Road, the linthe e Road, the first BEING known as Lot No. 31, Block 'E' on the above mentioned Plan, TITLE TO SAID Pand MeliREMISES IS VESTED IN Lucas J. Prins Wayne D. Harris ssa K. 252, page 1921. Y 6/27 b Deed from Harris, h/w, dated 06/07/2002, record d 0 002, in Deed Book PREMISES BEING: 1914 CA PARCEL NO. 13-23-0547-348 ISLE ROAD, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-920 Civil TO THE SHERIFF OF CUMBERLAND COUNTY: CIVIL ACTION - LAW To satisfy the debt, interest and costs due CITIMORTGAGE, INC., s/b/m TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From LUCAS J. PRINS and NICOLE L. PRINS (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 paying any debt to or for the account of the defendant (s) and from deliverin garnishee(s) is enjoined from (s) or otherwise disposing thereof; g y property of the defendant (3) If property of the defendant(s) not levied upon an subject to attachment is found in the of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added garnishee and is enjoined as above stated. possession as a Amount Due $84,097.98 Interest from 3/21/08 - 9103/08 (Per diem - $13.82 L.L.$ 0.50 ) -- $29307.94 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $176.44 Plaintiff Paid Other Costs $1,576.50 Date: 4/03/08 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 D Prothonotary By: Deputy Supreme Court ID No. 62205 oil • .,% PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (915) _563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. LUCAS J. PRINS NICOLE L. PRINS ATTORNEY FOR PLAINTIFF Plaintiff Defendant(s) TO THE PROTHONOTARY: CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-920-CIVIL TERM Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Francis S. Hallin n, Esquire Attorney for Plaintiff Dated: 04/10/08 PHS: 168782 or . VERIFICATION Scott Scheiner hereby states that he/she is Assistant Vice President of CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/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 his/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 unswA'?n f0ification to authorities. Scott Scheiner, Assistant Vice President DATE: February 7, 2008 Company: CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Loan:770072331 File #: 168782 ., .. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (915) 563-70017 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. LUCAS J. PRINS NICOLE L. PRINS Plaintiff Defendant(s) CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-920-CIVIL TERM I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF Francis S. Halli an, Esquire Attorney for Plaintiff Dated: 04/10/08 PHS: 168782 r"J wE?-? Citimortgage, Inc. VS Lucas J. Prins and Nicole L. Prins In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-920 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 36.52 Levy 15.00 Law Library .50 Prothonotary 2.00 Mileage 15.00 Surcharge 30.00 $129.02 So Answers: R. Thomas Kline, Sheriff Real Estate S rgeant Cam' - CKe, t y51F PU"- ') /a 7 (1L CITIMORTGAGE, INC., S/BIM TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LUCAS J. PRINS NICOLE L. PRINS NO. 08-920-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1914 CARLISLE ROAD, 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) -LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 it, 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) LOWER ALLEN TOWNSHIP AUTH. LOWER ALLEN TOWNSHIP AUTH. CIO STEVEN P. MINER, ESQ. 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 3211 N FRONT ST HARRISBURG, PA 17110-1342 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) TenanWccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1914 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13'h 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 unworn falsification to authorities. April 1, 2008 l ?. DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LUCAS J. PRINS NICOLE L. PRINS Defendant(s). CUMBERLAND COUNTY No. 08-920-CIVIL TERM April 1, 2008 TO: LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 NICOLE L. PRINS 1914 CARLISLE ROAD 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 HAVE 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, 1914 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 84$ ,097.98 obtained by CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ?` 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i? LEGAL DESCRIPTION ALL THAT CERTAIN piece or Parcel of land situate in Lower Allen Township, County of Cumberland, Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F. B. J. Branagan by D. P. Raffensperger, Registered Surveyor, Lemoyne, PA, dated January 20, 1955, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty- five feet Westerly from the Westerly side of 19th Street (sixty feet wide); THENCE extending Westwardly along the Northerly side of Carlisle Road, sixty feet to a point; THENCE extending Northwardly along the line dividing Lot Nos. 30 and 31 on the above mentioned Plan, and crossing a ten feet wide easement one hundred twenty feet to a point; THENCE extending Estwardly sixty feet to a point; THENCE extending Southwardly recrossing said ten feet wide easement and along the line dividing Lot Nos. 31 and 32, one hundred twenty feet to the Northerly side of Carlisle Road, the first mentioned Point and Place of BEGINNING. BEING known as Lot No. 31, Block'E' on the above mentioned Plan. TITLE TO SAID PREMISES IS VESTED IN Lucas J. Prins and Nicole L. Prins, h/w, by Deed from Wayne D. Harris and Melissa K. Harris, h/w, dated 06/07/2002, recorded 06/27/2002, in Deed Book 252, page 1921. PREMISES BEING: 1914 CARLISLE ROAD, CAMP HILL, PA 17011 PARCEL NO. 13-23-0547-348 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-920 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., s/b/m TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From LUCAS J. PRINS and NICOLE L. PRINS (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 $84,097.98 L.L.$ 0.50 Interest from 3/21/08 - 9/03/08 (per diem - $13.82) -- $2,307.94 and Costs Atty's Comm % Atty Paid $176.44 Plaintiff Paid Date: 4/03/08 Due Prothy $2.00 Other Costs $1,576.50 Prothonotary (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 29 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1914 Carlisle Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 13, 2008 By- J6 Real Est e Sergeant ?'? d L- 8dV [60l ?W