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HomeMy WebLinkAbout09-7134Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 (.Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 219675 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 V. Plaintiff BARTON L. SHANK KELLY S. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. dQ - 7/3 7 lCUMBERLAND COUNTY File #: 219675 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 (717) 249-3166 File #: 219675 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: BARTON L. SHANK KELLY S. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/26/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1981, Page 4122. The 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 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 #: 219675 6 The following amounts are due on the mortgage: Principal Balance $135,093.60 Interest $7,699.20 12/01/2008 through 10/16/2009 (Per Diem $24.06) Attorney's Fees $1,300.00 Cumulative Late Charges $436.10 01/26/2007 to 10/16/2009 Mortgage Insurance Premium / $223.10 Private Mortgage Insurance Cost of Suit and Title Search $550-00 Subtotal $145,302.00 Escrow Credit $0.00 Deficit $2,167.20 Subtotal $2-20 TOTAL $147,469.20 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in nerd 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 #: 219675 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $147,469.20, together with interest from 10/16/2009 at the rate of $24.06 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 ()3J By: ? *ence T. Phel , Esq., Id. No. 32227 El Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? ZJdith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 219675 LEGAL DESCRIPTION ALL those two (2) certain tracts or land and the improvements thereon erected, situate in Dickinson Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described in a survey by Gerrit J. Betz, R.S., dated June 16, 1975, as follows, to wit: TRACT NO. 1: BEGINNING at a railroad spike in the centerline of Myerstown Road (T-525) (33 feet wide) at the corner of lands now or formerly of Ernest D. Wright, said point being measured 187.8 feet to the centerline intersection of T-525 and Pennsylvania Route 34; thence extending from said point of beginning and along the centerline of Myerstown Road, South 55 degrees 50 minutes East, 65.0 feet to a point at the corner of Tract No. 2 hereinafter described; thence along the dividing line between Tract No. I and 2, South 28 degrees 43 minutes West, 133.0 feet to a point at corner of lands now or formerly of Ira and Sara Davis; thence along said Davis lands, North 55 degrees 50 minutes West, 59.0 feet to an iron pin at the corner of lands now or formerly of Kenneth Miller; thence along said Miller lands, North 06 degrees 10 minutes East, 15.00 feet to an iron pin at the corner of said Wright lands; thence along said Wright lands, North 28 degrees 43 minutes East, 119.20 feet to a point, the place of beginning. HAVING thereon erected a brick and frame ranch-type dwelling with attached one-car garage and detached one-car garage, TRACT NO. 2: BEGINNING at a point in the centerline of Myerstown Road (T-525) (33 feet wide) said point being measured 252.9 feet to the centerline intersection of T-525 and Pennsylvania Route 34; thence extending from said point of beginning and along the centerline of Myerstown Road, South 55 degrees 50 minutes East, 60.0 feet to a railroad spike at the corner of lands now or formerly of Donald L. Baker; thence along Baker lands, South 28 degrees 43 minutes West, 133.0 feet to an iron pin at the corner of lands now or formerly of Ira and Sara Davis; thence along said Davis Lands, North 55 degrees 50 minutes West, 60.0 feet to a point at the dividing line between Tract Nos. 1 and 2; thence along said dividing line, North 28 degrees 43 minutes East, 133.20 feet to a point, the place of beginning. UNDER AND SUBJECT, NEVERTHELESS, to restrictions and easements on record. PARCEL NO.0843-2754-025 PREMISES 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 File #: 219675 The undersigned attorney hereby states that I am the attorney for the 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. DATE: lU `? Attey for Plaintiff File #: 219675 Ry 2009CCT 19 PH {:25 i2?-- aazr? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7134 CIVIL TERM BARTON L. SHANK CUMBERLAND COUNTY KELLY S. SHANK Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 219675 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? La ence T. Phelan, Esq., Id. No. 2227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-12-09 PHS #: 219675 Jason Jenkins hereby states that he/she is Assistant Vice President of CITIMORTGAGE, 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 unworn falsification to authorities. L-t K: ? = Jason Jenkins, Assistant Vice President: DATE: October 19, 2009 Company: CITIMORTGAGE, INC. File #: 219675 Shank Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. BARTON L. SHANK KELLY S. SHANK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7134 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: BARTON L. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 PHS #: 219675 KELLY S. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: _ .sue ? ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ,f] Courtenay R. Dunn, Esq., Id. No. 206779 (? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-12-09 PHS #: 219675 g$ria, ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?0w?,ty of 4urrr?t?,???d OFFICE F* rcRIrF 10 F ii 1N'r'T' r' ^•' )T*{ 2009 NOV 24 AM 8: 37 Ct;tf Citimortgage Inc vs. Barton L. Shank Case Number 2009-7134 SHERIFF'S RETURN OF SERVICE 11/18/2009 12:40 PM - Jason Vioral, Corporal, who being duly sworn according to law, states that on November 18, 2009 at 1240 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barton L. Shank, by making known unto himself personally, at 537 1st Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hirr personally the said true and correct copy of the same. 11/19/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kelly S. Shank, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kelly S. Shank. Barton L. Shank advised Deputies the defendant is currently living in York County. SHERIFF COST: $7410 November 19, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Corpor !c7 GountySuite Sheriff. Teieosott. inr.. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ~vek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BARYON L. SHANK KELLY S. SHANK Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-7134 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BARYON L. SHANK, and KELLY S. SHANK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: ~I~F.op PD A"n'`I Ct* 43(,5~f8 R,# a~oys? ~~~ ~~ As set forth in Complaint $147,469.20 Interest -10/17/2009 to 04/13/2010 $4,306.74 TOTAL $151,775.94 I hereby certify that (1) the Defendants' last known addresses are 537 1sT STREET, CARLISLE PA 17013 and 3607 E MARKET ST YORK PA 17402-2627, and mortgaged premises located at 5 BALL PARK DRIVE GARDNERS PA 17324-8 ,and (2) that notice has been given in accordance with Rule 237.1, copy attached. , DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: _~ Lawrence T Pl an, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff PHS # 219675 PROTHONOT. (Rule of Civil Procedure No. 236) -Revised CITIMORTGAGE, INC. vs. BARYON L. SHANK KELLY S. SHANK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-7134 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ~ 1 By: ~ If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Shee R. Shah-Jani, Esq., Id. No. 81760 ^ Je a R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BARYON L. SHANK KELLY S. SHANK Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-7134 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b~ that defendant BARYON L. SHANK is over 18 years of age and last known address is 537 1 s STREET, CARLISLE, PA 17013, and mortgaged premises located at 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901. (c) that defendant KELLY S. SHANK is over 18 years of age and last known address is 3607 E MARKET ST, YORK, PA 17402-2627, and mortgaged premises located at 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901. This statement is made subject to the penalties of ~ Pa. C.S. Section 4904 relating to unsworn falsification to authorities. „ // , _ U Lawr~nc~ T. el ,Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judit T. Romano, Esq., Id. No. 58745 ^ Sh tal R. Shah-Jani, Esq., Id. No. 81760 ^ J 'ne R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff CITIMORTGAGE, INC. v BARYON L. SHANK KELLY S. SHANK TO: KELLY S. SHANK 3607 E MARKET ST YORK, PA 17402-2627 Plaintiff Defendant(s) DATE OF NOTICE: March 17, 2010 COURT OF COMMON PLEAS CIVIL DNISON NO. 09-7134 CIVIL TERM CUMBERLAND COUNTY 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 APPERANCE 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. PHS # 219675 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 ~ARLISLE, PA [ 7013 _ / , 1 (~I'`7) 249-3166 By: Lawrence T.fihelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. b9849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., [d. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua [. Goldman, Esq., [d. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 219675 CITIMORTGAGE, INC. v. BARYON L. SHANK KELLY S. SHANK TO: BARYON L. SHANK 537 1ST STREET CARLISLE, PA 17013 Plaintiff Defendant(s) DATE OF NOTICE: March 17, 2010 COURT OF COMMON PLEAS CNIL DNISON NO. Q9-7134 CNIL TERM CUMBERLAND COUNTY 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 RECENED 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 )N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FII.E 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 Np FEE. PHS # 219675 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. helan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., [d. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 219675 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff ~• NO. 09-7134 CIVIL TERM BARYON L. SHANK CUMBERLAND COUNTY KELLY S. SHANK Defendant(s) TO: KELLY S. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 DATE OF NOTICE: March 17, 2010 THIS FIlZM 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. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTI'H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 219675 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLI LE, PA 17013 17) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 219675 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 09-7134 CIVIL TERM BARYON L. SHANK CUMBERLAND COUNTY KELLY S. SHANK Defendant(s) TO: BARYON L. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 DATE OF NOTICE: March 17, 2010 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 WII,L 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIlVIS 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 HEARNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT 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. PHS # 219675 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., [d. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 219675 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS v. BARYON L. SHANK KELLY S. SHANK Defendant(s) CIVIL DIVISION N0.09-7134 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/14/2010 to Date of Sale ($24.95 per diem) TOTAL 0 ~a~F.oo QA air/ '1~•1. a o CeF 37. oo ~~ 78.50 ~~ I~.Oo " IMF. oo ~. a.so ~~ ~ d~FO. ao - P~ ATr/ C 3 ~ c:~ Q ;.-, , , _ $151,775.94 w ~ - '~ r- ~-~ t`t'7 3 692.60 u; _ -~ - $155,468.54 `~ .~• . c~ A ney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 219675 ~d.oo (JuECo • 5o t_t,. cr~9~53~3 ~-# a4tcvog b ~ .a o o, ~ °° N ~ ~ ~ ? x a x W¢ Q Q a ~~°" ~~v~ 3 z~a v~a+W oH~ ~.~z ~~~ ~¢~ b ¢ cn ¢ Qa ¢ ~ ¢ f~ ~n U ~n C7 ~zz OQ ~a W a ~' a~ Oa H O O~ O~ U W ~~ ~U V W C7 a ~~ ~a H U x~ ~~b a~ ~ .~ z~Q oa ~~ U w ~ O o H ~ L w 3° o~ ~ on ~~ W a w 0 N ~ ~ ~ ~ N `n V1 pip `D .-~ D, ~ Q\ ~ ~ 00 N ~ N ~ vim' "' ~ ~ M D\ ~ .--~ O O O N Op M M o b O N O O M 0 l~ 00 O~ NO N O p„z o oz ozo~o~N,~ ~o 0 ob o oz ,.a~zzbz-o 0 0 °~ ozz a,zzb a~ ti ti ..,~~zzzoozbv~'Gj'db c ~a,o;,W v,Wbbbzb ~a'o ~aN'-~j •~ W W W -d W ..: ~ ~ ~b a"W W ~ W W ~ ~ww '" ~ ~awl~~ti~tia>tia¢~'tiU~°U¢ ¢~^^^^^^^^^^^^^^d~^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza ' ~~ ~ '- ~ - Philadelphia, PA 19103 ~~~ T~ ~ ~' ~~' ~ ~~ `~~~~'~ 215-563-7000 2ClQ ~s':,, -5 F'~ I E ~ ~-Q CITIMORTGAGE, INC. Gv'G rf F J ~~.5; COURT OF COMMON PLEAS Plaintiff ~ , ~` ~'`: L CIVIL DIVISION v. . N0.09-7134 CIVIL TERM BARYON L. SHANK , KELLY S. SHANK CUMBERLAND COUNTY Defendant(s) , CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: c Atto r Plaintiff P an Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE, INC. ~ Plaintiff v. BARYON L. SHANK KELLY S. SHANK Defendant(s) ~(' wr - Z~~Qfli$i _~ 1~1{'t ~~ ~~ CU's , ; ;; ~~.~~~' ,,. ,~,~ _ ~ ,'i; COURT OF COMMON PLEAS CIVIL DIVISION N0.09-7134 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901. 1 2. 3 4. 5 Name and address of Owner(s) or reputed Owner(s): Name BARYON L. SHANK KELLY S. SHANK Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 537 1ST STREET CARLISLE, PA 17013 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to authorities. May 5, 2010 By: < Attorn or Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ,,~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CI'~IMORTGAGE, INC. BARYON L. SHANK KELLY S. SHANK ~~ ` ~-~ _ COURT OF COMMON PLEAS ~laintiff CIVIL DIVISION cGl~t~r~~ -~ f'~At ! ~+ vs. N0.09-7134 CIVIL TERM ~_ ~'w~: ~ ~s`Y i ~~ __ ti - . r ~ ~ ~ __; ~ ti ir'`, CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARYON L. SHANK 5371ST STREET CARLISLE, PA 17013 KELLY S. SHANK 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 **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, 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 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 is scheduled to be sold at the Sheriffls Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $151,775.94 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. ~'he 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-7134 CIVIL TERM CITIMORTGAGE, INC. vs. BARYON L. SHANK KELLY S. SHANK owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 Parcel No. 08-43-2754-025 08002322 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,775.94 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL those two (2) certain tracts or land and the improvements thereon erected, situate in Dickinson Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described in a survey by Gerrit J. Betz, R.S., dated June 16, 1975, as follows, to wit: TRACT NO. 1: BEGINNING at a railroad spike in the centerline of Myerstown Road (T-525) (33 feet wide) at the corner of lands now or formerly of Ernest D. Wright, said point being measured 187.8 feet to the centerline intersection of T-525 and Pennsylvania Route 34; thence extending from said point of beginning and along the centerline of Myerstown Road, South 55 degrees 50 minutes East, 65.0 feet to a point at the corner of Tract No. 2 hereinafter described; thence along the dividing line between Tract No. 1 and 2, South 28 degrees 43 minutes West, 133.0 feet to a point at corner of lands now or formerly of Ira and Sara Davis; thence along said Davis lands, North 55 degrees 50 minutes West, 59.0 feet to an iron pin at the corner of lands now or formerly of Kenneth Miller; thence along said Miller lands, North 06 degrees 10 minutes East, 15.00 feet to an iron pin at the corner of said Wright lands; thence along said Wright lands, North 28 degrees 43 minutes East, 119.20 feet to a point, the place of beginning. HAVING thereon erected a brick and frame ranch-type dwelling with attached one-car garage and detached one-car garage. TRACT N0.2: BEGINNING at a point in the centerline of Myerstown Road (T-525) (33 feet wide) said point being measured 252.9 feet to the centerline intersection of T-525 and Pennsylvania Route 34; thence extending from said point of beginning and along the centerline of Myerstown Road, South 55 degrees 50 minutes East, 60.0 feet to a railroad spike at the corner of lands now or formerly of Donald L. Baker; thence along Baker lands, South 28 degrees 43 minutes West, 133.0 feet to an iron pin at the corner of lands now or formerly of Ira and Sara Davis; thence along said Davis Lands, North 55 degrees 50 minutes West, 60.0 feet to a point at the dividing line between Tract Nos. 1 and 2; thence along said dividing line, North 28 degrees 43 minutes East, 133.20 feet to a point, the place of beginning. UNDER AND SUBJECT, NEVERTHELESS, to restrictions and easements on record. TITLE TO SAID PREMISES IS VESTED IN Barton L. Shank and Kelly S. Shank, his wife, by Deed from Raymond E. Highlands and Lisa Ann Highlands, h/w, dated 01/26/2007, recorded 02/07/2007 in Book 278, Page 3601. PREMISES BEING: 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 PARCEL N0.08-43-2754-025 08002322 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7134 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From BARYON L. SHANK and KELLY S. SHANK (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 $151,775.94 L. L.$.50 Interest from 4/14/10 to Date of Sale ($24.95 per diem) -- $3,692.60 Atty's Comm Atty Paid $240.20 Plaintiff Paid Due Prothy $2.00 Other Costs Date:- S/5%10 David D. Buel ,Prothonotary - (Seal). By: Deputy RE:~iJESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Te 1 ephon e: 215-563-7000 Supreme Court ID No. 206779 r r ~ , 2Ql0 JJl_ ZO ~~~i c= i ~ .~~ , i~~i''~i r~~'~`i.'4`;~.h ~~ JUL 16 2010 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County BARYON L. SHANK KELLY S. SHANK No. 09-7134 CIVIL TERM Defendants RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the ~~ day of 2010, at~~ in the h~n~ CourtroonTofthe Cumberland County Courthouse, Carlisle vania. Y T J. ~~~ rn~i~, a~ a ~~. ~ . ~~, ~' k x.~~.,~ 7~~a~~v 219675 3 s M ~ • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. BARYON L. SHANK CUMBERLAND County KELLY S. SHANK Defendants ORDER No. 09-7134 CIVIL TERM AND NOW, this day of , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through September 8, 2010 Per Diem $24.06 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections) Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Fundy Charge Suspense/Misc. Credits Escrow Deficit TOTAL $135,093.60 $15,535.36 $436.10 $1,430.00 $1,181.50 $a.oo $1,254.85 $0.00 $1,574.51 $0.00 ($10.74) $3,596.76 $160,091.94 Plus interest from September 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 219675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. c°> CIVIL DIVISION r ~, ._; BARYON L. SHANK -r~`a , ~-. ~`! c.-~ ~, KELLY S. SHANK No. 09-7134 CIVIL TEI~'I ' r-- ' '_' r~.~ Defendant(s) ~ ` N ~ ~ ~=w' re-= t -- AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~~? __ - .... COMMONWEALTH OF PENNSYLVANIA ) ~ -~ '- _-=..~ PHILADELPHIA COUNTY ) SS: ~-~ ,n =~' As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 3817 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached xhibit "A". ^ Lawr c . P Ian, Esq., ld. No. 32227 ^ Francis linan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheeta .Shah-Jani, Esq., Id. No. 81760 ^ Jen' R. Davey, Esq., Id. No. 87077 ^ uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Q nr/ ~~ Attorney for Plaintiff Date: `~ 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. PHS # 219675 t~ ~~ ~' V c e °c ao a° ~ en ~~~~ ~~a .~ ~ ~ ~" ~~~ ~~~~ o~ ~~ a °~w i~ y b ~ ~ z~¢o ~~~~ w ~'~~ .Q ~~ ~~~~ ~ ~ • n°, s o Ls L aaooaiz woad aanvri ~~~ ~. ~ ~ ~' OLOZ ~ Ok~N 9 ~~ ZO ~ SZLLLti000 WL ZO ~r ti 02 RF +.,~~,,, .~r by ~"~'~l,.~'i . r:~~ ~ ~~ Z ~ C ~as~~ ~~~~~ ~ Y-4~N ~ ..~~~ ~ ~s~s ~ g ,~ ~ ~o ~ ~. 8 • gs:s ~ ~ i I S ;~ ' , w ~ ~ > vl n ~ ~ ~~'y ~ N ~ . g ~ .~ ~e ~ iii ~~'~~~ I i M ' '~ F d A o ^ O o ~ ~ C °' .V~r 3 ~i ~ a .s ,,,, ~p ~ ~ E"i ~ ] ~ ~ C ~ A ~ ° _w, .. i ~ C a3 ~ ~ t°~j •p F~ '~ D U o a w ~ ~ N ! ~ ~~ O +~ d~ O ~~ pq ~q~H NN ti wO °Qv ~ ~ a~U °~= o~,~ vv~~ ~ S o~ add ~4"•or3~w e ~ Z ~O ~~ w Q a0G o~d °~ a`O ~ ,~~ a ~w ~ ~' ~ o o ~ o 3~ ~ Z cz~taa~ 0 8z a a ~o L E-~v~G7A~~UUAa~~ ~ ~.'~Mg~'~~$ Sv~f~...,a~AL~~C~ m a4 ~: . ~~ ~' , ,~ i z * p T A ~ ~ .~ N M et M ~O N 00 O~ O .-+ .r .r N .y M ..r V' .r M .r z c ._ t-. a ^., PNC BANK, NATIONAL ASSOCIATION: IN THE COURT OF COMMON PLEAS OF EXECUTOR OF THE CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF WILLIAM G. MAGARO, Plaintiff V. LOWELL R. GATES, N0. 2009 - 7265 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 26TH day of JULY, 2010, a pretrial conference in the above captioned matter is SCHEDULED for ''3 ~~~ ~ /'3 '~in Courtroom # 3 of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. By he ourt, Edward E. Guido, J. c/JOHN M. EAKIN, ESQUIRE ~U[~'TES, HULBRUNER, HATCH & GUISE COURT ADMINISTRATOR ~ta(~y ~I„tG~L t~ '~~. `£ i ( r , sld n ~- . = _~, ~=- ,. i ~~ r r . ' ~ lLJ ~) ~.~ .' 7/ag /w ~ _ - _ ~.~ _ ~ ~t ~: ~ ~ .: -~- ~~~.rr-f . -.~: LtJ~U ~~'~3 "J i ~1 I.;: ti ~VFr 3 Oil? ~f : o~ Gas - ~ ;,,, .!l1 'i i . ~ r~ ~!'~ 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County BARYON L. SHANK KELLY S. SHANK No. 09-7134 CIVIL TERM Defendants CERTIFICATION OF SERVICE 219675 I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 23, 2010 was sent to the following individual on the date indicated below. BARYON L. SHANK BARYON L. SHANK KELLY S. SHANK 537 1ST STREET 5 BALL PARK DRIVE CARLISLE, PA 17013 GARDNERS, PA 17324-8901 BARYON L. SHANK KELLY S. SHANK 3607 E. MARKET ST YORK, PA 17402-2627 Phelan Hallinan & Schmieg, LLP DATE: Z By: vL.~ ~ U~d`U'~-~.P/)'~' ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 219675 ~~~"vkoa~yt~KoT AFFIDAVIT OF SERVICE (FNMA) ~j'~QV~p (o~~¢ j (0 PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PH5 # 219675 DEFENDANT SERVICE TEAM/ kxc BARYON L. SHANK KELLY S. SHANK COURT NO.: 09-7134 CIVIL TERM SERVE BARYON L. SHANK AT: TYPE OF ACTION 5 BALL PARK DRIVE XX Notice of Sheriff's Sale GARDNERS, PA 17324-8901 SALE' DATE: 09/08/2010 **PLEASE RUSH SERVICE** SERVED g Description: Age ~ Height 5,6' Weight (~o V Race w Sex M Other Served and made known to BARYON L. SHANK ,Defendant on the ~_ day of L(N E , 20 ~ at h-~ 3'•.5s, o'clock ~. M., at 3 Mgat L~N~LIStE, I'A * in the manner described belovEw o `~'; 1~ Defendant personally served. ~ _ Adult family member with whom Defendant(s) reside(s). ,~ , 7 -`~' s Relationship is ~ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. -_ ~ =' 1~ _ Other: ~ ~ W b I, K ~Ai,A-t _A ILL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. D~~Na~,l. ~ C~ON't'INUrc.D 1NVlFJSTt6~]'t6N AtsGt,~Si~A 'r1}f}T Sworn to and subscribed ~S (DDS ~ 3 M~ ~ ~.Y N DQ t tlE, ~~ L(S L E I p q- . before me this ~t± day of G N , 20ja. KIMBERLY CURTY Not By: ~I%~~(~~~~ NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 On the day of , 20_, at o'clock _. M., Defendant ecause: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me [his day ofd By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Pbebw, Esq., Id No. 32227 Francis S. HaBhun, Esq., Id. No. 52695 Da~dei G. Sdwdeg, Esq., Id No. 52205 MicMk M. Bradford, Eaq, Id. No. 69849 Judith T. Romam~, Esq., Id. No. 58745 Shatal R Shah-Jani, Fsq„ Id. No. 81760 Janine R Davey, Esq., Id. Na. 87077 Lauren R Tubes, Esq., Id No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jaors. Esq., Id. No. 866.57 Peter J. Mdahy, Esq., Id No. 61791 Andrew L. Spivack, Esq., Id No. 84439 Jahoe McGuinness, Esq, Id No. 90134 Chrieovalante P. Fiakos, Esq., Id. No. 94620 Joshua L Goldm~, Esq., Id. No. 205047 Conrla~ay R Dueo, Esq., Id. No. 206779 Andrew C Brambktl,~F~O., id Nw 208375 One Pam Center al barban Station 1617 Jahn F. Kennedy Blvd., Suite 1400 PLAINTIFF CITIMORTGAGE, INC. DEFENDANT BARYON L. SHANK KELLY S. SHANK AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY SERVE KELLY S. SHANK AT: 3607 E MARKET ST YORK, PA 17402-2627 PHS # 219675 SERVICE TEAM/ kxc COURT NO.: 09-7134 CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/08/2010 C.: ~~~~ ~~ SERVED r" ,~ ~-i Served and made known tq~'/1~ f i-~/~. ,Defendant on the/L day of , 2~~, at ~', C ~ '~' L~ o'clock M., at ,~-?~v~- ,~.g~~5~' , in the manner desc bed below: t ~ • `-' '~ Defendant personally served. - ~ ~ ro• _ Adult family member with whom Defendant(s) reside(s). ~ -" - -p Relationship is , = ~ _ - Adult in charge of Defendant's residence who refused to give name or relationship. r,'a4 ~j , _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _j c~ ' • `= " _ Agent or person in charge of Defendant's office or usual place of business. ~ ~ an officer of said Defendant's company. Other: Description: Age ~ ~ Height S'' Weight 13~` = Race w Sexes Other I> ~ ~ ~~-~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed NOTARIAL SEAL before me this 16~" day DENNIS C HUBER " . of _, 20~, Notary Public • ALLENTOWN CITY, t.EHIGH COUNTY . Notary: I ~ By; ~ • My Commis~iort ~xprrea May 6., 2013 NOT SERVED On the day of , 20 , at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day - of ~ By; Notary: ATTORNEY FOR PLAINTIFF l.awrena T. Phelw,, Esq., Id. Nw 32227 P>w«b S. 11alYnouy Esq., Id. Na 62695 Danlel G. ScAndeg, Esq., Id. Nw 62205 Midkk M. Bndtwd, Faq., Id. Na 69849 ladNY T. Rw,rno, Eeq~ id. Na 58745 Sha4a1 R SW-J~,i, Esq., Id. Na 81760 J®tue R Qa~ey, Eq„ Id. Na 87071 Grreu R Ta6as, 6eq., Id. Nw 93337 Vlvek Srivaviara, Esq., id Na 202331 Jay &.1a,es, Fsq., Id. Na 8665! PeterJ. Mak~,y, Esq., [d. No. 61791 Andrew 4 SPivrck, Esq., Id. No. 84439 Jaime McGniene~, Esq., Id. Nw 90134 Chrisovalaole P. Flmkaa. Eaq., b. No.94620 . Jashna I. Cotlman, Esq., Id. Na 205047 - Cou>tensy R~pmq ~9+ Id. No.206779 Andrew G BramDlett, Esq., W. Na 208375 P n ier W S D S ~ K u u n Ufian I6t71 nedy Blvd., Suitt 1400 Philadelplda, PA 19103-1814 (215) 563.7000 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr SHERIFF'S OFFICE OF CUMBERLAND COUNTY w Citimortgage Inc vs. Barton L. Shank (et al.) ~~~, ~tt~~ of ~ ltinfirr~~y~~~ Oi= ~I"~~ P ~ NON TARY 2CIQ OCT ?.0 A~4 g: t}~ CiJ~4B~ERl.Ah~D COUNTY PEMNSYLVAt~IA Case Number 2009-7134 SHERIFF'S RETURN OF SERVICE 06/26/2010 09:44 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0944 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 Barton L. & Kelly S. Shank, located at, 5 Ball Park Drive, Gardners, Cumberland County, Pennsylvania according to law. 06/26/2010 11:28 AM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Barton L. Shank, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Barton L. Shank, defendant moved and did not leave a forwarding address. 06/26/2010 09:44 AM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kelly S. Shank, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Kelly S. Shank, defendant moved and did not leave a forwarding address.l, Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kelly S. Shank, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Sheriffs Levy, Sale and Posting of Schedule of Distribution and Plaintiffs Notice of Sheriffs Sale and Debtor's Rights as "Not Found" at 5 Ball Park Drive, Dickinson Township, Gardners, PA 17324. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265 being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 834.71 SHERIFF COST: $834.71 SO ANSWERS, October 11, 2010 RON R ANDERSON, SHERIFF ~4~00 ~~• Q.~_ S7j l~C.. ~,d. C~ 7~~~ (cI CountySuite Sheriff. Teteosoft_ In:;. I~Z - " ~(.~~ ~p t CITn1VIORTGAGFi, i1~iC. ~~'laintif~ ~ v. BARYON L. SHANK KELLY S. SHANK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-7134 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CTTIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901. 1 2. 3 4. 5 Name and address of Owner(s) or reputed Owners}: Name BARYON. L. SHANK KELLY S. SHANK Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 537 1ST STREET CARLISLE, PA 17013 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. ~ Name end address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by'the said: ~ ' Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5 BALL PARK DRIVE GARDNERS, PA 17324-8901 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to authorities. May 5, 2010 By: < Attorn or Plaintiff Phelan Hallman & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Haltinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ,,~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Brambtett, Esq., Id. No. 208375 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.09-7134 CIVIL TERM BARYON L. SHANK CUMBERLAND COUNTY KELLY S. SHANK Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARYON L. SHANK KELLY S. SHANK 5371ST STREET 5 BALL PARK DRIVE CARLISLE, PA 17013 GARDNERS, PA 17324-8901 * *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, 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 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 is scheduled to be sold at the Sheriffs Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $151,775.94 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled 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 81230. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~~ SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-7134 CIVIL TERM CITIMORTGAGE, INC. vs. BARYON L. SHANK KELLY S. SHANK owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 5 BALL PARK DRIVE. GARDNERS, PA 17324-8901 Parcel No. 08-03-2754-025 08002322 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,775.94 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 t LEGAL DESCRIPTION ALL those two (2) certain tracts or land and the improvements thereon erected, situate in Dickinson Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described in a survey by Gerrit J. Betz, R.S., dated June 16, 1975, as follows, to wit: TRACT NO. 1: BEGINNING at a railroad spike in the centerline of Myerstown Road (T-525) (33 feet wide) at the comer of lands now or formerly of Ernest D. Wright, said point being measured 187.8 feet to the centerline intersection of T-525 and Pennsylvania Route 34; thence extending from said point of beginning and along the centerline of Myerstown Road, South 55 degrees 50 minutes East, 65.0 feet to a point at the corner of Tract No. 2 hereinafter described; thence along the dividing line between Tract No. 1 and 2, South 28 degrees 43 minutes West, 133.0 feet to a point at comer of lands now or formerly of Ira and Sara Davis; thence along said Davis lands, North 55 degrees 50 minutes West, 59.0 feet to an iron pin at the corner of lands now or formerly of Kenneth Miller; thence along said Miller lands, North 06 degrees 10 minutes East, 15.00 feet to an iron pin at the corner of said Wright lands; thence along said Wright lands, North 28 degrees 43 minutes East, 119.20 feet to a point, the place of beginning. HAVING thereon erected a brick and frame ranch-type dwelling with attached one-caz gazage and detached one-car garage. TRACT N0.2: BEGINNING at a point in the centerline of Myerstown Road (T-525) (33 feet wide) said point being measured 252.9 feet to the centerline intersection of T-525 and Pennsylvania Route 34; thence extending from said point of beginning and along the centerline of Myerstown Road, South 55 degrees 50 minutes East, 60.0 feet to a railroad spike at the corner of lands now or formerly of Donald L. Baker; thence along Baker lands, South 28 degrees 43 minutes West, 133.0 feet to an iron pin at the corner of lands now or formerly of Ira and Saza Davis; thence along said Davis Lands, North 55 degrees 50 minutes West, 60.0 feet to a point at the dividing line between Tract Nos. 1 and 2; thence along said dividing line, North 28 degrees 43 minutes East, 133.20 feet to a point, the place of beginning. UNDER AND SUBJECT, NEVERTHELESS, to restrictions and easements on record. TITLE TO SAID PREMISES IS VESTED IN Barton L. Shank and Kelly S. Shank, his wife, by Deed from Raymond E. Highlands and Lisa Ann Highlands, h/w, dated 01/26/2007, recorded 02/07/2007 in Book 278, Page 3601. PREMISES BEING: 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 PARCEL NO.08-43-2754-025 08002322 WRIT OF EXECUTION and/or ATTACHMENT ~ , COMMONWEALTH OF PENNSYLVANIA) NO 09-7134 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From BARYON L. SHANK and KELLY S. SHANK (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 $151,775.94 L.L.$.50 Interest from 4/14/10 to Date of Sale ($24.95 per diem) -- $3,692.60 Atty's Comm Due Prothy $2.00 Atty Paid $240.20 Other Costs Plaintiff Paid Date: 5/5/10 David D. Buell, Prothonotary (Sear By: REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 206779 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 5 Ball Park Drive, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: 1 Real Estate Coordinator ~'~ ~ 1 c PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVAI~TIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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. I wnt 110. X009.7134 Ciu Lisa Marie Co ,Editor Citimort~age Inc. V8, SWORN TO AND SUBSCRIBED before me this Barton L. Shank _ 30 da of Jul 2010 Kelly S. Shank , Atty.: Daniel Schmieg By virtue of a Writ of Execution ' NO. 09-7134 CIVIL TERM, CITI- NOtary MORTGAGE, INC. vs. BARYON L. SHANK, KELLY S. SHANK, owners of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being 5 BALL PARK NOTARIAL SEAL DRIVE, GARDNERS, PA 17324- DEBORAH A COLLINS 8901. Noury Public Parcel No. 08-43-2754-025 0800- CARLISLE BOROUGH, CUMBERLAND COUNTY 2322• My Connnitsion Expins Apr 28, 2014 Impa~wements theram: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $151,775- .94. ' The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~tahiot News Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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 rit No. 2009"7134 Civil Term Citimortgage Inc vs Barton L. Shank ~ Kelly S. Shank t Atty: Daniel Schmieg By virtue of a Writ of Execution N0.09-7134 CIVIL TERM CITIMORTGAGE, INC. ~s. BARYON L. SHANK KELLY S. SHANK owner(s) of property situate is DICKINSON TOWNSHIP, Cumberland County,Pennsylvaoia, being tMtY> 5 BALL PARK DRIVE, GARDNERS, PA 17324-8901 Parcel No. 08.43-2754-025 08002322 (Acreage or sheet address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,775.94 This ad ran on the date(s) shown below: 07/09/10 07!16/10 07/23/10 T /i worn to afiti subscribed before me thi 5 ' y of August, 2010 A.D. ~ ~f ~ / ~` i f ~'L~, ~~~1 - Notary Public ~'DMM4NW~gf,'I'i~ wF P~fVi~;5YLV,gN'TA Notarial Seri SheMe L. Kisner, NoFesry F'ul;isc ~i Lower Paxton TWp., Dgt;pltlii County My Corrsmfssion Fxplrps Nar, 25 2011 Member, t'eni~.s.~±~>~,ni,~ A;s.,,::;; ----'"` I ~hton of Ntztaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 5th day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 7134, at the suit of Citimortgage Inc against Barton L & Kelly S Shank is duly recorded as Instrument Number 201030011. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~ ~ ~ day of