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Home My WebLink About10-2222Phelan Hallinan & Schmieg, LLP Lawren^e T. Phelan, Esq., Id. No. 32227 s-, ? ancis t 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. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Defendants OFT[ 1.U .-. 2010 AR -I All 11: 34 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. to - aaa.a 0'.1 V i I `(-?,m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Q 4ga.oo PO Arr{ CO U e amboq 233192 File #: 233192 49 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 233192 '1. `Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/16/2009 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN SOUTHWEST MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200901377. 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 12/01/2009 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 #: 233192 `'The following amounts are due on the mortgage: Principal Balance $107,210.12 Interest $2,903.60 11/01/2009 through 04/01/2010 (Per Diem $19.0922) Attorney's Fees $650.00 Cumulative Late Charges $109.32 01/16/2009 to 04/01/2010 Property Inspections/Property Preservations $54.33 Mortgage Insurance Premium / $130.62 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Subtotal $111,607.99 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $58.66 Subtotal 58.66 TOTAL $111,666.65 7 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 #: 233192 $. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $111,666.65, together with interest from 04/01/2010 at the rate of $19.0922 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ELAN HALLINAN & SCHMIEG, LLP B ? Lawrence T. Phelan, Esq., Id. No. 32227 ancis 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 Attorneys for Plaintiff File #: 233192 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street known as Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H. W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Scrafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. PROPERTY ADDRESS: 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 PARCEL # 39-35-2388-006 File #: 233192 VERIFICATION hereby states that he/she is 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 unsworn falsification to authorities. A / e . ann J //--?? Name: fl? C r DATE: vlv I V Title: U?u Company: CITIMORTGAGE, INC. C) DIANE K. EOFF Notary Public - Notary Seal State of Missouri File #: 233192 Young St. Louis County Commission #09857304 My Commission Expires August 20, 2013 nc THE t~~ `~.,-~_ ~~~~~~Y _~< <<<.; 2D1~J t'nl' 26 A~'~ 10~ 3~ 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. RACHAEL E. YOUNG WESLEY J. YOUNG, II Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2010-2222 .~~y.oo ~~-~i ~1~~~~s ,~,~,r(~d 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 RACHAEL E. YOUNG, and WESLEY J. YOUNG, II, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $111,666.65 Interest - 04/02/2010 to 05/24/2010 $1,011.89 TOTAL $112,678.54 I hereby certify that (1) the Defendant's last known address is 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727, and (2) that notice has been given in~,cc with Rule 237.1, copy attached. .....----"" wren .Phelan, Esquire Fr s 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ' ~ ~0 - /U ~- PHS # 233192 PROTHONOTARY ~" 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 Perm Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. RACHAEL E. YOUNG WESLEY J. YOUNG, II Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2010-2222 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 RACHAEL E. YOUNG is over 18 years of age and her last known residence is 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. (c) that defendant WESLEY J. YOUNG, II is over 18 years of age and his last known residence is 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,.,...----~`--' 'No. 32227 /U Franci man, Esq. d. No. 62695 ^ Dani . Schmieg, Es ., 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 ^ Pet .Mulcahy, Esq., Id. No. 61791 drew 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 (Rule of Civil Procedure No. 236) -Revised CITIMORTGAGE, INC. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS RACHAEL E. YOUNG CIVIL DIVISION WESLEY J. YOUNG, II No. 2010-2222 Notice is given that a Judgment in the above captioned matter has been entered against you on 5 0~ ~ ' ~ d By: ~ G,I~Q%~ 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 ^ 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. J ,Esq., Id. No. 86657 ^ P .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 PREVIOUSLYRECEIi~ED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, B UT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 2010-2222 RACHAEL E. YOUNG CUMBERLAND COUNTY WESLEY J. YOUNG, II Defendant(s) TO: WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 DATE OF NOTICE: May 4, 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 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. PHS # 233192 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. 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 CARLISLE, PA 17013 „~ (717) 2~-3166 By: Lawrence T. Plie7an, 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 # 233192 CITIMORTGAGE, INC. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 2010-2222 RACHAEL E. YOUNG CUMBERLAND COUNTY WESLEY J. YOUNG, II Defendant(s) TO: RACHAEL E. YOUNG 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 DATE OF NOTICE: May 4, 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 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 FQ,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. PHS # 233192 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. 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 RLISLE, PA 17013 (71749-3166 By: Lawrence `I`"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 # 233 t92 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) r P.R.C.P.3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff v. RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/25/2010 to Date of Sale ($18.78 per diem) TOTAL Note: Please attach description of property. PHS # 233192 s a.v . u o P~ ~ 9~G ~i~?'~ ~# z~rllul~l ~ f~, Q D c.s~s S F ~ G ~ OG ,, e, CML DIVISION N0.2010-2222 CUMBERLAND COUNTY $112,678.54 $ 3,718.44 ~` ~~~ -~ <•:. ~ 116,396.98 ~~ Attorney or 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 ^ Jos a I. Goldman, Esq., Id. No. 205047 ^ C enay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 ~~ ~~ ~ ~ y,oo ~ 1, s d pd- "~~ f 4 y . S~ ~ '~'I .v 0 o' c.._ t,a -a ~: ru 0 ~~~; J,-~r ~ ~, ~ ~ ~ ~ y ~ "'i ~ ~ ~ w~ w~ a~ a. °~ ~ uiOA aw~ >"OA ~wm - 3 ti ,.. wdz Q W ~¢z w w xUa Una ,.aUa rr~~a~., ~ M (n M V] ~1 o~ ~~ a~ a oa ~~ O~ ov ~~ o~ UW ~~ ~U U c~ Oa U C7 ~O~ Wpb ati~ ~"` A a V~ a~ 3 ~z o W ~ W a O o 3w O ~ W ~ ~~ U a 0 0 N ~ C ~ N ~ ,~ M ~ ~ ~ ~ OMO M~~ C~~ O M N ~~~ ~-. N N O Q~ O O O z~ Z o~p ~ N ~ ~O O p b D O z ,.,aZZZbZ,.~y d d °~ ozZ o~zzb •~W ~"~w o~W'~`".. ~z'~ s'a'c ~y'W _ d• .s~ w ~ ~ ~ ~ 04 w w td W W w ~ w v ~ ci. ~ ~ .a c ~ Gq ~ .a > .a ~ r~, ... a~ _, .. a' ° aFi~~~~~A~ ~ o~~a v ~~ ~U 1~~yy ~ ~ „may ~ ~.; a, ^0~~~~0000~~0^^^LJ LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street known as Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Scrafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. TITLE TO SAID PREMISES IS VESTED IN Wesley J. Young, II and Rachael E. Young, h/w, by Deed from Dennis V. Landi and Lynne E. Landi, h/w, dated 01!1612009, recorded 01/16/2009 in Instrument Number 200901376. PREMISES BEING: 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 PARCEL N0.39-35-2388-006 ~ CITIMORTGAGE, INC. Plaintiff v. RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) 2Ql0 JUN 23 P~1 i2= ~ 0 CI.J~rl~~.~,~g su ~:~UNTY PENP~SYLVAf~q COURT OF COMMON PLEAS CIVIL DIVISION . N0.2010-2222 CUMBERLAND COUNTY PHS # 233192 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 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. Name and address of Owner(s) or reputed Owner(s): Name RACHAEL E. YOUNG 2. WESLEY J. YOUNG, II Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 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) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE INTERNATIONAL PORTFOLIO, INC. INTERNATIONAL PORTFOLIO, INC. C/O WILLIAM T. MOLCZAN, ESQUIRE LVNV FUNDING, LLC C/O MICHAEL F. RATCHFORD, ESQUIRE P.O. BOX 280948 HARRISBURG, PA 17128-0948 P.O. BOX 280946 HARRISBURG, PA 17128-0946 2171 NORTHWEST 139 TERR. PEMBROKE PINES, FL 33028 1400 KOPPERS BUILDING PITTSBURGH, PA 15219 120 N KEYSER AVE SCRANTON, PA 18504 4. 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. 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) TENANTIOCCUPANT 35SCRAFFORDSTREET SHIPPEN5BURG, PA 17257-1727 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 United States Internal Revenue 13th Floor, Suite 1300 Special Procedures Branch 1001 Liberty Avenue Federated Investors Tower Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 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. ar June ~d'; 2010 sy: Attorney or aintiff 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 ^ C urtenay R. Dunn, Esq., Id. No. 206779 ~ ndrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff v. RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) Attorneys for Plaintiff ~ILE~-~!:~r~E 2010 JUPI 23 Pi`3 i2~ 10 CUMBi~~r:.r=~~dli ~~~~ COURT OF COMMON PLEAS i'~JV3'SSYI.VAi~diA : CIVIL DIVISION CERTIFICATION N0.2010-2222 CUMBERLAND COUNTY 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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: Attorney 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 ^ C enay R. Dunn, Esq., Id. No. 206779 ndrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE, INC. RACHAEL E. YOUNG WESLEY J. YOUNG, II vs. Plaintiff ZQ14 JUN 23 FF~ 12~ 13 f'E~iNSYLViA COURT OF COMMON PLEAS CIVIL DIVISION N0.2010-2222 CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 **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 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $112,678.54 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. 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 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 homy 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Strafford; thence along the northerly side of a 40 foot wide street known as Strafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Strafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Strafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. TITLE TO SAID PREMISES IS VESTED IN Wesley J. Young, II and Rachael E. Young, h/w, by Deed from Dennis V. Landi and Lynne E. Landi, hlw, dated 01!16!2009, recorded 01/16/2009 in Instrument Number 200901376. PREMISES BEING: 35 SCRAFFORD STREET, SHHIP"PENSBURG, PA 17257-1727 PARCEL N0.39-35-2388-006 WRIT OF EXECUTION andJor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2222 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From RACHAEL E. YOUNG AND WESLEY J. YOUNG, II (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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$ll2,678.54 L.L.$.50 Interest FROM 05/25/2010 TO DATE OF SALE ($18.78 PER DIEM) - $3,718.44 Atty's Comm Atty Paid $194.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JUNE 23, 2010 (Seal) Da uell, Pr onotary By: Deputy REQUESTING PARTY: Name ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP,1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 _ y-(yi 0 1 TH0N0TAR wig T{tlL Phelan Hallinan & Schmieg, LLP torney For Plaintiff 1617 JFK Boulevard, Suite 1400 Z a F?$ 2 AM One Penn Center Plaza CUTABERLAND COUNTY Philadelphia, PA 19103 g?}?$YLVAP?IA 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County RACHAEL E. YOUNG WESLEY J. YOUNG, II No. 2010-2222 Defendant PRAECIPE TO THE PROTHONOTARY: ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Plea e mark the in rem judgment Satisfied and he 4actin sc ontinued and Ended. Date: LLINAN & SCHMIEG,LLP By: [2. Tabas, Esqq-, RT No9333 Attorney for Plaintiff PHS # 233192 QV4?v % 9. So 1:>d a` 0_k.4 It s0kL14 a U '27 # a^r-?os3 I Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 2010-2222 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Date: ik -a-' PHS # 233192 Attorney for Plaintiff