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HomeMy WebLinkAbout10-6424SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~ttitp of ~'tu~br~p~~ ~. ~ ,.~; s~Fr;1GE,~,F Tt*E$FtEFiiFE ~t~,ECi ~F~'!C~' ~~ ~ ! F€~: ~-:.aTi °~~_~~ n ~~1 ~~~~, ~ c~i~~( 21 P~ ~~ ! ~~r;~~~~1_~ty~~ C:u:~t rJ Rt 11 ~~'~ j?Pt •3~ 4 ' ~~~~~•R ~h~a"€ri~t CITIMORTGAGE, Inc. Case Number vs. Brian M. Rank (et al.) 2010-6424 SHERIFF'S RETURN OF SERVICE 10/20/2010 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: Brian M. Rank, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Brian M. Rank. Request for service at 971 Greenspring Road, Newville, PA 17241 is vacant. The Newville Postmaster has confirmed Brian M. Rank's new address is 3 Glen Street Ext, Aliquippa, PA 15001. 10/20/2010 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: April L. Rank, 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 April L. Rank. Request for service at 971 Greenspring Road, Newville, PA 17241 is vacant. The Newville Postmaster has confirmed April L. Rank's new address is 3 Glen Street Ext, Aliquippa, PA 15001. SHERIFF COST: $64.80 October 20, 2010 SO ANSWERS, ... RON R ANDERSON, SHERIFF ;c) CountySuite Shenff. Teleosoft, Inr.. •' Robert N. Poles, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 ~~~~-~~-~~~;~~ Portfolio Recovery Associates, LLC ~~ ~~a~ ~'~~~~' ~~~~~~~ 140 Corporate Blvd. Norfolk, VA 23502 ?~Q ~ ~ ~~~' ~ ~ ~ ~ ~ FAX: 757 518 08 0102 _ ~1~;~4~EFdL~,~~O ~~~~~-~.~ Attorneys for Plaintiff t' ~-~'~~~~~~ ~f~~~l ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Bivd. Norfolk, VA 23502 Plaintiff v. CHRISTINE A HOOVER 423 BROOKVIEW CT DEFENSE DEPOT PA 17050 Defendant NOTICE .+ Gam` f You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action wihing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are wanted 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 of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. 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 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Pennsylvania Lawyer Referral Service (800)692-7375 Robert N. Poles, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC TRUE COPY FROM RECORD In Testimony whereof. I here unto set my hand end ttws~of acid Cotht coals. Py,~ This ,02 ~"`~ ~ : , ~ ~ ~ /o ~~.°`' (~ 3"his ro~runu~rication is horn a debt collector acrd is an attempt to collect a debt. ~~nv int«rrnation abtairtad ~~+11 he used #ctr that purpose. .' 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 . Plaintiff No. v. CHRISTINE A HOOVER 423 BROOKVIEW CT DEFENSE DEPOT PA 17050 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomaz accion dentro veinte (20) dias despues que esta Demands y Aviso es servicb, con entrando por escrito una apazencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas 0 obejciones a las demandas puestas en esate contra usted. usted es advertido que si falls de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en 1a Demands o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero 0 propiedad o otros derechos importante paza usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service -CUMBERLAND County Baz Association Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Pennsylvania Lawyer Referral Service (800)692-7375 I~t~is cajTijrtu~iicatioi~ is from a debt co(tectcn• a~idss ark atrtempt ro coltect a debt. ~1ny inforrnatio~~ c~btair~ad ~x~ill be used for that pur~osc. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CNIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. v. CHRISTINE A HOOVER 423 BROOKVIEW CT DEFENSE DEPOT PA 17050 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant CHRISTINE A HOOVER, is an adult individual with last known address of 423 BROOKVIEW CT, DEFENSE DEPOT PA 17050. 3. It is averred that Defendant was indebted to CitiFinancial,Inc. /JAY ENTERPRISES MECHANICS on with account number **********962A (hereafter referred to as "Account"). A copy of the account history is attached hereto and collectivelymarked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This communication is f~an~ a debt collector and is •~n attempt to collect a debt. zany u~turmatiim i~i~tainec! will ba used far that pu~~posa. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on December 8, 2007. 8. Plaintiff is the purchaser, assignee and/or successor in interest CitiFinancial,Inc. /JAY ENTERPRISES MECHANICS and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectivelymarked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $2,876.27. l O.Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11.The amount in controversy is within the jurisdictional amount requiring compulsory arbitration WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, CHRISTINE A HOOVER, in the amount of $2,876.27, plus costs of this action and any other relief as the Court deems just and reasonable. /~ V l.__ Robert N. Polas Jr., Esquire # 201259 Came A. Brown, Esquire # 94055 09-87424 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby states that she/he is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: AUG 2 0 2010 By. ~,~~$.,. ~''~~Pite ;~1. steahen Custodian of Records EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account : **********9b2A CHRISTINE A HOOVER Account Holder: CHRISTINE A HOOVER 423 BROOKVIEW CT DEFENSE DEPOT PA 17050 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off Balance at Purchase: Purchase Date: Product Code: PVT CitiFinancial,Inc. !JAY ENTERPRISES MECHANICS Portfolio Recovery Associates, LLC **********962A September 4, 2006 December 8, 2007 July 31, 2008 $2,876.27 Apri129, 2009 Balance at Purchase: $2,87b.27 Less Payments: $.04 Balance Due: $2,87b.27 09-87424 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ~~FFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, ` ,' ettc :v1. Stephen ,Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the stateme~s, representations and averments herein, and do so based upon personal knowledge and a review of the business records of the Account Assignee and those account records transferred to Account Assignee from CitiFinancial,Inc. /JAY ENTERPRISES MECHANICS ("Account Seller', which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account aze now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on Apri129, 2009. Further a review of the records reveals that the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction; compromise, collection or adjustmenrt of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the account records transferred to the Account Assignee from Account Seller, and mainrtained in the ordinary course of business by the Account Assignee, there was due and payable from CHRISTINE A HOOVER ("Debtor ") to the Account Seller the sum of $2,876.27 with the respect to account number (**********962A), as of Apri129, 2009 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there is currently due and owing the sum of $2,876.27 . Portfolio Recovery Associates, LLC ~ err ~~l~a.. By: ~'vette~M. Ste~}~he~stodianofRecords Su scribed and sworn t before me of 2010 Notary Pubh 09-87424 Katherine Yolanda ~Uuhammad ~` t ~ ~ Commrnw©altn =)f Vlrr~iNa ~`~ ^lntary !'!~iJLC ' ~~,~ ~ Commi551an No. ;72639 `~~;,~,~;" any Commission ~><plres u9l301?012 I pis cotntmtnicatian is from a debt collector and is an attzmpt to collect a debt. <trry information obtained ~~~il! be used for thai purpose. • ~ tifinancial ~,,,,r.•-- ~ d~ d a~ Ate AggU ~ ttEF Mp Zt?~ ag swt~- ~x~N~t,~. ~+~°d ~saia ~ ~~3h- ~o,~,.aY. ~~ " ~;,~C~~ Blou~'~' N and °t ~'A~"-~-_ "_ ~ 8n'!~' lac+M~ ~ subs w ~ ~ ~ ~r Seim ~ ~~ w B~7P'a'~'r~a'd d Far ~ 1~ ~ ant, b.e ,°"ac ~ and- ~° d~ aooou~ u"m`t,~,'„ ~•, ~ °f d"` ~~' ~~' ,tea ~-s~mm4~0° ~~ t .2 +~ ~ ~''~'"~ ~, Hu- of s.i.r ~~'ee'`,M,e~ra~•• i~ ~- p~,rid-rd ~ ~ Yeoo~r~ '~ anddd~ A ~ i°° aollle- wither 1,LrC p~tQiio 8s-y'0R Puri' ta'a' Br ~ gYs ~3~ Y~ ~,~~E ~Z ;1A 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. BRIAN M. RANK APRIL L. RANK Defendants c 1? tit 'p: t f'r 4 S 1'' S f" ,, n I 'k L 1, 1C, V ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 10-6424 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ?d C1011 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: November 9, 2010 PHELAN HALLINQN & SCHMIEG, LLP / 1 H Lawrence T. Phdan,)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 ? J dith T. Romano, Esq., Id. No. 58745 7SSheetal 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff /arm, Svc Dept. File# 250669 C"3 C rv c:a r -n SHERIFF'S OFFICE OF CUMBERLAND COUNTfcm rnR. -o Ronny R Anderso n N rn Q Sherrff ??1ti,, of ?ttu,r,?rt Ca Jody S Smith #? ??? > t-a 3 Chief Deputy - C -) Richard W Stewart --- Solicitor crr E ' 1'.-- ="ERIF CITIMORTGAGE, Inc. vs. Brian M. Rank (et al.) Case Number 2010-6424 SHERIFF'S RETURN OF SERVICE 11/10/2010 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: Brian M. Rank, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Beaver County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/10/2010 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: April L. Rank, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Beaver County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/16/2010 06:45 PM - Beaver County Return: And now November 16, 2010 at 1845 hours I, George David, Sheriff of Beaver County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: April L. Rank by making known unto Brian M. Rank, Husband of defendant at 3 Glen Street Ext, Aliquippa, PA 15001 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/16/2010 06:45 PM - Beaver County Return: And now November 16, 2010 at 1845 hours 1, George David, Sheriff of Beaver County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian M. Rank by making known unto himself personally, at 3 Glen Street Ext, Aliquippa, PA 15001 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 November 23, 2010 SO ANSWERS, 4" RON R ANDERSON, SHERIFF (n)Gounfy5uite Sheriff- Teleosoft_ Inc- SHERIFF'S RETURN - REGULAR CASE NO: 2010-06424 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BEAVER CITIMORTGAGE INC VS BRIAN M RANK ET AL KRISTEN CHAPES , Deputy Sheriff of BEAVER County, Pennsylvania, who being duly sworn according to law, says, the within MORTGAGE FORECLOSURE was served upon RANK BRIAN M ET AL DEFENDANT , at 1845:00 Hour, on the 16th day of November at 3 GLEN STREET EXT ALIQUIPPA, PA 15001 by handing to DEFT a true and attested copy of MORTGAGE FORECLOSURE REINSTATED together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers : ? 66:80' .00 .00 George i bG.( 11/16/2010 ATTY f by Sworn subscribed tc'??OI/ •re me Deputy Sheriff t j i' s,, 2v%ay of / SSA A ?iIATrEO, NOTARY PUBLIC BEAVER BOROUGH, BEAVER COUNTY MY COMMISSION EXPIRES MAY 24, 2012 the 2010 SHERIFF'S RETURN - REGULAR CASE NO: 2010-06424 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BEAVER CITIMORTGAGE INC VS BRIAN M RANK ET AL KRISTEN CHAPES , Deputy Sheriff of BEAVER County, Pennsylvania, who being duly sworn according to law, says, the within MORTGAGE FORECLOSURE was served upon RANK APRIL L ET AL the DEFENDANT at 1845:00 Hour, on the 16th day of November , 2010 at 3 GLEN STREET EXT ALIQUIPPA, PA 15001 by handing to HUSBAND-BRIAN M RANK a true and attested copy of MORTGAGE FORECLOSURE together with REINSTATED and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 -. i_ So Answer 00/00/0000 by Swgrn,anA subscribed toA#ip?ee me $T4l /. day o f C/? Deputy e i COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL THERESA A MATTEO, NOTARY PUBLIC BEAVER BOROUGH, BEAVER COUNTY MY COMMISSION EXPIRES MAY 24, 2012 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. BRIAN M. RANK APRIL L. RANK Attorney for Plaintiff CZ z rr, co :;Z rn C:3 r^- : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6424 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 BRIAN M. RANK, and APRIL L. RANK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: oLWA s1V.tD-PQ' ev g4 73l 250669 0,?. (?to?S As set forth in Complaint $206,548.79 Interest -10/02/2010 to 12/21/2010 $2,223.66 TOTAL $208,772.45 I hereby certify that (1) the Defendant's last known address is 3 GLEN STREET EXT, ALIQUIPPA, PA 15001-3125, and mortgaged premises located at 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679, and (2) that notice has been given in accordance with Rule 237.1, copy attached. %.L1 wrerrE T- Phelan, Es¢;Td-.No. 3227 ? 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 Afi&ew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 250669 PROTHON TARY 250669 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 VS. BRIAN M. RANK APRIL L. RANK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6424 AFFIDAVIT 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. 250669 (b) that defendant BRIAN M. RANK is over 18 years of age and last known address is 3 GLEN STREET EXT, ALIQUIPPA, PA 15001-3125, and mortgaged premises located at 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679. (c) that defendant APRIL L. RANK is over 18 years of age and last known address is 3 GLEN STREET EXT, ALIQUIPPA, PA 15001-3125, and mortgaged premises located at 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 21, 2010 fence T. Phelan, Esq., Id. N¢. 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 Nrlison ew C. Bramblett, Esq., Id. No. 208375 F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 250669 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-6424 BRIAN M. RANK CUMBERLAND COUNTY APRIL L. RANK Defendant(s) TO: APRIL L. RANK 3 GLEN STREET EXT ALIQUIPPA, PA 15001-3125 DATE OF NOTICE: December 7, 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. 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 9 250669 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) 249-3166 By: Lawrence T. Phela sq., 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 ieetal R. Shah-Jani, Esq., Id. No. 81760 Jenme 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 Allison F. Wells, Esq., Id. No. 309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 250669 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-6424 BRIAN M. RANK CUMBERLAND COUNTY APRIL L. RANK Defendant(s) TO: BRIAN M. RANK 971 GREENSPRING ROAD NEWVILLE, PA 17241-9679 DATE OF NOTICE: December 7, 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. 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 # 250669 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. P la :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 ?eetal R. Shah-Jani, Esq., Id. No. 81760 Jennie 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. Fliak:os, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 250669 CITIMORTGAGE, INC. V. Plaintiff BRIAN M. RANK APRIL L. RANK Defendant(s) TO: BRIAN M. RANK 3 GLEN STREET EXT ALIQUIPPA, PA 15001-3125 DATE OF NOTICE: December 7, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6424 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 # 250669 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 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 ?Srl'ieetal 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq.., Id. No. 309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: Lawrence T. Phela E, I d. No. 32227 PHS # 250669 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-6424 BRIAN M. RANK CUMBERLAND COUNTY APRIL L. RANK Defendant(s) TO: APRIL L. RANK 971 GREENSPRING ROAD NEWVILLE, PA 17241-9679 DATE OF NOTICE: December 7, 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 FORTE[ 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 # 250669 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse i ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phela , Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, I;sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ?ieetal R. Shah-Jani, Esq., Id. No. 81760 Jennie 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 Allison F. Wells, Esq., Id. No. 309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 250669 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6424 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE Plaintiff (s) From BRIAN M. RANK APRIL L. RANK (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 $208,772.45 L.L.$.50 Interest FROM 12/22/2010 TO DATE OF SALE ($34.80 PER DIEM) -- $5,637.60 Atty's Comm % Atty Paid $260.30 Due Prothy $2.00 Other Costs Plaintiff Paid Date: 1/18/11: avid D. Buell, Prothonotary (Seal). By: Deputy REQUESTING PARTY: Name: ANDkEW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. BRIAN M. RANK APRIL L. RANK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/22/2010 to Date of Sale ($34.80 per diem) TOTAL /L/. 60 ,dC?G -30 D7a' ' Q6 , ,, W ee s-6 e? Zc fk 11110lra? alk ",25- Note: Please attach description of property. PHS # 250669 NO.: 10-6424 CUMBERLAND COUNTY $208,772.45 .$5,637.60 $214,410.05 c?a k co 1 r- rte: ti 7 C: N 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 aAndrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 b a? a? .a M M El 0 H O O E o ?( O zWa aW? Q M Q M p O t- h ?i rA Nhv?0?0 ?O o?d o,?I t O?- 0M0 a (77 C14 00M N? ?i MC 10 4 O? OMN 1'- 00 ON G? C a W^ p„ Q O 0 Z0000nN W) G p? G CZ OM ^ C %,o z OOztib-' Hb•c?z Q ? abb•d?z?ZZZo` V C ? W w w W :;w "CJ ? ?Z Q W H O H W W '? IV, owl W t `? °°t-??Cr7 ova `°F+ co) o oa;P3 Ord E''•? w W o rs. a ? ?a A > ? o C7 ?C7 40.4 F ? o?awA?tiv?I-o:?>tia?tiU ° ?Q Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. BRIAN M. RANK APRIL L. RANK Defendant(s) F1 LED- OF Ff'CE 21011 JA8 18 PPS 12, 17 1 CUMBERLAND COUN", ENNSYIYA#.'1,6k CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-6424 : 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. 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 [Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff FILED-04-F-' CL r„ ?' CIVIL DIVISION v. 161 1 JAN 18 PM 12: 5 1 NO.: 10-6424 BRIAN M. RANK APRIL L. RANK ?'UMBERLAND COUI ,1' . Defendant(s) P E h N $ YLVA, H CUMBERLAND COUNTY PHS # 250669 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 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2 BRIAN M. RANK APRIL L. RANK Name and address of Defendant(s) in the judgment: Name 3 GLEN STREET EXT ALIQUIPPA, PA 15001-3125 3 GLEN STREET EXT ALIQUIPPA, PA 15001-3125 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3 4. 5. 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 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 971 GREENSPRING ROAD NEWVILLE, PA 17241-9679 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 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. January 12, 2011 By: Atto' ey 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ,.. ! CITIMORTGAGE, INC. FILED-O FIB; ''F THE FFC " ? - 0T;" : COURT OF COMMON PLEAS BRIAN M. RANK APRIL L. RANK 2011 JAN 18 PM 12:15 'NBERLA?iC CGUH-1-1 , PENT"?S`1 ! VAK'.I r° Plaintiff : CIVIL DIVISION : NO.: 10-6424 : CUMBERLAND COUNTY Defendant(s) :. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIAN M. RANK BRIAN M. RANK APRIL L. RANK APRIL L. RANK 3 GLEN STREET EXT 971 GREENSPRING ROAD ALIQUIPPA, PA 15001-3125 NEWVILLE, PA 17241-9679 "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 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $208,772.45 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 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 LEGAL DESCRIPTION ALL THAT certain tract of land situate in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post; thence South 45 degrees East, 346.5 feet to a point; thence South 48.5 degrees East, 816.75 feet to a point; thence South 48.25 degrees West, 114.00 feet to an iron pin; thence North 47 degrees 54 minutes West, 575.84 feet to an iron pin; thence South 42 degrees West, 100.00 feet to an iron pin; thence North 48 degrees West 392.6 feet to a spike in the centerline of PA. Route 641; thence South 68 degrees 57 minutes 20 seconds West, 56.07 feet to a spike in the centerline of PA Route 641; thence North 48 degrees West, 189.02 feet to a point; thence North 49 degrees 30 minutes East, 273.9 feet to a point, the place of BEGINNING. BEING Lot #I as set forth in Cumberland County Plan Book 36, Page 14. TITLE TO SAID PREMISES IS VESTED IN Brian M. Rank and April L. Rank, h/w, by Deed from Tammy S. Gutshall, single woman, dated 03/24/2006, recorded 04/13/2006 in Book 274, Page 26. PREMISES BEING: 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679 PARCEL NO. 30-08-0597-012 AFFIDAVIT OF SERVICE c-' PLAINTIFF CUMBERLAND COUNTY "'O CITIMORTGAGE, INC. r,j -n :. Fj PHS # 250669 tri rT1 p t ? I CDL DEFENDANT SERVICE TEAM/ kxc ? N r -t BRIAN M. RANK COURT NO.: 10-6424 -= - APRIL L. RANK d 3z;- O'T"y >, C1 = = c:-: SERVE APRIL L. RANK AT: TYPE OF ACTION Z G E5 3 GLEN STREET EXT XX Notice of Sheriff's Sale r.. 1° ALIQUIPPA, PA 15001-3125 SALE DATE: 06/01/2011 .; SERVED Servetl and made known to APRIL L. RANK , Defendant on the 31 day of _ Q 20 # (at Vl_, o'clock p. M., at 31^30 '-J E XT , in the manner described below: - 50 --,,Defendant personally serve %4- Q pd - Adult family member with whom Defendant(s) reside(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. Other: -ice I/ U Descr/i 'on: Age/31fy Height Weight/ Race Sex i Other I, /YC? MC l?1 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 before me this 1 day G//ot of a , 201. Notary:2 By: NOT SERVED On the day of , 20, at COMMONWFA?'t Exist MARY ELLEN CoM ExPkees X22, 2012 Sworn to and subscribed before me this day of _. By: Notary: o'clock _. M., Defendant NOT FOUND because: - Moved - Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hawn-, 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambletl, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY 1.4p CITIMORTGAGE, INC. G ° PHS # 250669 rn --i "? DEFENDANT S VI E rr1i Z3=1 rrn ' '-' -VM ER C TEAM/ kxc BRIAN M. RANK COURT NO.: 10-6424 e11? N r,, ) :0 a APRIL L. RANK ?Z . in -114 = SERVE BRIAN M. RANK AT: TYPE OF ACTION )>n C- 3 GLEN STREET EXT XX Notice of Sheriffs Sale Cn Z O a ALIQUIPPA, PA 15001-3125 SALE DATE: 06/01/2011 ?` --t SERVED Served and made known to BRIAN M. RANK , Defendant on the 13( day of20 `l, at vtmat? o'clock ?M., at N , E k in the manner described below: Defendant personally served. tr tole iAdult family member with whom Defendant(s) reside(s). Relationship is A 1. - 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. Other: . rt Descc i tion: Age Height Weight ?Sd Race AG" Sex ` Other I/a competent adu1 t, tieing 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 subscriped before me this J/ f day of 120-t/. Notary: ( G(/4141 -- By: NOT SERVED COWONW p , 20 , at o'clock _. M., Defendant NOT FOUND because: NOTABI/ es Not Exist _ Moved - Does Not Reside (Not Vacant) MAR Ch" Y ELLEN DES at at Eomm sslooneExpret `1012 Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Welk, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f'?t PLAINTIFF C V. z= r- = -urn BRIAN M. RANK, cn -- ;Q' 6 APRIL L. RANK, +c? DEFENDANTS NO. 10-6424 CIVIL ?? ?? o-n ° ° rn ORDER OF COURT •• AND NOW, this 12th day of April, 2011, upon consideration of the Plaintiff' ..r; co s Motion to > Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 3, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Brian M. Rank April L. Rank Defendants orm?040 Allison F. Wells, Esquire Attorney for Plaintiff W '0 - M. L. Ebert, Jr., J. bas 2 ?=11 PR 20 A 11: 36 -U 6ERLAND COUNTY PENINSYLVANH 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. BRIAN M. RANK APRIL L. RANK Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6424 CERTIFICATION OF SERVICE 250669 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 3, 2011 was sent to the following individuals on the date indicated below. BRIAN M. RANK BRIAN M. RANK APRIL L. RANK APRIL L. RANK 3 GLEN STREET EXT 971 GREENSPRING ROAD ALIQUIPPA, PA 15001-3125 NEWVILLE, PA 17241-9679 Phelan Hallinan & Schmieg, LLP DATE: By: Lawrence T. P , 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 dith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 WSh ? 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 250669 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEA S v. c? ? c= -7 CIVIL DIVISION BRIAN M. RANK x rn -0 M ? APRIL L. RANK No.: 10-6424 X ?° 7,0 -, r- Defendant(s) o AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 1 Vic, -t --,?' COMMONWEALTH OF PENNSYLVANIA . =: ' 31 PHILADELPHIA COUNTY ) SS: 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 Ce • ' ' Return Receipt stamped by the U.S. Postal Service is attached hereto i it "? U Lawrencep»Esq., Id. No. 227 q., Id. No. 6 695 rancis S. Hallinan, Ls ? Daniel G. Schmieg, Esq., Id. N 2205 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? A w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 250669 a} o a° O4 U ? a ay a o ? a CIS C N CIS ? c s a. O a ii .U w F Z O s O ro V'1 N• C C •= n a i? I ? ? Q C U C N N ?'? a u , F- U ? V j t ro 8 .- T ro ` . C ro .N U 0.,0 G b ? ro G 4 m c ., :e ? F •? v i n ? W E a c F O .7 u N N C ` 4 ? V ? O N ?i w V YU 8 U O ?i v O -C N 1 C . 0 a.E O O w c y C .? _ rvl Wl? ? W N N N'+ ? y 94 + I W ? y Z `? Cl, ry L O +L.+ ? n ? W ? on n i ~ ? ? ti G a O ? v, y O O :O i L.. VS .i E.r z ? ? v w L C C {' ? V O ai ? + ?+ p Ci ` ..a i. V 0. .?1.? y, 0> O V Oh ? ?w Q 7> "" C < C w C V y Q i IZA O 7j; ?. > , > w F. 0, ? ? y r 'a R' e ° o o W ? zy ? ? s ' E ° oa ? ea - a o oa a w- eat ?+ ?- E Q V Z Li v .G ° 8 E z E Ca ` E n G ra v o y Q Q L r3 ••'n. v ` E ro v w t=1 "' W h o a ca , . o ?Q co wo ? v?v)?ooo z F-o z 0U?0 00ax ?°CZ ??Gr:cNV ? -x Z •x ac • a: . x u -z - -x . x x a> -u - z . z • z . x •o U v a' z e? ' w £ 0 4 6 L MOO dIZ WONd 031IVW 1.602 6zavw 9SZLtzt ooo ozg"zo $ M zo sin?o a ? FE c NS z Od X61 0 Q a dd v i Q W a?. > WA ? z a a V ? a ' w z ? F a o w O w ? n ° : q m O% . N zz a j W o y a a a .a x "' u a a < Q c n 0o aj C C z 0 RI z_ ?ac 8 z z? E? Qv a0 Z mr'm'r a .a Z tn tn U N N C ? 't7 ?7 p C a ° '" N M v1 Z Q 0 M Itt 00 A a?_ .E ? k ?c a ay E q .? k ? u w w W E ?8 aw° q O w E N p O C o V. F" N p O u a ? ? s a a E a ?aSi u ao 0 4 0 N u zq I3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith s;ntr at at?nG? l? ( lot:. ', N0 I?nTAA , Chief Deputy ?a?i I AUG 1$ PM 2: 21 Richard W Stewart Solicitor Ft E:= -_ aRt C L I'l 8 E R L H a`i D C D G ?P PErt'NSY LVAt4ire CITIMORTGAGE, Inc. vs. Case Number Brian M. Rank (et al.) 2010-6424 SHERIFF'S RETURN OF SERVICE 03/09/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brian M. Rank, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Beaver County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/09/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: April L. Rank, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Beaver County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/18/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Beaver County upon April L.. Rank, by handing to Brian M. Rank, Husband, at 3 Glen Street, Ext., Aliquippa, PA 15001. So Answers: James E. Whitehead, Deputy, Sheriff. 03/18/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Beaver County upon Brian M. Rank, personally, at 3 Glen Street, Ext., Aliquippa, PA 15001. So Answers: James E. Whitehead, Deputy, Sheriff. 03/21/2011 04:05 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 971 Greenspring Road, Newville, PA 17241, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Daniel Schmieg, on behalf of, CITIMORTGAGE, Inc., 5280 Corporate Drive, MS1011, Frederick, MD, 21703, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $779.91 SO ANSWERS, August 15, 2011 RON R ANDERSON, SHERIFF b Pei Ck" S-, C1 6 CountySuite Sheriff- Teleom, In- Cot ? CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. NO.: 10-6424 BRIAN M. RANK APRIL L. RANK Defendant(s) CUMBERLAND COUNTY PHS # 250669 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 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRIAN M. RANK APRIL L. RANK 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 3 GLEN STREET EXT ALIQUIPPA, PA 15001-3125 3 GLEN STREET EXT ALIQUIPPA, PA 15001-3125 Address (if address cannot be reasonably ascertained, please so indicate) 3. 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. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name 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. It 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 971 GREENSPRING ROAD NEWVILLE, PA 17241-9679 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 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 unworn falsification to authorities. January 12, 2011 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6424 CITIMORTGAGE, INC. VS. BRIAN M. RANK APRIL L. RANK owner(s) of property situate in NORTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679 Parcel No. 30-08-0597-012 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $208,772.45 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.:10-6424 BRIAN M. RANK APRIL L. RANK CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIAN M. RANK BRIAN M. RANK APRIL L. RANK APRIL L. RANK 3 GLEN STREET EXT 971 GREENSPRING ROAD ALIQUIPPA, PA 15001-3125 NEWVILLE, PA 17241-9679 "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 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $208,772.45 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. YK u maj 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 L .? LEGAL DESCRIPTION ALL THAT certain tract of land situate in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post; thence South 45 degrees East, 346.5 feet to a point; thence South 48.5 degrees East, 816.75 feet to a point; thence South 48.25 degrees West, 114.00 feet to an iron pin; thence North 47 degrees 54 minutes West, 575.84 feet to an iron pin; thence South 42 degrees West, 100.00 feet to an iron pin; thence North 48 degrees West 392.6 feet to a spike in the centerline of PA. Route 641; thence South 68 degrees 57 minutes 20 seconds West, 56.07 feet to a spike in the centerline of PA Route 641; thence North 48 degrees West, 189.02 feet to a point; thence North 49 degrees 30 minutes East, 273.9 feet to a point, the place of BEGINNING. BEING Lot #1 as set forth in Cumberland County Plan Book 36, Page 14. TITLE TO SAID PREMISES IS VESTED IN Brian M. Rank and April L. Rank, h/w, by Deed from Tammy S. Gutshall, single woman, dated 03/24/2006, recorded 04/13/2006 in Book 274, Page 26. PREMISES BEING: 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679 PARCEL NO. 30-08-0597-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6424 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE Plaintiff (s) From BRIAN M. RANK APRIL L. RANK (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 $208,772.45 L.L.$.50 Interest FROM 12/22/2010 TO DATE OF SALE ($34.80 PER DIEM) -- $5,637.60 Atty's Comm % Due Prothy $2.00 Atty Paid $260.30 Other Costs Plaintiff Paid Date: 1/18/11 Cavid D. Bu 11, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 TRUE COPY FROrW RECORD In Testimo,.?y #n ? ? whwso Said . l here unto set rr,y hand "'....,,...... art at Carlisle, Pa. / of20 --L_ / prothonotary I On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered as, 971 Greenspring Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: 0j Real Estate Coordinator 8? Zl d i Z Pdvr c 63Z v `?. CUMBERLAND LAW JOURNAL Writ No. 2010-6424 Civil CITIMORTGAGE, Inc. VS. Brian M. Rank April L. Rank Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-6424, CITIMORTGAGE, INC. vs. BRIAN M. RANK, APRIL L. RANK, owner(s) of property situate in NORTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679. Parcel No. 30-08-0597-012. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $208,772- .45. 64 The Patriot-N6ws Co. '2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patti* otwXews 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 duty 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 This ad ran on the date(s) shown below: 04122/11 2010-6424 Civil Term CITIMORTGAGE, Inc. vs Brian M. Rank April L. Rank A: Daniel Schmleg By virtue a Writ of Execution NO. 1'Y 6424 CITIMQ!RTGAGE, INC. VS. BRIAN M. RANK APRIL L RANK owner(s) of property situate in NORTTI NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 971 GREENSPRING ROAD, NEWVILLE, PA 17241-9679 Parcel No. 30-08-0597-012 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT $208,772.45 04/29/11 i 05/06/11 i Sworn to and'subscribed befor6lme this 23 day of May, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea; Sherrie L Klsner, Notary Public Lower Paxton 'T My Commrsston wr Dauphin County Expires Nov. Nov. 26, 2011 Member, Pennsylvania Association of Notaries 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 CITIMORTGAGE Inc. is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 18 day of Jana , A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6424, at the suit of CITIMORTGAGE Inc. against Brian M. Rank and April L. Rank is duly recorded as Instrument Number 201122480. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D._ U/j of Deeds L1rIM1 FA IdJxL=4