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HomeMy WebLinkAbout11-1027Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. IlAman, Esq., Id. No. 62695 Daniel v. 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. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 258688 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 T1 L. "iDl 0 a0TA 11711 J aj 31 AN I: Iri 1 t,l,'°d3ERL,41- D C0Ui"TY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FREDERICK, MD 21703 Plaintiff V. TERM NO. to-- t BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 258688 ? (51- ?? air yid r 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 #: 258688 I. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/18/2002 BRIAN L. CLARK, SR and LORI A. CLARK made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1790, Page 1425. 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 08/01/2010 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 #: 258688 6. ' The following amounts are due on the mortgage: Principal Balance $121,837.24 Interest $3,178.56 07/01/2010 through 12/11/2010 Late Charges through 12/11/2010 $313.33 Mortgage Insurance Premium / $167.90 Private Mortgage Insurance Escrow Deficit 114.07 TOTAL $125,611.10 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 8. 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 258688 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $125,611.10, together with interest from 12/11/2010 at the rate of $19.6108 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. PHE AN 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 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 Attorneys for Plaintiff File #: 258688 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, situate in the Borough of Lemoyne, bounded and described in accordance with a survey and plan thereof dated June 25, 1963, prepared by Ernest J. Walker, Registered Engineer, Camp Hill, Pennsylvania, as follows: BEGINNING at a point on the western line of North Fourth Street, (formerly Bowers Avenue) said point being one hundred ten (110) feet in a northerly direction from the northern line of Walnut Street, said point being also at the dividing line between Lots 166 and 165 on the hereinafter mentioned plan of lots; THENCE along said dividing line South fifty eight (58) degrees West one hundred forty (140) feet to a point; THENCE North thirty two (32) degrees West eighty (80) feet to a point on the dividing line between Lots No. 163 and 164; THENCE along said dividing line North fifty eight (58) degrees East one hundred forty (140) feet to a point on the western line of North Fourth Street; THENCE along the same South thirty two (32) degrees East eighty (80) feet to a point, the place of BEGINNING. BEING Lots 164 and 165 on Revised Plan No. 2, Fort Washington, recorded in Plan Book 1, Page 77, Cumberland County Records. HAVING ERECTED THEREON a brick dwelling house known as 118 N. Fourth Street. UNDER AND SUBJECT, NEVERTHELESS to all restrictions, easements and rights of way of record. PROPERTY ADDRESS: 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 PARCEL # 12-21-0265-047. File #: 258688 VERIFICATION We It DMW hereby states that he/she is Cothtd Hof CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CTTIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., that he/she is authorized to make 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. DATE: J al/1/ L ? - 2 0 Name: (2 Tbu lj ??)C'q- T PA--A,pq e: DO CC.4rncn-? ulel- Servicer: CITIMORTGAGE, INC. PHS#: 258688 Name: CLARK SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE = : . Sheriff ynt\?ti?ti' oj: ?`lb L Jody S Smith _9 Chief Deputy Richard W Stewart ot-IMBERLAND Solicitor Citimortgage, Inc Case Number vs. 2011-1027 Brian L. Clark, Sr. (et al.) SHERIFF'S RETURN OF SERVICE 02/03/2011 05:15 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian L. Clark Sr., by making known unto Lori Clark, Wife of defendant at 118 N. 4th Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB T BITNER, DEPUTY 02/03/2011 05:15 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lori A. Clark, by making known unto herself personally, at 118 N. 4th Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY SHERIFF COST: $58.40 February 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF cC.? "'I, 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 Attorney for Plaintiff f- c ? c ry C CD --T1 =6 C-I One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. BRIAN L. CLARK, SR LORI A. CLARK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2011-1027-CIVIL-TERN 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 L. CLARK, SR, and LORI A. CLARK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: aak s14.m`a 4*1 Gk* 10`t o'33`1 X54 $q°! 258688 $)o6we Mai leJ As set forth in Complaint $125,611.10 Interest - 12/12/2010 to 03/14/2011 $1.823.80 TOTAL $127,434.90 I hereby certify that (1) the Defendant's last known address is 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 9 /-\ , i U La nL*alan Phel, q., Id. No. 32227 ? Fr cis linan, Es., Id. No. 62695 el hmieg, q., Id. No. 62205 Michelr rd, 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 ? hrisovalante 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 258688 PRO HO NOTARY 258688 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. BRIAN L. CLARK, SR LORI A. CLARK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2011-1027-CIVIL-TERM 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. (b) that defendant BRIAN L. CLARK, SR is over 18 years of age and resides at 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605. 258688 (c) that defendant LORI A. CLARK is over 18 years of age and resides at 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _ March 14, 2011 U Lawre 6 t lan/Eq., Id. No. 32227 ? Fran ' S. an, Id. No. 62695 ? Daniel G. eg, Id. No. 62205 ? Michele M., Id. No. 698 49 ? 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 F-LChrisovalante 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 258688 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) TO: LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 V. DATE OF NOTICE: March 1, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 2011-1027-CIVIL-TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RI 1, i HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE US E '; ; a PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUEL` ? ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIF PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER 'X k 11 1; APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH 11! YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. IJN1, ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY R1 * 1.1? AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTYr +? 'r a t IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YGI ',,?" HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. T1fl ? >6 !';i: + CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE . X BI A : 1; t PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL. f ,R \/1(. +.:7,, TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS 4 258688 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTH01 a 1 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 La nce T. Phelan, E q., 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. 9462 . 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 258688 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) TO: BRIAN L. CLARK, SR 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 DATE OF NOTICE: March 1, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 2011-1027-CIVILrTERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS R1 HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE US PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE fN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUIT ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF Lff. C PROPERTY. Il"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTERN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH+' ; T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. d_ Z4 1, )U ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY 131 a ?D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER'T " ;R IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y01, DT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS (-' 'CE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE Aflf_" TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SLk',,'?(-'ES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 258688 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTI-10I ~>;: Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 e , Esq., Id. N 32227 Francis S. Hallinan, Esq., Id. . 62695 Daniel G. Schmieg, Esq., I o.62205 Michele M. Bradford, E q., 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 Alison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 258688 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-1027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From BRIAN L. CLARK, SR. AND LORI A. CLARK (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: $127,434.90 L.L.: $.50 Interest from 3/15/11 to Date of Sale ($20.95 per diem) -- $7,521.05 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $190.90 Other Costs: Plaintiff Paid: Date: 11/30/11 David D. B 11, Prothono (Seal) Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, 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. 308951 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, COURT OF COMMON PLEAS INC. Plaintiff CIVIL DIVISION v BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/15/2011 to Date of Sale ($20.95 per diem) TOTAL Note: Please attach description of property. PHS # 258688 O,vc\ C a it Iy.aU udi ?.So j) 9 P4 at? oN aa NO.: 2011-1027-CIVHTERM CUMBERLAND COUNTY $127,434.90 $7,521.05 --'Fri $134.955.95 C: helan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff ?. 09M It S9-7 V p ??? ae ?ij_,5516C/ U 0 W d U a 0 oa ? Is! Z H ? U U a U O ?V U t3 w o T M -t t o ? U H U ? 0 d ? Z C a?i dZ? 0 H V w? O o H ? 3. W a ? 0 0 adQ ?a a a? nW? "? W T =a, a 3 d LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, situate in the Borough of Lemoyne, bounded and described in accordance with a survey and plan thereof dated June 25, 1963, prepared by Ernest J. Walker, Registered Engineer, Camp Hill, Pennsylvania, as follows: BEGINNING at a point on the western line of North Fourth Street, (formerly Bowers Avenue) said point being one hundred ten (110) feet in a northerly direction from the northern line of Walnut Street, said point being also at the dividing line between Lots 166 and 165 on the hereinafter mentioned plan of lots; THENCE along said dividing line South fifty eight (58) degrees West one hundred forty (140) feet to a point; THENCE North thirty two (32) degrees West eighty (80) feet to a point on the dividing line between Lots No. 163 and 164; THENCE along said dividing line North fifty eight (58) degrees East one hundred forty (140) feet to a point on the western line of North Fourth Street; THENCE along the same South thirty two (32) degrees East eighty (80) feet to a point, the place of BEGINNING, BEING Lots 164 and 165 on Revised Plan No 2.,Fort Washington, recorded in Plan Book 1, Page 77, Cumberland County Records. UNDER AND SUBJECT, NEVERTHELESS to all restrictions, easements and rights of way of record. TITLE TO SAID PREMISES VESTED IN Brian L. Clark, Sr. and Lori A. Clark, h/w, by Deed from Gary L. Wilkins and Donna J. Wilkins, h/w, dated 06/20/2000, recorded 06/23/2000 in Book 223, Page 987. PREMISES BEING: 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 PARCEL NO. 12-21-0265-047. PHELAN HALLINAN & SCHMIEG, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 e. 3 ' a °N 215-563-7000 CITIMORTGAGE, INC. S/B/M TO A ? GROUP, INC. Plaintiff V. BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2011-1027-CIVIL-TERM 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: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: llhh;,) helan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. ^ Plaintiff V. BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) ,f? COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2011-1027-CIVIL-TERM CUMBERLAND COUNTY PHS # 258688 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRIAN L. CLARK, SR 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CitiMortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union Members 1st Federal Credit Union C/o: First American Title Insurance Lenders Advantage 5000 Louise Drive Mechanicsburg, PA 17055 ATTN: FT1120 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OH 44114 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. 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 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 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. Date: ?? By: Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff PLAINTIFF CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. DEFENDANT BRIAN L. CLARK, SR LORI A. CLARK SERVE LORI A. CLARK AT: 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 PHS # 258688 SERVICE TEAM/ Ixh COURT NO.: 2011-1027-CIVIL-TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: March 7, 2012 C_- C? --yt _0% t=1 rn -- .. Z? =G f may. N _"" C:) I+ wo CD-n ZC ,) = ...C --I SERVED Served and made known to LORI A. CLARK, Defendant on the _ft' day of b&_AMMA, 201( , at o'clock ?. M., at (IS N-44 sr, CI&1 PA , in the manner described below: /Defendant personally served. - 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: Description: Age 11,A,65 Height GS " Weight (60 Race W Sex ? Other I, ROJ?{b Nb LL , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r-f? DATE: 0 11 1 11 NAME: -KA xt+' PRINTED NAME: T, u b A4 U_ TITLE: Ma4_ys y NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY 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 Jay B. Jones, Esq., Id. No. 86657 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 258688 DEFENDANT BRIAN L. CLARK, SR LORI A. CLARK SERVICE TEAM/ lxh COURT NO.: 2011-1027-CIVIL-TERM SERVE BRIAN L. CLARK, SR AT: TYPE OF ACTION 118 NORTH 4TH STREET XX Notice of Sheriff's Sale LEMOYNE, PA 17043-1605 SALE DATE: March 7, 2012 SERVED C-) Served and made known to BRIAN L. CLARK. SR Defendant on the day of IB 20 - Q ?y o'clock P. M., at 112 N .44 !r14- 1&w JNF-, GA , in the manner described below: r*1 C-) 1-- IJ m Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is w (? ' f?--2 . T - _ Adult in charge of Defendant s residence who refused to give name or relationship. 3r h W =9 n CJ =--- - Manager/Clerk of place of lodging in which Defendant(s) reside(s). ZL? ... ...- ) C:)C tTt _ Agent or person in charge of Defendant's office or usual place of business. y. Z _ an officer of said Defendant's company. . .? p Other: --C Description: Age--46 S Height 5'5" Weight 1(00 Race W Sex t- Other I, ?)MW I16 L L , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: (t I I NAME: +<?kILLvk-o PRINTED NAME: fRaPk> 1440 LL- TITLE: _ 1Jw4665 JA VEK" NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: 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 Jay B. Jones, Esq., Id. No. 86657 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???titp ?i C?nuder?r ?F# F ? .LF;.:: J tE a r i I,.??yy: 2J 12 AR 21 P1' 3: t. ?;I CLIMSEPSLAa 101 COLliK( PEPPSYEYAI,IA Citimortgage, Inc vs. Brian L. Clark, Sr. (et al.) Case Number 2011-1027 SHERIFF'S RETURN OF SERVICE 12/28/2011 07:16 PM - Deputy Gerald Worthington, 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 118 North 4th Street, Lemoyne, Cumberland County, PA 17043. 12/29/2011 05:07 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lori A. Clark at 118 North 4th Street, Lemoyne Borough, Lemoyne, Cumberland County, PA 17043. 12/29/2011 05:07 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Lori Clark - wife, who accepted as "Adult Person in Charge" for Brian L. Clark, Sr, at 118 North 4th Street, Lemoyne Borough, Lemoyne, Cumberland County, PA 17043. 03/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. Plaintiff paid $10,600.00 in consideration of the stay. SHERIFF COST: $735.02 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c; f?our?;5uite ?ne?!!Y iei^aso?(. In.c. ` CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2011-1027-CIVIL-TERM CUMBERLAND COUNTY PHS # 258688 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, 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 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRIAN L. CLARK, SR 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CitiMortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Members 1st Federal Credit Union ATTN: FT1120 C/o: First American Title Insurance Lenders 1100 SUPERIOR AVENUE, SUITE 200 Advantage CLEVELAND, OH 44114 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. 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 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 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. Date: -\a.- (>L 14f By: Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff Z o .l d I- 330 i iol CITIMORTGAGE, INC- SB/M TO ABN AMRO MORTGAGE : COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff VS. BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) : NO.: 2011-1027-CIVIL-TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 "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 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $127,434.90 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 or parcel of land, situate in the Borough of Lemoyne, bounded and described in accordance with a survey and plan thereof dated June 25, 1963, prepared by Ernest J. Walker, Registered Engineer, Camp Hill, Pennsylvania, as follows: BEGINNING at a point on the western line of North Fourth Street, (formerly Bowers Avenue) said point being one hundred ten (110) feet in a northerly direction from the northern line of Walnut Street, said point being also at the dividing line between Lots 166 and 165 on the hereinafter mentioned plan of lots; THENCE along said dividing line South fifty eight (58) degrees West one hundred forty (140) feet to a point; THENCE North thirty two (32) degrees West eighty (80) feet to a point on the dividing line between Lots No. 163 and 164; THENCE along said dividing line North fifty eight (58) degrees East one hundred forty (140) feet to a point on the western line of North Fourth Street; THENCE along the same South thirty two (32) degrees East eighty (80) feet to a point, the place of BEGINNING. BEING Lots 164 and 165 on Revised Plan No 2.,Fort Washington, recorded in Plan Book 1, Page 77, Cumberland County Records. UNDER AND SUBJECT, NEVERTHELESS to all restrictions, easements and rights of way of record. TITLE TO SAID PREMISES VESTED IN Brian L. Clark, Sr. and Lori A. Clark, h/w, by Deed from Gary L. Wilkins and Donna J. Wilkins, h/w, dated 06/20/2000, recorded 06/23/2000 in Book 223, Page 987. PREMISES BEING: 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 PARCEL NO. 12-21-0265-047. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2011-1027-CIVIL-TERM CITIMORTGAGE, INC. SBIM TO ABN AMRO MORTGAGE GROUP, INC. vs. BRIAN L. CLARK, SR LORI A. CLARK owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 Parcel No. 12-21-0265-047. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $127,434.90 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Z O :Z c 1- 330 HOZ 4 f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-1027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From BRIAN L. CLARK, SR. AND LORI A. CLARK (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: $127,434.90 L.L.: $30 Interest from 3/15/11 to Date of Sale ($20.95 per diem) -- $7,521.05 Any's Comm: % Due Prothy: $2.00 Atty Paid: $190.90 Other Costs: Plaintiff Paid: Date: 11130111 7?c? David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, 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 TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the §e 4l of said Cou at Carlisle, Pa. This day ofd . , 20 " Prothonotary Supreme Court ID No. 308951 On December 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 118 North 4th Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: Real Estate Coordinator z o .? Ci { - A0 HOZ Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE, INC. S/B/MM"I''M" ABN AMRO MORTGAGE GROUPJWERLAND CQj Plaintiff PDNSYL tt#i. vs BRIAN L. CLARK, SR LORI A. CLARK Defendant Court of Common Pleas TY Civil Division CUMBERLAND County No. 2011-1027-CIVIL-TERM 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. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem Date: Z 1 '1`2 PHS# 258688 the action Discontinued and Ended. HALLINAN & SCHMIEG, LLP By: -L 14 -1 A A rence T. Phelan, Esq., Id. No. 3 27 Francis S. Hallinan, Esq., Id. No. 6T695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Jud' h T. Romano, Esq., Id. No. 58745 S etal R. Shah-Jani, Esq., Id. No. 81760 nine 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 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff c w?vJ.&6 pd ? t# l1(,,(el So ? at? l l SoR 5/ IZ D737 v9 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County BRIAN L. CLARK, SR LORI A. CLARK No. 2011-1027-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe was served by regular mail to the person(s) on the date listed below: BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET LEMOYNE, PA 17043-1605 Date: rrancls J. rianlnan, bsq., la. n4o. oLbYD Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judit . Romano, Esq., Id. No. 58745 She al R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 .lay 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 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff