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Home My WebLink About12-0570FILED-OFF IC:: i t I.E PR0T110N0TA Y 2012 JAN 31 A 10: '(-"6 l,UMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff V. RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Defendants 287446 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM aot a-15-71 t NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 287446 arnf 4L jo3,7s ?aH? C?# l1s1?3?3 J iZ# ??oy ?i 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 #: 287446 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/16/2009 RACHAEL E. YOUNG and WESLEY J. YOUNG, II made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN SOUTHWEST MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200901377. By Assignment of Mortgage recorded 03/23/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument#: 201007220. 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. File #: 287446 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2011 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. The following amounts are due on the mortgage as of 02/01/2012: Principal Balance $113,705.53 Interest $3,979.68 06/01/2011 through 02/01/2012 Late Charges $180.11 Mortgage Insurance Premium / $128.97 Private Mortgage Insurance Escrow Deficit $1,165.01 TOTAL $119,159.30 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 287446 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $119,159.30, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HAJI RiAN1 & SCHMIEG, UP By: Cl`sick, Esq., Id. No.80193 Plaintiff File #: 287446 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street known as Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Scrafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. BEING the same premises which David A. Blessing and Marsha J. Blessing, husband and wife, by Deed dated October 31, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 248, Page 4986, granted and conveyed unto Dennis V. Landi and Lynne E. Landi, husband and wife, Grantors herein. PROPERTY ADDRESS: 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 PARCEL # 39-35-2388-006 Attorney File No.: 287446 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to auth DATE: \ Jv Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at L,, : rxtr u- t i i G Jody S Smith 9a??cr rf z HE. PRO T HON TAB Chief Deputy 2012 FEB 14 AN 10: 01 Richard W Stewart Solicitor OFFII,- ' T'- `-KRIFFCUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, Inc. vs. Rachael E. Young (et al.) Case Number 2012-570 SHERIFF'S RETURN OF SERVICE 02/03/2012 06:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wesley J. Young Il, by making known unto Rachel Young, Wife of Defendant at 35 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM BLA K, DEPUTY 02/03/2012 06:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rachel E. Young, by making known unto herself personally, at 35 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $64.00 February 09, 2012 TIM BLACK , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C) CGUnt,silte St`erff. IeieosoR. Inc:. 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 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 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) jrn Cri x J cn r' Vr c; Ca ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2012-570-CIVIL : CUMBERLAND COUNTY PHS #: 287446 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan HAlinan & ScImim LLP By: ? La c he sq., Id. No. 32227 ? Francis man, 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 ? 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 ? 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 ? Matthew G. Brushwood, Esq., Id. No. 310592 Date: 3-13-12 PHS #: 287446 VERIFICATION Jeremy Gehrin , hereby states that he/she is el Art of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities DATE: )--3P- f )-- 1 Name:, Jeremy Gehrin Title: Qomoratt oovi WOW File#: 287446 (FHA) Name: YOUNG Attorney File No.: 287446 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 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 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. RACHAEL E. YOUNG WESLEY J. YOUNG, II : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2012-570-CIVIL : CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: RACHAEL E. YOUNG 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 PHS #: 287446 WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Phelan Hallinan, i Schmieg, LLP Attorney for Plaintiff , i , By: /attorney J '11-/ ? 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 ? 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 ? 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 ? Matthew G. Brushwood, Esq., Id. No. 310592 Date: 3-13-12 PHS #: 287446 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592''° l ? nn't ??: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza r ltn Atdp COUNT"' Philadelphia, PA 19103 'i SYLVNI 215-563-7000 CITIMORTGAGE, INC. : CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS RACHAEL E. YOUNG CIVIL DIVISION WESLEY J. YOUNG, II No. 2012-570-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RACHAEL E. YOUNG, and WESLEY J. YOUNG, II, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $119,159.30 $119,159.30 I hereby certify that (1) the Defendants' last known address is 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727, and (2) that notice has been given in accordance with Rule a. C.P 237.1. Date Matthew Brushwood. Esquire a {?? Attorney for Plaintiff Nt ?Ln U DAMAGES ARE HEREBY ASSESSED AS INDICATED. -7 3 DATE: LJISA-1 PHS # 287446 287446 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. RACHAEL E. YOUNG WESLEY J. YOUNG, II Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-570-CIVIL 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant RACHAEL E. YOUNG is over 18 years of age and resides at 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. (c) that defendant WESLEY J. YOUNG, II is over 18 years of age and resides at 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ma t ew rushwood, Esquire Attorney for Plaintiff 287446 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. VS. RACHAEL E. YOUNG WESLEY J. YOUNG, II CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-570-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: .. ?. - . If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r? * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY** CITIMORTGAGE, INC, V, Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-570-CIVIL RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) TO: WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, P 17257-1727 DATE OF NOTICE: lv I?-- IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE. A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse i Courthouse Square Carlisle, PA 17013 (71.7) 240-6195 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Dana Ostto , y, Esquire Attorney 1' P intiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 287446 CITIMORTGAGE, INC, v, Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO, 2012-570-CIVIL RACHAEL E. YOUNG WESLEY J. YOUNG, H Defendant(s) TO: RACHAEL E. YOUNG 35 SCRAFFORD STREET SHIPPENSBUR(.?, P 172 7-1727 DATE OF NOTICE: ?(& -Z- IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE. 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Dana Ostr vsk Esquire Attorney f tiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 287446 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-570 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From RACHAEL E. YOUNG, WESLEY J. YOUNG, II (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee; and is enjoined as above stated. Amount Due: $119,159.30 L. L.: $.50 Interest FROM 04/06/2012 TO DATE OF SALE ($19.59 PER DIEM) - $2,997.27 Atty's Comm: `% Due Prothy: $2.25 Atty Paid: $215.25 Other Costs: Plaintiff Paid: Date: 5/25/12 (Seal) Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supremo Court ID No. 308909 rsy: - - PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff v RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-570-CIVIL CUMBERLAND COUNTY l'o the Prothonotary: Issue writ of execution in the above matter: Amount Due $119,159.30 ? Interest from 04/06/2012 to Date of Sale ($19.59 per diem) TOTAL Note: Pleas( attach description of property. PHS # 2874416 k ag.. Sa a ?-1 a Uq, cO 16S.-Is Q It CLI? a? ? ?? 8 SS aS $2,997.27 $122,156.57 ih?n lin n chmieg, LLP .-..C Christina C. Viola, Esq., Id. No.308 Attorney for Plaintiff -' C-) > CO ,? w0? awv? O? tiwv, ?, w a U wxw a a U p ¢ W M V] M V] O? oa ?H O U? O? O? UW U U 'co aU C7 ? WOE ti WWQ U a?3 O 0.4 U oq 0 w O 0 ? tw W Q1 C ON 00 O m z b cr w o ? ja U w as c ? LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street known as Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Scrafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. TITLE TO! SAID PREMISES VESTED IN Wesley J. Young, II and Rachael E. Young, h/w, by Deed from Dennis V. Landi and Lynne E. Landi, h/w, dated 01/16/2009, recorded 01/16/2009 in Instrument Number 200901376. PREMISES BEING: 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 PARCEL NO. 39-35-2388-006 PHELAN HALLINAN & SCHMIEG, LLP Christina C. Viola, Esq., Id. No.308909 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza E. Philadelphia, PA 19103 +' a``° 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. RACHAEL E. YOIUNG WESLEY J. YOUNG, II Defendant(s) tg,'BERLANU cF?NSYLVP.P?I?? CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-570-CIVIL 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phel linan & hmieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) ;-Ii?IBERI-AhD COUNT" COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-570-CIVIL CUMBERLAND COUNTY PHS # 287446 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTCAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. Name and address of Owner(s) or reputed Owner(s): Name RACHAEL L YOUNG WESLEY J. YOUNG, II 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and lash 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) BUREAU OF COMPLIANCE COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE INTERNATIONAL PORTFOLIO, INC C/O BENJA1MIN R BIBLER, ESQ. WELTMAN, WEINBERG & REIS, CO., L.P.A. INTERNATIONAL PORTFOLIO, INC C/O MATTHEW DAVID URBAN, ESQ. WELTMAN(, WEINBERG & REIS, CO., L.P.A. INTERNATIONAL PORTFOLIO, INC C/O WELT AN, WEINBERG & REIS, CO., L.P.A. DEPARTMENT 280946 HARRISBURG, PA 17128-0946 P.O. BOX 280948 HARRISBURG, PA 17128-0948 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 436 7TH AVE # 1400 KOPPERS BLD PITTSBURGH, PA 15219 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 INTERNATIONAL PORTFOLIO, INC 1400 KOPPERS BUILDING C/O WILLIAM THOMAS MOLCZAN, ESQ. PITTSBURGH, PA 15219 WELTMA , WEINBERG & REIS, CO., L.P.A. INTERNATIONAL PORTFOLIO, INC LVNV FUNDING, LLC 2171 NORTHWEST 139 TERR PEMBROKE PINES, FL 33028 15 SOUTH MAIN STREET, STE. 500 GREENVILLE, SC 29601 LVNV FUNDING, LLC 120 N KEYSER AVE C/O MICHAEL F. RATCHFORD, ESQ. SCRANTON, PA 18504 EDWIN A. AGBRAHAMSEN & ASSOCIATES, P.C. 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. 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 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 t(ai hpritieA. t Date: `?? By: Phe n H man & Schmieg, LLP Chris a C. Viola, Esq., Id. No.308909 Attorney for Plaintiff CITIMORTGAGE, INC. RACHAEL E. YOUNG WESLEY J. YOUNG, II f o 1 s?? V 1' J+ }'?t ? i vs. r r G?JUt 1? FE : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.: 2012-570-CIVIL CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RACHAEL E. YOUNG WESLEY 4. YOUNG, II 35 SCRAF? ORD STREET SHIPPEN$BURG, PA 17257-1727 "THIS FIRM IS AI DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $119,159.30 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 A13LE 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-570-CIVIL CITIMORTGAGE, INC. VS. RACHAEL E. YOUNG WESLEY J. YOUNG, II owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $119,159.30 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 (Acreage or street address) LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in. Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street known as Scrafford Street, North 67 degrees 30 minutes East, a . distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between', Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Scrafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. TITLE TO' SAID PREMISES VESTED IN Wesley J. Young, II and Rachael E. Young, h/w, by Deed from Dennis V. Landi and Lynne E. Landi, h/w, dated 01/16/2009, recorded 01/16/2009 in Instrument Number 200901376. PREMISES BEING: 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 PARCEL NO. 39-35-2388-006 PLAINTIFF AFFIDAVIT OF SERVICE CUMBERL {,y,-,` CITIMORTGAGE, INC. *n( A? PHS it *4 WE. 10: '33 DEFENDANT RACHAEL E. YOUNG WESLEY J. YOUNG, II SERVE RACHAEL E. YOUNG AT: 4028 DEERFIELD CMNS SHIPPENSBURG, PA 17257-8543 SERVIC COURT : 2012-57?CIiIiI GflUj t?? ?r?'?SWW?Yff'??L??y' ??t Q TYPE OF ACTIU XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 SERVED Served and made known to RACHAEL E. YOUNG, Defendant on the f0tay of L40201 :1-, at '2.1o, o'clock _t. M., at 402$ 0EEAFIrc1,A 1#S , in the manner described below: ? Defendant personally served. S t? I ?tElllS Tt dQb P$, - 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 .36s Height S'0` Weight 160 Race W Sex F Other I, Ronald M011 , 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: 141 1 ?' l NAME: _ Vacant __ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at _ Service Refused PRINTED NAME: Ronald M011 TITLE: Process Server NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom 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 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 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 a6 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 287446 DEFENDANT SERVICE TEAM/ lxh RACHAEL E. YOUNG COURT NO.: 2012-570-CIVIL C --p3C WESLEY J. YOUNG, II mtv SERVE WESLEY J. YOUNG, H AT: TYPE OF ACTION Z ,r- 4028 DEERFIELD CMNS XX Notice of Sheriffs Sale SHIPPENSBURG PA 17257-8543 . , SALE DATE: September 5,201 2<C--) T:0, C-) SERVED Z C:? 5;t-- Served and made known to WESLEY J. YOUNG. 11 Defendant on the 144--day of =14 41 20 - 3HH , :1O , o'clock k. M., at -AD-29 1 S in the manner described below: _ Defendant personally served. 15 11 p?EA S 130 fry PR, ?Adult family member with whom Defendant(s) reside(s). Relationship is -r-F-. - 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: P•w2 na C t OO 20 3C Q C? Description: Age S Height " _ Weight 160 Race w Sex Other ` ?' '? 1011 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. DATE: L 1 :-1- NAME: PRINTED NAME: Ronald Mall TITLE: Process Senier 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 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 <1 M a -'+CZ C :)-n 11 ?Ir CITIMORTGAGE, INC., PLAINTIFF V. RACHAEL E. YOUNG, WESLEY J. YOUNG, II, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-570 CIVIL ORDER OF COURT AND NOW, this 9th day of August, 2012, upon consideration of the Plaintiff'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 August 31, 2012; 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, M. L. Ebert, Jr., J. Esquire VMatthew Brushwood , Attorney for Plaintiff rr M Rachael E. Young /Wesley J. Young, 11 ; - o Defendants > ca P1 -led 6 1 bas AW& ?1 <" ~'~QTF#~~ 11~ti'i PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plainti>~ { a }~(~~ ~ 3 ~~ ~(~; ~ ~ Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 CUM~ER~AND CQ NTY One Penn Center Plaza ~'~NNSYLWANI Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. RACHAEL E. YOUNG WESLEY J• YOUNG, II Defendant(s) CIVIL DIVISION No.: 2012-570-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) 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 Certified Mail R, eturn Receipt stamped by the U.S. Postal Service is attached hereto E ,~~ Date: ~ ~ ~,~~ _ Allison F. We11s'~Esq Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 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YOUNG, II Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:2012-570-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 10, 2012 Rifle the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages shouild not be granted was served upon the following individuals on the date indicated below. RACHAEL E. YOUNG WESLEY J. YOUNG, II 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 RACHAEL E. YOUNG WESLEY J. YOUNG, II 4028 DEERFIELD CMNS SHIPPENSBURG, PA 17257-8543 Phelan Hal~inan &~hmieg, LLP DATE: AU616 2012 By: e issa J. Cantwell, uire Attorney for Plaintiff 28 T _ _T ,~ August 23, 2012 Rachael E. Young. VMesley J. Young !i 35 Strafford St. Shippensburg, Pa 17257- Phelan Hallinan & Sch+nieg, tlP 2G17 JFK Boulevard, Suite 14fl0 i~ Penn Center Plaza Phiphia, Pa 19103 C ~ .,n, "~~ ^~ a :~s•; c u~ ~- cr~~ N -.r t~ w~ ~m `+v ~ -~ ,c,. Re: CITIiVI(}RTGAGE, ZINC. V. RACHAEL E. YOUNG and WESLEY 1. YOUNG !! Premises Address: 3S Strafford St. Shippensburg, Pa 17257-1727 CUMBERLAND County CCP, No. 2011-57f1-CIVIL To All Parties Concerned, Please accept this as our eta the Rafe issued°upo~ us dated Must 9,x2 and August 10,2(312,. wherein Plaint#ff seen Motion m Reassess Damage3. let it be duhr noted that Defendants have 3aeen In Constant torKact with Plalntlff, CiT'lMUfiTGAGE, tnc. since the first week of June, 2032, wherein Defendants' were asked bli Plaintiff what their intertlors were in reference to the property at 35 Strafford 5t., Shippensburg, Na 17257-1727 RHereinafter , 35 Strafford St.) Defenda+tts were given an option and explained the option of a short sale", or to consid the possibility it reassessing the situation wherein takir~ residence again ata.5 Strafford St. in the neap future. Defendarrts decided to take the route of a "short sale" and therefore completed the proper paperwork and thus Ied ~ a realtnr listing of the property. let it be duly noted- that as the p~perty at 35 ScrafEoM St Continued to sit mile, Defendants evaluated the situation further and contacted CITtMORTGAGi:, int. several weeks after the early June ~~ 2412 conversatiati, to discuss the passibility of moving bads to the property at 35 Strafford St A CITIMORTGAGE, INC. customer service representative dfisused in detail with the Defendants, filling of paperwork regarding Hardship, which was sent to tIV>`SLEY J ll~ii~iiG Il, via email from represerrtative, Ja,+ndry Fernandez, and faxed back completed on Tuesday, Actgust 14, 2412. kAr. Fernandez explaine+ [defendants' that part of the Hardship process would irwoiue defendants moving bark in t+otheir residence at 35 Strafford St., and reclaiming all utiiit~es back in Oefer~ciaMs' names. l)efiendants have moved into the premises and atl utilities have been put in Defiendants' names. The most recent contact wilt the Defendants and ClTHVlORTGAGE, INC, was on M+anday, A~ 24, 2tf12, wherein the. Defendants reeked tlan'fica~t'ran that there wit! nox be a Sherif'f`s Salle on September 5, 2U12. Defendants were Laid upon reviewing their fife, there is nttthfirg in the file market 'denied' as to give the irafic~tion t+o the DeferidarKs' that CITMAORTGAGE, INC. wiH not be able to tom to a resolution with Defendants, and therefore seems most unlikely that there would not be a Sheriff sate on September 5,2012. Defendants understand per latest docurtilents from Plaintiff attorneys that there is a total amount of $127,534.33 being assessed as monies owned with relation to the property at 35 Strafford However, it mentioned that there will be interest added onto September 5, 2412 thaugkt the date of sale as six perterrt per annum. Therefore, as Sheriffs Sale may very well not take place, to!bt monies owned,. may need to be assessed at time that the pending issues are resolved arrd agreed upon by Plaintiff and Defendant. n is the positbn ofi the Defendants that they are working diligently with CITtMORTGAGE. INC. resolve such issues and thus be in good standing, We understand the representative assigned to us CiTt3MORTAGE, INC. is a Mr. John Frackelton, Respectfu#tY, Radfael E. Young ~/l,ae~c-Q ~. Wesley~J. Y~o n 11 ~~ ~i%~i CC: The Court of C Pleas Cumberland County, Penrtsyla~ania Matthew Brushwood, Esquire vie Certified Copy ,. Sa J. Cantwe~, Esquire Couroenay R. Dunn, Esquire John Shoemaker, rfla facsimile 1, ~Yue1 E , y cXsClQ,hereby certify on 8' Z3 - ~ 2 #hat the above is correct #o #~ best of {Name] (»1 ~~~' DenMs V, lands, Notary P+~lic •• ++~+ Mary Public- ~' i Q,./'C s'~ ~Yp ~~hereby certify on ~ - Z3 - / Z tha::he a~:,o is __ f Name) (Date) +cdrrec# to the best of my knowledge. Notary Public: CC?MIWU~yWEAI.Tl1 P9~NSYWMIIA NowniM seirt Dennis V. lard, Notary M Swami , Dauphhl Cpunty ~ t '~Ml1lli. ARIES SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i=;i ~U-~fi~~~;F= Sheriff , ~t 4ttintir ~~ ~ji~ P~~~~~~~~E~~Y Jody S Smith ~Q~~~tita r ,r~j~~ Chief Deputy ~~ ~ ~ Q~~ ~ 9 Q~ ~~~ :r Richard W Stewart ~ ~ CUMBFRi.At~O CpU~TY Solicitor ~` ` '. ~`-~`~ PENNSYl.VAN1q CITIMORTGAGE, Inc. vs. Rachael E. Young (et al.) Case Number 2012-570 SHERIFF'S RETURN OF SERVICE 06/25/2012 Robert Bitner, Deputy Sheriff, 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 35 Scrafford Street, Shippensburg, Cumberland County. 06/25/2012 07:40 PM -Ronnie 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: Wesley J. Young, II, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 35 Scrafford Street, Shippensburg, PA 17257, address is vacant. 06/25/2012 07:40 PM -Deputy Robert Bitner, being duly sworn according to law, attempted service to the Defendant, to wit: Rachael E. Young at 35 Scrafford Street, Southampton Township, Shippensburg, PA 17257. The address was found to be vacant. 07/06/2012 01:10 PM -Deputy William Cline, 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 Wesley Young, Husband, who accepted as "Adult Person in Charge" for Rachael E. Young at 35 Scrafford Street, Southampton Township, Shippensburg, PA 17257, Cumberland County. 07/09/2012 William Cline, Sheriffs Deputy, 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: Wesley J. Young at 4028 Deerfield Commons, Shippensburg, Cumberland County. 07/09/2012 Ronnie 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: Rachel E. Young, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 35 Scrafford Street, Shippensburg, PA 17257, address is vacant. 09/06/2012 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 September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of CITIMORTGAGE, INC. being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $817.31 SO ANSWERS, i October 29, 2012 RON R ANDERSON, SHERIFF yfs~OD pd ~ ~- a. ~$" col . C'o- . S'U (~~iLL LpoN~L, ...:'aun;ySure Sheriff.. Teiecsu!t: inc. ~7~ ~0 7S (/ ~ CITIMORTGAGE, INC. Plaintiff v. RACHAEL E. YOUNG WESLEY J. YOUNG, II Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION N0.:2012-570-CIVIL CUMBERLAND COUNTY PHS # 287446 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3 RACHAEL E. YOUNG WESLEY J. YOUNG, II Name and address of Defendant(s) in the. judgment: Name SAME AS ABOVE 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 COMMONWEALTH OF PA DEPT. OF P.O. BOX 280948 REVENUE BUREAU OF COMPLIANCE HARRISBURG, PA 17128-0948 INTERNATIONAL PORTFOLIO, INC 436 SEVENTH AVE STE 1400 C/O BENJAMIN R BIBLER, ESQ. WELTMAN, PITTSBURGH, PA 15219 WEINBERG &REIS, CO., L.P.A. INTERNATIONAL PORTFOLIO, INC 436 7TH AVE # 1400 KOPPERS BLD C/O MATTHEW DAVID URBAN, ESQ. PITTSBURGH, PA 15219 WELTMAN, WEINBERG &REIS, CO., L.P.A. INTERNATIONAL PORTFOLIO, INC 436 SEVENTH AVE STE 1400 C/O WELTMAN, WEINBERG &REIS, CO., PITTSBURGH, PA 15219 L.P.A. INTERNATIONAL PORTFOLIO, INC 1400 KOPPERS BUILDING C/O WILLIAM THOMAS MOLCZAN, ESQ. PITTSBURGH, PA 15219 WELTMAN, WEINBERG &REIS, CO., L.P.A. INTERNATIONAL PORTFOLIO, INC. 4 5 LVNV FUNDING, LLC 2171 NORTHWEST 139 TERR PEMBROKE PINES, FL 33028 . 15 SOUTH MAIN STREET, STE. 500 GREENVILLE, SC 29601 LVNV FUNDING, LLC 120 N KEYSER AVE C/O MICHAEL F. RATCHFORD, ESQ. SCRANTON, PA 18504 EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 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 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 13 NORTH HANOVER STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.~. DEPARTMENT OF JUSTICE U.S. ATTORNEY F'OR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 t~ia thp+ritie~. , Date: ~ ~~ ,~/ By: Phe n H inan & Schmieg, LLP Chris a C. Viola, Esq., Id. No.308909 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.:2012-570-CIVIL RACHAEL E. YOUNG WESLEY J. YOUNG, II CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RACHAEL E. YOUNG WF.ST.F,Y .T. YOiTNG, TT 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANHItUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $119,159.30 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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.2012-570-CIVIL CITIMORTGAGE, INC. vs. RACHAEL E. YOUNG WESLEY J. YOUNG, II owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 Parcel No. 39-35-2388-006 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $119,159.30 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with a one and a half story frame dwelling house erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a stake on line of Lot No. 17, now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street known as Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to Lot No. 19 on said Plan; thence North 22 degrees 30 minutes West, along the dividing line between Lot Nos. 18 and 19, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said land now or formerly of H.W. Geesaman heirs on said plan, South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 17 on said plan; thence along said Lot No. 17, South 22 degrees 30 minutes East, a distance of 118.43 feet to Scrafford Street, the Place of BEGINNING. BEING Lot No. 18 in the Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA. 2228, and lot layout by John H. Atherton, R.P.E., PA. 2602, recorded in Plan Book 5, Page 18. TITLE TO SAID PREMISES VESTED IN Wesley J. Young, II and Rachael E. Young, h/w, by Deed from Dennis V. Landi and Lynne E. Landi, h/w, dated 01/16/2009, recorded 01/16/2009 in Instrument Number 200901376. PREMISES BEING: 35 SCRAFFORD STREET, SHIPPENSBURG, PA 17257-1727 PARCEL N0.39-35-2388-006 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH ~F PENNSYLVANIA) NO. 12-570 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From RACHAEL E. YOUNG, WESLEY J. YOUNG, II (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi•om delivering any property of the defendant (s) or otherwise disposing thereof; (~) 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: $119,159.30 L.L.: $.50 Interest FROM 04/06/2012 TO DATE OF SALE ($19.59 PER DIEM) - $2,997.27 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $215.25 Other Costs: Plaintiff Paid: Date: 5/25/12 David D. Buell, Prothonotary (Seal) By. Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308909 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This _~ day of 20 ~_ Prothonotary On June 1, 2012 the Sheriff levied u-pon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, known and numbered 35 Scrafford Street, Shippensburg, PA 17257 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 1, 2012 By: l~L Q.~ ~..~~~ li"~l! s~ Y~a~l Claudia Brewbaker, Real Estate Coordinator J .. t ... CUMBERLAND LAW JOURNAL Writ Mo. 2012-670 Civil Term CITIMORTGAGE, Inc. vs. Rachael E. Young Wesley J. Young, II Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 2012-570-CIVIL, CITIMORT- GAGE, INC. vs. RACHAEL E. YOUNG WESLEY J. YOUNG, II owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 35 SCRAFFORD STREET, SIDPPENS- BURG, PA 17257-1727 Pazcel No. 39-35-2388-006. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $119,159- .30. 114 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County. and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li a Marie oyne, Edit SWORN TO AND SUBSCRIBED before me this da of Au ust 2012 Notary _~ NOTARIAL SEAL DEBORAH A COLUNS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Cc>. ;L020 TErhnic~logy Pkuvy ~uitr~ X00 Mechanic;sb~~re~, PA 17050 Inquirie~w -~~ ?17-255-8213 `;~~P i3r,='i ;,ND CO SHERIFFS OFFIi;E `:;..)ra3`=~?i 'AND COUNTY COURI~ HCUSE the ~latriot Hews New you know C,~F~.~_i~~~_E PA 17013 T'HE PATRIOT NEWS THE SUNDAY PATRIOT NEWrS Proof of Publication lJnder Act No. 58', Approved May 16 192` Commonwealth of Pennsylvania. County of Dauphin} sus E-€oily SI<~ir bein, duly sworn according to law. deposes and says: ,i hat ~shc= ~ ~ a : I~,fi` H,ccountant of The Patriot News Co., a corporation organized and exist!na ~'r:)er the laws of the Commonwealth of t'enn=,,~Ivania w=th its principal office and place of business at 2020 Technology Pk n,~. ;_ cite 300. in the Township of Hampden.. c;:~unty of Cumberland. State of Pennsylvania. owner and publisher of ThE Patr ~.>_ ~~ews and The Sunday Patriot-News r~~euv~;papE~r ~: of general circulation, printed and published at "900 Patriot Drive, rn the :: .::oi my and State aforesaid. that The ~atri+~~-New=_~ and The Sunday Patriot-News were estalalished IVlarch ~~th, 185d <~~ 1 ;~~. ~rember 18th, 1949. respectively ~.=.nd ~~' ha~~c been continuously published ever since: That ?he pr!nred ~ once or publication which is securely attached he=reto a Exactly as pr nte~ arc ; c.i:i~shed in their regular daily andror Sancav! nor -~munity Weekly editions which appeared on the date(s) indicated belcw Tt'.dt crer. ler she nor said Company is intere ]tad r she sut;~ect matter of said printed notice or advert+sing, ar?d than. all of the a+ieatit~oi ~~, of this statement as to the time. piac~ ~:~nd character of publication are true; and That shF: ~ as pe sonal knowledge of the facts aforesaid and is dWy authonzc=d and empowerec .~ verify this statement on behalf of The ~atr t-Ne~>tr~> Cc aforE=_said by virtue and pursuant to a resolution unanimously passed anc acz opted severally by the stockholders anc; i :arc' , `directors of the said Company and subsequently duly recorded in the offir_~ ~ ~ tF~ = R~=cording of Deeds in and for said G+~c ~ tv r.~~f Dauphin Ir Miscellaneous Book "M". Volume 14, Pace 3~? This ad ran on the datets~': shown below: 2012.570 Civil Term CITIMORTGAGE, Inc. 07/27112 Vs Rachael E. Young 08/03/12. Wesley J. Young, I I C ', Attp: Daniel Schmieg , , -~. 08/10/12. By virtue of a Wcit of Execution NO ~~ _ 'I 1 '' 2011-j7D-CIVIL ~~ ~ ~` .. ~ ~ CITIMORTGAGE.INt . . . . . . . . . . ~~_ ~ ~:°-. ~~...'... '~3.-.-.-`... -~.~...-.. vs. RACHAEL E. YOUNG WESLEY YouNG,lr Sworn to and subscribed before rn~~fhis 17 day of August.. '_ , owner(s) of property srtuate in the TOWNSHIP OF SOL'TFIAMPTOI`. Cumberland County. Yennsvlvania, hero, (Municipality) 3~scRAFFORD~sTREF~~, Notary Public SIDPPENSBURG. PA 1"_57-1127 d'arcel No.39-35.2388-OOb (Acreage or street address I improvements thereon: RESIDEN i i~1L DWELLING ,- -- - JUUGMENTAMOl N'1: Sll9.1?9 zr, l'(t~~I~i t'~~ titi ~ ~:1,i_.1~11 t)1~~ PE1~~1tiS5'LV A1`~IA t ~ )I `~ ! Y" (~tl~ C'l ~~'IBER_LAND f ~ `' ~;ul~~ _~._ lie~ler. Recorder of Deeds in anil for said County artd State da, ~~~;~~ ~,~I~~~,~ .;~~rtify that t(~e '~h~°= ~'!` ~ ":) _.~d ir; ~ti~hich Citimort!?a~e Inc_ is the grantee the same i aving beer ~~~,1,. ' ~ ~. ~~d grantee c~r~ the t ~ ua~ ~~ St~tem_ber A.D., 2012, under and by ~~irt.ue of a writ l~:recution i•~~~~i~~..kra the 2.Sth day of :~1a~_. ~ . O _ l 1 ~'. cut of the Court oI~ C'ommo~i Pleas of sal~1 ~;'ounty as of Ct~~il ~ ~> > .:' ~_l ~: Number `~"'0. at ~I~ ~sta~t ~f('itimort,.a~lc. against Rachel E. Young ~3~ VVeslev_J. Young ai ~~ ~I,i~~ r~eco~rded as [nstrum~ ~ ~<<1;4;ber ,()1w'.57. IN 'I'ES7~IMOI~Y WHER:~.OF, 1 ha~~_ ;~~~~.~~.~nt~ set my hand ,. _.a and seal of said ofi-ice this `', r' day of -- ~ __ -- .~-- ~, _, -~_ _ ---- i ~ , ~~ ~~~`.' (~',~c, t~d~~r of Deeds ,~.' ~::. R~orderolDC3~rttbenaru C;~~urny, Carlisle, PA MX Commission Expires the ?=use ~lorsiay of Jan. 2414