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Home My WebLink About12-1363 2 _0 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 287968 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Defendant TERM NO. 161 - /-%3 01 v i I IerM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 103. ?5 PD ATE'`/ ??`' llloa583 a ?i?'7/ V. Plaintiff MICHELLE L. FIFE 150 TORY CIRCLE ENOLA, PA 17025-2667 File #: 287968 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 1'0 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 #: 287968 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name and last known address of the Defendant are: MICHELLE L. FIFE 150 TORY CIRCLE ENOLA, PA 17025-2667 who is the mortgagor and/or real owner of the property hereinafter described. On 12/12/2006 MICHELLE L. FIFE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN MORTGAGE, INC., A NEW JERSEY CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1977, Page 2489. By Assignment of Mortgage recorded 07/28/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No. 201020402. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 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 File #: 287968 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 02/01/2012: Principal Balance $112,159.99 Interest $2,780.61 07/01/2011 through 02/01/2012 Late Charges $925.13 Mortgage Insurance Premium / $123.36 Private Mortgage Insurance Escrow Deficit $162.88 TOTAL $116,151.97 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in erp sonam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant on the date set forth thereon. File #: 287968 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $116,151.97, 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. LP By: File #: 287968 Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern legal right of way of Tory Circle, at the Northwest corner of Lot No. 25 on the hereinafter described Final Subdivision Plan; THENCE along the Western line of said Lot No. 25, South 03 degrees 11 minutes 12 seconds East, a. distance of 100.00 feet to a point on the Northern legal right of way line of Tyler Lane; THENCE along the Northern legal right of way line of Tyler Lane, South 86 degrees 48 minutes 48 seconds West a distance of 24.00 feet to a point at the Southeast corner of Lot No. 27 on the hereinafter described Final Subdivision Plan; THENCE along the Eastern line of said Lot No. 27, North 03 degrees 11 minutes 12 seconds West, a distance of 100.00 feet to a point on the Southern legal right of way line of Tory Circle; THENCE along the Southern right of way line of Tory Circle, North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the Northwest corner of Lot No. 25 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 26, Section 3, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated 6/1/1992, revised 8/5/1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, page 65. BEING improved with a townhouse dwelling known as 150 Tory Circle. BEING Map No. 09-14-0835-174 Attorney File No.: 287968 BEING the same premises which LAUREL HILLS DEVELOPMENT CORP., A PENNSYLVANIA CORPORATION, by Indenture bearing date 7/23/2001 and recorded 7/31/2001 in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND in Record Book 247 page 3427 etc., granted and conveyed unto PETER J. FIFE and MICHELLE L. FIFE, HUSBAND AND WIFE, in fee. PROPERTY ADDRESS: 150 TORY CIRCLE, ENOLA, PA 17025-2667 PARCEL # 09-14-0835-174 Attorney File No.: 287968 VERIFICATION Document Control old Dan Fitzgerald , hereby states that he/she is 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 unworn falsification to authorities. DATE: Name: Dan Fitzgerald Title: Document Control Officer Filek 287968 (FHA) Name: FIFE Attorney File No.: 287968 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage, Inc vs. Michelle L. Fife SHERIFF'S OFFICE OF CUMBERLAND COUNTY LL 0,try 2012 MAR -8 AM 8: 54 PENNSYLVANIA Case Number 2012-1363 SHERIFF'S RETURN OF SERVICE 03/02/2012 04:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2012 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michelle L. Fife, by making known unto David Jones, adult in charge at 150 Tory Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 March 06, 2012 ROBI RT BITNER, DEPUTY SO ANSWERS, RbNNrY ~ R ANDERSON, SHERIFF Vq r (i PHELAN HALLINAN & SCHMIEG, LLP -Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 ft , 2 v 1617 JFK Boulevard, Suite 1400 One Penn Center PlazaOERLAQ G4Url? Philadelphia, PA 19103 E'tf i t LVAN? ?' 215-563-7000 CITIMORTGAGE, INC. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS MICHELLE L. FIFE CIVIL DIVISION : No. 12-1363 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 MICHELLE L. FIFE, 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 $116,151.97 $116,151.97 I hereby certify that (1) the Defendant's last known address is 150 TORY CIRCLE, ENOLA, PA 17025-2667, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date DAMAGES ARE HEREBY DATE: PHS # 287968 #9,- - M hew rushwood, Esquire Att for Plaintiff rrn MA ASSESSED AS INDICATED. PROTHONOTARY Jl4.sovd 01` 11aIsSS 287968 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MICHELLE L. FIFE No. 12-1363 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 MICHELLE L. FIFE is over 18 years of age and the defendant's last known address is 150 TORY CIRCLE, ENOLA, PA 17025-2667. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 5?O& att ew B wood, Esquire Atto r Plaintiff 287968 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. VS. MICHELLE L. FIFE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-1363 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 * * 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 BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 287968 MICHELLE L. FIFE 150 TORY CIRCLE ENOLA, PA 17025-2667 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION MICHELLE L. FIFE Defendant TO: MICHELLE L. FIFE 150 TORY CIRCLE ENOLA, PA 17025-2667 DATE 'OF NOTICE: bnfl NO. 12-1363 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 Wt'THJN 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 BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By ... ti _ .?__.. _. _ .._. _-.._. . rushwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 pl S # 287968 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)' P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff V. MICHELLE L. FIFE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/26/2012 to Date of Sale ($19.09 per diem) $116,151.97 $3,703.46 $119,855.43 CUMBERLAND CC (_:, ?., - z r-n. c C) TOTAL Note: Please attach description of property. PHS # 287968 PLEAS AUNTY , j I_ D. fa. 4-5c) COURT OF COMM O 4,18.50 PA Try //3. oo cBF /1)3.95 " N. 50 " CIVIL DIVISION NO.: 12-1363 Phel a Iinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 Aftornev for Plaintiff -$/94.,15 Po IRE Wri_ 4s 40.26 6002D ?. 50 I'L 041,91356q P-4 a 79/17 ATr( ?+ ? a N ? w U o 3 ? }. a ? o W r-? wz ?> z o a a a? V U 04 W H ? uU P4 C)U W W r?.rv GT4 o Q W p a W U U U > A, Ste. 0 u s. 0 W 0 °O 00 0 M a O az a -o d .c W u W ?QY o o cxa W o w PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. MICHELLE L. FIFE Defendant(s) Attorneys for Plaintiff COURT OF COM CIVIL DIVISION NO.: 12-1363 CUMBERLAND t CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above 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 ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 35 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn i authorities. By: [alfiamf'& Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff arm ' cnf- ?__... _C o r- Z -, PLEAS ion to CITIMORTGAGE, INC. , Plaintiff T ' V. , MICHELLE L. FIFE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-1363 CUMBERLAND CO PHS # 287968 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Writ of Execution was filed, the following information concerning the real property located at 150 TORY CIRCLE, EN( 2667. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. 4. 5 MICHELLE L. FIFE Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably C-) C- -?• ?. ? ,? ascertained, please so indicate) rest = zm• - =M 7'r- r ` 150 TORY CIRCLE to te ENOLA, PA 17025-2667 r - C CD 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 t Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MT. LAUREL, NJ 08054 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025 ripe for the PA 17025- C L-2 sold: 6. Name and address of every other person who has any record interest in the property and whose interest may be aff cted 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 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 150 TORY CIRCLE ENOLA, PA 17025-2667 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 Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Z By: fl(linan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff which may penalties CITIMORTGAGE, INC. COURT OF COMMON 'LEAS Plaintiff CIVIL DIVISION VS. : NO.: 112-1363 MICHELLE L. FIFE Defendant(s) : CUMBERLAND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHELLE L. FIFE 150 TORY CIRCLE ENOLA, PA 17025-2667 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 150 TORY CIRCLE, ENOLA, PA 17025-2667 is scheduled to be so d at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $116,151.97 obtained by CITIMORTGAGE, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale i compliance with Pa.R.C.P. Rule 3129.3. ?0 ?v NOTICE OF OWNER'S RIGHTS r'M YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE o` To prevent this Sheriff's Sale, you must take immediate action: -? CD 1. The sale will be canceled if you pay to the mortgagee the back payments, late charrges,.,eost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1'30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca 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 ou will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 ?ut 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 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 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 f 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 i 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 th 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO 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. 12-1363 CITIMORTGAGE, INC. vs. MICHELLE L. FIFE owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 150 TORY CIRCLE, ENOLA, PA 17025-2667 Parcel No. 09-4-0835-174 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 5116,151.97 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern legal right of way of Tory Circle, at the Northwest corner of Lot N 25 on the hereinafter described Final Subdivision Plan; THENCE along the Western line of said Lot No. 25 South 03 degrees 11 minutes 12 seconds East, a distance of 100.00 feet to a point on the Northern legal rigl of way line of Tyler Lane; THENCE along the Northern legal right of way line of Tyler Lane, South 86 degrees 48 minutes 48 seconds West a distance of 24.00 feet to a point at the Southeast corner of Lot No. 2" on the hereinafter described Final Subdivision Plan; THENCE along the Eastern line of said Lot No. 27, North 03 degrees 11 minutes 12 seconds West, a distance of 100.00 feet to a point on the Southern legal rig of way line of Tory Circle; THENCE along the Southern right of way line of Tory Circle, North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the Northwest corner of Lot No. 25 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. BEING Lot No. 26, Section 3, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. dated 6/1/1992, revised 8/5/1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, page 65. BEING improved with a townhouse dwelling known as 150 Tory Circle. TITLE TO SAID PREMISES VESTED IN Michelle L. Fife, by Deed from Peter J. Fife, dated 12/12/2006, recorded 12/27/2006 in Book 278, Page 655. PREMISES BEING: 150 TORY CIRCLE, ENOLA, PA 17025-2667 PARCEL NO. 09-4-0835-174 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1363 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From MICHELLE L. FIFE (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: $116,151.97 L.L.: $.50 Interest from 5/26/12 to Date of Sale ($19.09 per diem) -- $3,703.46 Atty's Comm: Due Prothy: $2.25 Atty Paid: $194.25 Other Costs: Plaintiff Paid: Date: 8/10/12 a /J 0 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 �r of -rH PROTHONOTARf 2013 MAY -3 AM 1Q-- 35 CVWERLAND COUNTY Phelan Hallinan, NNSYLVANIA Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County MICHELLE L.FIFE Defendant No. 12-1363 TO THE PROTHONOTARY: PRAECII'E ❑Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled,Discontinued and Ended. Z Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑Please Vacate the Judgment entered. Date: S/Z 3 PHELAN HALLINAN,LLP By: Adam H.Davis,Esq.,Id.No.203034 PHS#287968 Attorney for Plaintiff LL Phelan Hallinan,LLP Attorney for Plaintiff 1.61.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 191.03 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MICHELLE L.FIFE No. 12-1.363 Defendant PHS#287968 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: MICHELLE L.FIFE 150 TORY CIRCLE ENOLA,PA 17025-2667 Date: PHELAN HALLINAN,LLP By:_ • I ! Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff