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HomeMy WebLinkAbout07-7399 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166781 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 V. Plaintiff MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Orl - 73g9 eCUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 166781 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 166781 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 166781 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 166781 I. Plaintiff is CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1970, Page: 3816. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 166781 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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: Principal Balance $260,953.83 Interest $11,350.77 05/01/2007 through 12/05/2007 (Per Diem $51.83) Attorney's Fees $1,250.00 Cumulative Late Charges $89.43 10/26/2006 to 12/05/2007 Cost of Suit and Title Search 550.00 Subtotal $274,194.03 Escrow Credit $0.00 Deficit $2,991.27 Subtotal $2,991.27 TOTAL $277,185.30 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 166781 8. 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 166781 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $277,185.30, together with interest from 12/05/2007 at the rate of $51.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 0; ?FY61,1 WjK 4-,' By. FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166781 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. PARCEL NO: 04-22-0481-030 PROPERTY BEING: 623 GLENDALE STREET File #: 166781 VERIFICATION I hereby state that I am the attorney for 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 knowledge, 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 unworn falsifications to authorities. t Attorney for Plaintiff DATE: Z 3 ? LOA PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE INC. COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY NO. 07-7399 CIVIL TERM MAX G. MANWARING JANET B. MANWARING 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. Dated: l0?ek File #: 166781 Phelan Hallinan and Schmieg, LLP ( W' By:?'t? Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire rtt!. , C"4 ry f.- ?.. w ?? J5 coil PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 CITIMORTGAGE INC. V. MAX G. MANWARING JANET B. MANWARING COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7399 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE ATREET CARLISLE, PA 17013 1A,7j" GGL?T FRANCIS S. HALLINAN LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Dated: `A 17XO Attorney for Plaintiff Attorney For Plaintiff x' `%k VERIFICATION Scott Scheiner hereby states that he/she is Asst Vice President of CITIMORTGAGE INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoin« ('IN it ,fiction in . Mortgage ForecloSLlre are true and correct to the hest of his/her knowledge, information and hehet: The undersigned understands that this statement is inade subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities_ DATE: ?&? Loan:2003946911 Name: SM SCHEINER Asst. Vice President Title: Company: CITIMORTGAGE INC. File #: 166781 t `531:x" ? Ail ? - c f . rn c-n w SHERIFF'S RETURN - REGULAR CASE IJO: 2007-07399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MANWARING MAX G MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MANWARING MAX G the DEFENDANT , at 1045:00 HOURS, on the 13th day of December-, 2007 at 623 GLENDALE STREET CARLISLE, PA 17013 JANET MANWARING, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 JAI,4167 L;- 32. 80 Sworn and Subscibed to before me this day So Answers: E R. Thomas Kline 12/14/2007 PHELAN HALLINAN SCHMIEG By: /Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE 110: 2007-07399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MANWARING MAX G MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MANWARING JANET B DEFENDANT the at 1045:00 HOURS, on the 13th day of December , 2007 at 623 GLENDALE STREET CARLISLE, PA 17013 JANET MANWARING was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ,,#,1©7 4 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/14/2007 PHELAN HALLINAN SCHMIECI- By. 00, Deputy eriff of A. D. r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM MAX G. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MAX G. MANWARING and JANET B. MANWARING, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/6/07 to 1/23/08 TOTAL $277,185.30 $2,539.67 $279,724.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. i DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -0`t,- PR ROT 166781 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. MAX G. MANWARING JANET B. MANWARING Defendant(s). NO. 07-7399 CIVL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MAX G. MANWARING is over 18 years of age and resides at, 623 GLENDALE STREET, CARLISLE, PA 17013. (c) that defendant JANET B. MANWARING is over 18 years of age, and resides at, 623 GLENDALE STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff .? PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff Vs. MAX G. MANWARING JANET B. MANWARING Defendants TO: JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 3, 2008 COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7399 CIVIL TERM P/ !"* ", PY 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 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ? PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 CITIMORTGAGE, INC. Plaintiff Vs. MAX G. MANWARING JANET B. MANWARING Defendants TO: MAX G. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 DATE OF NOTICE:4ANIJARV 3.2008 : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7399 CIVIL TERM r Y 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 PURPOSRIF 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 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 0 4 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MAX G. MANWARING JANET B. MANWARING CIVIL DIVISION NO. 07-7399 CIVL TERM Defendant(s). DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on ?J n a4 200 St . By: If you have any questions concerning this matter, please contact: /2j got PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING No. 07-7399 CIVL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/24/08 TO 6/11/08 (per diem $45.98) Add'1 Costs TOTAL $279,724.97 $6,437.20 and Costs $2,018.50 $288,180.67 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. 166781 ?Tk 0-4 Oz wa a? zz ?a °z 00 H U o? U xw H? ?U U M. r -j 90 rr??^ vl o O W ? a Uz z? G7 ? F ti it e o r to p m M O O z ? H UU U W W o ? ? aw a ? ? ? C> AA w a16 W 0404 G? l U 45 CO Its su OO ° boo Sob 00 a a Cn- f'j LEGAL DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 CITIMORTGAGE INC. •t Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,623 GLENDALE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name MAX G. MANWARING JANET B. MANWARING Last Known Address (if address cannot be reasonably ascertained, please indicate) 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 623 GLENDALE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. January 23, 2008 - DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? r-.? ??a C? ?'- ca `71 f_':J _ ? ? ?.? "(. ,, 1_. El ` ?$ t ..?-., t - r'`?' :: .?.,a. ?i '? -' (?.? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff ?? ?.? .. ri rrr ?° ?*, - - ? r i ?,7 r? ,F.. _?:_ "" _ .. < '=: ! _ „".i CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s). CUMBERLAND COUNTY No. 07-7399 CIVL TERM January 23, 2008 TO: MAX G. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 623 GLENDALE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $279,724.97 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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY SPILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From MAX G. MANWARING & JANET B. MANWARING (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 $279,724.97 L.L.$ 0.50 Interest from 1/24/08 to 6/11/08 (per diem - $45.98) -- $6,437.20 and Costs Atty's Comm % Atty Paid $167.80 Plaintiff Paid Date: 2/20/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,018.50 I Prothonotary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 PI IF,LAN HALLINAN & SCHMIF,G, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County MAX G. MANWARING JANE. T11. MANWARING No. 07-7399 CIVL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff; by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 7, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as l ;xhibit ..A". 2. Judgment was entered on January 29, 2008 in the amount of $279,724.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit -13-. 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. 1-lowever, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $260,953.83 Interest Through June 11, 2008 $21,014.13 Per Diem $51.83 Late Charges $89.43 Legal fees $1,250.00 Cost of Suit and Title $1,174.00 Sheriffs Sale Costs $0.00 Property Inspections $165.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $1,966.50 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($0.00) f ;scrow Deficit $5,012.19 TOTAL $291,640.08 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 25, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. Wl IERF.FORE, Plaintiff respectfully requests that this I lonorable Court amend the judgment as requested. DATE: Z)I U l t)) By: P e MAradford, i LP Michele Attorn ey for Plaintiff PI IELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 CTCIMORTGAGE INC. Plaintiff vs. MAX G. MANWARING ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County .JANETB. MANWARING No. 07-7399 CIVI, TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MAX G. MANWARING and JANET B. MANWARING executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 623 GLF,NDALE STREET', CARLISLE,, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 .lodgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). fhe Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa. R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. I V. INTEREST Fhe Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE Ifs Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies 1«r taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES fhe amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). IZecently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citico[p v. Morrisville I lampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VIL CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHI RF,FORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: P e M-adforA, LLP By: M the e Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166781 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 Plaintiff MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Defendants CJ ^' O may ? -•.- i - _l:: . 1 M l OT TI ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. e)j - 7 39q Civil `7ern% CUMBERLAND COUNTY CIVIL ACTION - LAW ?gWPLAINT IN MORTGAGE FORECLOSURE File #: 166781 "'v Ise: i' w4h6t i 0 be ?+ th® Correct ?c ? 1r?? and fi py of Original $?? Of Pyre 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 NUT 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File k 166781 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ct seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE. SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS Pile k: 166791 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE, COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED "PHIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fi,e #: 166781 I. Plaintiff is CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O-FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: MAX G. MANWARING JANET B. MANWARING 623 GL.ENDALE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1970, Page: 3816. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. rile #: 166781 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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. 6. The following amounts are due on the mortgage: Principal Balance $260,953.83 Interest $11,350.77 05/01/2007 through 12/05/2007 (Per Diem $51.83) Attorney's Fees $1,250.00 Cumulative Late Charges $89.43 10/26/2006 to 12/05/2007 Cost of Suit and Title Search 550.00 Subtotal $274,194.03 Escrow Credit $0.00 Deficit $2,991.27 Subtotal $2,991,27 TOTAL $277,185.30 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Filc ft: 166781 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's limergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File H: 166781 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of'$277,185.30, together with interest from 12/05/2007 at the rate of $51.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. - FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File # 166781 LEGAL DESCRIPTION AI,L TI IAT CERTAIN lot of* ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street ot'the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105,07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. PARCEL NO: 04-22-0481-030 PROPERTY BEING: 623 GLENDALE STREET He a- 166781 VERIFICATION I hereby state that I am the attorney for 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 knowledge, 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. See. 4904 relating to unswom falsifications to authorities. Attorney for Plainti DATE: _J) f Exhibit "B" PIIELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE CUMBERLAND COUNTY MAIL STATION COURT OF COMMON PLEAS O'FALLON, MO 63368-2240 CIVIL DIVISION Plaintiff, V. NO. 07-7399 CIVL TERM A OF MAX G. MANWARING PLEAS E 623 GLENDALE STREET CARLISLE, PA 17013 ? ,J JANET B. MANWARING r_ 623 GLENDALE STREET CARLISLE, PA 17013°F Defendant(s). ; PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO i ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MAX G. MANWARING and JANET B. MANWARING. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: h.. f ° tik As set forth in Complaint' $277,185.30 Interest from 12/6/07 to 1/23/08 $2,539.67 TOTAL $279,724.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: i 08 4C;,1;r4 PR RO 166781 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 25, 2008 MAX G. MANWARING JANET B. MANWARING 623 GLENDAL,E STREET CARLISLE, PA 17013 RE: CITIMORTGAGE INC. vs. MAX G. MANWARING and JANET B. MANWARING Premises Address: 623 GLENDALE STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-7399 CIVL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 30, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. MT &,,quire For Phelan I Iallinan & Schmieg, LLP linclosure 0 0 v _w o U =o w U `? 7 c "c L[1 ? ai c ^J' y. 4! 0 M Q O T VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: LP By: r P MBradford,'EsWe' Michele MAttorn ey for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 CI fIMORTGAGE INC. Plaintiff vs. MAX G. MANWARING JANET B. MANWARING Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7399 CIVL TERM CERTIFICATION OF SERVICE 1 hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief' in Support thereof, were sent to the following individuals on the date indicated below. MAX G. MANWARING JANET 13. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 9- t eg, LLP DATE: _ 3i 11 ° By: - Bradford, Es ' e (TMicceeleeMM. i Attorney for Plaintiff 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA (THMORTGAGE, INC. Plaintiff vs. MAX G. MANWARING JANET I3. MANWARING Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7399 CIVI, TERM RULE, AND NOW. this-- *I _- day of 42008, a Rule is entered upon the Defendants tO Shov< cause Why an Order should not be entered granting Plaintiff's Motion to Reassess U?tmn??es. Rule 1Zeturnable on the da of Aoer 206•? Y 08, at Ai #K' NwM- C_ OUrtroorn of the Cumberland County Courthouse, Harrisburg, PennsyI BY I J. - - /AX G. MANWARING JANE"I 13. MANWARING 62", GLL NDALF STREET CARLISLE', PA 17013 M'chele M. Bradford, Esquire elan Hallinan & Schmieg, 11,1' 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 I'1L: (215) 563-7000 I.AX: (215) 563-3459 t -icliele._hradford()fedphe.coni 166781 o? 8e:e Rd NdY 80p1 tZ-*f0 6jj/JNl f PI HA AN HAI,LINAN & SCHMIF.G, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 .John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAUE INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. CUMBERLAND County N1AX G. MANWARING JAM"V B. MANWARING No. 07-7399 CIVI. "TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 7, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as I?xhibit A,. 2. Judgment was entered on January 29, 2008 in the amount of $279,724.97. A true and correct copy of the praecipe forjudgment is attached hereto, made part hereof, and marked as Exhibit "I3". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. flowever, new items cannot be added at the time of entry of the judgment. 4. The Property is listed fbr Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $260,953.83 Interest Through June 11, 2008 $21,014.13 Per Diem $51.83 Late Charges $89.43 Legal fees $1,250.00 Cost of Suit and Title $1,174.00 Sheriffs Sale Costs $0.00 Property Inspections $165.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $1,966.50 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 Suspensc/Misc. Credits ($0.00) Lscrow Deficit $5,012.19 TOTAL. $291,640.08 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 25, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. \VI IF,R}:FORE', Plaintiff respectfully requests that this Ilonorable Court amend the judgment as requested. DATE: By: _ P e n ft6radfforad, , LP Michele MAttorney for Plaintiff PI IELAN HAL.LINAN & SCHMIEG, LLP b? : Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 f215Z563-7000 CI TIMORTGAGF. INC. : Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County MAX G. MANWARING .IANI"l' 13. MANWARING No. 07-7399 CIVL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CAST: MAX G. MANWARING and JANET B. MANWARING executed a Promissory Note aptreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 623 GLENDALI STREE'I', CARLISLE., PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the cnlorcement of'a judgment and to grant any relief until that judgment is satisfied. 20 P.L.I., .lodgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbane Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarantyfrust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the .judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality C ornpany v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, PlaintifT will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY Fhe within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff's Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa. R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. I V. INTEREST fhe Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. 'T'AXES AND INSURANCE: If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance NN ith the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville lampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Ilonorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Fhercfore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff'submits that it has acted in good f"aith in maintaining the Property in accordance xti ith the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WlJEIRI FORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:_ By: - PM- Mq P M Atto rney for Plaintiff Exhibit "A" I'IIELAN HALLINAN & SCHMIEG, LLP I, RANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDI`T'H T. ROMANO, ESQ,, Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ON I-, PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ('215) 563-7000 1666781 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff MAX G. MANWARING JANET B, MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Defendants =7 c 7 G3 c511-1 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. b? - 7 3?q CiVi 1 `erns TERM CUMBERLAND COUN'T'Y CIVIL ACTION - LAW VIPLAINT IN MORTGAGE FORECLOSURE pLEA h1c N. 166781 f?H ?tis`lo i{? c1rru >}.,?5a true nc(J?'G ?G"f rv0? of ft rigjnal filed Of rem 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 A"T ONCE. IF YOU DO NOT I IAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI I1S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File k 166781 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT; PURSUANT TO ]'HE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ct seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, TIIE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTII. THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE. SUING YOU TO COLLECT "THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File # 166781 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED "PHIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE, DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Filc h 166781 Plaintiff is CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: MAX G. MANWARING JANET B. MANWARING 623 GL,ENDALE STREET CARLISLE,, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE, F.I,ECTRONIC REGISTRATION SYSTF,MS, INC., AS A NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1970, Page: 3816. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of'public record. 4. The premises subject to said mortgage is described as attached. Pile: 166781 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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: Principal Balance $260,953.83 Interest $11,350.77 05/01/2007 through 12/05/2007 (Per Diem $51.83) Attorney's Fees $1,250.00 Cumulative Late Charges $89.43 10/26/2006 to 12/05/2007 Cost of Suit and Title Search 550.00 Subtotal $274,194.03 Escrow Credit $0.00 Deficit $2,991.27 Subtotal $2,991,27 TOTAL $277,185.30 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plainti ff're serves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. F 1c h: 166781 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff' or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File H' 166781 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WI1EIGTORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $277,185.30, together with interest from 12/05/2007 at the rate of $51.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: low FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File k: 166781 LEGAL DESCRIPTION AI.I, TIIAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. PAIZU1, NO: 04-22-0481-030 PROPERTY BEING: 623 GLENDALE STREET File d: 166781 VERIFICATIQN I hereby state that I am the attorney for 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.I'. 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 knowledge, 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 unswom falsifications to authorities. Attorney for Plainti DAIT- Z Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL. G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE, PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE CUMBERLAND COUNTY MAIL STATION COURT OF COMMON PLEAS O'FALLON, MO 63368-2240 CIVIL DIVISION Plaintiff, V. NO. 07-7399 CIVL TERM MAX G. MANWARING A' 623 G LENDA.LE STREET CARLISLE, PA 17013 L. r r ?.! JANET B. MANWARING 623 GLENDALE STREET "? - CARLISLE, PA 17013 kn w .Defendants). V ^' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO : r -ij ANSWER AND ASSESSMENT OF DAMAGES' 1'O THF. PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MAX G. MANWARING and JANET B. MANWARING Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/6/07 to 1/23/08 TOTAL $277,185.30 $2,539.67 $279,724.97 1 hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: i 08 PR RO 166781 Exhibit "C" W • PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 25, 2008 MAX G. MANWARING JANET B. MANWARING 623 GLENDAL,E STREET CARLISLE, PA 17013 RE: CITIMORTGAGE INC. vs. MAX G. MANWARING and JANET B. MANWARING Premises Address: 623 GLENDALE STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-7399 CIVL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 30, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e ru o s, &,quire Mi hele M. 3ra fFor Phelan I-lallinan & Schmieg, LLP Enclosure 0 0 v C- V) o 5 .r V) U r- -1- V) o0 CD Q ? o ? rn J ? Q V ,.c. J C O. Q y N W y ._ C :q 6J CQ L OJ L N QO T VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and hcllcf. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: P LP ?.?I I b? By. Miche C MBradford,'E.? Attorney for Plaintiff • ,; • P1 IFLAN HALL,INAN & SCI-IMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 1215) 563-7000 CITIMORTGAGE. INC. Plaintiff vs. MAX G. MANWARING JANET B. MANWARING Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7399 CIVL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MAX G. MANWARING JANET 13. MANWARING 623 GI-FNDALE STREET CARLISLE. PA 17013 DA F: By: 1 n Ire M. Brad Es 1 Mic e ee M. BAttorney for Pla intiff . V PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 31, 2008 Office ol'the Prothonotary Cumberland County Courthouse 1 Courthouse Square ("irlislc. PA 17013 RI;: CITIMORTGAGE INC. vs. MAX G. MANWARING and JANET B. MANWARING CUMBFBLAND County CCP, No. 07-7399 CIVL TERM D car Sir or Madam: Enclosed for tiling please find Motion to Reassess Damages, Brief in Support thereof and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. , , CneBuactI r , F, ire For Phelan I lallinan & Schmieg, LLP 1'Aiclosurc cc. MAX G. MANWARING JANET B. MANWARING PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. Plaintiff VS. MAX G. MANWARING JANET B. MANWARING Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County : No. 07-7399 CIVL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 9, 2008 was sent to the following individual on the date indicated below.. MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 DATE: CTMihel MBr?adford. By: r Plaintiff Attorney fo c -ti '7 E r" C -^t CITIMORTGAGE, INC. Plaintiff VS. MAX G. MANWARING AND JANET B. MANWARING, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7399 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on May 9, 2008 at 10:30 a.m. in Courtroom No. sylvania. n 3 of the Cumberland County Courthouse, Carlisla Date: April 18, 2008 046 A, Dale F. Shug rt Jr. Supreme Cour I. . 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire Max G. Manwaring Janet B. Manwaring CX5 =; AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE INC. DEFENDANT(S) MAX G. MANWARING JANET B. MANWARING SERVE JANET B. MANWARING AT: 623 GLENDALE STREET CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07-7399 CIVL TERM ACCT. #166781 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to F>f p • MOW Defendant, on the day of ,200q, at 20 , o'clock f.m., at G ?,3 GrLEW IP) t& = ?5??- ?T, ? L l 5 t ? Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: , Age M Height S Weight 6 Race W Sex F Other I, i- o ?"4-,(-b A lo to L- L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su ribed before me this 25 day of Wk)lt , 200. ? Notary: By: 14A4 PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED Oplt C MO MISSIO9f u?IRFS 1012512012 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ? flo r 4x:1 -TI .. vj AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE INC. DEFENDANT(S) MAX G. MANWARING JANET B. MANWARING SERVE MAX G. MANWARING AT CUMBERLAND COUNTY No. 07-7399 CIVL TERM ACCT. #166781 Type of Action - Notice of Sheriffs Sale 623 GLENDALE STREET CARLISLE, PA 17013 Sale Date: NNE 11, 2008 /? ?(, SERVED o4 day of M 4' C4 , 20C, Served and made known to Al 4Y G • 1V14m yj'of Defendant, on the p at 1:07) o'clock p.m., at (,-;23 Gf- h W F- SV=kt ! (S L F , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ V Adult family member with whom Defendant(s) reside(s). Name and Relationship is 7i F? Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: i " '?_ Description: Age ? D S Height Weight Race Sex f Other I, Ro7A4- ? ho &L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 19 day of v?1uu- , 200 Not a By: R, *,tq PL 'H SCE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED OmtCOMMISSI( y o) pIRFS 1012512012 - 200_, at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200_. Notary: Vacant 2°d Attempt: / / -Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 e- 60 ?? STS ' "? INS Citimortgage Inc. In the Court of Common Pleas of Vs Cumberland County, Pennsylvania Max G. Manwaring and Janet B. Manwaring Writ No. 2007-7399 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2008 at 2046 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Max G. Manwaring and Janet B. Manwaring by making known unto Janet Manwaring personally, and adult in charge for Max at 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1525 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Max G. Manwaring and Janet B. Manwaring located at 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Max G. Manwaring and Janet B. Manwaring by regular mail to their last known address of 623 Glendale Street, Carlisle, PA 17013. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Defendant entered a forbearance plan with the plaintiff. Sheriff's Costs: Docketing 30.00 Poundage 8.99 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.80 Levy 15.00 Surcharge 30.00 Patriot News 317.54 Share of bills 14.73 $458.56 So Answers: R. Thomas Kline, S eriff BY d0&:tSVij k& Real Estate S geant ps' C,? 4,2 . a/ j) 0 yd CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,623 GLENDALE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name MAX G. MANWARING JANET B. MANWARING Last Known Address (if address cannot be reasonably ascertained, please indicate) 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None f 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 623 GLENDALE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`b Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. e JanuM,23.2008 ? - DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,. . . CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s). TO: MAX G. MANWARING January 23, 2008 623 GLENDALE STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-7399 CIVL TERM JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS ISNOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 623 GLENDALE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $279,724.97 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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From MAX G. MANWARING & JANET B. MANWARING (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 $279,724.97 L.L.$ 0.50 Interest from 1/24/08 to 6/11/08 (per diem - $45.98) -- $6,437.20 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs $2,018.50 Plaintiff Paid Date: 2/20/08 Prothonotary , (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 ,monk t?Fr.7 Real Estate Sale # 38 On February 26, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Carlisle, Cumberland County, PA Known and numbered as 623 Glendale Street, Carlisle, more fully described on Exhibit "A" L filed with this writ and by this reference YAL incorporated herein. Date: February 26, 2008 By. Real Esta Sergeant hfi .Ol V ZZ 93J SdOt d3?12?3NS 3H1a0 ??1.?3? R The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otjwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to n subscribed before me this 27 day of May, 2008 A.D. • Notary Public COMMONWEALTH OF PENNSYLVANIA h?otanal Seal Chyrle L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #38 Writ No. 2007-7399 Civil Term Citimortgage, Inc. VS Max G. Manwaring & Janet B. Manwaring Attorney: Daniel Schmieg DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle. Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/2712006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. (W22-0481-030 w PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff V. MAX G. MANWARING JANET B. MANWARING Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-7399 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against MAX G. MANWARING and JANET B. MANWARING, defendant(s). As Set Forth in the Order $291,640.08 '? 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 ? Shee R. Shah-Jani, Esq., Id. No. 81760 ? me R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 166781 1 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County MAX G. MANWARITIG JANET B. MANWARiNG No. 07-7399 CIVI. TERM Defendants ORDER AND NOW, this-!! day of , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $260,953.83 Interest Through June 11, 2008 $21,014.13 Per Diem $51.83 Late Charges $89.43 Legal fees $1,250.00 Cost of Suit and Title $1,174.00 Sheriffs Sale Costs $0.00 Property Inspections $165.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $1,966.50 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 {('4 c0-1yf r ti i Suspense/Misc. Credits ($0.00) Escrow Deficit $5,012.19 'T'OTAL $291,640.08 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: 1'he above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B Michele M. Bradford, Esquire Phelan Hallinan &- Schmieg, LLP 1617'JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215j 563-70M . FAX: (215) 563-3459 m iehele.bradford a.fedphe.com MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 166781 TRUE COPY FROM RECORD I Testi nony whelmof, I here unto set my hang td the . l of Bald Court at Carlisle, PL nl . L-AAA T9. A 019T wf? P0301 1 1, ri BLED-OFFICE OF THE PROTHONOTARY 2009 NOV 16 °H 1: 24 CUPS 5 a r ??UNTY PB1, 'SYLVAMA, 15/,Y. c90 / d 47 S? 7 c/ y? 5- -3 w ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION MAX G. MANWARING NO. 07-7399 CIVIL TERM JANET B. MANWARING CUMBERLAND COUNTY Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/12/2008-03/03/2010 $291,640.08 $0.00 TOTAL Note: Please attach description of property. Agwrence 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 ?ata R. Shah-Jani, Esq., Id. No. 81760 ? Sh ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 166781 O? a? OW ?a OH WO OV O? U? ?W U U W H ? C7 > ? 5 E* ? as U O s. W ? O? O W tin W O U a cli o, mod' MM°, to °?npN M N M O ??? b- N C, O Z M r- N V1? ZZ~ Z'Z'L7 O 6 ZN'Z,CO? ZZZtiz,-ri a °2o`OOZ'b'4 dy•y ^? y bb ° o jr yWW ?y 'y caw ?w -gib ?wW??w „tea www ow r?iWWW`?W o v w ? ?pw ?, •o ,. E xvy A > a U?, ??¢ >"a "?? C3 0 N!380- M M O Or ,4 as UU W 07 .o aa? Q. w N ,,CIO d .. LEGAL DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDAL,E STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 FLED-OFF OF THE PRIOTHMTAW 2009 NOV 18 PM 1: 25 PENNSYLVANIA ve. ? ? 3 3 7 ??. g (j 6 6 y / y, oU ?q 6?1, ?-6 Pd- a?'/ -* ,). 6 (j ?> 4e 6:, PHELAN HALLINAN & SCHMIEG, L.L.P. ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-7399 CIVIL TERM MAX G. MANWARING JANET B. MANWARING CUMBERLAND COUNTY Defendant(s). CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) the mortgage is an FHA mortgage. ( ) the premises is non-owner occupied. ( ) the premises is vacant. (X) Act 91 procedures have been This certification is made subject unsworn falsification to authorities. C1 Lawrence T. Phelan, Esq., Id. No. 3222.7-- E Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ' . Davey, Esq., Id. No. 87077 P'Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff to FUD- O K E OF THE PPOTHOI OTARY 2009 NOV 18 PM 1: 25 cuME? l'- ,..JUG PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, V. MAX G. MANWARING ' JANET B. MANWARING Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 623 GLENDALE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: MAX G. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None Z 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 None Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Address (if address cannot be reasonably ascertained, please indicate) 623 GLENDALE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit e, true and correct to the best of my personal knowledge or information and belief. I understand that se statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn f ification to authorities. November 9, 2009 DATE ?" Lawrence T. Phelan, Esq., Id. No. 32,14?' ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff FILED -OFIRE QF THE T?C?? ARY 2004 NOV 18 PM f : 25 PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING : COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVIL TERM CUMBERLAND COUNTY Defendant(s). ; November 9, 2009 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET 623 GLENDALE STREET CARLISLE, PA 17013 CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" Your house (real estate) at 623_GLENDALE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $291,640.08 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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 07-7399 CIVIL TERM CITIMORTGAGE, INC. vs. MAX G. MANWARING JANET B. MANWARING owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, (Municipality) being 623 GLENDALE STREET, CARLISLE, PA 17013 (Acreage or street address) Parcel No. 04-22-0481-030 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $291,640.08 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 D-OF OF THE PROIT MURY 2009 NOV 18 PM 1: 2 5 CUM t p3` UI'm PE:tJYA IN `'SYM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From MAX G. MANWARING AND JANET B MANWARING (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$291,640.08 Interest FROM 06/12/2008 - 03/03/2010 Atty's Comm % Atty Paid $661.86 Plaintiff Paid Date: November 18, 2009 L.L. Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 AFFIDAVIT OFSERVICE PLAINTIFF CITIMORTGAGE, INC. CUMBERLAND COUNTY No. 07-7399 CIVIL. TERM DEFENDANT(S) MAX G. MANWARING JANET B. MANWARING PHS #166781 SERVE JANET B. MANWARING AT: Type of Action 623 GLENDALE STREET - Notice of Sheriffs Sale CARLISLE, PA 17013 Sale Date: MARCH 3, 2010 SERVED Served and made known to .14b ET S. k1A'N W 1 /Y , Defendant, on the 3RD day of DecFvwBZ ,200-tat ',O ;L o'clock p.m., at 03 Gt-ROA A-E STR-r? , QL (SOE C3 ?, Commonwealth of Pennsylvania, in the manner described below: C-- C Defendant personally served. A,? t Adult family member with whom Defendant(s) s reside(s). Name and Relationship is /?71'St t Qua. i ASP Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. - - '-' Other: Description: Agile Height 6'0' Weight .0 Race W Sex µ Other ' I, _?d711?-tom 1 V 10 l- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set fo captioned case on the date and at the address indicated above. YJMBERLY CUR Sworn to and subscribed NOTARY PUBE'R before me this 3 Ro day STATE NSW 1ERS MARCH 7, 2013 of A?? 6 ttf?, 2 MY COMMISSION 6XPiRES MA 0-01. F No By: P A T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: tad Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: By:_ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 7 L -Q FTi fT ?a AFFIDAVIT OFSERVICE PLAINTIFF CITIMORTGAGE, INC. CUMBERLAND COUNTY No. 07-7399 CIVIL TERM DEFENDANT(S) MAX G. MANWARING JANET B. MANWARING PHS #166781 SERVE MAX G. MANWARING AT: Type of Action 623 GLENDALE STREET - Notice of Sheriff's Sale CARLISLE, PA 17013 Sale Date: MARCH 3, 2010 SERVED Served and made known to MY g- A&W,9 IN 6- , Defendant, on the 19-6 day of PECAOM 2009 at : o o'clock P--m., at 623 ??? :E7, ?"i "lig Le , Commonwealth of Pennsylvania, in the manner described below: n N i dDefendant personally served. c) C r r - Adult family member with whom Defendant(s) reside(s). Name and Relationship is n) r -r7 rn Adult in charge of Defendant(s)'s residence who refused to give name or relationship. W Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. -; i an officer of said Defendant(s)'s company. Other C.) J0 rn -< g ?S ? Weight 0 Race W Sex M Other Description: A Age Height v I, 11041-4> Ma L-L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. KjK3ERLy CURTY Sworn to and subscribed NOTARY PUBLIC before me this 3 RP day STA'TF OF NEW 1WEY of ?JEhea2200 LION EXPIRES MARCH 7, 2013 My COW Notary: By: PLE S SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of '200- at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: ! ! Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200_. Notary: By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 11/Ia 7 , . -ApV L; Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ,,-'rrancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County MAX G. MANWARING JANET B. MANWARING No. 07-7399 CIVL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 7, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A9, 2. Judgment was entered on January 29, 2008 in the amount of $279,724.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 3, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $260,528.40 Interest Through March 3, 2010 $50,838.79 Per Diem $51.75 Late Charges $89.43 Legal fees $1,250.00 Cost of Suit and Title $1,487.00 Sheriffs Sale Costs $458.56 Property Inspections/ Property Preservation $60.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $1,966.50 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($289.64) Escrow Deficit $18,133.04 TOTAL $334,537.08 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 19, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Z 1O t o Phelan Hallinan & Schmieg, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ?rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County MAX G. MANWARING JANET B. MANWARING No. 07-7399 CIVL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MAX G. MANWARING and JANET B. MANWARING executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 623 GLENDALE STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortga e CoEp. v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Ham ton Realt , 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I f q?, o GO Phelan Hallinan & Schmieg, LLP By: C/ -I-' ? Lawrence T. Phelan, Esq., Id. No. 32227 [ Fancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAFT-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166781 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 Plaintiff MAX G'. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Defendants r? c O rrT t7' 0 Z Sti _: I Z C_1 C)m ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 61- 7 5" Ci vi t 1 er-n-k CUMBERLAND COUNTY CIVIL ACTION - LAW IOWLAINT IN MORTGAGE FORECLOSURE A-?TOR A p1.?ASER?U File #: 166781 We hclehy certify within to be bVq 'aid correct copy of Original films of r 'or 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 166781 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File !1: 166781 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File k: 166781 Plaintiff is CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1970, Page: 3816. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 166781 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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: Principal Balance $260,953.83 Interest $11,350.77 05/01/2007 through 12/05/2007 (Per Diem $51.83) Attorney's Fees $1,250.00 Cumulative Late Charges $89.43 10/26/2006 to 12/05/2007 Cost of Suit and Title Search 550.00 Subtotal $274,194.03 Escrow Credit $0.00 Deficit $2,991.27 Subtotal 2 991.27 TOTAL $277,185.30 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File N: 166781 8. Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 166781 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $277,185.30, together with interest from 12/05/2007 at the rate of $51.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. , ox 9C F NCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File k: 166781 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. PARCEL NO: 04-22-0481-030 PROPERTY BEING: 623 GLENDALE STREET File #: 166781 VERIFICATION Scott Scheinet hereby states that he/she is Asst Vice President of CITIMORTGAGE INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Name: SM SCHEiNER ASSIL Vice pmIldent Title: Company: CITIMORTGAGE INC. File ##: 166781 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE INC. , 1000 TECHNOLOGY DRIVE CUMBERLAND COUNTY MAIL STATION COURT OF COMMON PLEAS OWALLON, MO 63368-2240 , CIVIL DIVISION Plaintiff, , v. NO. 07-7399 CIVL TERM MAX G. MANWARING 623 GLENDALE STREET ATTOh ' FILE F'SE ? CARLISLE, PA 17013 _ C- JANET B. MANWARING - _ W 623. GLENDALE STREET CARLISLE, PA 17013 A RN F.v - uo mask ru am Defendant(s). r _ %« , PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO c= v ANSWER AND ASSESSMENT OF DAMAGES ^` ' < TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MAX G. MANWARING and JANET B. MANWARING Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $277,185.30 Interest from 12/6/07 to 1/23/08 $2,539.67 TOTAL $279,724.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. t i DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l D PR RO 166781 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey January 19, 2010 MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 RE: CITIMORTGAGE INC. v. MAX G. MANWARING and JANET B. MANWARING Premises Address: 623 GLENDALE STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-7399 CIVL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by January 24, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 4 ery yours, n e T. (I, quire Francis S. Hallinan, Esquire el G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: Jl z S- f ? Lawrence T. Phelan, Esq., Id. No. 32227 9-13rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff Court of Common Pleas V. Civil Division MAX G. MANWARING CUMBERLAND County JANET B. MANWARING No. 07-7399 CIVL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: Z ?lr? By: ? Lawrence T. Phelan, Esq., Id. No. 32227 EE'fiancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 3 i r, . JAN 2 7 201005 rig u 4 ?_ ?,. 1 v 1 v' V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC. Plaintiff V. MAX G. MANWARING JANET B. MANWARING Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7399 CIVL TERM RULE AND NOW, this 0?lk f1k day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ?? ?Q Rule Returnable on the e, day of „A ' "'` 14AO ' 2010, at . in tie-A&" Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. A 'j B HE URT J. tUA'L`' l?29?c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s) CUMBERLAND COUNTY 0 COURT OF COMMON PLEAS roM Cn Ff. CIVIL DIVISION, Cn No. 07-7399 CIVL TE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: 0 rrn rx7 i cn N.) C-) N -n MM y ?'s 'M -c 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 Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: -7!f /t j12 wrence T .-Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 t,0 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 166781 O O r0-. .3 ao w Cl) _m 10 V-a V) ?c1r, ? co Z.Na J G a Q U R = C I gai wu,a n=. O a I\ u V L = N 4 ld N C Emu ZQC N d LL C E?dt_ c c _ c c p O N c E n mrn N 6 002 ` ?OOdt2 WQ21 j 0311,,W ssz S m ° ccWL° o9Z ?? ° E Es a z s ? o v E o c ? 3nnpH .??riuMUa ® C _ °: •- E g `.... .aS?OO m ID C nL q f 7 i x d U C n? C t'f ?owEc m o 22 ? ? .gcEoog C -0 ?O W • 7 c $ ow O L n N Z d O N N amooEc Ln ? () V w o N Z 'S c V d V w m 0 E E U) V a O v o m w ? CL W w ? ? _ U) N w ??o z? ZZZ??? W ? o wa c ?- ? a ? ? t A V> au0 fi, Q O a I Q ?? W ru N oa O i d a W p O X O Q w E? i3 Z ? V A U- U ? ?U A a ~ L. ? C9 E Z Z Q m m r m 4 co .6 ` i N E J Za* I C i J N Cl) d LO CO IL co m O r r N .- M r ?T r Lo r a._ F a a AILED- l FFhOE -IF THE pp,)3 pnNMARY 2010 FEB -9 p11 3: 03 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 L-,T auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff V. MAX G. MANWARING JANET B. MANWARING Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7399 CIVL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 28, 2010 Rule was sent to the following individual on the date indicated below. MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 el allinan & Schmieg, LLP DATE: B ; [J 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 4She?et `?. Shah-Jani, Esq., Id. No. 81760 Je R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~. Ronny R Anderson ~ _ T, F~ ~ ~ .F .~,/ Sheriff ~-- ~~~ti~tlp 0~ ~Ilip~frrl~r~~ Jody S Smith n~I,~ ~.I; 1 ~ t ; - Chief Deputy ~;.~ ~ t , L ~ u ~ r ~a ~ ~ ~ U ~, ,~. ~:;~ ~~ Richard W Stewart Solicitor ~~~~ `~= "'~~ ~~~ / f'. Citimortgage Inc vs. Max Manwaring (et al.) Case Number 2007-7399 SHERIFF'S RETURN OF SERVICE 12/28/2009 07:46 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1944 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Max & Janet B. Manwaring, located at, 623 Gelndale Street, Carlisle, Cumberland County, Pennsylvania according to law. 12/28/2009 07:46 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1944 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Max Manwaring, by making known unto, Allen Wanwaring, son of defendant, at, 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/28/2009 07:46 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1944 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Janet B. Manwaring, by making known unto, Allen Wanwaring, son of defendant, at, 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/01/2010 Property sale postponed to 5/5/2010. 05/04/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 7/7/10 SHERIFF COST: $695.66 July 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,~-t~` a~s~~a (c) C,ountySuite Shenf'f. TelFOSOfl~. Irc. CITIMORTGA~Tt,, INC. COURT OF COMMON PLEAS Praintiff; CIVIL DIVISION v. ' NO. 07-7399 CIVIL TERM MAX G. MANWARING JANET B. MANWARING CUMBERLAND COUNTY Defendant(s). , ~-~~ AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at_623 GLENDALE STREET, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: MAX G. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None ... y 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 None Address (if address cannot be reasonably ascertained, please indicate) 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 Commonwealth of Pennsylvania Department of Welfare 623 GLENDALE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit a true and correct to the best of my personal knowledge or information and belief. I understand that se statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsv~orn f tfication to authorities. November 9, 2009 DATE ' ^"Lawrence T. Phelan, Esq., Id. No. 32-7' ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff CITIMORTGAGE, INC. ` Plaintiff, v. MAX G. MANWARING JANET B. MANWARING Defendant(s). November 9, 2009 COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET 623 GLENDALE STREE'T' CARLISLE, PA 17013 CARLISLE, PA 17013 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATIDN OBTAINED WILL BE USED FOR. THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at 623 GLENDALE STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $291,640.08 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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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: (2151563-7000 ex-1230. 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 fin 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 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 fiill amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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. S. 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 shaze of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . SHORT DESCRIPTION By virtue of a Writ of Execution No. 07-7399 CIVIL TERM CITIMORTGAGE, INC. vs. MAX G. MANWARING JANET B. MANWARING owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, (Municipality) being 623 GLENDALE STREET CARLISLE, PA 17013 (Acreage or street address) Parcel No. 04-22-0481-030 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $291,640.08 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 LEGAL DESCRIPTION ALL that certain lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street Qf the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7399 Civit CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From MAX G. MANWARING AND JANET B MANWARING (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$291,640.08 Interest FROM 06/12/2008 - 03/03/2010 Atty's Comm Atty Paid $661.86 Plaintiff Paid Date: November 18, 2009 L.L. Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE - -r -v Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 On November 30 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, Known and numbered, 623 Glendale Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2009 By: Real Estate Coordinator ~~~, d W `~ A /~~ ::~~V U ~ v~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: Januarv 22 January 29 and Febru 5 2010 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. writ No. 200-7399 civil ~- is Marie yne, Editor Citimortgage Inc. °s' SWORN TO AND SUBSCRIBED before me this Max Manwaring Janet B Manwaring 5 day of February 2010 Atty: Lauren Tabas By virtue of a Writ of Execution -'~"~ - , No. 07-7399 CIVILTERM, CITIMORT- GAGE, NC. vs. MAX G. MANWARING, JANET B. MANWARING, owner(s) of property situate in the BOROUGH NOtary OF CARLISLE, Cumberland County, ~ Pennsylvania, (Municipality) being 623 GLENDALE STREET, CARLISLE, PA 17013. ~„~ (Acreage or street address) NOiAR1AL SEAL Parcel No. 04-22-0481-030. DEBORAH A COLLINS Improvements thereon: RESIDEN- Notary Public TIAL DWELLING. CARLISLE BORO, CUMBERLAND COUNN JUDGMENT AMOUNT: $291,640- My Commission Expires Apr 28, 2010 .08. PROPERTY ADDRESS: 623 Glen- dale Street, Carlisle, PA 17013. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v MAX G. MANWARING JANET B. MANWARING Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/24/2008 to Date of Sale ($45.98 per diem) TOTAL a ? -? 60 al 3a / to . o o ?• '' ++ '78..5 ?p u W5. wo 78.50 N.oo 14.00 " a?.oo $ 381.5a 'Pp Arty 49..00 4.u-6o NO. 07-7399 CIVL TERM CUMBERLAND COUNTY $279,724.97 $48,279.00 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 J u Michele . Bradford, Esq., Id. No. 69849 ? ? dith .Romano, Esq., Id. No. 58745 ? Sh 1 R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 166781 cam' P??pgs k:-4- Qi744./ rn.- n v v a? cn M O H?cd, g?a 3 I qq Z a U?? z w ?q ? .a WCa7? U Q o Q o O? W a? O a a? ? O O? U? L?f U U d ?a F U > C7 ? 40. TWA U w ? O o H? 3w O 0° ? ao u a clq 110 O r M Nv?? h MA -g, o", ?O000 , rhM .- d .+ Ovy?N NNN???r MN ro?O?zNN O p..? ? z G G oz (7, NC O ZZd 0'o -6 -d 5r.6 -6 ..? .? ^?o a ti zy ri Z b ar N o" w 0.0 6. ?WWW tiW.? vN'a"v?,d y'WW??WW ai as u. 41 > 4) Z d.wA °? wC1CCC]CCJ? ?FICC)CDEIUU Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff V. MAX G. MANWARING JANET B. MANWARING Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-7399 CIVL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (x) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 1 Pa. / § 4904 relating to unsworn falsification to authorities. / 5 .ef2, n By L/?- A06 ey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? /enine M. Bradford, Esq., Id. No. 69849 ? Romano, Esq., Id. No. 58745 ? R. Shah-Jani, Esq., Id. No. 81760 . Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE INC. Plaintiff V. MAX G. MANWARING JANET B. MANWARING Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM CUMBERLAND COUNTY PHS # 166781 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 623 GLENDALE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MAX G. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 C 1 1 JANET B. MANWARING 623 GLENDALE STREET 7 0 CARLISLE, PA 17013 - s ..? j M 2. Name and address of Defendant(s) in the judgment: C Name Address (if address cannot be reasonably i ? > ascerta ned, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. 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 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory 623 GLENDALE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 and correct to the best of my personal I verify that the statements made in this affidavit arnaorities. knowledge or information and belief. I understand th t fal ements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificafion t Septembers, 2010 By: Aftomey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judit T. Romano, Esq., Id. No. 58745 ? S eta' R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CITIMORTGAGE INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 07-7399 CIVL TERM MAX G. MANWARING : CUMBERLAND POUwY?+ JANET B. MANWARING Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c? TO: MAX G. MANWARING JANET B. MANWARING. 623 GLENDALE STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 623 GLENDALE STREET, CARLISLE, PA 17013 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $279,724.97 obtained by CITIMORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From MAX G. MANWARING and JANET B. MANWARING (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 $279,724.97 L.L. Interest from 1/24/08 to Date of Sale ($45.98 per diem) -- $48,279.00 Atty's Comm % Atty Paid $1,381.52 Plaintiff Paid Date: 9/8/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs avid D. Buell, Prothonotary By: Deputy Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 HK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 FiLCp-0~'FfCE OF THE PROTHONOTARY 2~ 10 OCT 15 AM I l ~ C~ 2 CtlMBERLANO COU!~~!TY P~NNSYLVANII~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County MAX G. MANWARING JANET B. MANWARING No.: 07-7399 CIVL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 166781 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 7, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,~ 2. Judgment was entered on January 29, 2008 in the amount of $279,724.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 9, 2008, amending the judgment amount to $291,640.08. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit C. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriff s Sale on December 8, 2010. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $260,528.40 Interest Through December 8, 2010 $64,897.47 Per Diem $51.75 Late Charges $89.43 Legal fees $1,300.00 Cost of Suit and Title $1,711.00 Sheriffs Sale Costs $1,154.22 Property Inspections/ Property Preservation $406.50 166781 AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $345,068.35 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10 In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 13, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. $o.oo $4,256.93 $15.00 ($0.00) $10,709.40 166781 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 10~ l~<<~ By: U Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~] Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 166781 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County MAX G. MANWARING JANET B. MANWARING No.: 07-7399 CIVL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 166781 I. BACKGROUND OF CASE MAX G. MANWARING and JANET B. MANWARING executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 623 GLENDALE STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 166781 Home Mortga~rporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 166781 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 166781 to be chazged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg_ enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 166781 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 166781 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 166781 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: (©~lN( ~t~ BY~ ^ wrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ 3enine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 166781 Ex_ h~ "A,~. 166781 PHELAN HALLINAN & SCHMIEG, LLP 'FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO ,ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166781 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 v. Plaintiff MAX G. MANWARING JANET B. MANWARING '623 C~LENDAL~ STREET CARLISLE, PA 17013 Defendants C7 C ^~ O -?~ `v V tx; 2 y ~... ~n ~ ( _ , ~ ~~ ' U U ~r~; ~ ~~i ~„ (._• ~n - L ~:' N °~ " ~,.,! -G ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a~ - 7 39q Ci Vi ~ ~~~~ CUMBERLAND COUNTY CIVIL ACTION -LAW ~~ ~~~ r~1ZPLAINT IN MORTGAGE FORECLOSURE . - ~-~-~ ~~ER~U~~ File H: 166781 ~Ve hei etsyr c~rti#y the within to ba a true' correct co pY ®f tp~ original flied of rimed 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filo it: 166781 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 166781 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THI5 COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. ~. File q: 166781 1. Plaintiffis CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17413 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1970, Page: 3816. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and aze 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 aze of public record. 4. The premises subject to said mortgage is described as attached. File #: 166781 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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: Principal Balance $260,953.83 Interest $11,350.77 05/01/2007 through 12/05/2007 (Per Diem $51.83) Attorney's Fees $1,250.00 Cumulative Late Charges $89.43 10/26/2006 to !2/05/2007 Cost of Suit and Title Search 550.00 Subtotal $274,194.03 Escrow Credit $0•~ Deficit $2,991.27 Subtotal 2 991.27 TOTAL $277,185.30 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Filc#: !66781 8. Plaintiff is not seeking a judgment of personal liability {or an in Qersonam 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) hasihave 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Filc N: 166781 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $277,185.30, together with interest from 12/05/2007 at the rate of $51.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN &SCHMIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff Filc #: 166781 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. PARCEL NO: 04-22-0481-030 PROPERTY BEING: 623 GLENDALE STREET File q: 1667&1 VERIFICATION Scott Scheiner hereby states that he/she is ASSt. Yiee President of CITIMORTGAGE INC., servicing agent for Plaintiff in this matter, that he/slle is authorized to take this Verification, and that the statements made in the foregoinG Civil Action in Mortgage Foreclosure are tn-e and correct to the bes[ of his/her knowledge, information and belief: The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. X904 relating to unsworn falsification to authorities. DATE: ~,Qj~,~~,d~b~ Name: -SETT SCHEINER Asst, Yke Ptesldent Title: Company: CITIMORTGAGE INC. Fi1c #: 166781 E~ i "B'~ 166781 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Ydentiiication No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 X1151 5~3-7000 CITIMORTGAGE INC. 1000 TECHNOLOGY DRIVE CUMBERLAND COUNTY MAIL STATION COURT OF COMMON PLEAS O'FALLON, MO 63368-2240 . CIVIL DIVISION Plaintiff, ~, NO. 07-7399 CIVL TERM MAX G. MANWARING . ~, ~~~ ~E.E C~P'~~ • ~~ 623 GLENDALE STREET ' ""~' ' ~ CARLISLE, PA 17013 .~ w JANET B. MANWARING :.;y ;; ? ;~.; r?7?~ 623 GLENDALE STREET . , ~ ~r? ~~' ~ ~ C,,. ~~° CARLISLE, PA 17013 '` ~; ~:~ •` ~ ~_~ Defendant(s). ~`~ <~~~: --- ~ rri PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO =`-~ ,;~„ ANSWER AND ASSESSMENT OF DAMAGES ~` '`ti-' ~ TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MAX G. MANWARING and JANET B. iyiANWARING. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint ~- $277,185.30 Interest from 12/6/07 to 1/23/08 $2,539.67 TOTAL $279,724.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1 > ~~1 _ DANIEL G. SCHMIEG, ESQUIRFJ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I~Q I08 PR RO 166781 C Exhibit "C" 166781 XN THE COURT OF COMMON PLEAS CUMBERi~AND COUNTY, PENNSYLrVANIA GITIMORTGAGE INC. Court of Common Pleas Plaintiff . . Civil.Division vs. CUMBERLAND County MAX G. MANWARING JANET.~B. MANWARING ~ No. 07-7399 CIVL TERM Defendants ORDER 2008 the Prothonotary is ORDERED to of this ~ ~ da AND NUW _ , y , amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc gro lunc in this case as follows: Principal Balance $260,953.83 Interest Through June l I, 2008 $21,0.14.13 Per Diem $51.83 l,aie Charges $89.43 I.,egaf fees $1,250.00 Cast of Suit and Title $1,174.00 Sheriffs Sale Costs $0.00 Property Inspections $165.00 AppraisalBrokers Price Opinion $0.00 Mortgage insurance Premium / $1,966.50 _ Private Mortgage Insurance Nan Sufficient Funds Charge $15.00 (c~e~~l. Suspense/Misc. Credits • Escrow Deficit TOTAL ($0.00) $5,012.19 $291,b40.08 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. B • 3. NlichcleM. iii~adford; Esquire 1'helan.i-lallinan ,&• Schmieg, LLP 1617`JFK Boulevard, Suite 1400 1'hilridelphia, PA 19.103 TEL: (215) 563-7000 . FAX: (215) 563-3459 ~michele.bradford fedphe:com MA•X .G. MANWARING JA1~1ET B. MANWARING 623 GLENDAI:E STREET CARLISLE, PA 17013 166781 TRUE ~OI~Y FRaM RE~t~~ ~~ Testfmorry wlieteof, t here urn set my harm xf the of said.Court at Carihjle, ~ ~~ Exhibit "D" 166781 ~. ag YoN. ~~ S.~d ~ y O b ~ 'fl A N d3 ~ ~ ~ V ~ •=~ ~ ~ v G p ~ .G s £ 0 46 L 3OO~dlZ WO?!d p3llt/W SZLLZti040 ~ U ~' ~ ~~ti~0 1 a, OLOZ S0130 9 , o9Z" 1~0 $ "" Z ° sanrwe na~a ~r~. ~ ®Ii~~I~,f s ~ ~ y ~ ~~ ~ ~, .. y~'Su ~ kfi~_._ a 'b o o~~S ~ ~~~ffi O yU V ~ U ~ p O d O -d J c~,11 ttl Npp 7 N O f~0 9 a F W ~ °o c.~ ' °d a ~ > os Gw ~~ ~.. .__ C ~ O 7 O` ~ o. Eq ~ ~ ~ is A ~_ ~LpJ yo ~ ~ W a ~i O V_ O p ~~a,,,„ y~,a ~ ~ s d ~ ~ 0 v d °' °o Q ~ a ~ ~ ~ ~~ °: O a ra ~ T ~ a a ~ w ~''~ a a ~ ~ ~ o ~ ti ~~ ~ m ~ ~ y KJ ~ ~ C~ N ~"~ 1 ~/ `~ Q ~O w40 L 0" .`~a ~ a d ~ w z ~ ~ ~ w J U~ ~ ~ ~a ~ ~ _, o~ a~ ~ a Z a u ~ ~ Z' ~ o ~ V "~ ~ ~ ~ x zy a ~~ ~ ~ ~ N 00 O~ .-+ d 0 ~ •-• N M ~ ~!l `p t" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563--7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 5, 2010 MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 RE: CITIMORTGAGE INC. v. MAX G. MANWARING and JANET B. MANWARING Premises Address: 623 GLENDALE STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-7399 CIVL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 10, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. rY truly y~i~U~YI~ i1r 4 Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah=Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 166781 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C: Bramblett, Esquire Enclosure 166781 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~C~~l~ ~._(~ BY~ Lawrence T. Phelan, Esq., Id. No. 32227 ] Francis S. Hallinan, Esq., Id. No. 62695 ] Daniel G. Schmieg, Esq., Id. No. 62205 ] Michele M. Bradford, Esq., Id. No. 69849 ] Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ] Jenine R. Davey, Esq., Id. No. 87077 ] Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 8665? ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 [],Joshua I. Goldman, Esq., Id. No. 205047 ~" Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 166781 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff v. MAX G. MANWARING JANET B. MANWARING Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 07-7399 CIVL TERM CERTIFICATION OF SERVICE 166781 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: l c>~ ((~E [c ~ By: ~~~ ^~wrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 166781 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: CITIMORTGAGE INC. v. MAX G. MANWARING and JANET B. MANWARING CUMBERLAND County CCP, No. 07-7399 CIVL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, ~ ® G L nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire 166781 Courtenay R. Dunn, Esquire/ Andrew C. Bramblett, Esquire Enclosure cc: MAX G. MANWARING JANET B. MANWARING 166781 ~'~~~~-o~~ic~ OF THE PRUTNq~OTARY 20lD QCT 19 ~~ I I = ! 0 CUMB~RLAPdD COUP~TY PEldNSYLVANIA OCT 18 LuIU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC. Plaintiff v. MAX G. MANWARING JANET B. MANWARING Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 07-7399 CIVL TERM No.. G ~ RULE AND NOW, this l day of ~~~ 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the ~ day of ~ 2010, at~~•~~in ~irr" 3 Courtroom~of the Cumberland County Courthouse, Carlisle, Penns T J. r ~~~~~5 m~~l~. ~.~~ ~~~ , lU/!Q/!U 166781 3 F~~EO_a~F~c~ a~ THE ~E~a~#i0Pi0TAftY~ 2DID OCR' 2~ ~'~1 l1 ~ 57 PLAINTIFF CUN~B~KL~~~~f~~~~ERV(CE(FNMA) CITIMORTGAGE INC. ~ ~ P~ ~~ S Y L~'A ~ ~ CUMBERLAND COl1NTY PHS # 166781 DEFENDANT SERVICE TEAM/ kxc MAX G. MANWARING COURT NO.: 07-?399 CIVL TERM JANET B. MANWARING SERVF. MAX G. MANWARING AT: 623 GLENDALE STREET CARLISLE, PA 17013 TYPE OF ACTION XX Notice of Sheriti's Sale t~ °`` +. SALE DATE: 12/08!2010 SERVED . Served and made known to MAX G. MANWARING ,Defendant on the .Z!~Aday of bCT176faR , 20 10 , at ~'. _L, o clock ~! M., a[ ~}3 ENA/h,fc $fir lbc pA, in the manner described below: V Defendant personally served. .` Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. ~_ Manager/Clerk of place of lodging in which Defendant(s) reside(s). `Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, `_ Other: Description: Age 7~S Height b_...,Q Weight ~40 Race W Sex Dd~er 1, ~IVQ•~,p ~ Lt-, a competent aduh, laeinK duly 5warn accartfing to taw, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before ~e~khis NO day ~-.~ KIMBERLY CURTY of __S? e~_. 2Q ~~ , - ~ / NOTARY PUBLIC Nota By: (~ STATE OP RFEW JERSEY NOT SERVED MY COMMISSION EXPIRES MARCH 7,1013 On th , 20_, at ^ o'clock - M., Defendant NOT FOUND because: _ ant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on ~ ~ at at _ Service Reftisect Other: Sworn to and subscribed before me this day of ~_. By: Nota-y: ATTOKNEY FUR PLAINTIFF i.,wrcaw T. Pka4arr, 8sy„ Id Na J22T7 Frara3s S. IlaOmap, Esq., b. Nw 62605 Daniel(:. ScLedr{l, Esy~ ki. No. 62205 Mktade M. Bradford, Ex}, Id No.69849 Jud1f0'f. Rweww, Esy., id Na 50745 SAcrml R b'kdnJaoi, Esy.,1d Na 81760 J~+~ine R Uavey, Psq.. kt. Nn. 87017 Lauren R Tabei>:+4., kA Nw 9.1J37 Vivck Srivastava, Esq, Id. Nu 20233[ Jay B. Junes, Eaq., Id Nw 86657 Pcrer J. Mulahy, Esg, ld. No. 61A1 Andrew L SldvuR, Esq., Id No. BMJY Jaieie YkCaWreas, Esq., Id Yo.411134 Chrisovalaofe P. FBakrq Esq, W. Na Y4620 Jashaa !. GdldeasR Fa'4, ld Nu 205187 Cuur/enay R Dung Esq., Id. Nu.206779 Aplnw C BrmWlgl,F~r~ Id. Na 208375 (Mc Pam Ceuter sl SnMrr7an Slaffon 7617 Judo F. Keaasdy BIW, SnOe 1400 )'0lkafelpJda, PA 10103J0t4 ~zls s63.7oge t3 -3 FILED-OFF~CE CIF THE P~~TIiO~OTAR`~` 2010 OCS 27 ~~i f 1 ~ 57 ~~ M ~~~~~~~ ~~(F ) PLAIN'T1FF C tTMB ERLANDCOUM1'TY P i CITIMORTGAGE INC. PHS # 166781 DEFENDANT SERVICE TEAM/ kxc MAX G. MAN WAKING COURT NO.: tY7-7399 CIVL'1'ERM JANET B. MANWARING SERVE JANET B. MAA~V-'ARING A7': TYPE OF ACTION 623 GLENDALE STREET XX Nonce of Sheriff's Sale CARL7SLE, PA 17013 SALE DATE: 12!0812010 SERVED Served and made known to JANET B. ARING ,Defendant on the~day of QcTdaFR , 20 L, at ~ .4s , oclock ~. M., at fpQ3 ~t c AA~ ~+~USt,E~~, in the manner described below: _ Defendant personally served. /Adult family member with whom Defendant(s) resides}. Reiationsllip is S N~ _ Adult in charms of Dcfettdant's rosldence who refused to gi vc name ar relationship. _ ManagerlCterk of place of lodging in which Defandant(s} teside(s}. `Agent ar person in charge of Defendant's ol~ice or usual place of business. an officer of said Defendant's conl~ny. Other Description: Age 7G S Height ~o`b ~~ Weight ~D Race w Sex M Other I, ~.D~l~'t-1~ ~~L, a compctca~t adult, being duly sworn according to law, depose and state that I perscxlally handed a t1Le etld correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captiorlcd case an the date and at the address indicated above. Sworn to and subscribed before me this ~ day ~`~~ KI MBERLY C URTY of o. /~J ~,Q~ f/ NOTARY PUBLIC N By: v ' C~" '- STATE OP NEW 3ERSEY NQT ~RV~ MY COMMISSION E'{t iRES MARCH 7, 2013 of . 20 , at ____ o'clock _. M., Defendant NOT FO Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant} No Answer on at , ,~ _ Seivii:e Refused. .- . . Other. Sworn to and subscribed b fefore me this ~ day B Y~ Notary: ATCORNSY FOR PLAINFfIFF L~elaee T.OYe4, Fy,1d. Nw.?2227 Fra~dcS liaior,, F~9+td Pia irilS' DalelC.9t1aJe0, Faq, Id.IYw ~ Id![ide M.!l.Nbe{ 84r ii lln. RA 1a4ttr T. 9mmN 6sep, ld Nu 58743 SkaYi A SW-,1W, ~., ii lia 8176A AicRDrop Bp,Ii.1+1407077 Las t.7YYa, ~}, li. PL73-'p VWekSdwatwa, F.sq, W. No. ?A>itt •~7 a Ao, 13y., id Tta a8L3T MxJ.81n1a611, F+S.1d.Na 61791 Aadn+1L SpP1wd6 £al., I1.74a 00[1! L1se McCeL~ Fi}, Id.T4a90171 Cirioraiak P. FYim. Sg..ld.748.94iE0 Air L G9idnrtiFy,10, IVa 110807 CwMq R 1Pa4 ~Mi. fi.1~. DIp79 Aa6arC lrsaild.6w, ii #la Lt17S OeePmo Center% SlaNen 1617 Jule F. Kennedy BPvd., Some 1980 l~rad~rw »leo-las, t1lASCt.~s1i .. F"ILf~-~FFIGE~ OF 7E~dE ~'j~~'T~~J~~TARY 2~ I Il ~~ T ~ ~ ~'d;~ 2~ ~ ! Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. MAX G. MANWARING JANET B. MANWARING Defendants CUMBERLAND County No.: 07-7399 CIVL TERM No.. CERTIFICATION OF SERVICE 166781 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 19, 2010 was sent to the following individual on the date indicated below. MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 DATE: ~~ -a~~~~~ Phelan Hallinan & Schmieg, LLP By: /~. ~lf~v~v U Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 166781 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC. Plaintiff, V. MAX G. MANWARING JANET B. MANWARING Defendant(s) CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No.: 07-7399 CIVL TERM 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 381 d/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h xhibit "A". 77 Date: U Lawr6ac"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 ? ReR. 1 R. Shah-Jani, Esq., Id. No. 81760 ? Davey, Esq., Id. No. 87077 ??Vivek R. Tabas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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. PHS # 166781 CITIMORTGAGE INC. Plaintiff v. MAX G. MANWARING COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM JANET B. MANWARING CUMBERLAND COUNTY Defendant(s) PHS # 166781 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 623 GLENDALE STREET, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MAX G. MANWARING JANET B. MANWARING 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CAPITAL ONE BANK USA, NA 4851 COX ROAD GLEN ALLEN, VA 23060 CAPITAL ONE BANK USA, NA 312 W. BROAD STREET C/O BARRY A. ROSEN, ESQUIRE QUAKERTOWN, PA 18951 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) TENANVOCCUPANT 623 GLENDALE STREET CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to au s. DATE: ((? By: Attorney for amtiff 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 ? Shee R. Shah-Jani, Esq., Id. No. 81760 ? Je a R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 S I I I I I I I I I I I I I I aS?? Gi £ 0 l 6 4 3400 dIZ LNOW 031IyW 0402 80AON 99ZLLZb000 C. iFq OZ7"ZQ $ VU a o 531Y/0B A3Nlld ® C ? o pO „boa93 o ?r V "0 0 11 V O rl ? O ? ?w 6 O a g rn a g N L "C ? o Ci u O pWq ? ?' ae dU C ? a. a $Ozw°?° d UDC C%2 N R? ?a ?zozza?? ? ?? o a? ??OpGaOi+pO C7 ?? MU??a?eaa a 482 odO?d?px?W ??ab ??vz?aa3 z? d? a?:c° 8 v?W?Oe?p ate,`-°?azU°0vc?7UUM,a i U w y 'b y a?'i y z ..a s CC, ?p ?t 41 N zQ0 '0 a , WoodZviosicr } 9SZtt a OLOZ 1% Z0 Q1C, SdS 9,t c og . s . n z. t d b r w ? ? appo Y C ? h .r ¦ it ? G ? ? O d ii ? w ? Or ° V ? a G7 41 49 a , V.P .r N eq V 1A ?O h ap O? .? ^' ? N ..r Z! ..r '* rt In rl W r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC. Plaintiff V. MAX G. MANWARING JANET B. MANWARING Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 07-7399 CIVL TERM ORDER AND NOW, this--lday of p , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance Interest Through December 8, 2010 Per Diem $51.75 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion $260,528.40 $64,897.47 $89.43 $1,300.00 $1,711.00 $1,154.22 $406.50 $0,00 166781 ti Mortgage Insurance Premium / Private Mortgage Insurance $4,256.93 Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $10,709.40 TOTAL $345,068.35 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. b2a//o 44 j&,25, 03, n G ?1 C U) N Q Gd -a N ©m ? © rc -c 166781 Ar Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFIM7 CT "RE PROTliBOTARY 2011 APP i I APB 10: 09 CIIMBERLAt D CC)O'[9TY PENNSYL!/ANIA Contimortgage Inc vs. Max G. Manwaring (et al.) Case Number 2007-7399 SHERIFF'S RETURN OF SERVICE 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1710 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Max G. & Janet B. Manwaring, located at, 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania according to law. 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1710 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Max G. Manwaring, by making known unto, Janet B. Manwaring, personally, at, 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/19/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1710 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Janet B. Manwaring, by making known unto, Janet B. Manwaring, personally, at, 623 Glendale Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/07/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $682.07 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF $a.oa ??L S??' e? Sryory !C CountySuite She! fl Teteosoft. In-. CITIMORTGAGE INC. Plaintiff *. V. MAX G. MANWARING JANET B. MANWARING Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7399 CIVL TERM CUMBERLAND COUNTY PHS # 166781 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 623 GLENDALE STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name MAX G. MANWARING JANET B. MANWARING 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. ,i 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: TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory reasonably ascertained, please indicate) 623 GLENDALE STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are and correct to the best of my personal knowledge or information and belief. I understand th t fal Je m ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifca ion t a orities. September5.2010 ( By; Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi 'T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 C'ITIMORTGAGE INC, COURT QF COMMON PT EAS Plaintiff : CIVIL DIVISION VS. : NO. 07-7399 CIVL TERM MAX G. MANWARING CUMBERLAND COUNTY JANET B. MANWARING Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 623 GLENDALE STREET, CARLISLE, PA 17013 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $279,724.97 obtained by CITIMORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of vour nronerty. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as shown on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; thence South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0481-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From MAX G. MANWARING and JANET B. MANWARING (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 $279,724.97 L.L. Interest from 1/24/08 to Date of Sale ($45.98 per diem) -- $48,279.00 Atty's Comm % Atty Paid $1,381.52 Plaintiff Paid Date: 9/8/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 93337 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 623 Glendale Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator 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: October 22, October 29, and November 5, 2010 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. r Lisa Marie Coyne, Yditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2007.7399 civil Citimortgage Inc. vs. Max G. Manwaring Janet B. Manwaring Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 07-7399 CIVL TERM, CITIMORT- GAGE INC. vs. MAX G. MANWARING, JANET B. MANWARINGM owners of property situate in the CARLISLE BOROUGH, Cumberland County, Pennsylvania, being 623 GLENDALE STREET, CARLISLE, PA 17013. Parcel No. 04-22-0481-030. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $279,724- .97. 82 Thb Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowE:red to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317 PUBLICATION COPY 2007-7389 Chdl Term Citlmortgage Inc vs Max G. Manwaring Janet B Manwaring AtIr. Daniel Schmieg By virtue of a Writ of Execution NO. 07-7399 CIVL TERM CITIMORTGAGE, INC. VS. MAX G. MANWARING JANET B. MANWARING owner(s) of property situate in the CARLISLE. BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 623 GLENDALE STREET, CARLISLE, PA 17013 Parcel No. 04-22-0481-030 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $279,724.97 This ad ran on the date(s) shown below: 10/15/10 c ?t Sworn to and scribed before me this 10/day t member 1 Notary PublT is ,-- OMMQNWF.AL.TH OF PENNSYLVANIA rlal $@al a NOW Sherrie L K,is W, Notary Public Lower Paxton INV., Dauphin County Mhy?Commission Expires Nov. 26, 2011 ennry!vaNa Associatlnn of Notarln! ' 2010 A.D. 10/22/10 10/29/10 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 07-7399 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From MAX G. MANWARING, JANET B. MANWARING (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: $345,068.35 L.L.: Interest FROM 12/09/2010 TO DATE OF SALE ($56.72 PER DIEM) - $41, 292.16 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $2,092.09 Other Costs: Plaintiff Paid: Date: 8/31/12 "\ , 1 1 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JF1K BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 __ _ _ __ i PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) '' P.R.C.P.3180-3183 CITIMORTGAGE INC. Plaintiff v. MAX G. MANWARING JANET B. MANWARING Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/09/2010 to Date of Sale ($56.72 per diem) TOTAL COURT OF COM CIVIL DIVISION NO.: 07-7399 CUMBERLAND Ca $345,068.35 $41,292.16 p is ~~ ~ to ~~ ~~ 3 ~G " $386,360.51 ~~ c~ni elan Ha li & Schmie Andrew J. Marley, Esq., I .312314 Attorney for Plaintiff Note: Please attach description of property. PHS # 166781 s .~ ~ a ~a~.s a'~'- 3~. ~o ~ u« lto•~ lFj$. S~D u i~ ~OR'S. ~,Q « a 1~.(~ur uN °`Z~1.OD u ~~ ly.~ «w 8~{.O6 a~ '`'{ . O~ Q s ~~ 1.0. (',IAN 1~184~v ~a4o-os ~,~ ~ PLEAS ....rY- ~::.; ~, -3 -r`: ~~ c~ r•, T? ~; ~d ~r ~ O ~ ~ Q ~ a ~' a~ o a ~ ~ t~ O ~ CU ~ wO OU H A W ~ .. ~~~- ~ ~. -a OU ~ ~~ A ~ w W ~~ pa .c C7H p ~ ~ U U > d ~ `., O H v w w~ O~ 0 ~. w O ~ w ~~ U W w -o v >, ro ~ E-' (~ ~ H W ~~o ~~ ~ o ~ a ¢~a ~ za -a ~ Z ua a ~ ~ w v~wa~' ,.a a~ Ha :; - ~v~ wc7~ ~ dM ~ ~ U z~, ti ~ V Q •~ z; w cr ~~w~ c ~ ~. ~ `° c ~ ~ ees a, Q . v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County MAX G. MANWARING JANET B. MANWARING No.: 07-7399 CIVL PERM Defendants ORDER AND NOW, this~day of ~~'~'~~ , 2010 the Prothonotary is ORDERED amend the in rem judgment and the Sheriff is ORDERED to amend the writ none pro tune in tl case as follows: Principal Balance $260,528.40 Interest Through December 8, 2010 $b4,897.47 Per Diem $51.75 Late Charges $89.43 Legal fees $1,300.00 Cost of Suit and Title $1,71 ! .00 Sheriff s Sale Costs $ l , l 54.22 Property Inspections/ Property Preservation $44b.50 AppraisalBrokers Price Opinion $0.00 16678 tr Mortgage Insurance Premium / Private Mortgage Insurance $4,256.93 Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $10,709.40 TOTAL $345,068.35 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the figure. B ,~~~~~,0 4y~,,.s~p,,,,,°ay ~~ ~p ..a 3 ~ ~ w ~ : ~ r^ ~ ~ 'a rn O N N p „~y N .-~O ~ i x ~ ~ ~, ~' ° ? ,~ -c 16678 _ _ __ __ LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Strut, which second point is in the line dividing Lots 66 and 67 as she on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 1 Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; the South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 4 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL N0.04-22-0481-030 PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 _„ ,~. 1617 JFK Boulevard, Suite 1400 r °'~~-t7r ~~~'~' One Penn Center Plaza '~`°~ ~~~~ ~~~~~~~~~~`~ Philadelphia, PA 19103 ~~ ~ ~ AUG ~ ~ AM 11= 5 b 215-563-7000 r Attorneys for Plaintiff CUM~ERLA~D COUNTY CITIMORTGAGE INC. FEf~NSYLYA~IIA COURT OF COM Plaintiff . CIVIL DIVISION v. , N0.:07-7399 MAX G. MANWARING JANET B. MANWARING Defendant(s) CUMBERLAND 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 (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 39 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities. By: n allinan & mieg, LLP ndrew J. Marley, Esq., Id. No.31 4 Attorney for Plaintiff ~N PLEAS 3 to ' CITIMORTGAGE INC. Plain~iff ~. MAX G. MANWARING JANET B. MANWARING Defendant(s) COURT OF COMMON PLEAS ~{C..~l~-0~~'1C~. CIVIL DIVISION _.~- THE PRaT~t~1~~T~1~ c 2€} ! 2 AUG 3 f AM ~ ~ ~ ~ 6 NO.: 07-7399 C~hiBERLANfl COUNi'Y , PENNSYLYAN~A CUMBERLAND COUN Y PHS # 166781 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the P~ Writ of Execution was filed, the following information concerning the real property located at 623 GLENDALE STREET, PA 170]3. l . Name and address of Owner(s) or reputed Owner(s): Name MAX G. MANWARING JANET B. MANWARING 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 623 GLENDALE STREET CARLISLE, PA 17013 623 GLENDALE STREET CARLISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) for the 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to a sold: Name Address (if address cannot be reasonably ascertained, please indicate) CAPITAL ONE BANK USA N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 CAPITAL ONE BANK USA N.A. C/O BARRY A. ROSEN, ESQUIRE CAPITAL ONE BANK, N.A 308 SUMMER CT. SELLERSVILLE, PA 18960 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238 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. _ 1 __ ' 6. Name and address of every other person who has any record interest in the property and whose interest may be affe~ted by the sale. Na~he 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 hich may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 623 GLENDALE STREET CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 170]3 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.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building 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 to authorities. Date: ~ By: an allinan chmieg, L P Andrew J. Marley, Esq., Id. No.31 4 Attorney for Plaintiff CITIMORTGAGE INC. MAX G. MANWARING JANET B. MANWARING 1i 0-GFFI~~. ,~= .°~ ~;~ 1~ROTHO'N0~'AR~Y Plaintiff 2~ 12 AUG 31 AM i t ~ ~ e vs. C~3MBERLANO COUNTY PENNSYLVANIA Defendant(s) i COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-7399 CUMBERLAND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MAX G. MANWARING JANET B. MANWARING 623 GLENDALE STREET CARLISLE, PA 17013 **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 CY, 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 623 GLENDALE STREET, CARLISLE, PA 17013 is scheduled to a sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanove Street, Carlisle, PA 17013 to enforce the court judgment of $345,068.35 obtained by CITIMORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale 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, co; reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 a 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 have of stopping the sale. (See notice on page two on how to obtain an attorney.) and will EVEN IF THE SHERIFF'S SALE DOES TAKE FLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find o~it 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 cut 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 proper~y as if the sale never happened. II 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) d ys 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 acc dance 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 By virtue of a Writ of Execution N0.07-7399 CITIMORTGAGE INC. vs. MAX G. MANWARING JANET B. MANWARING owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 623 GLENDALE STREET, CARLISLE, PA 17013 Parcel No. 0422-0481-030 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $345,068.35 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 known as Lot 65 of Plan of Section B of Heatherlands, with the improvements thereon erected, located on the Eastern side of Glendale Street of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street, which point is 105.07 feet South of a second point on the East side of Glendale Street, which second point is in the line dividing Lots 66 and 67 as show on the Plan of Section B of Heatherlands recorded in Cumberland County, Pennsylvania, in Plan Book 12, Page 36; thence along the Eastern side of Glendale Street in a Southerly direction, 100 feet to a point; them South 88 degrees 52 minutes, 30 seconds East, 150 feet to a point; thence North 02 degrees 19 minutes 40 seconds East 92.77 feet; thence North 86 degrees 06 minutes 50 seconds West, 150 feet to the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Max G. Manwaring and Janet B. Manwaring, by Deed from Reed S. Rusniak and Janice P. Rusniak, his wife, dated 10/26/2006, recorded 10/27/2006, in Deed Book 227, page 1543. PREMISES BEING: 623 GLENDALE STREET, CARLISLE, PA 17013 PARCEL N0.0422-0481-030 ti ['•--k r::~) .• ~... „y-~ ..y;'-' ,' y r « ` PHELAN HAI,LINAN & SCHMIEG, LLP »~1 Attorney for Plaintiff ~`, ` ' -' ` Meredith Wooters, Esq., Id. No.307207 n ~ c~ ~-7 ~ ~'. 1617 JFK Boulevard, Suite 1400 ~ ~=: ~" One Penn Center Plaza ---'~ cL Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MAX G. MANWARING JANET B. MANWARING No.: 07-7399 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA 1 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 Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". eredith Wooters, Esq., Id. 0.307207 `~ ~',Y (1 Attorney for Plaintiff Date: 1 0~ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. I 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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