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HomeMy WebLinkAbout08-1449PHELAN 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 R. 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 173292 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 V. Plaintiff THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. dg ^lggq 0, ,jt 7?2.Wj, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173292 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 #: 173292 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 #: 173292 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 #: 173292 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: THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/07/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1982, Page: 1083. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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. File #: 173292 6 The following amounts are due on the mortgage: Principal Balance $79,999.17 Interest $2,957.28 09/01/2007 through 03/01/2008 (Per Diem $16.16) Attorney's Fees $1,250.00 Cumulative Late Charges $138.80 02/07/2007 to 03/01/2008 Cost of Suit and Title Search $750.00 Subtotal $85,095.25 Escrow Credit $0.00 Deficit $417.90 Subtotal $417.90 TOTAL $85,513.15 7. 8 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. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 173292 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. 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 $85,513.15, together with interest from 03/01/2008 at the rate of $16.16 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. PHE N HALLINAN C I G, LLP By: RANCIS S. HALLINAN, ESQUIRE X DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 173292 LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1 /4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175-023 PROPERTY BEING: 4506 CARLISLE ROAD File #: 173292 VERIFICATION I hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plain ff DATE: 3 Q File #: 173292 ? ? f9 crj ra i? ? O ? c ?, Tl I V. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01449 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS CONN THOMAS ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MILLER LESTER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 1S4 AMY DRIVE TrtTT T nn T 1-1 C1 T VD NOT FOUND , as to CARLISLE, PA 17013 TRATT.FR PARK AT THIS LOCATION NO LONGER EXISTS. Sheriff's Costs: So answe Docketin 6.00 Service 4.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County all9/08 00 5.80 PHELAN HALLINAN SCHMIEG 03/17/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS CONN THOMAS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONN THOMAS the DEFENDANT , at 1435:00 HOURS, on the 14th day of March 2008 at 4506 CARLISLE ROAD GARDNERS, PA 17324 by handing to LESTER MILLER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Affidavit .00 Surcharge 10.00 00 all ?i?0 F 36.64 Sworn and Subscibed to before me this day of , So Answers: c R. Thomas Kline 03/17/2008 PHELAN HALLINAN SCHMIEG By: epu y Sheri f A.D. CASE NO: 2008-01449 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS CONN THOMAS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TATT T Tn T L'-Crr=D the DEFENDANT , at 1435:00 HOURS, on the 14th day of March 2008 at 4506 CARLISLE ROAD GARDNERS, PA 17324 by handing to LESTER MILLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 3/14/ ? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/17/2008 PHELAN HALLINAN SCHMIEG B eputy She tiff A.D. qe PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff VS. THOMAS CONN LESTER MILLER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1449 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: o?. vq?g Francis S. Hallinan, Esqui e Date: 5 PHS #: 173292 AMR s VERIFICATION #Aft,KAOW1VN hereby states that he/she is hot Via Presided 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: D TE KACKS" Asst We ProskW Name: Title: Company: CITIMORTGAGE, INC. Loan: 2004167830 File #: 173292 A%* PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff VS. THOMAS CONN LESTER MILLER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1449 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 Date: ?- 0 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire r-a C? c--n -3 ^x _ C..v ;_ ra `'tt .act? ??h 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 Defendant(s). CIVIL DIVISION NO. 08-1449 CIVIL TERM 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 THOMAS CONN and LESTER MILLER, 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 3/2/08 to 5/6/08 TOTAL $85,513.15 $1,066.56 $86,579.71 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 0-12,t PR45 PROTHY 173292 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. THOMAS CONN LESTER MILLER Defendants TO: LESTER MILLER 4506 CARLISLE ROAD GARDNER, PA 17324 DATE OF NOTICE: APRIL 9. 2008 :NO. 08-1449 CIVIL TERM 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 2 SOUTH B DE FORD TREET COPY CARLISLE, PA 17013 (800)990-9108 COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY Assistant 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) 561-7000 CTTIMORTGAGE, INC. Plaintiff Vs. THOMAS CONN LESTER MILLER Defendants TO: THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE OF NOTICE: APRIL 9,20OR COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-1449 CIVIL TERM 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 AISLE 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 tfj?1 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 ATTORNEY FOR PLAINTIFF (215) 563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). CIVIL DIVISION NO. 08-1449 CIVIL 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 THOMAS CONN is over 18 years of age and resides at 4506 CARLISLE ROAD, GARDNERS, PA 17324. (c) that defendant LESTER MILLER is over 18 years of age, and resides at4506 CARLISLE ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ats (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. THOMAS CONN LESTER MILLER Defendant(s). CIVIL DIVISION NO. 08-1449 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 R. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). No. 08-1449 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/07/08 TO 09/03/08 (per diem -$14.23) Add' l Costs TOTAL $86,579.71 $1,707.60 and Costs $1.868.50 $90,155.81 DANIEL G. SCHMIEG, ESQUIRENJ 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. 173292 e W Fd-l o?z a? az zz ?a vz 00 U ?A O? V? ?w F? ~" U C. `may) od O (?0 -v U Iz u U zx zw a o a x? Fa 0 U ? w? wo o F ? }.y O 00 a? U a w N M d a a w z ?dN aaa a c?G7 a b d b O r oo° p v g ?0 9 c a D _ ' ( D 3 N N M L FT --7 rv LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175-023 TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-38-2175-023 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. THOMAS CONN LESTER MILLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1449 CIVIL 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 unsworn falsification to authorities. DANIEL G. SC IEG, ESQUI Attorney for Plaintiff co ?. ?i tITIMORTGAGE, INC. Plaintiff, V. THOMAS CONN LESTER MILLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 08-1449 CIVIL 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 ,4506 CARLISLE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland Adult Probation, 1 Courthouse Square Carlisle, PA 17013-3387 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) American General Financial 6 South Hanover Street Services, Inc. Carlisle, PA 17013-0417 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 4506 CARLISLE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th 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. May 27, 2008 ?? Cz DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ? rya C-. c a _. ;? } cxa ; .. .?., '? ? ? %.` CU ' .,, i 1?, --r, - ;: .. ?.,. ?,° .:? P CITIMORTGAGE, INC. Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). TO: THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 08-1449 CIVIL TERM May 27, 2008 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 "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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 4506 CARLISLE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,579.71 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: 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 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 I LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175-023 TITLE TO SAID PREMISES IS VESTED INThomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-38-2175-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From THOMAS CONN and LESTER MILLER (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 $86,579.71 L.L.$ 0.50 Interest from 5/07/08 to 9/03/08 (per diem - $14.23) - $1,707.60 and Costs Atty's Comm % Atty Paid $197.44 Plaintiff Paid Date: 5/28/08 (Seal) 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 Due Prothy $2.00 Other Costs $1,868.50 AA_ rothonota By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County THOMAS CONN No. 08-1449 CIVIL TERM LESTER MILLER 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 March 4, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on May 7, 2008 in the amount of $86,579.71. 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 September 3, 2008. 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 Interest Through September 3, 2008 Per Diem $16.16 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $79,999.17 $5,932.25 $305.36 $1,250.00 $1,224.00 $0.00 $159.00 $0.00 $0.00 $0.00 ($0.00) $2,029.05 $90,898.83 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 Defendants on July 1, 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Schmieg, LLP DATE: 6 By: ? ? I Mi hel M. B a for , Esquire Attorney for Plaintiff 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County THOMAS CONN No. 08-1449 CIVIL TERM LESTER MILLER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE THOMAS CONN and LESTER MILLER 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 4506 CARLISLE ROAD, GARDNERS, PA 17324. 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. H. 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 Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.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 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 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, 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 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. 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: A Q Tmniel?y hmieg, LLP By: M. Bradford, squire 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 R. 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 173292 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 Defendants o ro m ATTORNEY FOR P tNTff?P Z?j can o COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - /J?Q el UaLT t ?VI CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEYS PLEASE RETUR'% Ot " ,oired 09v ?. seed File #: 173292 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 #: 173292 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 #: 173292 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: 173292 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: THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/07/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1982, Page: 1083. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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. File #: 173292 6. The following amounts are due on the mortgage: Principal Balance $79,999.17 Interest $2,957.28 09/01/2007 through 03/01/2008 (Per Diem $16.16) Attorney's Fees $1,250.00 Cumulative Late Charges $138.80 02/07/2007 to 03/01/2008 Cost of Suit and Title Search 750.00 Subtotal $85,095.25 Escrow Credit $0.00 Deficit $417.90 Subtotal $417.90 TOTAL $85,513.15 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. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 173292 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. 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 $85,513.15, together with interest from 03/01/2008 at the rate of $16.16 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. 4PHE N HALLINAN C I G, LLP By. r RANCIS S. HALLINAN, ESQUIRE X ??95 DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff Fite #: 173292 LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1 /4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175-023 PROPERTY BEING: 4506 CARLISLE ROAD File k: 173292 VERIFICATION I hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my 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 unswom falsifications to authorities. DATE: I O Attorney for Plaintiff File #: 173292 Exhibit "B" PHELAN HALLINAN & SCMWEG, 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 63368-240 C C ON PLEAS CIVIL DIVISION NO. 08-1449 CIVIL TEIy TH LES R 4506 C ' LE ROAD GARDNERS, PA 17324 Defendant(s). ei PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO? ANSWER AND ASSESSMENT OF DAMAGES Q w° -C ua 0. . -c TO THE. PROTHONOTARY: Kindly enter an in LESTER MILLER, DO from service there damages as, fol As ?` 01 TOTAL ment in favor of the Plaintiff and' OMAS CONN and for failure to file an Answer to Plaintiffs Complaint within 20 days osure and Sale of the mortgaged premises, and assess Plaintiffs 3/2/08 to 5/6/08 $85,513.15 $1,066.56 $86,579.71 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff qS ti? f ?r??tit J` DAMAGES ARE 13Y ASSESSED AS INDIC?II•Y - DATE: PRO PROTHY 173292 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 July 1, 2008 THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 RE: CITIMORTGAGE, INC. vs. THOMAS CONN and LESTER MILLER Premises Address: 4506 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 08-1449 CIVIL 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 by Monday, July 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Mh y o&fo, e . sq uire For Phelan Hallinan & Schmieg, LLP Enclosure ?:II??II IIIIll EO L6 L 300-adi2 wo&I pm vw SOOZ w /inn 0 L08 LZb000 ORTO $ WL ZO 53MQg A3N!!d ? ?. 0 Nslod N M t? Q CIA a W z C7 Q ° y a rn W ? a b U u °o O o p G" C7 + UO ? y C ? O w ?a d U V ? o Q 10 P: O a Z F a? .fl N N N h OW OW L IA b zdo'? M O a w a ?a 4 U W a A d W W J W W a 06 z$ 9 h 9y?$ w ? u o H A O. ab?? E^ V ? G b?eH u W ? u'Q 0 o o??o 0 4) c? v 5 a o o .8 ,gam s O W y p O O 7 ? O N ? b C O V 4 y O C .5 a a y? a O O v z> Fx N M c T U 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 unworn falsification to authorities. MIl ieg, LLP DATE: A L By: ord, squire Attorney 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 CITIMORTGAGE, INC. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County THOMAS CONN No. 08-1449 CIVIL TERM LESTER MILLER 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. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE: -? <? 6 LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP By: N ( K I Mi el . Bradford, squire Attorney for Plaintiff c CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS CONN, LESTER MILLER, Defendants 08-1449 CIVIL ORDER OF COURT AND NOW, this 11th day of July, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 1, 2008; 3. The Prothonotary is directed to forward said answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if a hearing or further order of court is needed. By the Court, ?*-? ?A \ M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Thomas Conn-11- OF Lester Miller Defendants bas ?Ity r?til??ll?Id+ C7gI t 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. THOMAS CONN LESTER MILLER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL 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 was sent to the following individual on the date indicated below.. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE: *1 (-P 1 6? LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 P 1 Ili & Schmieg, LLP B. is ele W. radf d, Esquire Attorney for Plaintiff rt i ;ry AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) THOMAS CONK LESTER MILLER SERVE LESTER MILLER AT: 4506 CARLISLE ROAD GARDNERS, PA 17324 SERVED No. 08-1449 CIVIL TERM ACCT. #173292 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 Served and made known to LETTF-A A ILL EQ , Defendant, on the 10 +6 day of T(A NE , 200 , at -7'10 o'clock D.m., at 4SOr. C+0,wQ F- ROAD, 6Z4Ab N XRS , Commonwealth of Pennsylvania, in the manner described below: 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. V Other: OOWIA-?E Description: Age 4A Height ?" Weight 150 Race W Sex M Other I, RONA-t-b AAO L.- a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 40 day of S'Qt-'c 200Y Notary: c By; V6-K," r?,?UO LEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY MV9 MM18M EiM US 10/2512012 200, at Moved Unknown No Answer 1St Attempt: / / Time: 3rd Attempt: / / Timer Sworn to and subscribed before me this day of 1200- Notary: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd 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 a ? 9 ?ooz " ITI rya AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) THOMAS CONN LESTER MILLER SERVE THOMAS CONN AT: 4506 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY I No. 08-1449 CIVIL TERM ACCT. #173292 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 SERVED Served and made known to T 119 M A-S O &N N Defendant, on the (04 day of G N& , 200f at 7' 10 . o'clock g--m., at 450(o e4R?IS(.E RUED, GAAnuy As , Commonwealth of Pennsylvania, in the manner described below: 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: a Description: Age Height Weight 150 Race W Sex M Other I, `J a Aj P /W LA_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true' and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 10 day of `?'L Xw , 200 i? Notary: By: . PL ASE ATTE T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY OMftOMMISSX)ftX#IRES 1A/28/2A42-, 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 18t Attempt: / / Time: 3rd Attempt: ! / Time: Sworn to and subscribed before me this day of 200. Notary: Vacant 2nd 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 kj /451Z -o SALE DATE: SEPTEMBER 3, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. VS. THOMAS CONN LESTER MILLER No.: 08-1449 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4506 CARLISLE ROAD, GARDNERS, PA 17324. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. Attorney for Plaintiff July 24, 2008 W w W 0 b r? ? U U w •? w0 °a C7 d PC 6> .0 CA zdo r cap-- - 1 2!? Q3ll?lW I £0 L6 L 340O at n L08 LIit o v 8002 90 N w $L'ZO to a s o - 5"3mo9 AV41 ® p u ? d o F w A ? uL r o E ? y' 7 d ? o S X ? [1J . ? o ? o O y ? V T N C o x ? O KI y Q u V b 61 ..O E c uo ,oU ?Fco m A ?--) ti 00 ? € 43 ; ? ou._o j p (M 1 db o 7 A °o o c1 T O m 8 a m M s. n a N N O a a H w c? cw a i > N u .? w ?„ N O (? V ? fC 'o 0 o a+? 8 wgo :o Q. .° a ' 3 ;t:F o M cn cn s ° 0 0• o c ? 0 'n (D 0 FS U a U ? ? 0 v A: a ? ? pqo 00 ? w ?v d W zC*) ?a ? w =•? u a° w t o o w O?.H ?H z aw C q r ai O c - m ? v? a ? zf? O Wcn D wa O ? E Q? Z¢N N a. s. N C O LL Cn V ¢o w ? ° 0 C14 -0 ? D voo z ¢ ?O a ? -? 3 a `0 > 70 zz R: a ZW)? UvN c 0 > a 0o 0 - ' 4) r) c C? ca c Z O !: o x 0 Npq ? ?" CY-b 15 ?00 u v 4 Hr?+[ a'Wo? p?p? ? t Quz 0 o ? Cc ?V e z? a? g E0 z AV-U OUAa v0 U,o ?A: Ars: Qc0 U Ex- Fa d ? O U Z v O ? N u a -Ou N cn ?n ?O h 00 O, u H? 1 CZ3 f "7 cz: ) ?•Yo - * ?r^ 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. THOMAS CONN LESTER MILLER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 9, 2008. 3. A Rule was entered by the Court on or about July 11, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on July 16, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 1, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: S O JeTli LLP By: q Attorney for Plaintiff ichele M. radford, Es uire 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. THOMAS CONN LESTER MILLER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 9, 2008. A Rule was entered by the Court on or about July 11, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on July 16, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 1, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: 6 n chmieg, LLP By: e M. Bradford, squire AM, orey for Plaintiff Exhibit "A" CITIMORTGAGE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. = THOMAS CONN, LESTER MILLER, Defendants : 08-1449 CIVIL ORDER OF COURT AND NOW, this 11th day of July, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 1, 2008; 3. The Prothonotary is directed to forward said answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, the 'Court will determine if a hearing or further order of court is needed. By the Court, M. L. Ebert, Jr., J. Michele, M. Bradford,.Esquire Attorney for Plaintiff/Petitioner Thomas Conn Lester Miller Defendants bas TRUE COPY FROM RECORD -n Testimony whereof, t here unte set my-hanc end the l of said at COW PC rn y ? sow-* Exhibit "B" ? w a 0 -n T Vr t - GAD -Tj CD c r. C v =z 6 J :E * i -0 ? m ? Z © --? w 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 _ A -' CITIMORTGAGE, INC. Qo Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. THOMAS CONN LESTER MILLER CUMBERLAND County No. 08-1449 CIVIL TERM Defendants , CERT-1141 N OF SERVICE :v I hereby certify that atdruue?rrect copy of our Motion to Reassess Damages noting a ?i I Rule Return date of ° was sent to the following individual on the date indicated below.. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE: a] i cp 1 6? LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 li Schmieg, LLP is ele radf d, Esquire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: ieg, LLP n rhhel By: chele M. Bradford, Es ire Attorney 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 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County THOMAS CONN LESTER MILLER No. 08-1449 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. THOMAS CONK LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 -1 A DATE: *,s4 LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 e rradlfor Sc ie ,LLP By: M chele Md, Esquire Attorney for Plaintiff N low } rri C,n AUG 0 8 2o08 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County THOMAS CONN No. 08-1449 CIVIL TERM LESTER MILLER Defendants 14 ORDER AND NOW, this day of A Vpjj1 , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $79,999.17 Interest Through September 3, 2008 $5,932.25 Per Diem $16.16 Late Charges $305.36 Legal fees $1,250.00 Cost of Suit and Title $1,224.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $159.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $2,029.05 $90,898.83 Plus interest from September 3, 2008 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. BY THE COURT J. 173292 V414 A-VISoN,N d XLN 'kit, ncc) 'JUN Wd I i 9nv BQQZ 6lGh3OHdCl'-d 3HI JO ,_. Citimortgage, Inc. VS Thomas Conn and Lester Miller In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1449 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2008 at 1815 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: Thomas Conn and Lester Miller, by making known unto Thomas Conn, for himself and for Lester Miller, at 4506 Carlisle Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2008 at 2025 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 Thomas Conn and Lester Miller located at 4506 Carlisle Road, Gardners, 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: Thomas Conn and Lester Miller by regular mail to their last known address of 4506 Carlisle Road, Gardners, PA 17324. These letters were mailed under the date of July 15, 2008 and never returned to the Sheriff s 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. Sheriffs Costs: Docketing 30.00 Poundage 19.91 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 2.00 Mileage 18.00 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 419.00 Patriot News 393.14 Share of Bills 17.64 $1,015.19 S s: ?00?- 14? R. Thomas Kline, Sheriff BY J Real Estate Sergeant :Z/o $/a P 4- ' 4-7 60 CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS THOMAS CONN CIVIL DIVISION LESTER MILLER NO. 08-1449 CIVIL TERM Defendant(s). 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 ,4506 CARLISLE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland Adult Probation, 1 Courthouse Square Carlisle, PA 17013-3387 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) American General Financial 6 South Hanover Street Services, Inc. Carlisle, PA 17013-0417 5. Name and address of every other person who has any record lien on the property: t, • 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 4506 CARLISLE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th 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. May 27, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). TO: THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 08-1449 CIVIL TERM May 27, 2008 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 4506 CARLISLE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,579.71 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: L 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 property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175-023 TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-38-2175-023 WRIT OF EXECUTION and/or ATTACHMENT COMMpNWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From THOMAS CONN and LESTER MILLER (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 $86,579.71 L.L.$ 0.50 Interest from 5/07/08 to 9/03/08 (per diem - $14.23) - $1,707.60 and Costs Atty's Comm % Atty Paid $197.44 Plaintiff Paid Date: 5/28/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,868.50 Pr thonotary By: 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 Deputy Real Estate Sale #54 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 4506 Carlisle Road, Gardners more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ova Date: May 29, 2008 By: REs to Sergeant 91 :11 fit' b z AVW 0001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 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. Ll- Marie Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 54 Writ No. 2008-1449 Civil Citimortgage, Inc. vs. Thomas Conn and Lester Miller Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN property situ- ate in Dickinson Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance run- ning by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence run- ning by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a paint at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water- courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175- 023. TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Les- ter Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CAR- LISLE ROAD, GARDNERS, PA 17324. PARCEL NO. 08-38-2175-023. ` 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*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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: 07/23/08 Sworn to and gibd6cribed before me thiC2 day 1)4gust, 2008 A.D. Notary Public cly or tic DeLp6in C_" odadorr or u.,._, 07/30/08 08/06/08 Real Estate Sob No. 54 Writ No. 2008-1449 Chril Term Citlmortgags, Inc. VS Thomas Conn and Lester Millar Attorney Daniel Schmieg LEGAL DESCRurT10N ALL THAT CERTAIN property situate in Dickinson Township, . Cupp ? . WOROW ai a 1V at itt edge of the cement of 3tfe''%% vsy loft 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 61/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thence running by land now or formerly of Hoyt Sowers, North 741/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence nm ing ,by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the lice 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditamems and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, bust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number. 08-38-2175-M TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. t'aylor, dated 07107/2007, recorded 07113007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, PARDNERS, P A 17324 PARCEL NO. 08-38- 2175-023 AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) THOMAS CONN LESTER MILLER SERVE THOMAS CONN AT: 45% CARLISLE ROAD GARDNERS. PA 17324 CUMBERLAND COUNTY No. 08-1449 ACCT. #173292 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 SERVED 5 r_ T ff*" Served and made known to /f- ?.t/.? Defendant, on the G day of _ 4 200 9 at o'clockl°.m., at 414206 c'ul'sle- Commonwealth of Pennsylvania, in the manner described below: A 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 `S J0 Height S ?a Weight /?n Race ?_ Sex A. Other / 1. (? ? ,i I, e ' 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 sex fVperein, issued in the captioned case on the date and at the address indicated above. //' Sworn to and subscribed before me this .V ts"n'. of ! • 200 Bu 9 Bigbe@?D 0rive 8016 By. rW226-+4231 PiEASE AT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THED1)ORE J. tiARP TARP PUBLIC NOT SERVED On the NO ?Aaupftln JERSEY EW 2 200_3 at o'clock - m., Defendant NOT FOUND because: IIISgION EXPI Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time:_: Sworn to and subscribed before me this day of 200. Notary: 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 (2157 563-7000 z7 a f';,„ W ? Zo 7j ? co '?. W CIII PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CITIMORTGAGE, INC. THOMAS CONN LESTER MILLER SERVE LESTER MILLER AT: 4506 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 08-1449 ACCT. #173292 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 SERVED 9L Served and made known to Zfs _i- . JAZ A . Defendant, on the I _ day of 2009 at 11-4V o'clockZ.m., at ZIJP6 Cje%s?e C_ ? / ?Co? e_c s , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s) reside(s). Name and Relationship is •.7.? ?A 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 j! -s'y Height-P/0 Weight 70 Race t_ Sex A_ Other I, a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriffs We 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 Kenneth W. Milker before me this day 19 Blob" Dr ! of ?nl 200 Burlington NJ1s No 7 _F_ By: 609-526-4231 7P ASE A MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY iuttSSION DES 1012312012 200 /;yp o'clock/0 .m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1'" Attempt: / / Time• 2°d 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 200: One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 z7 tra h L?IQ, ? y ?,, x: ?L iE LLI r t1._ C=3 E C`V PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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 V. THOMAS CONN LESTER MILLER Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL 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 March 4, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on May 7, 2008 in the amount of $86,579.71. 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. A Sheriffs Sale of the mortgaged property at 4506 CARLISLE ROAD, GARDNERS, PA 17324 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:08-03184 on September 2, 2008. The Bankruptcy was dismissed by order of court dated January 9, 2009. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on June 10, 2009. 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 $79,999.17 Interest Through June 10, 2009 $10,470.34 Per Diem $16.16 Late Charges $555.20 Legal fees $1,300.00 Cost of Suit and Title $1,448.00 Sheriffs Sale Costs $1,015.19 Property Inspections/ Property Preservation $294.00 Appraisal/Brokers Price Opinion $168.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,105.03 TOTAL $98,354.93 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 April 2, 2009 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE:! By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff V. THOMAS CONN LESTER MILLER Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE THOMAS CONN and LESTER MILLER 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 4506 CARLISLE ROAD, GARDNERS, PA 17324. 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 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 Mortgage Corp. 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 Sheriff s 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 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, 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 an d 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 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. 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: 4? z l °f Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire 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 R. 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 173292 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 V. Plaintiff THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 Defendants c7 +v ATTORNEY FOR PERNTC6 ?6 rv ? m a Q -? COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (>18 - /?? ? ?! V LT&Zhl CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE COPY ATTOR%EYR Ej PLEASE 8d File #: 173292 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: 173292 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 #: 173292 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 #: 173292 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: THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/07/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1982, Page: 1083. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/0l /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. File #: 173292 6. The following amounts are due on the mortgage: Principal Balance $79,999.17 Interest $2,957.28 09/01/2007 through 03/01/2008 (Per Diem $16.16) Attorney's Fees $1,250.00 Cumulative Late Charges $138.80 02/07/2007 to 03/01/2008 Cost of Suit and Title Search 750.00 Subtotal $85,095.25 Escrow Credit $0.00 Deficit $417 90 Subtotal . $417.90 TOTAL $85,513.15 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. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 173292 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. 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 $85,513.15, together with interest from 03/01/2008 at the rate of $16.16 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. 3PHE N HALLINAN C I , LLP By: 47F-XNCIS S. HALLINAN, ESQUIRE X DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 173292 LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. Parcel Number: 08-38-2175-023 PROPERTY BEING: 4506 CARLISLE ROAD File #: 173292 VERIFICATION I hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plain ff DATE: 3 ? d File #: 173292 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 CTTIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 20% .. N PLEAS • C CIVIL DIVISION NO. 08-1449 CIVIL TERM TH LES ER mn 4506 C ISLE ROAD GARDNERS, PA 17324 Defendant(s). r j N 0 s? PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO? .- ANSWER AND ASSESSMENT OF DAMAGES "D. fJ TO THE. PROTHONOTARY: Kindly enter an in LESTER MILLER, Del from service there damages as. fol; TOTAL mow. gment in favor of the Plaintiff and gYi0MAS CONN and ) for failure to file an Answer to plaintiffs Complaint within 20 days ,losure and Sale of the mortgaged premises, and assess Plaintiffs 3/2/08 to 5/6/08 $85,513.15 $1,066.56 $86,579.71 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE < Attorney for Plaintiff DAMAGES AS$Y ASSESSED " J fi J?D AS INDIC g. .. DATE: PRO PROTHY 173292 Exhibit `6C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THOMAS EARL CONN Chapter: 13 Debtor(s) I Case Number: 1:08-bk-03184-MDF ORDER DISMISSING CASE A motion to dismiss the above-named case having been filed by Debtor(s), it is ORDERED that the above-named case be and it hereby is dismissed. By the Cowt, 71 14 1144VL Banp judge (JaK) This document is electronically signed and filed on the same date. Dated: January 9, 2009 MDPA-Dismiss Case. W PT - REV 12108 Case 1:08-bk-03184-MDF Doc 24 Filed 01/09/09 Entered 01/09/09 14:55:50 Desc Main Document Page 1 of 1 Exhibit "D" V? p r 5 a VI A w N p ? 1 O, ' I A w N "" r ? • > n a A v, W W ? o. pr ?a A W W ? N N N N (D t C l 7TT?? ?o aG ro o -n m?u O - s .2 ?= 0. G n o "O"? O o-' ? = p g < 5 ?.go obi y ? p ? C o v8 a" c oo° E? o orn 5 5 ^ ? rt K (? O9 C 9 5 y a ?. a 0 ro •p 9 m ?e m m .g g O O ? 0. O k ? 5 5 0' H ? c w ro 0 3 y 5 d n, va 5' E3 o o? ^. 5 o n n o 0 r z a aw r A o p r" O0 6 ?, C SZ, . r d Co N th C) C.r a a o r W 77 W 0 ?. V ^ 4J V 7d cr b rr Ada. 2 ` e ski 7 'UMMMW PITNEY 02 IM $ 02.20 0004218010 APR02 2009 MAILED FROM ZIP CODE 19 103 ITI A 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. Phelan Hallinan & Schmieg, LLP DATE: Z` By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division V. THOMAS CONN LESTER MILLER Defendants CUMBERLAND County No. 08-1449 CIVIL 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. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE: ty /1'7 LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 Phelan Hallinan & hmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff FILED-- tD 'E 2009 APR 13 AM QW: 39 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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 Court of Common Pleas Civil Division V. CUMBERLAND County THOMAS CONN LESTER MILLER No. 08-1449 CIVIL TERM Defendants PLAINTIFF'S AMENDED 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 March 4, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on May 7, 2008 in the amount of $86,579.71. 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. A Sheriffs Sale of the mortgaged property at 4506 CARLISLE ROAD, GARDNERS, PA 17324 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:08-03184 on September 2, 2008. The Bankruptcy was dismissed by order of court dated January 9, 2009. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 10, 2009. 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 $79,999.17 Interest Through June 10, 2009 $10,470.34 Per Diem $16.16 Late Charges $555.20 Legal fees $1,300.00 Cost of Suit and Title $1,448.00 Sheriffs Sale Costs $1,015.19 Property Inspections/ Property Preservation $294.00 Appraisal/Brokers Price Opinion $168.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,105.03 TOTAL $98,354.93 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 April 2, 2009 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. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Ebert entered an Order dated August 11, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 1 alli Sc ie LP DATE: By: ich ord, uir Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff ; Civil Division V. CUMBERLAND County THOMAS CONN LESTER MILLER No. 08-1449 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Amended Motion to Reassess Damages was sent to the following individuals on the date indicated below. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 DATE: S 1 1JIM By: WchM.r i Aord, Attorney for Plaintiff 1 THE F l71-'11`ip { TARY 2009 MAY 15 PH 12'. 52 CUt?r', ! , ??? r?Y A? r r, a PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC, Plaintiff, V. THOMAS CONK LESTER MILLER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/07/2008 - 09/02/2009 (per diem -$14.23 ) TOTAL Note: Please attach description of property. No. 08-1449 $86,579.71 $6,887.32 and Costs ,467.03 DANIEL G. SCHMI GF ,ESQUIRE One Penn Center at S Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 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. 173292 I U. - 3 °. 0 - A ?; o w 7 C k U C-j d w? d? a? OW o? oa Hv a? V H? U x a U O ?a a? U 4 S w? O ? H o ?w w° U a C" M 's 7 j 46 00 cs 3 ?y ? N M M ? d da ?Q as d ?i 0 01 Q, 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. THOMAS CONN LESTER MILLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1449 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: 0 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.A. §4904 relating to unworn falsification to authorities. DANIEL G. SOMIEG, ESQUIRE Attorney for P iff RLED-!D',='1QE OF THE PPt HONOTARY 2009 MAY I I PM 1: 2S CUMIBI-Il PchI#N'SYLVANIA 0 CITIMORTGAGE, INC. 6 Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1449 AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,4506 CARLISLE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 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) AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 SOUTH HANOVER STREET CARLISLE, PA 17013-0417 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 4506 CARLISLE ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County CUMBERLAND COUNTY ADULT PROBATION Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 13 North Hanover Street Carlisle, PA 17013 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true an ortect to the best of my personal knowledge or information and belief. I understand that false star ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio tq authorities. May 5, 2009 DATE DANIEL G. SIEGESQUIRE Attorney for Plaintiff ti THE FIt Fly: ? - =+CF OF PRO1 ;01,,1 0TAPY 2009 MAY I ! PM I: 25 C idl ,t : 1 LINTY FEN `dSYU ,NM f CITIMORTGAGE, INC. Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). TO: THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 08-1449 May 4, 2009 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 4506 CARLISLE ROAD. GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,579.71 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. f 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 ¦ .0 SHORT DESCRIPTION By virtue of a Writ of Execution No.: 08-1449 Citimortgage, Inc. Vs. Thomas Conn and Lester Miller Owners of property situate in Dickinson Township of Cumberland County, Pennsylvania, being 4506 Carlisle Road, Gardners, PA 17324 Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1 /4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-38-2175-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From THOMAS CONN and LESTER MILLER (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 $86,579.71 L.L. Interest from 5/07/08 - 9/02/09 (per diem $14.23) -- $6,887.32 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,234.13 Other Costs Plaintiff Paid Date: 5/11/09 Curtis R. 4 #,roiffihonZ (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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. 62205 CITIMORTIGAGE, INC., PLAINTIFF V. THOMAS ONN, LESTER MJILLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1449 CIVIL ORDER OF COURT AN[ NOW, this 20th day of May, 2009, upon consideration of the Motion/Amended Motion to F eassess Damages filed by the Plaintiff, IT IBS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be gran?ted; 2. l he Defendants will file an answer on or before June 8, 2009; 3. 11 no answer to the Rule to Show cause is filed by the required date, the relief requested qy Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine i? further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Michele M. radford, Esquire Attorney for Plaintiff Thomas Conn ester Mille Defendants h-- Or Cumb. Co. ?heriff 5`Q G'O'f bas Ties /n? t, LL sl lU9 It\ t Ql\ I M. L. Ebert, Jr., J. 6 1 0 Wd OZ )AN 60oz PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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 V. THOMAS CONN LESTER MILLER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 20, 2009 Rule was sent to the following individuals on the date indicated below. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE: LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 Phelap Halli an & chmieg, LLP By: W--- Mit feV.-dradforW, quire Atto ey for Plaintiff 2009 Mil - I Ail l : :? AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) THOMAS CONN LESTER MILLER SERVE THOMAS CONN AT: 4506 CARLISLE ROAD GARDNERS, PA 17324 SERVED CUMBERLAND COUNTY No. 0&1449 ACCT. #173292 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to 71 64145 C NV IV . Defendant, on the ?Ii ' ?+ day of -A*'/ .2001 at 3 _,4 0, o'clock P.m., at _ 41;D (o ,5 A N F--Q c 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 s Height s 'f0 Weight - F? Race W Sex M Other I, Ed A* .1) M 6 U , 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 KIMBERLY CURTY NOTARY PUBLIC before me this q? day STATE OF NEW SEY of , 2? y Commission Expi Mar h 7, 22 ; 1 Notary , Ali* PLE ' E SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200. at Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200. _Notary: o'clock _.m., Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: Attornev 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 FLED F THE Rr; 1-1, ARY 2009 AN 16 Ah 9: 5 9 AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. DEFENDANT(S) THOMAS CONN LESTER MILLER SERVE LESTER MILLER AT: 4506 CARLISLE ROAD GARDNERS, PA 17324 SERVED CUMBERLAND COUNTY No. 08-1449 ACCT. #173292 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to L ES70 / V' (L -L € A , Defendant, on the d?Q day of UY , 2003, at Z' 40, o'clock P.m., at ¢rp 6 C' t,tSt,E ,o*o) GwooN f2S , Commonwealth of Pennsylvania, in the manner described below: 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. ZOther: b - 1--R NT Description: Age Height 4, !to Weight 60 Race W Sex AA Other I, IwNQ-t,D Ad LL- , 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 subscri ed K l °'- '- RLY CURTY before me this day ,1RY P IC of , 2005. OF N J RSE Notary: :,ly C,;,-. $Yh Expires PL S TEMP 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: 2ad 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 p?A 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 X215) 563-7000 CITIMORTGAGE, INC. Plaintiff V. THOMAS CONN LESTER MILLER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 13, 2009. 3. A Rule was entered by the Court on or about May 20, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 29, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. / Phelan Hallinan & Schmieg, LLP DATE: G C ` ` l °f By: ?e-? Mi ele M. radford, Esquire Attorney for Plaintiff 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 V. THOMAS CONN LESTER MILLER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered by the Court on or about May 20, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 29, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: a e- t ° By: Mich e M. Br ford, Esquire Attorney for Plaintiff Exhibit "A" CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS CONN, LESTER MILLER, DEFENDANTS NO. 08-1449 CIVIL ORDER OF COURT AND NOW, this 20"' day of May, 2009, upon consideration of the Motion/Amended Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before June 8, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, 1*M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Thomas Conn Lester Miller Defendants Cumb. Co. Sheriff bas FROM f'F-CORU" TWE Ww*d,. I we U00 so, "ftha", of "W cot so- 0Wito i Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTp?I P/ r { ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Common Pleas CITIMORTGAGE, INC. ' Plaintiff P/ F'?,SF k V. THOMAS CONN LESTER MILLER Defendants CUMBERLAND County No. 08-1449 CIVIL TERM CERTIFICATION OF SERVICE Y Ij I hereby certify that a true and correct copy of the Court's May 20, 2009 Rule was sent to the following individuals on the date indicated below. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 DATE: 4T LESTER MILLER @jk 17013 Phelap Halli an & chmieg, LLP By: i e . radfor, quire Atto o ey for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: G !`? {•s By: K? Michel . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff V. THOMAS CONN LESTER MILLER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-1449 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. THOMAS CONN LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 154 AMY DRIVE CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: L i 6 By: Michele M. Bradford, Esquire Attorney for Plaintiff FLT= OF 1H F': RY 202 C9 .JAI! 1 1 H1' J Carr::- ., .?, 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 June 16, 2009 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: CITIMORTGAGE, INC. v. THOMAS CONN and LESTER MILLER CUMBERLAND County CCP, No. 08-1449 CIVIL TERM Dear Sir/Madam: Enclosed please find a Motion to Make Rule Absolute, Brief in Support thereof, and Certification of Service with regard to the above referenced action. Please file same with the Court and return the time-stamped in the enclosed self-addressed envelope. If you have any questions, please do not hesitate to contact me. Very truly yours, Michele M. Bradford, Esquire Enclosure cc: THOMAS CONN LESTER MILLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION THOMAS CONN LESTER MILLER NO. 08-1449 Defendant(s) AFFIDAVIT OF SERVICE OF LIENHOLDERS PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE. PURSUANT TO Pa. R_ .P. 405 OF NOTICE. OF SAI F COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, the undersigned attorney for CITIMORTGAGE, INC. hereby verify as follows: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4506 CARI.ISI.F. ROAD, GARDNFRS, PAS. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to all known 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". PHELAN, HALLINAN & SCHMIEG, LLP By: (G? awrence 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. 2067' Andrew C. Bramblett, Esq., Id No. 208375 Date: D ?`,-2 / / Attorneys for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahs .n of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ] 73292-SXF Z, "' i i a a w O V o ? v w C C% ? O U G) ti N ? n O °a •p L ? b C ? L 6> zoo w ? ?. L g QQ 10 IA w a Eg??? F J. ? .S 4 £ O L 6 6 3aoo d1z woazi a3lldW 12 60OZ LlAYA OLOS1Zb000 -? 09£'£0 $ w? zc . ?'• SiMO'8 A3N11d_i ' Z J s? w l L O NSOd 0 qp HIT QI Y u0 W m O _ w a? a? o 0Sw ?l $ > U en 10 ?o O y ? oQ N pC, 0 (/j W H ?•? yHa ? M °? ? > o N¢ ca m 'C1 ? H 'J W N p? O C a ? F'q O ? a r 00 ed N , L1+ b E-4 r z W ?..? W? a g W ° °S o I t w P* 44 C> ??aa A 0 U 3 ?o ? eV?o ¢ agUqO O 0 ? o ? N a3 ? a A?a z u P o - cd 4) 0 00 H?xwl ?wHC.8 Z z Nat Q ? H U O 0 7gb moo E v ? °? E Ll 0 O 8 E z Qv=U w OA o ¢ G ? . U$ ?a Q U 'd U a . c7 c Caw ?cU U.-,U ?x as E O Z U _d N N O x M i a H 0 ? .s m ?o 00 N E 'a Fil OF THE 2009 JUL 3 ! ',? t 10, 2 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which AMERICAN GENERAL FINANCIAL SER INC is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 11TH day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1449, at the suit of CITIMORTGAGE INC against THOMAS CONN & LESTER MILLER is duly recorded as Instrument Number 200934669. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this y day of 4-W- , A.D. A0 0 q Recorder of Deeds F!.ac,:d;r ct Cumoaiand County , CarWW, PA MY LAkaff Mw F4VMor)d&y0 Jan.2010 Sheriffs Office of Cumberland County _ .? F fL 1 ? ?;,? R Thomas Kline Sheriff i n Ronny R Anderson N09 ULIf -7 PH T30 Chief Deputy V V- Jody S Smith G, r '?Y Civil Process Sergeant i Edward L Schorpp Solicitor CITIMORTGAGE, Inc. vs. Thomas Conn Case Number 2008-1449 SHERIFF'S RETURN OF SERVICE 06/24/2009 07:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 1933 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 Lester Miller and Thomas Conn, located at, 4506 Carlisle Road, Gardners, Cumberland County, Pennsylvania according to law. 06/24/2009 07:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/24/09 at 1933 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: Thomas Conn, by making known unto, Thomas Conn, personally, at, 4506 Carlisle Road, Gardners, Cumberland County, Pennsylvania its contents and a- the same time handing to him personally the said true and correct copy of the same. 06/24/2009 07:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/24/09 at 1933 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: Lester Miller, by making known unto, Thomas Conn, adult in charge, at, 4506 Carlisle Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $91,800.00 to Attorney Dale Shughart, on behalf of, American General Financial Services, Inc., of, 6 South Hanover Street, Carlisle, PA, 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 95,436.00. SHERIFF COST: $2,872.62 October 06, 2009 r' ib/ .:) t lei L4, SO ANSWERS, R THOMAS KLINE, SHERIFF N 61 ?11 J cam ptzl-J 3 / sUU 5 SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: September 23, 2009 Writ No. 2008-1449 Civil Term CITIMORTGAGE, Inc. Vs Thomas Conn Lester Miller 4506 Carlisle Road Gardners, PA 17324 Sale Date: September 2, 2009 Buyer: American General Financial Services, Inc. Bid Price: $ 91,800.00 Real Debt: $ 99,712.37 (By Order of Court to Reassess Damages dated: June 19, 2009) Total: $ 99,712.37 DISTRIBUTION: Receipts: Cash on Account (05/27/2009): $ 1,500.00 Cash on Account (09/02/2009): 11,000.00 Cash on Account (09/11/2009): 82936.00 Total Receipts: $ 95,436.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 19 held September 2, 2009 EFFECTIVE DATE: September 2, 2009 PREMISES: 4506 Carlisle Road, Dickinson Township, Cumberland County, Pennsylvania, Tax Parcel No. 08-38-2175-023 (the "Premises") RECITAL: Being the same premises which Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, by her deed dated February 7, 2007 and recorded February 13, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 278, Page 3864, granted and conveyed unto Thomas Conn and Lester Miller, as joint tenants with right of survivorship. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 22. Mortgage in the amount of $80,400.00 from Thomas Conn and Lester Miller to Aegis Wholesale Corp. dated February 7, X007 and recorded February 13, 2007 in Mortgage Book 1982, Page 1083 assigned March 17, 2008 in Instrument No. 200807926 to Citimortgage, Inc. 23. Mortgage (open-end) in the amount of $22,000.00 from Thomas Conn and Lester Miller to American General Financial Services, Inc. dated July 2, 2007 and recorded July 9, 2007 in Mortgage Book 1998, Page 4999. 24. Judgment against Thomas Conn and Lester Miller in favor of Citimortgage, Inc. entered May 7, 2008 in the amount of $86,579.71 to No. 2008-1449 and amended by Order entered August 11, 2008 to the amount of $90,898.83 and further amended by Order entered June 22, 2009 to the amount of $98,354.93. 25. Judgment against Thomas Earl Conn in favor of Cumberland County Adult Probation entered July 22, 2009 in the amount of $2,858.10 to No. 2009-4922. 26. Judgment against Thomas Earl Conn in favor of Cumberland County Adult Probation entered July 30, 2009 in the amount of $2,858.10 to No. 2009-5238. 27. Subject to the rights granted Met Ed in Misc. Book 52, Page 556. 28. Subject to the rights granted The United Telephone Company of Pennsylvania in Misc. Book 215, Page 91. 29. Subject to the rights of others in and to the portion of the Premises within or adjoining State Highway Route 34, also known as the Carlisle Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By. Keith O. Brenneman -3- 4 . REAL ESTATE SALE NO. 19 Writ No. 2008-1449 Civil Citimortgage, Inc. VS. Thomas Conn Lester Miller Atty.: Daniel Schmieg SHORT DESCRIPTION Owners of property situate in Dickinson Township of Cumberland County, Pennsylvania, being 4506 Carlisle Road, Gardners, PA 17324. Improvements thereon: RESIDEN- TIAL DWELLING. EXHIBIT A CITIMORT;GAGE., INC. Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1449 AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,4506 CARLISLE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 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) AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 SOUTH HANOVER STREET CARLISLE, PA 17013-0417 5.. Name and addre,ss 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 4506 CARLISLE ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County CUMBERLAND COUNTY ADULT PROBATION 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 13 North Hanover Street Carlisle, PA 17013 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 PO Box 2675 Harrisburg, PA 17105 6th 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 an or?ect to the best of my personal knowledge or information and belief. I understand that false stat ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio to authorities. May 5, 2009 DATE DANIEL G. SIZMAIEU, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff, V. THOMAS CONN LESTER MILLER Defendant(s). CUMBERLAND COUNTY No. 08-1449 May 4, 2009 TO: THOMAS CONN 4506 CARLISLE ROAD GARDNERS, PA 17324 LESTER MILLER 4506 CARLISLE ROAD GARDNERS, PA 17324 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST!' PROPERTY. Your house (real estate) at, 4506 CARLISLE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,579.71 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: 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. 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.: 08-1449 Citimortgage, Inc. Vs. Thomas Conn and Lester Miller Owners of property situate in Dickinson Township of Cumberland County, Pennsylvania, being 4506 Carlisle Road, Gardners, PA 17324 Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 1/4 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 71 1/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-38-2175-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From THOMAS CONN and LESTER MILLER (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 $86,579.71 L.L. Interest from 5/07/08 - 9/02/09 (per diem $14.23) -- $6,887.32 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,234.13 Other Costs Plaintiff Paid Date: 5/11/09 Curtis R. ng, rotho tary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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. 62205 Real Estate Sale # On May 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as, 4506 Carlisle Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2009 By: k' L Rea state Woordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 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. REAL ESTATE SALE NO. 19 Coyne; Writ No. 2008-1449 Civil Citimortgage, Inc. vs. Thomas Conn Lester Miller Atty.: Daniel Schmieg SHORT DESCRIPTION Owners of property situate in Dicldnson Township of Cumberland County, Pennsylvania, being 4506 Carlisle Road, Gardners, PA 17324. Improvements thereon: RESIDEN- TIAL DWELLING. SWORN TO AND SUBSCRIBED before me this day of August, 2001) Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 . The Patriot-News Co. ' 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot-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 Marianne Miller, 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 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: 07/24/09 07/31/09 08/07/09 Sisk No. 19 J Writ No. 2000-1449 CMI Term CITIMORTQAt3E, Inc. ne° Y......... . vs. Thomas Conn Lester Miller Sworn to an bscribed before ` e is day of August, 2009 A.D. Atty: Daniel Schmisg TION SHORT DESCRIP By virtue of a Writ of Execution No.: 081449 Citimorigsge,Inc. Notary Public Vs. Thomas Corot aid Lester Miller owners of property situate in Dickinson Township of Cumberland County, Pennsylvania, being 4506 Carlisle Road, Gardners, PA 17324 COMMONWEALTH OF PENNSYLVANIA Improvements thereon: RESIDENTIAL DWELLING Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg; Dauphin County My Commission Fires Nov. 26, 2011 Member, Pennsylvania Association of Notaries